SENATE—Tuesday, June 23, 2009

15838 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 SENATE—Tuesday, June 23, 2009

The Senate met at 10 a.m. and was period for the transaction of morning no intervening action or debate, and called to order by the Honorable RO- business. Senators will be allowed to that any statements relating to the LAND W. BURRIS, a Senator from the speak for up to 10 minutes each. Repub- bill be printed in the RECORD. State of Illinois. licans will control the first 30 minutes The ACTING PRESIDENT pro tem- and the majority will control the next pore. Without objection, it is so or- PRAYER 30 minutes. The Senate will be in re- dered. The Chaplain, Dr. Barry C. Black, of- cess from 12:30 p.m. to 2:15 p.m. today The amendment (No. 1364) was agreed fered the following prayer: to allow for weekly caucus luncheons. to. Let us pray. We will continue to work on an agree- (The amendment is printed in today’s Gracious God, Ruler of all nature, ment to consider the legislative appro- RECORD under ‘‘Amendments Sub- protect our Senators from the seduc- priations bill today. Senators could ex- mitted.’’) tive influences of power and prestige. pect votes in relation to that bill dur- The amendment was ordered to be Today, deliver them from the delusion ing today’s session. engrossed and the bill to be read a of self-importance which their position third time. and status subtly nurture. Remind f The bill (H.R. 1777), as amended, was them of the example of the greatest MAKING TECHNICAL CORRECTIONS read the third time and passed. man who ever lived. He said: ‘‘Those TO THE HIGHER EDUCATION ACT f who would be greatest must be serv- OF 1965 CONDOLENCES TO WASHINGTON ants of all.’’ In disagreement and con- Mr. REID. Mr. President, I ask unan- frontation, help them to respect and METRO CRASH VICTIMS imous consent that the HELP Com- esteem each other as they struggle to- Mr. REID. Mr. President, before we mittee be discharged from further con- gether for the resolution of complex turn to legislative matters, I wish to sideration of H.R. 1777. issues. Lord, give them the humility to The PRESIDING OFFICER. Without express my personal condolences and know that no one has a monopoly on objection, it is so ordered. The clerk those of the Senate to the people af- Your truth and that all need each other will report the bill by title. fected by yesterday’s tragedy, and that to discover Your guidance together. The legislative clerk read as follows: was a lot of people. That tragedy took We pray in Your sacred Name. Amen. place on the Washington Metro system. A bill (H.R. 1777) to make technical correc- f tions to the Higher Education Act of 1965, Nine people were killed and scores PLEDGE OF ALLEGIANCE and for other purposes. more injured yesterday evening as they simply made their way home during There being no objection, the Senate The Honorable ROLAND W. BURRIS led rush hour. The accident has shaken proceeded to consider the bill. the Pledge of Allegiance, as follows: this city and this body. Like so many Mr. ENZI. Mr. President, I rise to I pledge allegiance to the Flag of the other commuters, many who work on United States of America, and to the Repub- speak in support of this bill and our Capitol Hill rely on the Metro system lic for which it stands, one nation under God, need to make important technical cor- every day. It has been reliable, and it indivisible, with liberty and justice for all. rections to the Higher Education Op- has been safe. My heart goes out to the f portunity Act. I thank Senator KEN- families who lost loved ones and those NEDY for his willingness to approach APPOINTMENT OF ACTING who were injured. As we learn more this bill in a bipartisan manner, I al- PRESIDENT PRO TEMPORE about what caused this terrible acci- ways believe that working together we The PRESIDING OFFICER. The dent, we will work to ensure it never produce a better policy. clerk will please read a communication Any time this body considers a bill happens again. to the Senate from the President pro that has over 1,000 pages, there is f tempore (Mr. BYRD). bound to be a need to do some ‘‘clean The legislative clerk read the fol- HEALTH CARE lowing letter: up’’ and to correct unintended con- Mr. REID. Mr. President, this new sequences. Fortunately, we were also year began with so much hope. When U.S. SENATE, provided an opportunity to broaden PRESIDENT PRO TEMPORE, we began the 111th Congress, I had Washington, DC, June 23, 2009. benefits to the children who have lost a hoped Republicans would leave their To the Senate: parent in either Iraq or Afghanistan Republican games in the 110th Con- Under the provisions of rule I, paragraph 3, since 2001. It is important that we do gress. I had hoped they would have lis- of the Standing Rules of the Senate, I hereby all we can to support these individuals tened when the American people re- appoint the Honorable ROLAND W. BURRIS, a whose families have made the ultimate viewed their record and said no to the Senator from the State of Illinois, to per- sacrifice for our country. I am appre- form the duties of the Chair. party of no. ciative of Senators BURR and ALEX- ROBERT C. BYRD, I wrote the following at the time, President pro tempore. ANDER for their leadership in getting this past January: Mr. BURRIS thereupon assumed the this bill done. We have no choice but to govern dif- A college education is not a luxury in chair as Acting President pro tempore. ferently. The times demand it. If we do not the 21st century economy. It is a neces- govern differently, we will have taken no f sity. This bill will improve the ability good lessons from the bad experience of the RECOGNITION OF THE MAJORITY of our student assistance programs to Bush years. LEADER function and meet the needs of institu- That goes for Republicans and Demo- The ACTING PRESIDENT pro tem- tions of higher education, students and crats alike. pore. The majority leader is recog- their families. In my first address to this Chamber nized. Mr. REID. Mr. President, I ask unan- this year, I reminded both Republicans imous consent that the substitute and Democrats that when we retreat to f amendment, which is at the desk, be partisanship, when we fail to reach for SCHEDULE agreed to, the bill, as amended, be read common ground, we rob ourselves of Mr. REID. Mr. President, following a third time and passed, the motion to the ability to create the change the leader remarks, the Senate will be in a reconsider be laid upon the table, with American people demanded.

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

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15839 As the health care debate approached licans and Democrats, dealing with pro- The party of no is showing no inter- in April, I reached out to our Repub- motion of tourism and creating jobs and pro- est in sitting down with us at the nego- lican colleagues and wrote this: moting this country’s economic interests by tiating table. The party of no has asking international tourists to come to Rather than just saying no, you must be shown no interest in legislating. And I America and see what America is all about— willing to offer concrete and constructive if we can’t agree on that, how on Earth will am most concerned that the party of proposals. We cannot afford more of the ob- we get agreements on energy, health care, no has shown no interest in helping the structionist tactics that have denied or de- climate change, and so on? It is so dis- millions of people who have no insur- layed Congress’ efforts to address so many of appointing. the critical challenges facing this nation. ance and the 20 million who are underinsured and the millions more who are Last week, I reminded the other side I don’t know if anyone could put it paying too much for health care they that our hands remain outstretched any better than Senator DORGAN did. I could lose with one pink slip, one acci- across the aisle. I assured them we still couldn’t. Reforming health care and pursuing dent, or one illness. Millions of people save them a seat at the negotiating energy independence are daunting are afraid they are going to lose their table. And just yesterday, I encouraged insurance. That is what this debate is our Republican friends to join with us tasks. No one claims it is simple, but about. It is not just about people who to pass an important bill that would nearly everyone knows it is essential. promote foreign travel to the United No one claims the answer is obvious, have no insurance, it is about people States—creating jobs, reducing our def- but everyone knows we must work to- who have insurance, to keep it. In the icit, and strengthening our economy in ward one. Yet, if Republicans refuse to last 8 years, the number of uninsured the process. Everyplace in America, find common ground on the easy in this country has gone up by 10 mil- there are hotel rooms and motel rooms things, how will we do so on the hard lion people—10 million people. that are not occupied as they should ones? So I remind my Republican col- be. The legislation killed yesterday by It is difficult to understand, but it is leagues again, this is not about win- the Republicans would have had more clear to anyone following this debate ning and losing. This is not the time people coming to those hotel and motel that our Republican friends are not infor ideology. This is not the place for rooms. terested in making the difficult but political games. For the millions of At the beginning of this year, at the necessary decisions to dig our economy Americans who have paid crushing beginning of this Congress, at the be- out of this ditch and move us further health care costs or those with no cov- ginning of this debate, and even up to down the path of recovering prosperity. erage at all, it is about a concrete and the beginning of this week, my com- They have said publicly and privately critical crisis that children, families, mitment to bipartisanship and finding they are waiting on President Obama’s and small businesses feel every single common ground has not changed one failure. At this point, it has been a bad day. It is about the parent who cannot bit. Unfortunately, a stubborn group of bet because President Obama is still— afford to take their kid to the doctor Senate Republicans has not changed ei- today in the press, his popularity is ap- because insurance is too expensive. It ther. proaching 70 percent. is about the small businesses that have Yesterday, Republicans blocked a bill Instead, they like to echo talking to lay off employees because they can- that had 11 Republican cosponsors. I points written by pollsters. They like not afford skyrocketing health care assumed when they sponsored that bill to repeat the tired, trite, and baseless payments. It is about small businesses they were in favor of the bill. That is claim that if we reform health care—85 that have to eliminate health insur- kind of an idea people get around here. percent of Americans want us to re- ance because they cannot afford it. It They blocked a bill that would support form health care, but they are saying is about the three in five families who a trillion-dollar industry in an other- that if we improve health care, they put off necessary medical care because wise slow economy. They blocked a bill will be denied and delayed in getting it costs too much. that would create 40,000 new jobs right health care. It is absolutely incompre- American families in every one of our here at home over the next year. It hensible what their reasoning is. Noth- States are counting on us to work to- would have cut our deficit by $425 mil- ing could be further from the truth. gether in our common interests. They lion and helped our economy recover. First, let me state once again the are not counting the political points Perhaps, though, we shouldn’t be sur- facts. No matter what Republicans scored by either party. Senate Demo- prised. Just last week, a Republican claim, the government has no inten- crats want nothing more than to work Senator said the following: tion of choosing any part of your med- with Republicans to create a bipartisan Democrats need to know when they bring ical plan. Remember, we are talking a health reform bill that ensures quality [bills] up, we’re going to extend the debate as public option, a public choice. The gov- and affordable help for all Americans. long as we can—even if we can’t win. ernment has no intention of choosing That is why the HELP Committee has That is what he said. for you any part of your medical plan held 14 bipartisan roundtables, 13 com- Given their commitment to obstruc- or meddling in any of your medical re- mittee hearings, and 20 meetings of tion, it is remarkable we have gotten lationships. If you like the coverage committee members to discuss various anything done this year, let alone such you have, you can keep it. In fact, it is proposals—each one with the goal of a strong catalog of important accom- the name of a whole section of the reaching a bipartisan agreement. Hard- plishments that have helped us revive HELP Committee’s bill. Section 131 is working Americans are too often cas- our economy, strengthen our national called ‘‘No Changes to Existing Cov- ualties of our health care system. They security, protect our environment, de- erage.’’ That is what the title of the deserve better than to also be the cas- mand accountability, promote equal- bill section is. Every time you hear Re- ualties of this kind of politics. ity, and ensure progress. But if Repub- publicans say otherwise, you know It is not too late for Republicans to licans are going to stand in the way of they are not interested in an honest de- join us for a serious discussion and sin- a bill that creates tens of thousands of bate. cere dialog about how to move this new jobs, cuts our deficit by hundreds Second, let me reiterate once again country forward. As I did at the begin- of millions of dollars, and helps every the reality. The only thing being de- ning of this year, this Congress, this single State in the Union, how are we layed is urgently needed reform that debate, and this week, I still have hope going to do the other important work ensures all Americans have access to they will. the American people sent us here to quality, affordable health care. The f do? What is it they want to do? only thing at risk of being denied is As my good friend from North Da- Americans’ ability to stay healthy, get RECOGNITION OF THE MINORITY LEADER kota, Senator DORGAN, said yesterday healthy, or care for a loved one. It is on the floor: being delayed by a party that has made The ACTING PRESIDENT pro tem- If we can’t agree on a piece of legislation such stalling tactics their speciality, pore. The Republican leader is recog- that was offered by over 50 Senators, Repub- as evidenced last night. nized.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15840 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 HEALTH CARE WEEK IV, DAY II economy, the only words we hear are MORNING BUSINESS Mr. MCCONNELL. Mr. President, the rush and spend, rush and spend. The ACTING PRESIDENT pro tem- Secretary of Health and Human Serv- We heard similar warnings earlier pore. Under the previous order, there ices recently said that when it comes this year when Democrats pushed will now be a period of morning busi- to health care, the status quo is unac- through their stimulus bill, and voted ness with Senators permitted to speak ceptable, and I agree with her. She on it less than 24 hours after all of the for up to 10 minutes each, with the Re- then went on to say that there are a lot details were made public. Well, if the publicans controlling the first 30 min- of people on Capitol Hill who are con- American people learned anything utes and the majority controlling the tent with doing nothing, though she from the stimulus, it is that we should next 30 minutes. didn’t name names. On that point, I to- be suspicious when we are told that we The Senator from Arizona is recog- tally disagree. Republicans and Demo- need to spend trillions of dollars with- nized. crats all share the belief that health out having the proper time to review f how the money will be spent or what care reform is needed. The question is HEALTH CARE REFORM what kind of reform it should be. effect it will or will not have. Some have proposed a government- Democrats also said the stimulus Mr. MCCAIN. Mr. President, today, run health care system that would money wouldn’t be wasted and that the HELP Committee will meet to dis- force millions to give up the private they would keep track of every penny cuss another new government program health plans they have and like and re- spent. Yet already we are learning that seeks to promote prevention and place them with a government plan about outrageous projects like a $3.4 wellness. While prevention and where care is denied, delayed, and ra- million turtle tunnel that is 13 feet wellness are important and can lead to tioned. This so-called ‘‘reform’’ is not long or more than $40,000 being spent to lower overall health care costs, we al- the kind of change Americans want. pay the salary of someone whose job is ready have several programs focused on They want health care that is more af- to apply for more stimulus money. prevention and wellness. The HHS Fiscal year 2010 budget re- fordable and accessible, but that pre- The administration also predicted quest for prevention is $700 million. In serves the doctor-patient relationship that if we passed the stimulus, the un- the recent omnibus approps bill there and the quality of care they now enjoy. employment rate wouldn’t exceed 8 were $22 million worth of earmarks for And that is why Republicans are pro- percent. But just last week, the Presi- legislators’ pet projects for prevention posing reforms to make health care dent said that unemployment would and wellness, and $310.5 million worth less expensive and easier to obtain likely rise to 10 percent. of earmarks under the Health Re- without destroying what’s good about So when Democrats now predict that our system. Republicans want to resources and Services Administration. their health care plan will cut costs, Yet the health care bill proposed by form our medical liability laws to dis- Americans should be skeptical. And courage junk lawsuits and bring down the majority includes $80 billion new they have good reason to be, since spending on new prevention programs the cost of care; we want to encourage independent estimates show that every wellness and prevention programs that without even acknowledging the exist- health care proposal Democrats have ing programs or suggesting improve- have been successful in cutting costs; offered would only hurt the economy. we want to encourage competition in ments to them. In other words, Americans should also be skeptical wellness and fitness has become an- the private insurance market to make when it comes to Democrat promises other trough to put both feet in for care more affordable and accessible; that people will be able to keep their earmarks and pet projects of members. and we want to address the needs of current insurance. Just last week, the We already have $1.8 trillion in Fed- small businesses without creating new independent Congressional Budget Of- eral debt. Yet the majority keeps on taxes that kill jobs. But instead of em- fice said that just one section of the spending on new government programs bracing these commonsense ideas that HELP Bill will cause 10 million people that intervene in the markets and our Americans support, Democrats in Con- with employer-based insurance to lose personal lives. Where will it stop? gress are trying to rush through a the coverage they have. And that is The Center for Disease Control has health care bill that will not only lead even before we have seen a finished devised programs focused on weight to a government-run system, but will product. The bill is still missing sig- loss and obesity, smoking and tobacco, do so by spending trillions of dollars nificant sections, such as a government drinking and alcohol, injury and acci- and plunging our country deeper and plan that Democrats want, which could dent prevention. These programs re- deeper into debt. force millions more to lose their cur- ceive hundreds of millions of taxpayer Recently, the independent Congres- rent coverage. dollars each year. But the health re- sional Budget Office told us that just The stimulus showed that when poli- form bill being considered by the HELP one—just one—section of the bill being ticians in Washington say the sky is Committee adds billions more for pre- discussed in the HELP Committee going to fall unless Congress approves vention on top of these programs. would spend $1.3 trillion over a decade. trillions of dollars right away, we This reckless spending by the major- And Senator GREGG, the ranking mem- should be wary. Yet just a few months ity is irresponsible. The majority ber on the Budget Committee, esti- later, Americans are hearing the same should focus on whether the existing mates the HELP bill could end up thing from Democrats in the health programs achieve the stated objectives. spending more than $2 trillion—more care debate: rush and spend, rush and The Federal Government does nothing than $2 trillion on a bill that would not spend. Americans want health care re- to measure effectiveness of prevention even solve the entire problem. form, but they want the right health programs and has not a single metric The American people don’t want us care reform. They want us to take the for program performance. Before we to spend trillions of dollars we don’t time and care necessary to get it right. create a new Federal entitlement pro- have on a health care system they And that is why the Democrats’ rush gram costing billions, we should first don’t want. And yet that is exactly and spend strategy is exactly the measure the effectiveness of our cur- what Democrats plan to do, even wrong approach. rent programs. though they can’t explain to anyone I yield the floor. I can tell you what is working. Em- how they will pay for it. Despite the ployers all over the country are cre- staggering costs of the Democrat f ating innovative, voluntary programs health care plan, we’re being told we to promote healthier lifestyles and need to rush it through the Congress bring down costs. However, instead of for the sake of the economy. When Re- RESERVATION OF LEADER TIME removing hindrances to more employer publicans ask how Democrats are going The ACTING PRESIDENT pro tem- prevention and wellness programs, the to pay for it, or what impact it will pore. Under the previous order, the majority’s first instinct is to create an- have on our health care system and the leadership time is reserved. other government entitlement program

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15841 and set up roadblocks to employer in- I yield the floor. sion, I believe, will tell us a great deal novation. The ACTING PRESIDENT pro tem- about whether Judge Sotomayor’s phi- I would now like to take a moment pore. The Senator from Texas is recog- losophy in that regard, as far as the to put all of this in perspective. Today nized. Equal Protection Clause is concerned, is Tuesday, June 23, and another day f is within the judicial mainstream or has passed without the Senate having a well outside of it. SOTOMAYOR NOMINATION complete health care reform bill to The Ricci case is one way the Amer- consider. We don’t yet know what the Mr. CORNYN. I would like to use the ican people can get a window into majority will propose for their so next 10 minutes or so to address the Judge Sotomayor’s judicial philosophy. called ‘‘government plan’’ or how it nomination of Judge Sonia Sotomayor Another way is to look at some of her will be paid for. What we do know is to be the next Associate Justice of the public comments, including speeches that a Congressional Budget Office pre- U.S. Supreme Court. I spoke last week made on the duty and responsibility of liminary estimate believes that the in- a little bit on this nomination and the judging. complete bill will cost over $1 trillion constitutional responsibility of the The remarks that have drawn the but cover only one-third of those cur- Senate to conduct a fair and, I believe, most attention are those in which she rent uninsured. So I dread the Congres- dignified hearing that will be held, said: sional Budget Office cost estimate of a now, on July 13, just a couple of short I would hope that a wise Latina woman complete bill. Some fear that the final weeks from now. As I said then, and I with the richness of her experiences would price tag for covering all Americans will say it again, she deserves the op- more often than not reach a better conclu- Auld cost taxpayers as much as $3 tril- portunity to explain her judicial phi- sion than a white male who hasn’t lived that lion. losophy more clearly and to put her life. We have a real problem here. Every opinions and statements in proper con- As I said before, and I will say it day that goes by without the key ele- text. I think every nominee deserves again, there is no problem—certainly ments of the majority’s bill being that. But I don’t think it is appropriate from me, and I do not believe any Sen- available for consideration leads to an- for anyone—this Senator or any Sen- ator—if she is just showing what I other day where millions of Americans ator—to prejudge or to preconfirm think is understandable pride in her will become uninsured. This is an abso- Judge Sotomayor or any judicial nomi- heritage, as we all should as a nation of lute disservice to our constituents and nee. immigrants. But if the judge is talking an embarrassment. This is an important process, as I about her judicial philosophy and sug- The President of the United States said, mandated by the same clause of gesting that some people, some judges, and the majority continue to allege the Constitution that confers upon the because of their race, because of their that we will enact health care reform President the right to make a nomina- ethnicity, because of their sex, actu- before we leave for the August recess. tion, and it is the duty of the Senate to ally make better decisions on legal dis- We are now approaching the July re- perform something called advice and putes, then that is something Senators cess. We do not have an estimate or the consent, a constitutional duty of ours. will certainly want to hear more about, language, much less the estimate, of It should be undertaken in a respon- this Senator included. two vital, important parts of any sible, substantive, and serious way. Judge Sotomayor has made other health care reform legislation: what Last Thursday I raised three issues I public remarks that deserve more scru- will be the role of the employer and will reiterate briefly with regard to tiny than they have received so far. what will be the government mandate Judge Sotomayor’s record. I would like For example, in a speech in 2002, Judge or the government role, and, finally, to hear more from her on the scope of Sotomayor embraced the remarks of how much all this will cost the tax- the second amendment to the Constitu- Judith Resnick and Martha Minow, payers. tion and whether Americans can count who are two prominent law professors So we are talking about one-fifth of on her to uphold one of the funda- who have each proposed theories about the gross domestic product of this Na- mental liberties enshrined in the Bill judging that are far different than the tion, and we are expected, in a few of Rights: the right to keep and bear way most Americans think about these short weeks, to enact overall health arms. I would also like to hear more issues. Most Americans think the peo- care reform with still the Members on from Judge Sotomayor on the scope of ple elect their representatives, Mem- this side of the aisle not being in- the fifth amendment and whether the bers of the House and Senate, to write formed as to what the plan is, much government can take private property the laws, and the judges, rather than less have a serious debate. There are from one person and give it to another rewriting those laws, should interpret meetings of the committees going on person based on some elastic definition those laws in a fair and commonsense and discussion and nice things said of public use. And, I want to hear more way, without imposing their own views about each other. I always enjoy that. from her on her thoughts on the equal on what But the fact is, we have not gotten protection clause of the 14th amend- The law should be. down to the fundamental challenges of ment of the Constitution, which reads Most Americans think that when health care reform in America. in part: judges impose their own views on a The days are growing shorter and the No State shall . . . deny to any person case, when they substitute their own time is growing short. We cannot enact within its jurisdiction the equal protection political preferences for those of the health care reform and fail. We cannot of the laws. people and their elected representa- do that. The sooner the better that we Obviously, the third issue is going to tives, then they undermine Democratic get the full perspective of what is the be very much in the news, probably self-government and they become judi- proposal of the administration and the again as soon as next Monday, when cial activists. other side and how much it costs and the Supreme Court hands down its de- Professors Resnick and Minow have what the fundamental issues are that cision in the Ricci v. DiStefano case, a very different ideas than I think the are being addressed—such as employer case in which Judge Sotomayor par- mainstream American thinks on what mandates and government mandates. ticipated on the panel before her court a judge’s job should be. Their views They are certainly not clear not only of appeals. That case, as you may re- may not be controversial in the ivory to us but to the American people. call, involves firefighters who took a tower of academia. Academics often We have to communicate to the competitive, race-neutral examination encourage each other to engage in pro- American people how we are going to for promotion to lieutenant or captain vocative theories so they can write fix health care. We can’t do that unless at the New Haven Fire Department. about them and get published and get we have a complete plan to consider The bottom line is, the Supreme tenure. and present to them, as well as to Court could decide the Ricci case in a But the American people generally Members on this side of the aisle. matter of days, and the Court’s deci- do not want judges to experiment with

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15842 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 new legal theories when it comes to it. 16 Senators there attending this there. But $1.2 billion in the State of judging. They have a more common- morning’s breakfast. The Presiding Of- Tennessee equals to about a 10-percent sense view that judges should follow ficer is often a participant in those income tax on what the people of Ten- the law and not the other way around. meetings. At this morning’s breakfast nessee would bring in. We do not have So where does Judge Sotomayor we discussed health care. As we lis- an income tax. So that would be a new stand on some of these academic legal tened to the chairman, ranking mem- 10-percent income tax. theories, which I think are far out of ber, and other senior members of the So one of my goals in the health care the mainstream of American thought? Finance Committee one of the things debate is to make sure we do not get I am not sure. But in her 2002 remarks we said is that we agree on about 80 carried away up here with good-sound- she said this: percent of what needs to be done. ing ideas and impose huge, unfunded I accept the proposition that as [Professor] But one of the areas where we do not mandates on the States, which, accord- Resnick describes it, ‘‘to judge is an exercise agree is cost. Another area is whether ing to the tenth amendment to the of power.’’ a so-called government-run insurance Constitution, we are not supposed to. And: option will lead to a Washington take- But we superimpose our judgment upon as . . . Professor Minow . . . states ‘‘there over of health care. A lot of us are feel- the Governors, the legislators, the is no objective stance but only a series of ing like we have had about enough mayors, the local politicians who are perspectives—no neutrality, no escape from Washington takeovers: our banks, our making decisions about whether to choice in judging.’’ insurance companies, our student spend money to lower tuition or im- If I understand her quotes correctly, loans, our car companies, even our prove the quality of the community and those are some things I want to farm ponds, and now health care. college or provide this form of health ask her about during the hearing, that Government-run insurance is not the care or build this road or bridge. That is not the kind of thing I think most best way to extend coverage to low-in- is their decision. And if we want to re- Americans would agree with. They do come Americans who need it. The quire something, we should pay for it not want judges who believe that there chairman of the Finance Committee from here. is no such thing as neutrality in judg- indicated that his bill would be paid I am going to be very alert on behalf ing because neutrality is an essential for. But on the Health, Education, of the States and the citizens of the component of fairness. If you know you Labor, and Pensions Committee, on States to any proposal that would shift are going to walk into a courtroom which I serve, that is not the case. The unfunded mandates on State and local bill is not even finished yet, and al- only to have a judge predisposed to de- governments. I hope my colleagues will ready, as the Senator from New Hamp- ciding against you because of some as well. shire has pointed out, in the 5th legal theory, then that is not a fair My suggestion to every Governor in through the 14th year, 10 years, it hearing. And we want our judges to be this country is, over the next few days, would cost 2.3 trillion new dollars, rais- neutral and as fair as possible when de- to call in your Medicaid director, ask ing the Federal debt to even further ciding legal disputes. that Medicaid director to call the Sen- unimaginable levels. ate and say: Tell us exactly how much The American people, I do not think, Let me mention an aspect of cost the Kennedy bill and the Finance Com- want judges who believe they have which is often overlooked. Federal debt mittee bill will impose in new costs on been endowed with some power to im- is certainly a problem, but as a former our State if the costs are shifted to the pose their views for what is otherwise Governor, I care about the State debt States. Then when we come back at the the law. Americans believe in the sepa- and State taxes. The States do not first of July, we can know about that ration of powers, the separation be- have printing presses, they have to bal- tween Executive, legislative and judi- ance their budgets. So when we do cost. The ACTING PRESIDENT pro tem- cial power and that judges should, by something up here that puts a cost on pore. The Senator has used 5 minutes. definition, show self-restraint and re- States down there, they have to raise Mr. ALEXANDER. I thank the Chair spect for our branches of government. taxes or cut programs. I hope Judge Sotomayor will address We know the programs they have to very much. So my interest is not just these academic legal theories during cut: education, and health care pro- in additions to the Federal debt but her confirmation hearing. I hope she grams, both are important to people in not allowing unfunded mandates to the will clarify what she sees in the Illinois and people in Tennessee. States. writings of Professors Resnick, Minow, The Medicaid Program in the Ken- I ask unanimous consent to have and others whom she finds so admi- nedy bill that we are considering would printed in the RECORD an article from rable. increase Medicaid to 150 percent of the the New York Times from June 22, 2009, I hope she will demonstrate that she Federal poverty level, which sounds showing what condition the States are will respect the Constitution more real good until you take a look at the in. Almost all are in a budget crisis and than those new-fangled legal theories cost. not in any position to accept this. and that she will respect the will of the In Tennessee alone, if the State had I also would like to thank the Sen- people as represented by the laws to pay its share of the requirement, ator from Arizona for allowing me to passed by their elected representatives about one-third, that would be $600 go ahead of him so I can go to the com- and not by life-tenured Federal judges million. It would be another $600 mil- mittee and offer an amendment. who are not accountable to the people. lion if, as has been suggested, it is re- There being no objection, the mate- I yield the floor. quired that the State reimburse physi- rial was ordered to be printed in the The ACTING PRESIDENT pro tem- cians up to 110 percent of Medicare. So RECORD, as follows: pore. The Senator from Tennessee. that is $1.2 billion of new costs just for [From the New York Times, June 22, 2009] Mr. ALEXANDER. Mr. President, the State of Tennessee. STATES TURNING TO LAST RESORTS IN BUDGET will the Chair please let me know when The discussion has been that the Fed- CRISIS I have consumed 5 minutes. eral Government will take that over (By Abby Goodnough) The ACTING PRESIDENT pro tem- for a few years and then will shift that In Hawaii, state employees are bracing for pore. The Senator will be so notified. back to the States. Well, my response furloughs of three days a month over the next two years, the equivalent of a 14 per- f is that every Senator who votes for such a thing ought to be sentenced to cent pay cut. In Idaho, lawmakers reduced HEALTH CARE go home and serve as Governor of his aid to public schools for the first time in re- Mr. ALEXANDER. Mr. President, cent memory, forcing pay cuts for teachers. or her State for 8 years and figure out And in California, where a $24 billion def- this morning one of our bipartisan how to pay for it or manage a program icit for the coming fiscal year is the nation’s breakfasts occurred which we have like that. worst, Gov. Arnold Schwarzenegger has pro- here every so often. Senator LIEBER- In our State, we talk about money. posed releasing thousands of prisoners early MAN and I and other Senators organized Up here, a trillion here, a trillion and closing more than 200 state parks.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15843 Meanwhile, Maine is adding a tax on a tax amnesty program had brought in an see the depth of that,’’ Ms. Urahn said. ‘‘So candy, Wisconsin on oil companies, and Ken- unexpected $400 million—a windfall that you will see, for the next couple years at tucky on alcohol and cellphone ring tones. caused lawmakers to reconsider some of the least, states really struggling with this.’’ With state revenues in a free fall and the deeper cuts in a $28.6 billion budget they The ACTING PRESIDENT pro tem- economy choked by the worst recession in 60 were set to approve in advance of the July 1 pore. The Senator from Arizona is rec- years, governors and legislatures are approv- deadline.) ing program cuts, layoffs and, to a smaller As a result, governors have recommended ognized. degree, tax increases that were previously increasing taxes and fees by some $24 billion f unthinkable. for the coming fiscal year, the survey found. HEALTH CARE All but four states must have new budgets This is on top of more than $726 million they in place less than two weeks from now—by sought in new revenues this year. Mr. KYL. I wish to commend the July 1, the start of their fiscal year. But The proposals include increases in personal Senator from Tennessee because he has most are already predicting shortfalls as tax income tax rates—Gov. Edward G. Rendell of been a leader in pointing out the prob- collections shrink, unemployment rises and Pennsylvania has proposed raising the lems that these new health care ex- state’s income tax by more than 16 percent, the stock market remains in turmoil. penditures would impose upon our ‘‘These are some of the worst numbers we to 3.57 percent from 3.07 percent, for three have ever seen,’’ said Scott D. Pattison, ex- years—and tax increases on myriad con- States. It is important to have the ecutive director of the National Association sumer goods. Governors of the States and the State of State Budget Officers, adding that the fed- ‘‘They have done a fair amount of cutting legislators to begin to let Washington eral stimulus money that began flowing this and will probably do some more,’’ said Ray know what they think about these new spring was the only thing preventing wide- Scheppach, executive director of the gov- costs that they are somehow going to spread paralysis, particularly in the areas of ernors association. ‘‘But as they look out have to bear. education and health care. ‘‘If we didn’t have over the next two or three years, they are Let me begin at the outset here, on those funds, I think we’d have an incredible also aware that when this federal money stops coming, there is going to be a cliff out the same subject, to make it clear that number of states just really unsure of how Republicans are very eager for serious they were going to get a new budget out.’’ there.’’ The states where the fiscal year does not Raising revenues is the surest way to en- health care reform, just as I think the end June 30 are Alabama, Michigan, New sure financial stability after the stimulus American people are. York and Texas. money disappears, Mr. Scheppach added, say- That is why we support new ideas Even with the stimulus funds, political ing, ‘‘You’re better off to take all the heat at that would actually cut health care leaders in at least 19 states are still strug- once and do it in one package that gets you costs and make all health care more af- through the next two, three or four years.’’ gling to negotiate budgets, which has incited fordable and accessible. Republicans more than the usual drama and spite. Gov- While state general fund spending typically increases by about 6 percent a year, it want to reform our medical liability ernors and legislators of the same party are laws to curb frivolous lawsuits. We finding themselves at bitter odds: in Arizona, is expected to decline by 2.2 percent for this Gov. Jan Brewer, a Republican, sued the Re- fiscal year, Mr. Pattison said. The last year- want to strengthen and expand publican-controlled Legislature earlier this to-year decline was in 1983, he said, on the wellness programs that encourage peo- month after it refused to send her its budget heels of a national banking crisis. ple to make healthy choices about The starkest crisis is playing out in Cali- plan in hopes that she would run out of time smoking, diet, and exercising. All those fornia, where lawmakers are scrambling to to veto it. close the $24 billion gap after voters rejected have huge impacts on the cost of In Illinois, the Democratic-led legislature ballot measures last month that would have health care. is fighting a plan by Gov. Patrick J. Quinn, increased taxes, borrowed money and re- We also wish to address the needs of also a Democrat, to balance the new budget apportioned state funds. the unemployed, those who work for or by raising income taxes. And in Massachu- Democratic legislative leaders last week own a small business, those with pre- setts, Gov. Deval Patrick, a Democrat, has offered alternatives to Mr. Schwarzenegger’s threatened to veto a 25 percent increase in existing conditions, all of these we can recommended cuts, including levying a 9.9 address. And this can and must be done the state sales tax that Democratic legisla- percent tax on oil extracted in the state and tive leaders say is crucial to help close a $1.5 increasing the cigarette tax to $2.37 a pack, without imposing job-killing taxes and billion deficit in the new fiscal year. from 87 cents. But Mr. Schwarzenegger has regulations. In short, we favor innova- ‘‘Legislators have never dealt with a reces- vowed to veto any budget that includes new tion, not just regulation. sion as precipitous and rapid as this one,’’ taxes, setting the stage for an ugly battle as Our Democratic friends would like to said Susan K. Urahn, managing director of the clock ticks toward the deadline. take a different route. Many of them the Pew Center on the States. ‘‘They’re faced ‘‘We still don’t know how bad it will be,’’ would like to impose a one-size-fits-all with some of the toughest decisions legisla- Ms. Urahn said. ‘‘The story is yet to be told, tors ever have to make, for both political Washington-run bureaucracy that we because in the next couple of weeks we will believe, ultimately, would lead to the and economic reasons, so it’s not surprising see some of the states with the biggest gaps that the environment has become very have to wrestle this thing to the ground and kind of delay and denial of care we tense.’’ make the tough decisions they’ve all been have heard about in Canada and Great In all, states will face a $121 billion budget dreading.’’ Britain. I have spoken at length about gap in the coming fiscal year, according to a In one preview, Gov. Tim Pawlenty of Min- the trouble with health care rationing, recent report by the National Conference of nesota, a Republican, said last week that he so today I would like to talk about the State Legislatures, compared with $102.4 bil- would unilaterally cut a total of $2.7 billion lion for this fiscal year. cost of a new Washington-run health from nearly all government agencies and care system. The recession has also proved politically programs that get money from the state, damaging for a number of governors, not after he and Democratic legislative leaders The administration often argues that least Jon Corzine of New Jersey, whose Re- failed to agree on how to balance the budget. we need Washington-run health care to publican opponent in this year’s race for gov- In an example of the countless small but help the economy. Well, ‘‘Washington ernor has tried to make inroads by blaming painful cuts taking place, Illinois announced bureaucracy’’ and ‘‘economic growth’’ the state’s economic woes on him. Mr. last week that it would temporarily stop are not phrases that tend to have a Schwarzenegger, who sailed into office on a paying about $15 million a year for about positive correlation. Is it realistic to wave of popularity in 2003, will leave in 10,000 funerals for the poor. Oklahoma is cut- 2011—barred by term limits from running think that adding millions of people to ting back hours at museums and historical a new government-run health insur- again—under the cloud of the nation’s worst sites, Washington is laying off thousands of budget crisis. And the bleak economy has teachers, and New Hampshire wants to sell ance system will somehow save money played a major role in the waning popularity 27 state parks. or help the economy? of Gov. David A. Paterson of New York. Nor will the pain end this year, Ms. Urahn As the Wall Street Journal recently Over all, personal income tax collections said, even if the recession ends, as some editorialized about the so-called plan: are down by about 6.6 percent compared with economists have predicted. Unemployment In that kind of world, costs will climb even last year, according to a survey by Mr. Pat- could keep climbing through 2010, she said, higher as far more people use ‘‘free’’ care and tison’s group and the National Governors As- continuing to hurt tax collections and in- federal spending will reach epic levels. sociation. Sales tax collections are down by creasing the demand for Medicaid, one of 3.2 percent, the survey found, and corporate states’ most burdensome expenses. One wag quipped: ‘‘If you think income tax revenues by 15.2 percent. (Al- ‘‘Stress on the Medicaid system tends to health care is expensive now, just wait though New Jersey announced last week that come later in a recession, and we have yet to until it is free.’’

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15844 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 In fact, the first estimate from the negatively impacted as a result of the of the day they can have the quality nonpartisan Congressional Budget Of- so-called ‘‘reform’’ that is being pro- health care every single person wants fice shows that just a portion of the posed. That same survey, which was an for themselves and their family. Democratic plan, covering only one- NBC New York Times survey, also They asked the American people third of the uninsured, will cost over $1 showed that while 85 percent of Ameri- which party they trusted to deal with trillion—$1 trillion to cover 16 million cans want serious reform, only 28 per- health care reform, and 18 percent said more people. cent are confident that a new health they trusted the party on the other That is just for one part of the pro- care entitlement will improve the side of the aisle—the Republicans, posed plan. That works out to about economy. So as the President is trying while 57 percent trusted the Demo- over $66,000 per person. to sell this on the basis that we need it cratic majority. Even one out of every The administration said last weak it for the economy, only 28 percent of four Republicans said that the Demo- wants to rework the plan to bring the Americans believe that is the case. crats would do a better job in creating cost down below $1 trillion. Well, that Frankly, I share their skepticism. It is a better health care system. will help. They have not provided a going to hurt, not help. People on this side of the aisle want specific number. But what I would like We need to reform health care right. a bill that works with the current system and fixes what is broken. We not to know is: Do they consider anything I think there is much more virtue in only want to respond to the 85 percent below $1 trillion acceptable—$999 bil- doing it correctly over doing it quick- of people who want change, we are lis- lion, $800 billion? What is acceptable ly. President Obama promised change, tening to 77 percent of the people who here? Is it trying to get it down below but there is nothing new about dra- say they are satisfied at this moment $1 trillion so the sticker shock is not matically increasing government with the quality of their own care. So quite so great? spending and adding even more to our the starting point is if you have health The American people are very wor- national debt. I hope some of my insurance you like and it is good for ried about our increasing national friends on the Democratic side, as well your family, you can keep it. We are debt. This only makes the problem as Republicans, can agree that when it not going to change that. It is a tricky worse, not better. comes to health care reform, we should balance but one we have to address: As the Republican leader mentioned embrace real changes that support how to preserve what is good but fix in his radio address Saturday, the medical innovation and put patients what is broken. President used this same economic ar- first. That is the answer. That is what One of the foundations is the so- gument to sell the $1.3 trillion stim- the American people want. called public option. A lot of people ulus package: ‘‘We have to move quick- Mr. President, I note the absence of a don’t know what that means, but it ba- ly to pass new government spending to quorum. sically says there should be an option help the economy.’’ Four months later, The ACTING PRESIDENT pro tem- to private health insurance companies unemployment has risen to 9.4 percent, pore. The clerk will call the roll. that is basically public in nature. We much higher than the 8-percent peak The legislative clerk proceeded to have a lot of public health now in the administration said it would be if call the roll. America. Medicare is the obvious ex- we quickly passed the stimulus legisla- Mr. DURBIN. Mr. President, I ask ample. Forty million people count on tion. Now the administration is asking unanimous consent that the order for Medicare to provide affordable, quality for billions more for a Washington-run the quorum call be rescinded. care in their elderly years and during health care plan. The ACTING PRESIDENT pro tem- their disabilities. The Medicaid Pro- As the New York Times noted last pore. Without objection, it is so or- gram is another one for the poor people Friday, while the Democrats’ bill out- dered. in our society. We have veterans health lines massive amounts of new spending, Mr. DURBIN. Mr. President, I ask care. There are ways that we involve it does not explain how it intends to unanimous consent to speak as in the government in health care that pay for it. That is an important detail. morning business. have been proven to be successful—not Congress would either have to run up The ACTING PRESIDENT pro tem- just for years but for decades. more debt on top of the historic debt pore. Without objection, it is so or- Many folks on the other side of the already produced by the President’s dered. aisle come to the floor warning us budget and the stimulus bill, or it will f about government involvement in have to raise taxes. That is one area in HEALTH CARE health care. I have not heard a single which our colleagues on the other side one of them call for the end of Medi- of the aisle have actually offered a lot Mr. DURBIN. Mr. President, the Sen- care or the end of veterans’ care, not a of new ideas: Taxes on beer, soda, juice, ate is considering many issues now of one of them. We asked the American and snack food, along with new limits great importance, but none more im- people: What do you think about a gov- on charitable contributions have all portant to the American people than ernment health care plan as an op- been proposed. But actually, they are a the future of health care in this great tion—a choice—for you so that you can drop in the bucket relative to the Nation. choose from the well-known names in amount of new taxes that would be re- This weekend, a new poll was re- health insurance, private companies, quired to fund their plan. leased by the New York Times and but then you also have one other I would like to know: When will we CBS. Eighty-five percent of the people choice; you can pick the public plan, draw the line and try something other surveyed said the health care systems the public interest plan, the govern- than new taxes and massive new gov- in America need fundamental change ment plan. This poll taken by the New ernment spending to solve the prob- or to be completely rebuilt—85 percent. York Times and CBS found that there lem? So people sense all across this country was broad bipartisan backing for a pub- Americans want health care reform, that though we have great hospitals lic option. Half of those who call them- but most of them don’t want to be sad- and doctors, there is something fun- selves Republican say they would sup- dled with mountains of new debt. As a damentally flawed with our system, port a public plan, along with nearly June 21 New York Times article re- and we can understand why. We are three-quarters of Independents. This ported, a new survey shows—and I am spending more money than any other chart here shows the question: Would quoting—‘‘considerable unease about country on Earth and we are not get- you favor or oppose the government of- the impact of heightened government ting the medical results we want; and fering everyone a government-adminis- involvement on both the economy and there is real uncertainty that average tered health insurance plan such as the quality of respondents’ own care.’’ people won’t be able to keep up with Medicare that would compete with pri- The American people are very wor- the costs of health insurance, the bat- vate health insurance plans? All re- ried that their own care, which they tles with health insurance companies spondents—72 percent—said they fa- are generally satisfied with, will be over coverage, and whether at the end vored it. Only 20 percent were opposed.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15845 So three to one favor the idea of a pub- be faced with even worse cir- making a fortune on the current health lic health care plan. Fifty percent of cumstances. So we went forward. We care system. They see their profit- Republicans do, 87 percent of Demo- would not allow the Republican ap- ability at risk if there is health care crats, and 73 percent of Independents. proach when it came to recovery and reform. Then we asked the harder question: reinvestment in the American econ- It is no wonder that you hear Dr. Are you willing to pay more or higher omy. Frank come up with proposals for the taxes so that all Americans can have We see the strategy now repeatedly Republican side of the aisle, which are health insurance that they can’t lose from the Republican side of the aisle. then repeated here on the floor of the no matter what happens? Look at this It seems to be their approach to gov- Senate. On page 15 of his marching or- number: Fifty-seven percent of all who erning or not governing. They want to ders, Frank Luntz wrote: responded said they are willing to pay deny requests on the floor to move to It is essential that ‘‘deny’’ and ‘‘denial’’ higher taxes if it means that everybody legislation. Last night was the most re- enter the conservative lexicon immediately. has peace of mind that health insur- cent. Here is a bill which nobody ar- On page 24, he said: ance would be there. Those making less gues against to increase tourism in the Of the roughly 30 distinct messages we than $50,000, 64 percent of those folks United States, bring in more foreign tested, nothing turns people against what support it, and those with incomes over visitors who will spend more money, Democrats are trying to do more imme- $50,000, 52 percent supported it as well. who will help hotels and restaurants diately than the specter of having to wait. Many of the people coming to the and airlines and businesses, large and On page 23 of the memo of Dr. Frank floor on the other side of the aisle small. Eleven Republicans cosponsored Luntz, he wrote: don’t agree with the vast majority of it. Last night we said, OK, let’s pass it. Americans when it comes to this issue. The word ‘‘rationing’’ does induce the neg- Let’s get it done. Let’s move on. This ative response you want. . . . I commend my colleagues on the other is the type of thing that is good, but it side of the aisle for at least coming to shouldn’t take all of this time to do. He says that to his Republican fol- engage us in this debate, but we do see Only 2 of the 11 Republicans who co- lowers. things a lot differently. We have heard sponsored the tourism bill were willing . . . ‘‘rationing’’ tests very well against the a lot of Republicans coming to the to vote for it last night. They wanted other health care buzzwords that frighten Americans. floor discussing health care. Many of to delay this again. They want us to them have been critical of change. end up this week accomplishing little That last phrase caught my atten- Maybe it has been made clear to a ma- or nothing. At the end of the week, if tion, because more and more of what jority of the American people that they get us to do nothing, they con- we hear from the other side of the aisle those who are waiting on Congress to sider it a successful week. I don’t see in criticizing President Obama’s agen- act may see some on the other side of how it can be. This bill we are talking da is fear—be afraid, very afraid, be the aisle reluctant and slow, while about on tourism is designed to help afraid of change. those on our side of the aisle are trying create jobs in this country—something The American people weren’t afraid to follow President Obama to a solu- we desperately need. of change last November; they voted tion. Regardless of the reason, it seems Health care is a serious issue which for it. They asked for change in the that most of the Republicans’ approach we need to move on and not delay. White House. I think they said it over- to this can be summarized in three Democrats believe the role of the Fed- whelmingly. We have seen change. words: deny, delay, and ration. That is eral Government is to keep the best in- What we hear from the Republican side what we have heard from the Repub- terests of the American people in mind. is to be afraid of change. That is their licans on health care reform. Half of those questioned in the New mantra, whether it is a question of The Republican leader started it 2 York Times-CBS poll said they thought changing the economy as it was under weeks ago. We heard it from him again the government would be better at pro- the Bush administration, changing last week, and no doubt we will hear it viding medical coverage than private health care as it has been for years, from him again this week, as well as insurers. Incidentally, that number is changing education so that we get bet- from the Republican whip. Perhaps up from 30 percent a couple of years ter results, the Republicans say be they think if they keep drilling home ago. Nearly 60 percent said Washington afraid of this, be frightened. these three words—deny, delay, and ra- would have more success in holding I think that is, unfortunately, their tion—that people will lose their appe- down the costs, up from 47 percent. motto. They have used it time and tite for change in our health care sys- The American people know the gov- again. I don’t think it is what Ameri- tem. ernment doesn’t want to deny people cans feel. We are a hopeful nation, not When our economy was in a deep health care, delay their services, or ra- a fearful nation. We want to be careful freeze earlier this year with the reces- tion, but it is no surprise the Repub- but not afraid. We want to make the sion that President Obama inherited, lican leaders still use these words. right decisions and make them on a co- he called on us to enact landmark leg- That is their playbook. It is a playbook operative basis and bring everybody in islation to try to get this economy that was written by a pollster, an ad- a room and try to come up with a rea- moving forward. It was an effort that viser and counselor whom I know— sonable answer. But we should not be was resisted by the other side of the Frank Luntz. Mr. Luntz has been afraid to tackle these things and not aisle. We ended up with three Repub- around a long time. He is the guru, the frightened by the prospect that it licans at the time who supported us, go-to guy, the great thinker on the Re- might be hard work. As the President even though the President asked them publican side of the aisle. He calls him- said about health care reform, if it personally to be engaged, to be in- self in his own publications Dr. Frank were easy, it would have been done a volved, and to help us solve this prob- Luntz. Well, it looks as though when it long time ago. That is something we lem. But they denied that the problem comes to strategy on health care re- all need to look at and understand. was as great as it was. They wanted to form, the Republicans are more focused I can tell you that Democrats recog- delay consideration of the legislation, on Dr. Frank than they are on the re- nize the status quo, the way we have drag it out as long as possible, and alities that doctors and patients face in been doing things forever, isn’t work- then they wanted to limit, or ration, America every single day. Dr. Frank ing for millions of Americans when it the dollars we put into recovery. They give them a 28-page memo on how to comes to health care. The idea of hav- thought the economy would get well stop health care reform before we had ing the public insurance plan option is all by itself. If we had given in to their even put a bill on the table. a course to make sure that we keep the view, I am afraid unemployment fig- There are those who want to stop private profitable health insurance ures today would be even higher, eco- health care reform before they know companies honest, and see that they nomic output anemic, and many of our what is in it. Do you know who they have some competition; otherwise, we States facing bankruptcy today would are? They are the people who are today are stuck with the current system,

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15846 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 where they can make a blanket deci- profit last year, while the bottom fell bit of it so we can move on to some- sion that people with preexisting con- out for virtually every other company, thing else is, unfortunately, a recipe ditions have no coverage or they can short of the oil industry, across the for disaster. It is one the American decide what your doctor thinks is the board. people don’t deserve and one we should best procedure is something they won’t The goal with the Democratic health avoid. pay for. reform bill is to create health care that I yield the floor, and I suggest the ab- American families deserve health in- values patients over profits and quality sence of a quorum. surance that does not force families to more than bottom line take-home pay The PRESIDING OFFICER (Mrs. face limitless out-of-pocket expenses. and bonuses. GILLIBRAND). The clerk will call the Americans want real health insurance Republicans want to preserve a bro- roll. reform. This public option is going to ken system, one with escalating costs The assistant legislative clerk pro- promote that kind of choice. and no guarantee the policy will be ceeded to call the roll. My colleagues on the other side of there when you need it. Rather than Mr. UDALL of Colorado. Madam the aisle continue to assault this idea help insurance companies, Democrats President, I ask unanimous consent of public insurance, insisting it is too want to put American families first that the order for the quorum call be much government. The minority leader and help those struggling with high rescinded. on the Republican side said Americans health care costs. The PRESIDING OFFICER. Without don’t deserve a health care system that This is a moment of truth for us in objection, it is so ordered. forces them into government bureauc- this Congress. This isn’t an easy issue. (The remarks of Mr. UDALL of Colo- racy that delays or denies their care Right now, the Finance Committee and rado pertaining to the introduction of and forces them to navigate a web of HELP Committee are working hard to S. 1321 are located in today’s RECORD complex rules and regulations. Of put together health care reform. With- under ‘‘Statements on Introduced Bills course they don’t. out it, things are going to get progres- and Joint Resolutions.’’) Raising that fear, as suggested by Dr. sively worse. The cost of health care Mr. UDALL of Colorado. I yield the Frank Luntz, the Republican strate- will continue to rise to unsupportable floor and suggest the absence of a gist, is what they want to do—plant levels. Even if individuals have a good quorum. the seeds in the minds of people that health insurance plan today, it may The PRESIDING OFFICER. The any change will be bad. I don’t think cost too much tomorrow. Even if they clerk will call the roll. the American people feel that way. If think their health insurance covers The assistant legislative clerk pro- you want to see a bureaucracy, try get- them well today, they may be denied ceeded to call the roll. ting through a call to your health in- coverage tomorrow. Businesses that Mr. MCCONNELL. Madam President, surance company after you get the let- want to keep insuring their employees I ask unanimous consent that the order ter that says they won’t cover the worry over whether they can be com- for the quorum call be rescinded. $1,500 charge for the procedure your petitive and still pay high health insur- The PRESIDING OFFICER. Without doctor ordered. Talk to someone who ance premiums. Individuals worry objection, it is so ordered. can no longer get health insurance be- about this as well. Mr. MCCONNELL. Madam President, cause of an illness they had years ago, The last point I want to make is that I ask unanimous consent that Senator a preexisting condition, or because I think the President is right to say to SESSIONS and I be granted 20 minutes. they are too old in the eyes of health us that we have to get this job done. I The PRESIDING OFFICER. Without insurance companies. Ask them how say to my friends on the other side of objection, it is so ordered. streamlined or efficient conversations the aisle: Don’t deny the obvious. f are with insurance companies today. Don’t come to the floor and deny the If you want to see a bureaucracy, need for health care reform. It is real. SOTOMAYOR NOMINATION talk to a small businessman in Spring- We need it in this country, and 85 per- Mr. MCCONNELL. Madam President, field, a friend of mine, who had to jump cent of the American people know it. this morning I would like to turn my through a series of hoops to find a way The Republican leadership should come attention to the nomination of Judge to continue health care coverage for to know it in the Senate. Sonia Sotomayor to the Supreme his employees and keep his business Second, don’t dream up ways to delay Court and more specifically to the so- going. Plain and simple, health insur- this important deliberation. That isn’t called empathy standard that Presi- ance today is a bureaucracy. It is one serving our country well. If justice de- dent Obama employed in selecting her most people know firsthand. Americans layed is justice denied, the same is true for the highest Court in the land. and small business owners face it every regarding health care reform. Delaying The President has said repeatedly day. this into another Congress and another that his criterion for Federal judges is We need to move to a new idea, an year doesn’t solve the problem. It their ability to empathize with specific idea not based on the health insurance makes it worse. We need to face it groups. He said it as a Senator, as a companies’ model. Frankly, they are today, and we need a handful of Repub- candidate for President, and again as the ones who are profiting. licans who will step away from the Re- President. I think we can take the Last year was a bad year for most publican leadership and say they are President at his word about wanting a American businesses. According to willing to talk, that if this is a good- judge who exhibits this trait on the CNN and Fortune Magazine, only 24 faith negotiation to find a reasonable bench. Based on a review of Judge Fortune 500 companies’ stocks gen- compromise, they are willing to do it. Sotomayor’s record, it is becoming erated a positive return last year. It has happened in the past—even a few clear to many that this is a trait he Among those that didn’t have that months ago; it can happen again. It has found in this particular nominee. were GM, United Airlines, Time-War- will take real leadership on their side. Judge Sotomayor’s writings offer a ner, Ford, CBS, and Macy’s. All these The President said his door is open. window into what she believes having companies lost billions in what finan- The same thing is true on the Demo- empathy for certain groups means cial analysts tell us was the fortune cratic side. The door is open for those when it comes to judging, and I believe 500’s ‘‘worst year ever.’’ who want to, in good faith, try to solve once Americans come to appreciate the There were two sectors of the econ- the biggest domestic challenge we have real-world consequences of this view, omy that did well—the oil industry and ever faced in the Senate. We have that they will find the empathy standard the health insurance industry. The top chance to do it. We honestly can do it extremely troubling as a criterion for four health insurance companies in if we work in good faith. selecting men and women for the Fed- America—UnitedHealth Group, But denying the problem, delaying eral bench. WellPoint, Aetna, and Humana—made efforts to get to the problem, and de- A review of Judge Sotomayor’s more than $7.5 billion in combined ciding we are only going to do a tiny writings and rulings illustrates the

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15847 point. Judge Sotomayor’s 2002 article Some of these White officers turned those groups? What if you are Frank in the Berkeley La Raza Law Journal around and sued the city. They alleged Ricci? has received a good deal of attention that even though they performed well This is not a partisan issue. It is not already for her troubling assertion that on the exam, the city discriminated just conservatives or Republicans who her gender and ethnicity would enable against them based on race under the have criticized Judge Sotomayor’s han- her to reach a better result than a man settlement agreement and refused to dling of the Ricci case. Self-described of different ethnicity. Her advocates promote them because of quotas. Their Democrats and political independents say her assertion was inartful, that it case reached the Supreme Court with have done so as well. was taken out of context. We have the High Court splitting 4 to 4, which President Clinton’s appointee to the since learned, however, that she has re- allowed the settlement to stand. Second Circuit and Judge Sotomayor’s peatedly made this or similar asser- More recently, another group of pub- colleague, Jose Cabranes, has criticized tions. lic safety officers made a similar the handling of the case. He wrote a Other comments Judge Sotomayor claim. A group of mostly White New stinging dissent, terming the handling made in the same Law Review article Haven, CT, firefighters performed well of the case ‘‘perfunctory’’ and saying underscore rather than alleviate con- on a standardized test which denied that the way her panel handled the cerns with this particular approach to promotions for lieutenant and for cap- case did a disservice to the weighty judging. She questioned the principle tain. Other racial and ethnic groups issues involved. that judges should be neutral, and she passed the test, too, but their scores Washington Post columnist Richard said the principle of impartiality is a were not as high as this group of most- Cohen was similarly offended by the mere aspiration that she is skeptical ly White firefighters. So under this way the matter was handled. Last judges can achieve in all or even in standardized test, individuals from month, before the President made his most cases—or even in most cases. I these other groups would not have been nomination, Mr. Cohen concluded his find it extremely troubling that Judge promoted. To avoid this result, the city piece on the subject as follows: Sotomayor would question whether threw out the test and announced that Ricci is not just a legal case but a man judges have the capacity to be neutral no one who took it would be eligible for who has been deprived of the pursuit of happiness on account of his race. Obama’s Su- ‘‘even in most cases.’’ promotion, regardless of how well they There is more. A few years after the preme Court nominee ought to be able to performed. The firefighters who scored look the New Haven fireman in the eye and publication of this particular Law Re- highly sued the city under Federal law view article, Judge Sotomayor said the tell him whether he has been treated fairly on the grounds of employment dis- or not. There’s a litmus test for you. ‘‘Court of Appeals is where policy is crimination. The trial court ruled Legal journalist Stuart Taylor, with made.’’ Some might excuse this com- against them on summary judgment. ment as an off-the-cuff remark. Yet it the National Journal, has been highly When their case reached the Second is also arguable that it reflects a deep- critical of how the case was handled, Circuit, Judge Sotomayor sat on the ly held view about the role of a judge— calling it peculiar. panel that decided it. Even the Obama Justice Department a view I believe most Americans would It was, and is, a major case. As I has weighed in. It filed a brief in the find very worrisome. mentioned, the Supreme Court has I would like to talk today about one Supreme Court arguing that Judge taken that case, and its decision is ex- of Judge Sotomayor’s cases that the Sotomayor’s panel was wrong to sim- pected soon. The Second Circuit recog- Supreme Court is currently reviewing. ply dismiss the case. nized it was a major case too. Amicus In looking at how she handled it, I am So it is an admirable quality to be a briefs were submitted. The court allot- concerned that some of her own per- zealous advocate for your clients and ted extra time for oral argument. But sonal preferences and beliefs about pol- the causes in which you believe. But icy may have influenced her decision. unlike the trial judge who rendered a judges are supposed to be passionate For more than a decade, Judge 48-page opinion, Judge Sotomayor’s advocates for the evenhanded reading Sotomayor was a leader in the Puerto panel dismissed the firefighters’ appeal and fair application of the law, not Rican Legal Defense and Education in just a few sentences. So not only did their own policies and preferences. In Fund. In this capacity, she was an ad- Judge Sotomayor’s panel dismiss the reviewing the Ricci case, I am con- vocate for many causes, such as elimi- firefighters’ claims, thereby depriving cerned Judge Sotomayor may have lost nating the death penalty. She was re- them of a trial on the merits, it didn’t sight of that. sponsible for monitoring all litigation even explain why they shouldn’t have As we consider this nomination, I the group filed and was described as an their day in court on their very signifi- will continue to examine her record to ardent supporter of its legal efforts. It cant claims. see if personal or political views have has been reported that her involvement I don’t believe a judge should rule influenced her judgment. in these projects stood out and that she based on empathy, personal pref- I yield the floor. frequently met with the legal staff to erences, or political beliefs, but if any The PRESIDING OFFICER. The Sen- review the status of cases. case cried out for empathy—if any case ator from Alabama. One of the group’s most important cried out for empathy—it would be this Mr. SESSIONS. Madam President, I projects was filing lawsuits against the one. The plaintiff in that case, Frank thank Senator MCCONNELL for his city of New York based on its use of Ricci, has dyslexia. As a result, he had thoughtful comments. He is a former civil service exams. Judge Sotomayor, to study extra hard for the test—up to member of the Judiciary Committee, a in fact, has been credited with helping 13 hours each day. To do so, he had to lawyer who has studied these issues develop the group’s policy of chal- give up his second job, while at the and cares about them deeply, and I lenging those exams. same time spending $1,000 to buy text- value his comments. I do think that, as In one of these cases, the group sued books and to pay someone to record Senator MCCONNELL knows, and while the New York City Police Department those textbooks on tape so he could he is here, once a nominee achieves the on the grounds that its test for pro- overcome his disability. His hard work Supreme Court, they do have a lifetime motion discriminated against certain paid off. Of 77 applicants for 8 slots, he appointment and these values and pref- groups. The suit alleged that too many had the sixth best score. But despite erences and principles on which they Caucasian officers were doing well on his hard work and high performance, operate go with them. So it is up to us, the exam and not enough Hispanic and the city deprived him of a promotion I think my colleague would agree, to African-American officers were per- he had clearly earned. make sure the values and principles forming as well. The city settled a law- Is this what the President means by they bring to the Supreme Court would suit by promoting some African Ameri- ‘‘empathy’’—where he says he wants be consistent with the rule of law. So I cans and Hispanics who had not passed judges to empathize with certain appreciate the Senator’s comments. the test, while passing over some White groups but, implicitly, not with others? Mr. MCCONNELL. If the Senator officers who had. If so, what if you are not in one of from Alabama will yield.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15848 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 Mr. SESSIONS. I will yield. ments, and videos not produced that dent Obama selected her—cause me Mr. MCCONNELL. I commend Sen- are important to this process. concern that the nominee will look ator SESSIONS for his outstanding lead- My colleagues and friends are asking: outside the law and the evidence in ership on this nomination and his in- What have you found? What evalua- judging and that her policy preferences sistence that we be able to have enough tions have you formed? What are your could influence her decisionmaking. time to do the job—to read the cases, preliminary thoughts? And I have been Her speeches and writings outside the read the Law Review articles, and to somewhat reluctant to discuss these court are certainly of concern, some of get ready for a meaningful hearing for matters at this point in time, as we which Senator MCCONNELL mentioned. one of the most important jobs in continue to review the record. In truth, I wish to discuss some other areas America. I think he has done a superb the confirmation process certainly that I think are significant also. She job, and I thank him for his efforts. must be conducted with integrity and has had extensive work with the Puer- Mr. SESSIONS. I thank the Senator. care, but it is not a judicial process, it to Rican Legal Defense and Education I would note that there are only nine is a political process. The Senate is a Fund and been a supporter, presum- legislative days between now and the political, legislative body, not a judi- ably, of what it stands for. So that is time the hearing starts, so we are defi- cial body, and it works its will. Its one of the matters I will discuss a bit nitely in a position where it is going to Members must decide issues based on here. Also, I will discuss her decision to be difficult to be as prepared as we what each Member may conclude is the allow felons, even those convicted and would like to be when this hearing right standard or the right beliefs. in jail, the right to vote, overruling a starts. We still don’t have some of the I have certainly not formed hard long-established State law. Some other materials we need. opinions on this nominee, but I have matters I will discuss include the New My staff and I have been working developed some observations and have Haven firefighters case. hard to survey the writings and records found some relevant facts and have Looking at the long association the of Judge Sotomayor. some questions and concerns. It is nominee has had with the Puerto Rican Certainly, the constitutional duty of clear to me that several matters and Legal Defense and Education Fund—an the Senate to consent to the Presi- cases must be carefully examined be- organization that I have to say, I be- dent’s nomination is a very serious cause they could reveal an approach to lieve, is clearly outside the main- one. In recent years, we have seen judi- judging that is not acceptable for a stream of the American approach to cial opinions that seem more attuned nominee, in my opinion. I see no need matters—this is a group that has taken to the judge’s personal preferences not to raise those concerns now. Dis- some very shocking positions with re- than to the law, and it has caused quite cussing them openly can help our Sen- spect to terrorism. When New York a bit of heartburn throughout the ate colleagues get a better idea of what Mayor David Dinkins criticized mem- country. We have seen judges who have the issues are, and the public, and the bers of the radical Puerto Rican na- failed to understand that their role, nominee can see what the questions are tionalist group and called them ‘‘assas- while very important, is a limited one. now, before the hearings start. Unfor- sins’’ because they had shot at Mem- The judge’s role is not policy, politics, tunately, the record we have is incom- bers of Congress and been involved in, ethnicity, feelings, religion, or per- plete in key respects, and it makes it I guess, other violence, the fund, of sonal preference because whatever difficult for us to prepare. which judge Sotomayor was a part, those things are, they are not law, and As I review the record, I am looking criticized the mayor and said they were first and foremost a judge personifies to try to find out whether this nominee not assassins and said that the com- law. That is why lawyers and judges, understands the proper role of a judge, ments were ‘‘insensitive.’’ during court sessions—and I practiced one who is not looking to impose per- The President of the organization hard in Federal court for all of 15 sonal preferences from the bench. continued, explaining that for many years, so I have been in court a lot— Frankly, I have to say—to follow up on people in Puerto Rico, these men were when they go to court, they do not say Senator MCCONNELL’s remarks—I don’t fighters for freedom and justice. even the judge’s name and usually think I look for the same qualities in a I wonder if she agreed with that don’t even say ‘‘judge.’’ They refer to judge that the person who nominated statement and that the statements of the judge as ‘‘the Court.’’ They say, ‘‘If her does—President Obama. He says he the mayor of New York were insensi- the Court please, I would like to show wants someone who will use empathy— tive. These Puerto Rican nationalists the witness a statement,’’ or a judge empathy to certain groups to decide reconstituted into groups such as the may write, ‘‘This Court has held,’’ and cases. That may sound nice, but empa- FALN, which we have recently had oc- it may be what he has written himself, thy toward one is prejudice toward the casion to discuss in depth. The FALN or she. All of this is to depersonalize, other, is it not? There are always liti- itself was responsible for more than 100 to objectify the process, to clearly es- gants on the other side, and they de- violent attacks resulting in at least 6 tablish that the deciding entity has put serve to have their cases decided on the deaths. I find it ironic that once again on a robe—a blindfold, according to our law. And whatever else empathy might we find ourselves discussing these mur- image—and is objective, honest, fair, be, it is not law. So I think empathy as derous members of FALN, when not and will not allow personal feelings or a standard, preference as a standard is long ago we were considering whether biases to enter into the process. contrary to the judicial oath. This is to confirm Attorney General Eric Hold- So the confirmation process rightly what a judge declares when they take er, who was advocating pardoning them should require careful evaluation to en- the office: and President Clinton did. Now we find sure that a nominee—even one who has I do solemnly swear that I will administer ourselves wondering about this nomi- as fine a career of experience as Judge justice without respect to persons, and do nee to the Court and what her views Sotomayor—meets all the qualities re- equal right to the poor and the rich, and that are on these matters and how her mind quired of one who would be situated on I will faithfully and impartially discharge works as she thinks about these kinds the highest Court. As this process and perform all the duties incumbent upon of issues. unfolds, it is important that the Sen- me. We do not have enough information, ate conduct its evaluation in a way So I think that is the impartial ideal. unfortunately, to assess these concerns that is honest and fair and remember That is the ideal of the lady of justice effectively. We requested information that a nominee often is limited in his with the scales and the blindfold, relating to Judge Sotomayor’s involve- or her ability to answer complaints which we have always believed in in ment with the fund, a typical question against them. this country and which has been the of all nominees but critically impor- So the time is rapidly approaching cornerstone of American jurisprudence. tant for a Supreme Court nominee. But for the hearings—only nine legislative So what I have seen thus far in Judge we have not received information. In- days between now and July 13—and Sotomayor’s record—and presumably deed, we have received 9 documents to- there are still many records, docu- some of her views are the reason Presi- taling fewer than 30 pages relating to

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15849 her 12 years with the organization. So ety,’’ we conclude the death penalty in I look forward to asking her about it is not possible for us to make an in- this case violated the eighth amend- that. I am aware that Judge formed decision at this point on her re- ment. Sotomayor would say she is acting as a lationship with an organization that There are at least six or eight ref- strict constructionist by simply apply- seems to be outside the mainstream. erences in the Constitution to a death ing literally the 40-year-old Voting What we know, basically, is from penalty. If States don’t believe 18-year- Rights Act of 1965. I do not think so. I publicly available information, and olds should be executed, or 17, they remember when Miguel Estrada, that what has been provided this com- should prohibit it and many States do. brilliant Hispanic lawyer whom Presi- mittee, is that this is a group that has, But it is not answered by the Constitu- dent Bush nominated to the appellate time and again, taken extreme position. But five judges did not like it. courts and who was defeated after we tions on vitally important issues such They consulted with world opinion and had seven attempts to shut off a fili- as abortion. In one brief, which was in what they considered to be evolving buster on the floor of the Senate but support of a rehearing petition in the standards of decency and said the Con- could never do so, said during his hear- U.S. Supreme Court, a brief to the Su- stitution prohibited the imposition of a ings that he didn’t like the term preme Court, the Fund criticized the death penalty in this case, when it had ‘‘strict construction.’’ He preferred the Supreme Court’s decision in two cases never been considered to be so since term ‘‘fair construction.’’ that both the State and Federal Gov- the founding of our Republic. I don’t He was correct. So the question is, Is ernment should restrict the use of pub- think that is a principled approach to this a fair construction of the Voting lic funds for abortion—the question of jurisprudence. That is the kind of thing Rights Act, that it would overturn these long-established laws when no public funding of abortion. I am worried about if we had another Incredibly, the Fund joined other judge who will think like that on the such thing was considered in the debate on the legislation? That historic groups in comparing these types of bench. laws, which limit felons voting, are to funding restrictions to slavery, stating: I will ask about some other cases, too, that give me pause. For centuries be wiped out, even allowing felons still Just as Dred Scott v. Sanford refused citi- in jail to vote? I do not think so and zenship to Black people, these opinions strip States and colonies, even before we be- neither did most of the judges who the poor of meaningful citizenship under the came a nation, have concluded that in- fundamental law. have heard these cases. dividuals who commit serious crimes, With regard to the New Haven fire- In their view, the equal protection felonies, forfeit their right to vote, par- fighters case, I will say we will be look- clause of the U.S. Constitution prohib- ticularly while they are in jail. It is a ing into that case in some length. Stu- ited restrictions on either Federal or choice that States can make and have art Taylor did a very fine analysis of it State Government provision of funding made between 1776 and 1821. Eleven when he was writing, I believe, at the abortions. State constitutions contemplated pre- National Journal. He recognized that I think this is an indefensible posi- venting felons from voting. New York no one ever found that the examination tion. We do not know how much Judge passed its first felon disenfranchise- these firefighters took was invalid or Sotomayor had to do with developing ment law in 1821. When the 14th amend- unfair. As he has explained, if the ‘‘be- these positions of the Fund—but cer- ment was adopted in 1868, 29 States had lated, weak, and speculative criti- tainly she was an officer of it, involved such provisions. By 2002, all States ex- cisms—obviously tailored to impugn in the litigation committee during cept Maine and Vermont disenfran- the outcome of the tests—are sufficient most of this time—because we do not chised felons. For years, these types of to disprove an exam’s validity or fair- have the information we requested. laws have been upheld by the courts ness, no test will ever withstand a dis- We do know the Fund and Judge against a range of challenges. But in parate-impact lawsuit. That may or Sotomayor opposed reinstatement of Hayden v. Pataki, in 2006, Justice may not be Judge Sotomayor’s objec- the death penalty in New York based Sotomayor stated her belief that these tive. But it cannot be the law,’’ says not on the law but on what they found types of laws violate the Voting Rights Mr. Stuart Taylor in his thoughtful to be the inhuman psychological bur- Act of 1965, even though that act piece. The firefighters, you see, were den it places on criminals, based on makes no reference to these long- told there was going to be a test that world opinion, and based on evident standing and common State laws and would determine promotion, that it racism in our society. What does this even though they are specifically ref- would determine eligibility for pro- mean about how Judge Sotomayor erenced in the fourteenth amendment motion. The tests were given at the would approach death penalty cases? I to the Constitution itself. time stated and the rules had been set think she has affirmed death penalty In her view, with analysis of a few forth. But the rules were changed and cases, but on the Supreme Court, there short paragraphs only, the New York promotions did not occur because the is a different ability to redefine cases. law was found—or she found—she con- Sotomayor court, in a perfunctory de- These personal views of hers could very cluded that the New York law was ‘‘on cision, concluded that too many mi- well affect that. account of race,’’ and therefore it vio- norities did not pass the test, and no Recently, five Justices of the Su- lated the Voting Rights Act. finding was made that the test was un- preme Court decided, based in part on It was ‘‘on account of race’’ because fair. We will be looking at that and their review of rulings of courts of for- of its impact and nothing more. Statis- quite a number of other matters as we eign countries, that the Constitution tically, it seems that in New York, as go forward. says the United States cannot execute a percentage of the population, more I will be talking about the question a violent criminal if he is 17 years and minorities are in jail than nonminori- of foreign law and the question of this 364 days old when he willfully, ties. Therefore, it was concluded that nominee’s commitment to the second premeditatedly kills someone. They this act was unconstitutional. I think amendment, the right to keep and bear say the Constitution says the State this is a bridge too far. It would mean arms. The Constitution says the right that has a law to that effect cannot do that State laws setting a voting age of to keep and bear arms shall not be in- it. 18 would also violate Federal law be- fringed. We will talk about that and Looking to ‘‘evolving standards of cause, within the society or in most of some other matters because, once on decency that mark the progress of a our country, minorities would have the Court, each Justice has one vote. It maturing society’’—this is what the more children under 18 so that would only takes five votes to declare what Court said, as they set about their duty have a disparate impact on them. the Constitution says. That is an awe- to define the U.S. Constitution; this is I do not think this can be the law, as some power and the judges must show five Members of the Supreme Court, a majority of the colleagues on that restraint, they must respect the legis- with four strong dissents: looking to Court explained, and did not accept her lative body, they must understand that ‘‘evolving standards of decency that logic. Actually, her opinion was not world opinion has no role in how to de- mark the progress of a maturing soci- upheld. fine the U.S. Constitution, for heaven’s

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15850 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 sake. Neither does foreign law. How because of her vast knowledge of the On top of that, Judge Sotomayor’s can that help us interpret the meaning law, her practical experience fighting personal background is rich with the of words passed by an American legis- crime, and her proven record of dedica- joys and hardships that millions of lature? tion to equal justice under the law. American families share. Her record is Oftentimes, world opinion is defined Those are the reasons we are proud. proof that someone can be both an im- in no objective way, just how the judge Those are the reasons she should be partial arbiter of the law and still rec- might feel world opinion is. I am not confirmed without delay. ognize how her decisions will affect sure they conduct a world poll, or what We should not be hearing any sugges- people’s everyday lives. court’s law do they examine around the tions that we need infinitely more time I think it says something that the world to help that influence their opin- to discuss this nomination. It should worst her ideological opponents can ac- ion on an American case? move as promptly as the nomination of cuse her of is being able to understand This is a dangerous philosophy is all John Roberts, and that is exactly what the perspective of a wide range of peo- I am saying. It is a very serious debate. we are going to do. ple whose cases will come before her. There are many in law schools who A little while ago at a press con- Judge Sotomayor deserves nothing have a different view: there is an intel- ference, we heard from prominent legal less than a prompt hearing and a lectual case out there for an activist and law enforcement organizations prompt confirmation. As the process judiciary or a judiciary that should not that explained how the people who moves forward, I plan to come back to be tethered to dictionary definitions of have actually seen her work know her the floor as often as is necessary to words. Judges should be willing and best: as an exemplary, fair, and highly rebut any baseless attacks leveled at bold and take steps to advance the law qualified judge. They came from across this judge. they would set and to protect this or our country, from Florida to Texas, It fills me with pride to have the op- that group that is favored at this or Nebraska, and my home State of New portunity to support President that time. Jersey. They shed light on how impor- Obama’s groundbreaking nominee, I think that is dangerous. I think it tant her work has been in the fight someone who is clearly the right per- is contrary to our heritage of law. I am against crime, how her work as a pros- son for a seat on the highest Court of not in favor of that approach to it. ecutor put the ‘‘Tarzan murderer’’ be- the land. I yield the floor and suggest the ab- hind bars, how as a judge she upheld It is an enormous joy to be reminded the convictions of drug dealers, sexual sence of a quorum. once again that in the United States of predators, and other violent criminals. The PRESIDING OFFICER. The America, if you work hard, play by the And they made it clear how much they clerk will call the roll. rules, and give back to your commu- admire her strong respect for the lib- The legislative clerk proceeded to nity, anything is possible. erties and protections granted by our call the roll. Madam President, with that, I yield Constitution, including the first Mr. MENENDEZ. Madam President, I the floor. amendment rights of people she strong- ask unanimous consent that the order f for the quorum call be rescinded. ly disagreed with. The PRESIDING OFFICER. Without Judge Sotomayor’s credentials are RECESS undeniable. After graduating at the top objection, it is so ordered. The PRESIDING OFFICER. Under of her class at Princeton, she became Mr. MENENDEZ. Madam President, the previous order, the Senate stands an editor of the law journal at Yale today on the floor some of my col- in recess until 2:15 p.m. Law School, which many consider to be leagues have begun their attacks on Thereupon, the Senate, at 12:30 p.m. the Nation’s best. She went to work in President Obama’s historic and incred- recessed until 2:15 p.m. and reassem- the Manhattan district attorney’s of- ibly qualified nominee to the Supreme bled when called to order by the Acting fice, prosecuting crimes from murder Court, Judge Sonia Sotomayor. They President pro tempore. to child abuse to fraud, winning convic- clearly decided, for ideological reasons, tions all along the way. The ACTING PRESIDENT pro tem- that they were going to oppose who- A Republican President, George H.W. pore. The Senator from Georgia. ever President Obama appointed before Bush, appointed her to the U.S. Dis- Mr. CHAMBLISS. Mr. President, the hearings even started. We have trict Court in New York, and a Demo- what is the status of the Senate at the heard people try to attach a lot of la- crat, Bill Clinton, appointed her to the present time? bels to Judge Sotomayor over the past U.S. Court of Appeals. She was con- The ACTING PRESIDENT pro tem- few weeks, but it has become clearer firmed by a Democratic majority Sen- pore. The Senate is in morning busi- and clearer as we look hard at Judge ate and then a Republican majority ness. Sotomayor’s record and vast experi- Senate. Her record as a judge is as f ence that attacking this nominee is clear and publicly accessible as any re- like throwing rocks at a library. It is FOOD SAFETY RAPID RESPONSE cent nominee and clearly shows mod- ACT OF 2009 uncalled for and it doesn’t accomplish esty and restraint on the bench. anything. Her opponents are grasping She would bring more judicial experi- Mr. CHAMBLISS. Mr. President, I at straws, because it turns out we have ence to the Supreme Court than any rise today to talk for a few minutes before us one of the most qualified, ex- Justice in 70 years, and more Federal about the Food Safety Rapid Response ceptional nominees to come before this judicial experience than anyone in the Act of 2009. I do this in conjunction Senate in recent history. past century. Her record and her adher- with my colleague from the State of Let there be no doubt: Sonia ence to precedent leave no doubt what- Minnesota, Senator KLOBUCHAR. I rec- Sotomayor’s nomination to be a Jus- soever that she respects the Constitu- ognize her first for her strong leader- tice to the Supreme Court is a proud tion and the rule of law. ship on this legislation. She and I both moment for America. It is proof that Judge Sotomayor’s record has made are a member of the Senate Committee the American dream is in reach for ev- it clear that she believes what deter- on Agriculture, Nutrition, and For- eryone willing to work hard, play by mines a case is not her personal pref- estry. On that committee, she has been the rules, and give back to their com- erences but the law. Her hundreds of extremely active, and on this par- munities, regardless of their ethnicity, decisions prove very conclusively that ticular issue we have had the oppor- gender, or socioeconomic background. she looks at what the law says, she tunity to dialog on any number of oc- It is further proof of the deep roots the looks at what Congress has said, and casions. Thanks to her cooperation and Hispanic community has in this coun- she looks above all at what precedent her leadership, we have developed and try. says. She is meticulous about looking are cosponsoring the Food Safety But let’s be clear: We get to be proud at the facts and then decides the out- Rapid Response Act of 2009, which is of this nominee because she is excep- come in accordance with the Constitu- designed to improve foodborne illness tionally qualified. We get to be proud tion. surveillance systems on the Federal,

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15851 State, and local level, as well as im- part of comprehensive food safety leg- mands for records, as well as provide prove communication and coordination islation in the months ahead. Both for protections against unauthorized among public health and food regu- Senator KLOBUCHAR and myself are co- disclosure of proprietary or confiden- latory agencies. sponsors of the FDA Food Safety Mod- tial business information which the In the wake of the recent salmonella ernization Act, a bipartisan measure to agency gains when reviewing the con- outbreak at the Peanut Corporation of enhance current Food and Drug Admin- tents of written food safety plans and America in my home State of Georgia, istration authority to better protect other records. the Senate Agriculture Committee our Nation’s food supply. Finally, FDA’s food safety functions held a hearing to review the response Whether produced domestically or should be funded through Federal ap- from the Centers for Disease Control imported, Americans must be able to propriations as opposed to registration and Prevention and the Food and Drug trust that the food sold in their gro- fees that go into a general fund that Administration. The mother of a vic- cery stores and restaurants is safe and may or may not be used to enhance in- tim of the outbreak testified at the secure. It is critical to ensure that the spections. Costly user fees or flat facil- hearing and shared her personal story Food and Drug Administration has the ity registration fees applicable to all and frustrations in dealing with nu- tools it needs to properly monitor and types and sizes of facilities should not merous Federal bureaucracies over this inspect the food that is consumed in be considered. Such fees pose questions issue. this country. of equity, particularly for small busi- This hearing brought to light a clear The FDA Food Safety Modernization nesses that consume a negligible share need to develop a more effective na- Act affords regulators the authority of FDA resources. tional response to outbreaks of they need to better identify vulnerabil- An effective public-private partner- foodborne illness, especially in the area ities in our food supply while maintain- ship is critical to ensuring a safe food of coordination among public health ing the high level of food safety most supply. The private sector has the re- and food regulatory agencies, to share Americans enjoy and take for granted. sponsibility to follow Federal guide- findings and develop a centralized The legislation calls for an increase lines and ensure the safety of their database. The Food Safety Rapid Re- in the frequency of FDA inspections at products. The Federal and State gov- sponse Act of 2009 will expedite much all food facilities, grants the FDA ex- ernments have the responsibility to needed improvements to identify and panded access to records and testing oversee these efforts and take correc- respond to foodborne illnesses through- results, and authorizes the FDA to tive actions when necessary. We need out the country. order mandatory recalls should a pri- to have the ability to quickly identify Key components of this legislation vate entity fail to do so voluntarily gaps in the system and act swiftly to include the following: First, directing upon the FDA’s request. correct them. Both the Food Safety the CDC to enhance the Nation’s The Food Safety Modernization Act Rapid Response Act and the FDA Food foodborne disease surveillance system strikes an appropriate balance for the Safety Modernization Act are impor- by improving the collection, analysis, various roles of Federal regulators, tant measures to achieve that goal. reporting, and usefulness of data food manufacturers, and our Nation’s Again, Mr. President, I commend the among local, State, and Federal agen- farmers to ensure that Americans con- Senator from Minnesota. It has been a cies, as well as the food industry; sec- tinue to enjoy the safest food supply in privilege to work with her to this ond, directing the CDC to provide sup- the world. America’s farmers are com- point. I look forward to continuing to port and expertise to State health mitted to providing the safest food pos- move this legislation in a positive di- agencies and laboratories for their in- sible to their customers and have a rection and in a short timeframe so vestigations of foodborne disease. This decades-long history of implementing includes promoting best practices for that we can make sure we are giving food safety improvements to prevent food safety investigations. And, third, all of our oversight personnel and our both deliberate and unintentional con- establishing regional food safety cen- regulators the proper authority and tamination of agricultural products as ters of excellence at select public the resources with which to do their they make their way from the farm to health departments and higher edu- job. the retail store or to a restaurant. cation institutions around the country Mr. President, I yield the floor. to provide increased resources, train- However, we must also be realistic in The ACTING PRESIDENT pro tem- ing, and coordination among State and our expectations. Food is grown in dirt, pore. The Senator from Minnesota. Ms. KLOBUCHAR. Mr. President, I local personnel. and as a result a zero-risk food supply Both Senator KLOBUCHAR and I are will be impossible to achieve. It is a ask unanimous consent to speak as in very proud of the excellent work done goal that we must strive for, while at morning business for 10 minutes. at universities in our respective home the same time being ever mindful of The ACTING PRESIDENT pro tem- States in the area of food safety and the realities of food production and the pore. Without objection, it is so or- epidemiology. detrimental consequences of applying dered. The University of Georgia is home to unreasonable demands on our pro- Ms. KLOBUCHAR. Mr. President, I the world-class Center for Food Safety ducers or our farmers. am proud to stand here today with Mr. which has for more than 17 years as- As the Congress updates our food CHAMBLISS, the Senator from Georgia, sisted the CDC with foodborne disease safety laws, there will be indepth delib- in speaking out in favor of our bill to outbreak investigations. erations about specific provisions re- bring food safety to this country. It is The University of Georgia Center for lated to all aspects of food safety, such interesting that we introduced this bill Food Safety is known for its leadership as product tracing, third-party audits, together because, of course, this latest in developing new methods for detect- and facility inspections. As we tackle outbreak that got so much attention ing, controlling, and eliminating harm- each of these issues, a few principles nationally with the Peanut Corpora- ful microbes found in foods and is the must guide our decisions. tion of America started in Georgia. No go-to organization for the CDC, FDA, First, regulation and inspections one knew that at the time as people and the food industry when seeking so- must be science and risk based. Rely- got sick across the country, and it lutions to difficult food safety issues. ing on science- and risk-based analysis ended in Minnesota where, after three The Center for Food Safety fre- will focus our efforts and resources to deaths in my State, it was the Min- quently provides FDA, CDC, and State vulnerable aspects of our food supply nesota Department of Health and the health departments advice and assist- instead of developing a regime that University of Minnesota working to- ance in isolating harmful bacteria, only establishes more redtape, burden- gether that once again solved the prob- such as salmonella and E. coli O157 some recordkeeping, or Federal intru- lem, figuring out where the salmonella from foods. sion. was coming from. I am hopeful the Food Safety Re- Second, it is important to provide Today a Republican Senator from sponse Act of 2009 will be considered as protections against unreasonable de- Georgia and a Democratic Senator

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15852 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 from Minnesota have come together to the Minnesota Department of Agri- times they know the best way to trace introduce this bill to say we want to do culture, as well as a collaborative ef- back these foodborne illnesses. They everything we can to prevent this from fort with the University of Minnesota want to have safe food and they are in- happening in the first place. That is School of Public Health. This initiative terested in helping. why we both support the FDA bill. But has earned a remarkable national rep- Second, it would direct the Centers it is also to say, when it does happen, utation. for Disease Control to work with State we want to catch things as soon as pos- With all due respect to their exem- level agencies to improve foodborne ill- sible so we have less people who get plary work, the Nation should not have ness surveillance. This includes pro- sick, less people who die, and a lot of to wait until someone from Minnesota viding support to State laboratories that has to do with best practices. I am gets sick or dies from tainted food be- and agencies for outbreak investiga- proud to stand with the Senator from fore there is an effective national re- tions with needed specialty expertise. Georgia today. sponse to investigate and identify the It also includes—and this is key—de- This past week, our country saw an- causes. The problem is that the respon- veloping model practices at the State other food recall due to the outbreak of sibility to investigate potential and local levels for responding to E. coli caused by refrigerated cookie foodborne diseases rests largely with foodborne illnesses and outbreaks. dough manufactured by Nestle. The local and State health departments, This is about the Minnesota model, outbreak has sickened at least 65 peo- and that is OK, if it worked everywhere these best practices. What happens in ple in 29 States, and it is the latest in the way it does in Minnesota. There is Minnesota, I will tell you—and I will a series of foodborne outbreaks in the tremendous variation from State to bet it is as expensive in some other last 2 years, or at the least, the out- State in terms of the priority and the States, but what we do is smart. We breaks we know of since many cases of resources they dedicate to this respon- take a team of graduate students—sort foodborne illness are never reported or sibility. of food detectives—and they work to- those that are reported are never In Minnesota, it is a high priority, gether. Instead of having it go all over linked to an identifiable common and we have dedicated professionals the State to a county nurse in one source. who have developed sophisticated pro- county and someone else in another In the spring and summer of 2007, as cedures for detecting, investigating, county, this group of graduate stu- you may recall, hundreds of people and tracking cases of foodborne ill- dents, working under the supervision of across the country were getting sick nesses. doctors and people who are profes- from salmonella. The source was ulti- The peanut butter salmonella out- sionals in this area, literally calls all mately traced to jalapeno peppers im- break was so extensive and so shocking at once. They work next to each other ported from Mexico. that it has finally put food safety on and they call people who have been Last fall, hundreds of people, as we the agenda in Washington. It is a sick or who are sick and that way, at just talked about, across the country crowed agenda, as we all know, but one moment in time, they are able to again fell ill to salmonella. Again, this food safety must be there. immediately figure out what the peo- was traced back to the peanut butter In March, I joined with a bipartisan ple were eating and where the food processing plant in Georgia. In the group of Senators to introduce the came from. There are sophisticated meantime, nine people died from sal- Food Safety Modernization Act of 2009, laboratory techniques that go on everywhere, but what works here is this monella poisoning, three of them in my which would overhaul the Federal Gov- teamwork with graduate students. home State of Minnesota. ernment’s food safety system. Other Finally, this legislation would estab- In both of these outbreaks, more cosponsors are Senators DICK DURBIN, lish Food Safety Centers of Excellence. than half of the people who got sick or JUDD GREGG, TED KENNEDY, RICHARD The goal is to set up regional food safe- died did so before there was any con- BURR, CHRIS DODD, LAMAR ALEXANDER, ty centers at select public health de- sumer advisory or recall. Half of these and SAXBY CHAMBLISS. partments and higher education insti- This legislation is a comprehensive people got sick or died before there was tutions. These collaborations would approach to strengthening the Food a consumer advisory or recall. In the provide increased resources, training, and Drug Administration’s authority case of the jalapeno peppers, people and coordination for State and local of- and resources. But I believe there is had been getting sick for almost 2 ficials so that other States can be months before the advisory was issued still much more that can and should be doing exactly what Minnesota does. In about tomatoes, the original suspect, done. That is why, along with Senator particular, they would seek to dis- which turned out to be incorrect, hurt- CHAMBLISS, I have introduced the Food tribute food safety best practices such ing that industry. It was nearly 3 Safety Rapid Response Act. This legis- as those that have become routine in months before the first illness was relation focuses on the Centers for Dis- my State. ported in Minnesota, and then, once ease Control, as well as State and local Dr. Osterholm, at the University of again, solved in Minnesota. capabilities, for responding to Minnesota, is a national food safety In the case of the peanut butter, peo- foodborne illness. It has three main and disease expert. Many of you may ple were getting sick for 3 months be- provisions. have seen him featured nationally with fore the first illness was reported in my First, it would direct the Centers for the latest H1N1 flu outbreak. He is home State. For 3 months people got Disease Control to enhance foodborne credited with the creation of the Min- sick all across the country, and it was surveillance systems to improve the nesota program. He has said that the only when they got sick or died in Min- collection, analysis, reporting, and use- creation of regional programs modeled nesota that it got solved. fulness of data on foodborne systems. on Minnesota would go a long way to We have to fix this situation. I am This includes better sharing of infor- providing precisely the real-time sup- proud of my State. I am proud it was mation among Federal, State, and port for outbreak investigations at the able to catch these two major food out- local agencies, as well as with the food State and local levels that is so sorely breaks. But we have to be doing it in industry and the public. It also in- needed. other places as well. cludes developing improved epidemi- No one believes we are going to be The breakthrough in identifying the ology tools and procedures to better able to do this all out of Washington. sources of contamination did not come detect foodborne disease clusters and That is why we simply have to upgrade from the Centers for Disease Control, improve tracebacks to identify the the places that our States are using, so despite their good work. It did not contaminated food products. when there is an outbreak we don’t come from the Food and Drug Adminis- I can tell you, our State is proud to have to wait for people to get sick or tration. It did not come from the Na- be the home of Hormel, Schwan’s, Land die in Minnesota to solve these prob- tional Institutes of Health. The break- O’Lakes, General Mills, and many lems. through came from the work of the other food processing companies, and The recent outbreaks have shaken Minnesota Department of Health and they are eager to help because often- our confidence and trust in the food we

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15853 eat. According to the Centers for Dis- National War College, and eventually portunity to follow through on some of ease Control, foodborne disease causes was promoted to director of Cuba’s his ideas and some of his hopes. about 76 million illnesses, 325,000 hos- military schools. Following his career Mr. President, I yield the floor, and I pitalizations, and 5,000 deaths in the in Cuban military education, Barquin suggest the absence of a quorum. United States each year. Yet for every was appointed as Cuba’s military atta- The ACTING PRESIDENT pro tem- foodborne illness that is reported, it is che to the United States and delegate pore. The clerk will call the roll. estimated that as many as 40 more ill- to the Inter-American Defense Board, The assistant bill clerk proceeded to nesses are not reported or confirmed by where he was elected vice chair and led call the roll. a lab. the team that developed the plan for a Mr. SCHUMER. Mr. President, I ask The annual cost of medical care, lost joint defense of the Western Hemi- unanimous consent the order for the productivity, and premature deaths sphere. For his work, Colonel Barquin quorum call be rescinded. due to foodborne illnesses is estimated was honored in 1955 by our government The ACTING PRESIDENT pro tem- to be $44 billion. So there is a lot at with the Legion of Merit, Grade of pore. Without objection, it is so or- stake, both in terms of life and money. Commander. dered. I believe we can do so much better. I While serving as attache, he learned Mr. SCHUMER. Mr. President, I rise believe it because I have seen it in my of the shifting political winds in Cuba to speak to my colleagues on two State. and conspired to prevent freedom from issues this afternoon. One is the nomi- Senator CHAMBLISS, from the State of losing a foothold in his native land. I nation of Judge Sotomayor to the U.S. Georgia, where this latest outbreak oc- can remember as a young boy in Cuba Supreme Court and the second is on curred, believes it because he has seen living through tumultuous times. But I the public option in health care. the devastation to an industry’s own also remember my father often re- f marking that in Colonel Barquin, Cuba State, where when you have one bad SOTOMAYOR NOMINATION actor and then it gets out there and had its best hope for democracy. more people get sick and die, it doesn’t It was the colonel’s concerns that led Mr. SCHUMER. Mr. President, sev- help anyone in this country. The trag- him to participate in a failed military eral of my colleagues across the aisle edy of so many families—three in my revolt against the Batista dictatorship have come to the floor to attack Judge own State—hurts tremendously. So we and later to actively work against Cas- Sotomayor’s nomination to the Su- know we can do better, and that is why tro’s totalitarian regime. When Castro preme Court. I must say, I think these we are introducing this bill on a bipar- came to power, he asked Barquin to attacks are entirely misplaced. I have tisan basis. serve as defense minister. Concerned always had a consistent standard for As a former prosecutor, I have al- with the regime’s repressive nature, evaluating judicial nominees. I use it ways believed the first responsibility of Colonel Barquin refused and instead when voting for them. I use it when government is to protect its citizens. chose to serve in an ambassadorial post joining in, in the nomination process. I When people get sick or die from con- in Europe. As a result of that, he was did under President Bush and continue taminated food, the government must able to flee to the United States and to under President Obama. Those three take aggressive and immediate action. begin a new life, now in exile. standards are excellence, moderation, I believe that together the Food Safety After briefly living in Miami, and diversity. Rapid Response Act and the Food Safe- Barquin rekindled his passion for edu- I am confident Judge Sotomayor ty Modernization Act will strengthen cation by establishing a consortium of meets these criteria. Based on my re- food safety in America and ultimately educational institutions in Puerto view thus far of her lengthy and im- save both lives and money. Rico. They included a K–12 school pressive record on both the district Mr. President, I yield the floor. called the American Military Acad- court and court of appeals, her impres- The ACTING PRESIDENT pro tem- emy, summer camps, a university—At- sive career in both public and private pore. The Senator from Florida. lantic College—and an institute for sectors, and her stellar academic cre- f civic education known as Instituto de dentials. Democratica. He was recognized for his I have also been deeply impressed TRIBUTE TO COLONEL RAMON M. hard work and enterpreneurism by the with her personal story, a true story of BARQUIN Puerto Rican government as the 1995 an American dream. She pulled herself Mr. MARTINEZ. Mr. President, it Educator of the Year. up from the projects in the Bronx to gives me great pleasure to honor an in- Graduates of the K–12 academy he stand before this body as a nominee to dividual who lived in pursuit of a free founded had kind words of appreciation the highest Court in the land. Her his- Cuba and a better America, COL for the colonel’s work and character. tory is truly inspirational, a history of Ramon M. Barquin, who died at the age One student remarked: ‘‘From the which we should all be extremely of 93 on March 3, 2008. Colonel, I learned to love my country proud. It is a great American story. It Colonel Barquin was an accomplished and he taught me the values that lead is what the greatness of America is all military leader, an educator, a dip- my life today.’’ about, as my friend from New Jersey lomat, and an entrepreneur. Although As a Cuban American, a Floridian, said earlier. Cuba was his native home, he made our and a Senator, it gives me great pleas- I think some of the comments I have Nation a better place during the years ure to pay tribute to an individual with heard from my Republican colleagues he lived in exile. a legacy as awe inspiring as that of this morning have distorted Judge Ramon Barquin was born in Cien- COL Ramon M. Barquin. His unwaver- Sotomayor’s distinguished record, so fuegos, Cuba, on May 12, 1914. At the ing commitment to freedom and de- let’s take a minute to consider what age of 19, he joined the Cuban army, mocracy, his generosity, and his zeal the real story is and how Judge served his country, and graduated from for serving others is, and will be, sorely Sotomayor’s record reflects the highest the Cuban Military Academy in 1941. missed. ideals of judging. During his years of military service, I also know that probably one of his Judge Sotomayor’s record reveals her Colonel Barquin attended various U.S. proudest accomplishments was a won- to be both modest and moderate, dedi- Army schools here in the United derful family. I am privileged to know cated to the rule of law and not out- States. Following a distinguished ca- his son Ramon, who also carries his come oriented. reer in the military, Colonel Barquin name, and also some of his grand- For example, Senator SESSIONS spent found his passion in military edu- children. I know that is, without a some of his time this morning criti- cation. doubt, what I am sure he feels was his cizing one particular case, Hayden v. In the classroom, he worked to instill greatest legacy while he lived among Pataki, about felon disenfranchise- a culture of civic awareness within the us. I know that history would have ment—because Judge Sotomayor’s dis- military’s ranks, founded the Cuban been very different if he had had an op- sent would have resulted in an outcome

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15854 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 with which he did not agree. He ne- view in the Constitution, Alexander in the art and science of interpreting glected to mention that her opinion Hamilton explains the role of a judge the Constitution and laws of our coun- was based on the plain text of the stat- very simply: A judge must interpret try we have to ask ourselves the fol- ute before the court and he also left the Constitution, interpret the laws, lowing questions: Do we trust more the out some of the key, revealing com- and when there is ‘‘irreconcilable vari- decisions of judges who, as I have said ments she made in her dissent: ance between the two, that which has before, have ice water in their veins, No one disputes that States have the rights the superior obligation and validity who view their role as stripping them- to disenfranchise felons; ought, of course, to be preferred.’’ selves of their pasts and ruling in a No. 2: An ‘‘irreconcilable variance’’—that vacuum, free of human experience and The duty of a judge is to follow the law, imposes a high bar on any judge who is common sense, or do we trust more the not question its plain terms; tempted to strike down a law or a prac- decisions of judges who acknowledge And No. 3: tice or any decision by a legislature or and address their own life experiences I trust that Congress would prefer to make executive as unconstitutional. This is, even while striving always to be fair any needed changes itself rather than have by the way, exactly the standard Judge and within the law—as Judge the courts do so for it. Sotomayor lived up to in Ricci, when Sotomayor herself has said? These are the kind of statements, in she deferred to the elected local official These are questions I look forward to the very case my good friend from Ala- in New Haven and to Federal title VII discussing at Judge Sotomayor’s up- bama uses to criticize the judge, that law and to firm Second Circuit prece- coming hearing. we have heard from people on the other dent. f It has always been my view that a side of the aisle over and over as to HEALTH CARE what a judge should do: Not replace his commitment to modesty is key in a or her own judgment for that of a legis- judge. A judge who is modest under- Mr. SCHUMER. Mr. President, I rise lature or that of the law. stands that any concept of doing jus- to discuss the necessity of including a Judge Sotomayor was following text tice must have as its touchstone the public option in the health care legisla- to a result, not the other way around. meaning that the authors of the text tion Congress is currently drafting. These quotes tell us a lot more about intended to give it. One of our top priorities, as we under- Judge Sotomayor’s judicial philosophy I also believe it is consistent with ju- take health care reform, must be in- and commitment to rule of law than dicial modesty to acknowledge that creasing competition among health in- simply looking at the outcome in any our Constitution is written to endure. surance companies in order to get costs particular case. Even when we look at It does not live and breathe like a under control and give consumers bet- outcomes, the entirety of her record flesh-and-blood child does, who evolves ter choices. A recent New York Times/ gives us a more accurate picture of her through adolescence and adulthood to CBS poll clearly shows that a large ma- judicial philosophy than the outcome become unrecognizable. jority of the American people, 72 per- of any one case. She rejected discrimi- I don’t believe in using those terms. cent in fact, want a government-spon- nation claims in 81 percent of the cases Rather, the Constitution endures. It sored health care option that would she considered, and in those 78 cases re- endures because the people whom it compete with private health insurance jecting discrimination claims she dis- governs, the people who retain all of companies—72 percent. sented from the panel she was on only the many rights that are not listed in What is even more incredible, 50 per- twice. the document itself, believe that it cent of all Republicans in this country When my office looked at her record continues to apply to them. The only want a public option. There seems to on immigration cases she sided with reason it continues to apply to them is be a disconnect between my colleagues the immigrant in asylum cases only 17 through guardianship of judges who are on the other side of the aisle and even percent of the time. That is average for modest in reaching their conclusions. their Republican constituents. the entire Second Circuit. This should They understand that people have to Do you know why so many Ameri- put to rest any notion she is swayed by live by the Court’s interpretation and cans want a public plan? Because, de- outcomes rather than by law. judgment. They understand that people spite what many of my colleagues on Obviously, she sympathizes with the want justice and that justice means the other side of the aisle would have immigrant experience, that has been predictability, adherence to text, and you believe, they do not believe they clear. But she does not let those sym- the willingness to avoid patently ab- have affordable choices. Fundamen- pathies stand in the way of her judging surd results. tally, this is what lies at the heart of what the law says and mandates. So I am looking forward to the con- our public plan proposal. We want to she is clearly not a judicial activist, firmation hearing of Judge Sotomayor. ensure all Americans have a guaran- someone who reaches beyond the prop- She is a gifted lawyer, she is a re- teed affordable choice when it comes to er role of a judge to impose her per- spected and serious jurist, and her life health insurance. Right now, too many sonal preferences. experiences will only serve to enrich of them do not. I think it is about time to debunk the views of the eight other justices, In many areas of the country, one or the notion of judicial activism, as some each of whom brings with him or her two insurers have a stranglehold on the are using. I think that judicial activ- individual lessons, lessons taught by a entire market, which produces costly ism is starting to become code for hard-working grandfather in Pinpoint, premiums and health care decisions many of my friends on the other side of GA; by an independent, studious-mind- that often serve the interests of the in- the aisle for ‘‘decisions with outcomes ed mother who died the day before her surer, not the patient. In fact, accord- with which I don’t agree.’’ When they daughter graduated high school; by a ing to a study of the American Medical say judicial activist, they are not look- hotel owner in Chicago, IL; or by a sin- Association, 94 percent of insurance ing at how close or far from the law. gle Spanish-speaking mother who told markets are highly concentrated. This They are, rather, looking at: Well, I her daughter that she could do any- is why a public health insurance plan is didn’t agree with the ultimate deci- thing through hard work and a good absolutely critical, to ensure the great- sion. education. est amount of choice possible for con- That is why I prefer to use the term Let’s be reasonable and realistic. sumers and provide at least one option ‘‘modest’’ in describing my ideal judge. These experiences do not turn a good that is patient—not profit—focused. It was a term that was used by Justice judge into a bad one or who is not an When you read what percentage one Roberts when he was before us. impartial one or whatever my col- insurance company or two insurance I will quote from the Federalist Pa- leagues on the other side of the aisle companies have of a market in each pers as some of my colleagues have are suggesting. State, you know that robust competi- done. In Federalist No. 78, the primary To recognize the role of personal ex- tion is missing from the health care source for justification for judicial re- perience is simply to acknowledge that market. That is why so many people

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15855 are worried about the future of the To truly reform our health care sys- We can only bend so much to try to plans that they now have. tem, Congress must pass legislation win over opponents of health care re- The public plan is not about govern- that includes a public option. A figleaf form. We cannot bend so far that we ment-controlled health care, socialism public plan is no plan at all, and I will break. We cannot say we are putting or any of the buzz words that have been not settle for such a figleaf. something else out there and not have tossed around as part of this debate. It is important to remember how we it do the job because a public option is I ask my colleagues, do they consider arrived here. For a long time, when what really does the job. We must not Medicare socialism? Would they like to thinking hypothetically about health let the scaremongering about the pos- abolish Medicare? Probably some of care reform, many in this country sug- sible consequences of a public option them would. But Medicare—hello, my gested that we move to a single-payer deter us from doing what the American friends—is a government-run plan. It is option. people overwhelmingly want and need. very popular with the American people. The PRESIDING OFFICER (Mr. It is time to put the health needs of the Very few propose eliminating Medi- UDALL of Colorado.) I would note that American people, not the insurance care. So let’s be real here. The public the Senator has used 10 minutes. companies, first. It is time to move option is about offering Americans a Mr. SCHUMER. I ask unanimous con- past the partisan bickering and make choice in the market that, far too sent that I be given 5 additional min- sure the health care reform passed by often, offers them none. utes. Congress includes a real public option. I will tell you the choices too many The PRESIDING OFFICER. Without It is the right thing, it is the smart Americans face: whether to pay for objection, it is so ordered. thing, and it is what the American peo- health insurance or health care or to Mr. SCHUMER. The Republicans re- ple want and what they deserve. pay for other necessities of life, be- jected the single-payer plan. So at the I yield the floor. cause health care has become so expen- onset of this debate, we met them half- The PRESIDING OFFICER. The Sen- sive. That is not a choice anyone way with a framework that continues ator from South Carolina should have to make, and maybe that to largely rely on private insurers. So Mr. DEMINT. Mr. President, I ask explains why the American people do then we said: If we are going to con- unanimous consent to speak for 15 min- not agree with the critics of the public tinue to rely mostly on private insur- utes as in morning business. plan. ance, can we at least introduce greater The PRESIDING OFFICER. Without Half of all Americans think the gov- competition into the market by having objection, it is so ordered. ernment plan will provide better health a public plan as one option? The Re- Mr. DEMINT. Mr. President, it seems care coverage than private insurance publicans—most, at least; just about that you are always stuck with listen- companies, and a significantly lower all, I think—rejected that too. We said: ing to me. I apologize for that. percentage disagree with that state- Well, what if we ensured that the pub- I wish to respond to my colleagues’ ment. lic plan had to adhere to the same rules grand design of our new health care Let’s be clear: A public plan may not as private insurers, thus guaranteeing system in just a moment, but I would have special built-in advantages. It a level playing field? The Republicans like to back up a little bit and discuss would be a coverage option that would here in the Senate—not in the country health care and some other things in compete on an equal footing alongside but the Republicans here in the Sen- context. private insurance plans in the market ate—still said no to even a level play- There is no question in anyone’s for individual and small business cov- ing field. mind that these are difficult times for erage. If a level playing field exists, So some Democrats came up with a America. Millions are unemployed, and then private insurers will have to com- new idea: What if we relied on a co-op the unemployment rate continues to pete based on quality of care and pric- model that has served rural States climb. Our economy has been in decline ing instead of just competing for the well? In a good-faith attempt to con- for a number of months. Our military healthiest consumers. In this way, a sider this idea, I proposed some ideas is strained all around the world at a public plan will accomplish many of for ensuring that co-ops could do the time when our enemies seem to be our most important goals. It will not job of keeping private insurers honest. gaining strength and increasing in waste money on costs incidental to Yesterday, Senator CONRAD indicated numbers. Back here at home, our providing health care. It will not focus he could go along with many of these spending and borrowing and debt are on profits at the expense of the best proposals. But Senator CONRAD has out of control, and this massive gov- health outcomes. Instead, it will spend never been the problem here. He has ernment spending plan we call the money on improving health delivery been well open to negotiating on how stimulus has yet to show any results. and on trying innovative technologies to make a co-op plan have the kind of We see government intervention in and systems in order to save, save clout to go up against private insur- many areas of our economy—in the money. It will force many insurers that ance companies, be available to all banks, financial markets, the takeover have been shielded and protected from Americans, be able to bargain with the of Fannie Mae and Freddie Mac, the competition for far too long to com- providers, and be ready to go on day takeover of large insurance companies, pete with a plan that provides com- one to compete with the large nation- our auto industry. People back home prehensive care at an affordable rate. wide insurance companies. Senator and all around the country are It will, most importantly, give all CONRAD has always been willing to en- alarmed. As I heard someone say last Americans a choice. In fact, I think the tertain all of that. He has been a good- week as they tried to explain their thing that really scares opponents of faith negotiator with the best interests alarm to me, they threw up their hands the public option is choice, that Ameri- at heart. It has been those on the other and they just said, ‘‘I am outraged cans might actually choose the public side of the aisle who have not been out.’’ They could not speak anymore. plan over the plan of private insurance willing to negotiate. So I am losing My question for my colleagues today companies, because then the curtain confidence that Senate Republicans is, Is this a good time to create another might be pulled back on their friends will ever agree to the types of changes government program? The answer on at the insurance companies and Ameri- to a co-op to make it a viable alter- the other side has obviously been yes. cans will finally see the hidden costs native, a viable substitute to a tradi- Yesterday, they all voted, I believe, to that have caused their premiums to tional public plan that is nationwide get the Federal Government in the skyrocket, the wasteful spending that and available to everybody, that can go tourism business, to close off debate does not improve health outcomes but up against the private insurers and go and pass a plan that would get the Fed- fattens bottom lines, and the protec- up against the suppliers in buying eral Government to promote tourism tion from competition that has been of- power, that is formulated so that it in America all over the world. I think fered to private insurers over the last hits the ground running on day one of it is like $400 million—in today’s decade. the insurance exchange. terms, a small amount of money. But

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15856 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 the tourism industry, while hurting be- health plans work in Medicare. Cer- My colleagues are trying to say that cause of the economy, is certainly not tainly, if you have Medicare and you the private market is what is failing us in collapse, in need of a government can get a doctor to see you, it works and we need to expand this part of the bailout. The tourism industry spent just fine. But the problem is, every dol- health care market—the part that is billions of dollars on advertising last lar that has come in from Medicare not paying doctors and hospitals to see year. since its inception has been spent. The patients, the part that is trillions of It is not as if the rest of the world 2.5 precent that comes out of every dollars in debt, and the part that is al- does not know we are here. The prob- paycheck has not been saved for our ready beginning to ration health care lem with tourism in America can be senior citizens, to pay for their health for those who are under those plans. laid at the feet of an inept government. care; it has been spent and there is ab- If you want to know how the public If you ask people abroad why they are solutely no money in the system to option is going to work, I encourage not coming here in such numbers as take care of America’s baby boomers. you to drop by a Social Security office, they have in the past, we find the sta- This works like a government plan my take a number, and sit down and wait tistics show that we are the most colleague was just bragging about. It for them to get to you, or maybe go to unwelcoming at our Customs office, in has trillions of dollars of unfunded debt a veterans hospital or another govern- the lines to get through to America. If that will fall on the heads of our chil- ment service. Do we really want the you want to have a business conven- dren and grandchildren, trillions of dol- government involved with health care? tion or trade show in America, it is lars that we have no idea how we are Health care is the most personal and very likely you cannot get the visas for going to pay for. And Medicare is hope- private service we have as Americans. your customers to come here, so many lessly in debt at the State and the Fed- Do we want to turn health care over to of these conventions and trade shows eral level. the most impersonal, the most bureau- But even worse is this problem. And have had to move overseas. cratic, the most wasteful and, in many let’s keep looking at government The problem with getting people here cases, the most corrupt aspect of our versus the private plans. I think most is in what the government is not doing society? well. We don’t need to get the govern- people in America would believe the What we do need to do is look at how best situation now in health care is to ment in the tourism business. I have we can get these private plans in the have a health insurance policy so you plants back home, such as BMW, that hands of those who have no insurance. can pick your own doctor and decide would like to bring people from their That is something we can do and we with your doctor what kind of health headquarters in Germany over here to can do it for a lot less than the current care you are going to get. No plan is train the American workforce, but administration is talking about. But perfect. There are always problems in they found it is easier just to send our before we talk about how we are going health care. It is very complex. But people over there because it is so hard to get these people insured, let’s look you have here about 70 percent of peo- to get their people to come here. They at who they are, because this is being ple who are in that situation, but every could come here and stay in our hotels, misrepresented to exaggerate the prob- year their insurance costs more money. eat at our restaurants, and improve our My colleague was saying that is lem, to create a crisis so we can justify economy. But instead an inept govern- caused by private insurance, but let’s another government takeover of an- ment causes us to send Americans to find out the truth. Every year, these other area of our economy. stay in their hotels, eat in their res- government plans pay physicians and We say we have about 46 million un- taurants, and rent their cars. hospitals less. They pay a physician insured in America. Here is how that It is illogical for us to create a Fed- less than their costs to see a patient. breaks down. We have about 6.4 million eral tourism agency, a la Fannie Mae, And I have doctors I know back in who actually have Medicaid today, but a new government-sponsored entity South Carolina and rural areas. They they are undercounted in the census. that is going to help promote tourism, have to close their practice to new This has been proven and we know it to but it is this same kind of logic we are Medicare and Medicaid patients be- be true. We have another 4.3 million now using for health care. We are say- cause once over 60 percent of their pa- who are eligible for Medicaid or SCHIP ing we have a crisis in health care, so tients are Medicaid or Medicare, they or another government program, but therefore the government needs to get can no longer make a living. That is they haven’t signed up for it. We need more involved and to take over various happening all over the country. But to make more of an effort to get people aspects of the health care industry, you know how these costs are picked to sign up for the programs they are el- such as was just described by my col- up. The hospitals and doctors who take igible for. We have about 9.3 million league from New York. But if we look Medicare and Medicaid have to charge who are noncitizens, many of whom are at this situation a little more clearly, private insurers more money every illegal in this country, and the tax- we will see that it is the government year because every year the govern- payer should not be paying for their that is causing most of our problems ment pays doctors less. That is why health care. We have about 10 percent and not allowing the free market fewer and fewer of our best and bright- who have incomes of 300 percent or health care system to work. est students are going to medical more over poverty and they are not Let’s look at this a little bit closer school and that is why we are headed buying health care. I have had some of because there was a whole lot of misin- for a real physician shortage in this those work for me when I was in busi- formation that was just shared on the country—not because of private health ness. I would offer to pay for most of floor here today. Let’s look at health insurance but because of government their insurance. I would pay $500 a care coverage in America. You have plans. month, they would pay $50. Some peo- about 60 percent now who are in em- We have about 16 percent who have ple turn it down because they don’t ployer-sponsored plans and almost an- no coverage in our country today. want to pay $50. There are some people other 10 percent who have purchased Those are the ones whom we say we are who don’t want to buy insurance. We their own insurance on the individual concerned with right now. The govern- have some people between 18 and 34 market. So we have about 70 percent of ment requires hospitals to provide years old without insurance, and we people with private insurance. You them service whether they have any in- have 10.6 million who are uninsured. If have about 25 percent Medicare-Med- surance or money anyway, and where we look at this, at least half of these icaid and another 4 percent or so who do these costs go? They are transferred should not be subsidized by any type of are in military plans on the govern- to those who have private insurance. government plan who are not already ment side. So you have between 25 and So every year the inept government is eligible for a plan or not citizens of our 30 percent of Americans who are now in transferring huge amounts of costs country. We could look at 20 million to a government health plan. And my col- over to those employers and those indi- 25 million. league from New York was just brag- viduals who are buying private health I want to make clear that if there is ging about how well the government insurance. one person in America who doesn’t

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15857 have access to good health care, that is Folks, we don’t have to look far to that number sounds familiar, that is a crisis to them, and we need to do ev- understand what is going on. The peo- about how much money we have out- erything we can to make sure we are ple who like taking over General Mo- standing with the bailout money we fair and that affordable health care tors and Fannie Mae and Freddie Mac call TARP here in this Congress. In- policies are available to every Amer- want these government health plans to stead of them bringing this money ican. That is my goal. That is the goal be expanded all the way around this back and spending it on something of the Republican Party. circle. This is something we have to else, my proposal pays for my plan by This week—this afternoon, as a mat- stop. We can do it very simply if we use recapturing this TARP money. So as ter of fact—I am going to introduce a fairness and freedom. this bailout money comes back over plan that will solve the problem at a My plea to all Americans, and par- the next 5 years, it can pay to give fraction of the cost of what the Demo- ticularly my colleagues, is before we every American access to a plan they crats and President Obama are pro- give up on freedom in the health care can afford and own and keep. It is basi- posing. In various ways, their plan is to area, let’s let it work. That is what my cally no additional cost to the tax- expand the government option, wheth- proposal is. payer at this point over what we are al- er it is a government health plan or a This afternoon I am going to intro- ready committed for, for the bailout. government-mandated plan on the pri- duce a plan that tells every American: The choice belongs to Americans. Are vate insurance market. One way or an- If you like the plan you have, whether we going to buy this idea that a gov- other, they want to expand government it be Medicare or Medicaid or an em- ernment option is going to give us rather than expand private insurance. I ployer plan or a military plan, you more choice, more quality, more per- know this for a fact. keep it; we are not going to mess with sonal attention? Will it attract more This is my fifth year in the Senate. I it. But if you have no coverage at all, physicians into the profession? Any have introduced a lot of resolutions or if you are buying your policy on thinking American knows that isn’t that would help these people get insur- your own on the open market, we are going to happen. The ideal plans now ance, and every time my Democratic going to, for the first time, treat you are those when individuals have a plan colleagues have voted it down. We have fairly and give you the same tax break they own and can keep, they pick their had proposals for association health we give the people in the employer- own doctor, and the doctor and the pa- plans that would allow small busi- sponsored plan. tient decide what health care they are nesses to come together and buy insur- This plan does this: If you are a fam- going to get. This is within our reach. We don’t need a massive government ance at a lower price to offer their em- ily, we are going to give you a certifi- takeover of health care in order to ployees. They voted it down. I had a cate for $5,000 to buy health insurance. make health care accessible to every proposal I introduced called Health If you are an individual, we will give American. Let’s not buy this idea that Care Choice that would do what my you $2,000 a year to buy health insur- we are in such a crisis that we have to colleague from New York was talking ance. Some will scream and say, Oh, rush over the next couple of months to about, which is break up that single you can’t get a good policy for that, create another government program, State monopoly of a few health care and you can, because I have bought it another government takeover, when we plans. My plan would allow Americans for my adult children who aged out of see what happens to government-run to buy health insurance from any State my plan. health plans right in front of our eyes. My plan also includes the option for in the country. Wherever a plan is reg- It won’t work. We can’t afford it. They an individual to buy health insurance istered, certified by that State, some- are going to end up rationing care. in any State so we will increase com- one in South Carolina could buy it They are going to take employer plans, petition and lower the prices. The plan from Arizona or Colorado, and that is irrespective of what they say—if you also allows an employer to put money how most industries work in America. have a low-cost government option in a health savings account for you If I want to go across the line and buy that doesn’t pay doctors enough to see that you can use to pay for your health a car in North Carolina, I am not pro- you, you are going to see insurers drop- care or to pay the premium to support hibited to do that, but I can’t do it if it ping their health plans and you are is a health insurance plan. So we allow you to buy additional coverage with going to end up in the lap of govern- these quasi-monopolies to develop in your health insurance. We have a pro- ment whether you like it or not. every State. I have introduced a plan vision that deals with lawsuit abuse, Let’s not give up on freedom. Let’s that would allow Americans the free- and we have a provision that funds look at the facts. Have we seen any dom to buy health insurance from any high-risk pools for States so people government program, over your life- State in the country, and to a person who have high-risk conditions, unin- time or mine, that has actually done the Democrats voted it down. surable conditions, preexisting condi- what it said it was going to do at the I have introduced a plan that would tions, can buy insurance they can af- cost it said it would be done at? My allow people to use what they have in ford at the State level. colleagues know that is not true. a health savings account to pay for The estimates are by the Heritage Social Security is so important to health insurance premiums. Common Foundation that within 5 years, more seniors, and a promise we must keep. It sense, right? They voted it down. than 20 million of these uninsured— is hopelessly in debt, because this gov- The fact is this: The people who want most of them—will have private insur- ernment has spent every dime Ameri- to expand the government option do ance plans, because they can’t use cans have put in it, and there is not a not want these people to have private their health care certificate unless dime in the Social Security account to insurance, because they believe in gov- they use it to buy health insurance. pay future benefits. The same with ernment and they do not believe the I would ask my colleagues this: If we Medicare—trillions of dollars. This is a private market can keep itself ac- had the option to get everyone in an commonsense solution that every countable. But the problems we have individual or employer plan or expand American can see, if we don’t listen to with the private market now can be at- these government plans, which aren’t the misrepresentations we are starting tributed, to a large degree, to the gov- paying their way, which are transfer- to hear in this body. Every American ernment not paying its share of the ring costs to other people, and which with a policy they can afford and own costs, to the government having poli- are hopelessly in debt, which way do and keep is available to us, within our cies that keep quasi-monopolies in we go? But we can fund my plan with- reach, without any government take- every State. out one additional dollar of taxpayer over of health care. We just have to be- I have had a proposal that would money. The estimates are over the lieve that what made America great allow individuals to deduct the cost of next 10 years, getting these people in- can make health care work, and that is their health insurance, just as we allow sured with private policies, giving freedom. employers. The Democrats to a person them a $5,000 a year health care certifi- Mr. President, I yield the floor and voted it down. cate, will cost about $700 billion. If note the absence of a quorum.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15858 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 Mr. CORNYN. Mr. President, would of America, not some unsigned, unrati- between the Iran regime’s political the Senator withhold the quorum call? fied international treaty or an expan- suppression and human rights abuses, Mr. DEMINT. I withhold. sive notion of international common on the one hand, and America’s coun- The PRESIDING OFFICER. The Sen- law which Professor Koh embraces and terterrorism policies on the other ator from Texas. advocates. hand. f We know Americans don’t have a mo- Professor Koh has written: nopoly on virtue and wisdom and cer- [U.S.] criticism of Iranian ‘‘security forces KOH NOMINATION tainly we can benefit from exchanging [who] monitor the social activities of citi- Mr. CORNYN. Mr. President, I rise to ideas with other democratic countries. zens, entered homes and offices, monitored speak on the nomination of Harold Koh But Professor Koh’s notion that it is telephone conversations, and opened mail without court authorization’’ is hard to whom the President has nominated to appropriate and proper for a Federal be legal advisor to the State Depart- square with our own National Security judge to look at foreign law in deciding Agency’s sustained program of secret, ment. This is a relatively obscure but what the Constitution of the United unreviewed, warrantless electronic surveil- very important position at the State States means, and what the laws of the lance of American citizens and residents. Department. The legal advisor operates United States require, to me, is at Furthermore, the United States cannot frequently behind the scenes but on complete tension with this idea that stand on strong footing attacking Iran for such important issues as international we will uphold American values and ‘‘illegal detentions’’ when similar charges relations, national security, and in the American Constitution and Amer- can be and have been lodged against our own government. other areas. ican laws passed by our elected offi- One area that is very important is cials. We do not appropriately ask Fed- The U.S. policies that Professor Koh that the legal advisor is often the last eral judges to look at unratified trea- is criticizing were authorized by the word at the State Department on ques- ties, some notion of international com- Congress in a bipartisan fashion, and tions regarding treaty interpretation; mon law and, certainly, the laws of each of us is accountable to our con- that is, international agreements be- other countries in interpreting our stituents for the decisions we make. It is offensive to compare the policies tween countries. The legal advisor laws in the United States. of the U.S. Government with those of a often gives legal advice to the Sec- Professor Koh seems to have a dif- theocratic dictatorship that responds retary of State and the President of ferent view. He said Federal judges to criticism with brutal violence the United States during important ne- should use their power to ‘‘vertically against its own people. gotiations with other nations. We also enforce’’ or ‘‘domesticate’’ American know from experience that the legal We have heard enough moral equiva- law with international norms and for- lence regarding Iran over the last week advisor can be a very important voice eign law. in diplomatic circles, especially if he or and a half. We have heard enough He has argued that Federal judges apologies for the actions of the United she views America’s obligations to should help ‘‘build the bridge between other nations and multilateral organi- States—and enough soft-peddling of the international and domestic law the brutal suppression by the Iranian zations in a particular way, particu- through a number of interpretive tech- larly if they have strong views. regime of their own people. We don’t niques.’’ need another voice in the administra- Professor Koh has an impressive aca- Where will these ‘‘interpretive tech- demic resume and professional back- tion whose first instinct is to blame niques’’ lead us? Evan Thomas and Stu- America—and whose long-term objec- ground. He is an accomplished lawyer art Taylor asked that question in and a scholar in the field of inter- tive is to transform this country into Newsweek magazine earlier this year. something it is not. national law. Nevertheless, I do not be- They answered based on their inves- lieve that Professor Koh is the right For these reasons, I urge my col- tigation: leagues to vote no on the cloture mo- person for this job. I believe that many Were Koh’s writings to become policy, of his writings, his speeches, and other tion on this nomination. judges might have the power to use debat- I yield the floor and suggest the ab- statements are in tension with some able interpretations of treaties and ‘‘cus- sence of a quorum. very core democratic values in this tomary international law’’ to override a wide The PRESIDING OFFICER. The country. I believe that his legal advice array of federal and state laws affecting mat- clerk will call the roll. on transnational law, if taken to heart, ters as disparate as the redistribution of wealth and prostitution. The assistant legislative clerk pro- could undermine America’s sov- ceeded to call the roll. ereignty or security and our national Transnational jurisprudence is not Mr. LEAHY. Mr. President, I ask interests. the only controversial view professor unanimous consent that the order for I urge my colleagues not to take my Koh holds. Again, as a law professor the quorum call be rescinded. word for this but look for themselves and dean of Yale Law School, I under- The PRESIDING OFFICER. Without at Professor Koh’s record and consider stand law professors advocating cut- objection, it is so ordered. whether he is the right person to be ad- ting edge and, indeed, provocative legal Mr. LEAHY. Mr. President, before I vising Secretary Clinton and other dip- interpretations. But to say this is ap- begin, are we in morning business or on lomats at the State Department on propriate not in the classroom as a the Koh nomination? legal issues pertaining to our relation- teaching exercise but, rather, impor- The PRESIDING OFFICER. We are in ship with other nations and such key tant for Federal judges to do in the ex- morning business. issues. ercise of their article III powers is an f I mention this notion of entirely different notion altogether. transnational jurisprudence, which is a In 2002, Professor Koh gave a lecture SOTOMAYOR NOMINATION little arcane, but I will explain what it titled ‘‘A World Drowning in Guns,’’ in Mr. LEAHY. Mr. President, I thank is all about. Professor Koh has been an which he argued for a ‘‘global gun con- Senator MENENDEZ and Senator SCHU- advocate for transnational jurispru- trol regime.’’ MER for their outstanding statements dence, which is the idea that Federal In 2007, he argued that foreign pris- to the Senate today. As I review Judge judges should look at cases and con- oners of war held by the U.S. Armed Sotomayor’s record in preparation for troversies as opportunities to change Forces anywhere in the world—not just her confirmation hearing on July 13, I U.S. law and to make it look more like enemy combatants held at Guanta- am struck by her extraordinary career international or other foreign law. namo Bay—are entitled to the same and how she has excelled at everything I am not saying that all foreign law rights as American citizens under ha- she has done. I know how proud her is bad, but our Founders acknowledged beas corpus law as applied by our Fed- mother Celina is of her accomplish- that when we take the oath of office eral courts. ments. I was delighted to hear Laura here, we pledge to uphold and defend Perhaps most timely, Professor Koh Bush, the former First Lady, say re- the Constitution of the United States appears to draw a moral equivalence cently that she, too, is ‘‘proud’’ that

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15859 President Obama nominated a woman Federal trial judge and a Federal ap- them that when I asked Judge to serve on our Supreme Court. I recall pellate judge at the time of her nomi- Sotomayor about her approach to judg- that Justice Ginsburg said she was nation to the Supreme Court. She will ing she told me that, of course, one’s ‘‘cheered’’ by the announcement and be the only member of the Supreme life experience shapes who you are, but that she is glad that she will no longer Court to have served as a trial judge. she went on to say this: ‘‘Ultimately be ‘‘the lone woman on the Court.’’ I She will be one of only two members of and completely’’—and she used those contrast this reaction to President the Supreme Court to have served as a words—as a judge you follow the law. Bush’s naming of Justice O’Connor’s prosecutor. There is not one law for one race or an- successor a few years ago when Justice I remember well when she was nomi- other. There is not one law for one O’Connor conceded her disappointment nated to the United States Court of Ap- color or another. There is not one law ‘‘to see the percentage of women on peals for the Second Circuit by Presi- for rich and a different one for poor. [the Supreme Court] drop by 50 per- dent Clinton, and when an anonymous There is only one law. She said ulti- cent.’’ Are these women biased, or prej- Republican hold stalled her appoint- mately and completely, a judge has to udiced, or being discriminatory? Of ment for months. Finally, in June 1998, follow the law no matter what his or course not. I hope that all Americans a column in The Wall Street Journal her upbringing has been. That is the are encouraged by the nomination of confirmed that the Republican obstruc- kind of fair and impartial judging that Judge Sotomayor and join together to tion was because they feared that the American people expect. That is re- celebrate what it says about America President Clinton would nominate her spect for the rule of law. That is the being a land of opportunity for all. to fill a Supreme Court vacancy, if one kind of judge she has been. A member of just the third class at were to arise. After that Supreme For all the talk we have heard for Princeton in which women were in- Court term ended without a vacancy, years about judicial modesty and judi- cluded, Judge Sotomayor worked hard we were finally able to vote on her cial restraint from nominees at their and graduated summa cum laude, Phi nomination and she was confirmed confirmation hearings, we have seen a Beta Kappa, and shared the M. Taylor overwhelmingly. Not one word was spo- Supreme Court these last four years Senior Pyne Prize for scholastic excel- ken on the Senate floor and not one that has been anything but modest and lence and service to the university. word was inserted into the CONGRES- restrained. One need look no further Think about that. She was a young SIONAL RECORD by those who had op- than the Lilly Ledbetter and Diana Le- woman who worked hard, including posed her to explain their opposition or vine cases, or the Gross case from last during the summers, to make up for to justify or excuse the shabby treat- week, to understand how just one vote lessons she had not received growing ment her nomination had received. can determine the Court’s decision and up in a South Bronx tenement. That is It is apparent that some Republicans impact the lives and freedoms of count- why she read children’s books and are responding to the demands of con- less Americans. classics, and arranged for tutoring to servative pressure groups to oppose her The question we should be asking as improve her writing. She went on to confirmation by doing just that. The we consider Judge Sotomayor’s nomi- excel at Yale Law School, where she truth is that they were prepared to op- nation is whether she will act in the was an active member of the law school pose any nomination that President mold of these conservative activists community, served as an editor of the Obama made. Just today, a number of who have second-guessed Congress and prestigious Yale Law Journal, and as Republican Senators have come to the undercut laws meant to protect Ameri- the managing editor of the Yale Stud- Senate floor to speak against President cans from discrimination in their jobs ies in World Public Order working on Obama’s nomination of Judge Sonia and in voting, laws meant to protect two journals during her 3 years of law Sotomayor to the Supreme Court. The the access of Americans to health care school. She was also a semifinalist in Senate Republican leader, the ranking and education, and laws meant to pro- the Barrister’s Union mock trial com- Republican on the Judiciary Com- tect the privacy of all Americans from petition at the law school. Now, some mittee, and the head of the National an overreaching government. We Republican Senators have made fun of Republican Senatorial Committee have should be asking whether she will be her achievements and some seek to be- all taken a turn. the kind of Justice who understands little them. They question how she My initial reaction to their effort is the real world impact of her decisions. could be an editor without providing a to note that they have doubly dem- I know Judge Sotomayor is a re- major article that she edited. I know onstrated why a hearing should not be strained and thoughtful judge. She un- from my experience that members of delayed. In fairness, no one should seek derstands the role of a judge. Her student journals do not all edit major to delay her opportunity to respond to record is one of restraint. In fact, the articles. It is an achievement to be af- their questions and concerns and to an- cases her critics chose to highlight are filiated with the Yale Law Journal in swer their charges. As I said when I set cases in which she showed restraint any capacity. They act as if she made the hearing date after consulting with and followed the law. I hope that she is this up. If this really is a major con- Senator SESSIONS, I wanted it to be fair also a judge who understands that the cern, and they wish to ask her about it and adequate—fair to the nominee and courthouse doors must be as open to at her confirmation hearing, they can. adequate to allow Senators to prepare. ordinary Americans as they are to gov- I have never known Sonia Sotomayor To be fair to her, we need to give her ernment and big corporations. to be one who padded her resume. the earliest possible opportunity to an- I wish Republican Senators would Frankly, she does not need to. Her swer. As for preparedness, those Repub- pay less attention to the agitating achievements are extraordinary and lican critics were prepared to air their from the far right, take a less selective impressive. grievances and concerns and to discuss view of a handful of Judge Sotomayor’s She is the first nominee to the Su- her record and her cases 3 weeks before cases to paint her—inaccurately—as an preme Court in 100 years to have been the scheduled date of the hearing. activist and, instead, consider her nominated to three Federal judicial po- What they clearly demonstrated today record fairly. She has been a judge that sitions by three different Presidents. is that they are prepared to proceed Kenneth Starr has endorsed. The other Indeed, it was President George H.W. with the July 13 hearing. judges on the Second Circuit think the Bush, a Republican, who nominated I do not agree with their character- world of her, and have great respect for and then appointed her with the con- ization of her distinguished record on her judgment and judging. She is a sent of the Senate to be a Federal dis- the Federal bench, or with their nominee in which all Americans can trict court judge. She has the most mischaracterization of her manner of take pride and have confidence. She Federal court experience after 17 years judging. Judge Sotomayor’s approach has been a judge for all Americans and of any nominee to the Supreme Court to the law should be clear to all after will be a Justice for all Americans. in 100 years. She is the first nominee in a 17-year record of fairly applying the I am sorry that some critics are seek- more than 50 years to have served as a law on the Federal bench. I remind ing to caricature Judge Sotomayor and

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15860 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 mischaracterize her involvement with PRLDEF conduct its own search of its committee’s questionnaire, and for respectable mainstream civil rights or- records. Judge Sotomayor has now pro- going above and beyond what is re- ganizations. Judge Sotomayor was a vided the committee with additional quired. My review of Judge member of board of directors of the documents from this search related to Sotomayor’s record has only bolstered Puerto Rican Legal Defense and Edu- her work for PRLDEF. The record be- the strong impression she has made cation Fund, PRLDEF, now known as fore us is public and it is transparent. over the past several years. She is ex- LatinoJustice PRLDEF, from 1980 We already have a more complete pic- traordinarily qualified to serve on the until her resignation in 1992. Today, ture of Judge Sotomayor’s record than Nation’s highest court. She will bring Republican critics chose to malign we ever had of the records of John Rob- to the Supreme Court more than just PRLDEF. This is a respected organiza- erts or Samuel Alito. her first-rate legal mind and impec- tion that was founded in the early 1970s The committee did not receive 15,000 cable credentials. Hers is a distinctly with the support of Senator Jacob Jav- pages of documents related to key American story. Whether you are from its, former Attorney General Nicholas parts of Chief Justice Roberts’ career the South Bronx, the south side of Chi- Katzenbach, former New York Attor- in executive branch until the eve of the cago or South Burlington, the Amer- ney General Robert Abrams, and leg- hearings, and many of them were heav- ican Dream inspires all of us, and her endary New York County District At- ily redacted. The Bush administration life story is the American dream. torney Robert Morgenthau, who was refused to meet or even discuss the I am confident that when elevated to Judge Sotomayor’s boss when she Democrats’ narrow request for specific the highest court in the land Judge worked in his office as a prosecutor memoranda relating to 16 key cases on Sotomayor will continue to live up to after graduating from Yale Law which John Roberts worked while he Justice Marshall’s description of the School. was the principal deputy to Solicitor work of the judge. Justice Marshall It was modeled on the NAACP Legal General Kenneth Starr in the adminis- said: Defense and Educational Fund. Its mis- tration of President George H.W. Bush. We whose profession it is to ensure that sion is to develop a more equitable so- As a result, the committee had little the game is played according to the rules, ciety by creating opportunities for have an overriding professional responsi- knowledge of highly relevant parts of bility of ensuring that the game itself is fair Latinos in areas where they are tradi- John Roberts’s work as a political ap- for all. Our citizenry expect a system of jus- tionally underrepresented. It seeks to pointee in the office of ‘‘the people’s tice that not only lives up to the letter of ensure that Latinos have the legal re- lawyer’’—the Solicitor General. Be- the Constitution, but one that also abides by sources necessary to fully engage in cause John Roberts had fewer than 3 its spirit. They deserve the best efforts of all civic life. Financial support for years on the bench at the time of his of us towards meeting that end. In our day- PRLDEF comes from widely regarded nomination, these documents would to-day work we must continue to realize foundations like Ford and Carnegie, that we are dealing with individuals not sta- have provided a crucial window into his tistics. and corporate contributions from busi- qualifications. But we never received It is a pretty awesome responsibility nesses like Time Warner. These foun- them. when a Justice of the Supreme Court is dations and corporations are not rad- During the committee’s consider- nominated. Most Justices will serve ical. Neither is PRLDEF. ation of the Alito nomination, we re- long after the President who nomi- Other past directors of PRLDEF in- quested documents from Samuel nated them is gone, long after most of clude the honorable Jose Cabranes of Alito’s 6 years in the Department of the Senators who vote on that nominee the U.S. Court of Appeals for the Sec- Justice. However, the Bush administra- are gone. We have 300 million Ameri- ond Circuit, former Congressman Her- tion just days before his hearing re- cans. There are only 101 Americans man Badillo, now a senior fellow at the fused to produce 45 of the 50 opinions who get a direct say in who is going to Manhattan Institute, and former Gov- Sam Alito had written or supervised be on the Supreme Court. First and ernor of New York Hugh Carey. Jack while in the Office of Legal Counsel. foremost, the President of the United John Olivero, a former regional direc- The administration also refused to pro- States, when he makes the nomination tor of the Equal Employment Oppor- vide most of the documents he wrote to the Supreme Court, and then the 100 tunity Commission and deputy director while in the Solicitor General’s Office. Senators who either vote yes or vote of its Washington office was PRLDEF’s Indeed, in refusing our request for no. So let’s stop delegating our work to fourth president and general counsel. these documents, the Department of special interest groups. Let’s delegate The list goes on and on of distinguished Justice wrote: lawyers who have served in leadership our work to ourselves. Let’s do what Judge Alito has sat on the federal appel- we are paid to do. Let’s do what we capacities at PRLDEF. late bench for more than 15 years, and his de- One of PRLDEF’s core missions is in- cisions in that capacity represent the best have been elected to do. creasing diversity in the legal profes- evidence of his judicial philosophy and of the This is a historic nomination. It sion. To that end, PRLDEF mentors manner in which he approaches judicial deci- should unite the American people and youth from all backgrounds, assisting sion-making. unite the 100 of us in the Senate who them in completing their law school I do not recall a single Republican will act on their behalf. It is a nomina- applications, mentoring them through- saying that we did not have a complete tion that keeps faith with the words out law school, and supporting them record to consider those nominations engraved in Vermont marble over the during their years as young lawyers. of President Bush to the Supreme entrance of the Supreme Court: ‘‘Equal Thousands of attorneys, including Court even though there were signifi- Justice Under Law.’’ Mr. President, I suggest the absence prominent civic, government, and cor- cant gaps in the records. We should not of a quorum. apply a double standard to the nomina- porate leaders, credit PRLDEF for The PRESIDING OFFICER (Mr. helping them realize their dreams of tion of Sonia Sotomayor. KAUFMAN). The clerk will call the roll. becoming lawyers. We have Judge Sotomayor’s record The assistant legislative clerk pro- We all know about this part of Sonia from the Federal bench. That is a pub- ceeded to call the roll. Sotomayor’s life because she disclosed lic record that we had even before she Mr. SANDERS. Mr. President, I ask her board membership and status as an was designated by the President. Judge unanimous consent that the order for officer in response to the Judiciary Sotomayor’s mainstream record of ju- the quorum call be rescinded. Committee’s questionnaire. We know dicial restraint and modesty is the best The PRESIDING OFFICER. Without about it because Judge Sotomayor not indication of her judicial philosophy. objection, it is so ordered. only reviewed her own records to pro- We do not have to imagine what kind f vide documents from her time at of a judge she will be because we see PRLDEF, but she also went above and what kind of a judge she has been. HEALTH CARE beyond what the bipartisan question- I thank Judge Sotomayor for her Mr. SANDERS. Mr. President, I naire called for and asked that quick and complete answers to the think most Americans understand that

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15861 our current health care system is dis- country has problems. But the reality more instances, you know what em- integrating. Today, 46 million Ameri- is that we are spending almost twice as ployers are saying? Sorry, can’t do it cans have absolutely no health insur- much per capita on health care as any anymore; we are not going to provide ance, and even more are underinsured, other nation. We should be doing far any health care coverage to the work- with high deductibles and high copay- better in terms of health care out- ers. ments. At a time when 60 million peo- comes than every other country on What we are looking at is a situation ple, including many with insurance, do Earth, and that is certainly not the which is disastrous for millions of not have access to a medical home—do case. The reality is we are spending Americans on a personal level, and dis- not have access to a doctor of their close to $2.7 trillion on health care, astrous for our economy, making us own—close to 20,000 Americans die which is 18 percent of our GDP, and the uncompetitive with countries all over every single year from preventable ill- skyrocketing cost of health care in the world that have a national health nesses because they do not get to a America is unsustainable both from a care program. doctor when they should. This is six personal point of view and a macro- There is one other point that should times the number of people who died economic point of view. be made and that we don’t talk about during the tragedy of 9/11, but these At the individual level, the average very often. Nobody knows what the deaths occur every single year. American today is spending about exact figure is, but there are some esti- I can vividly recall talking to physi- $7,900 per year on health care. Do you mates that as many as 25 percent of cians from Vermont—and I am sure the believe that? How many people do you American workers are staying at their same is the case in Delaware and every know in Delaware who are making jobs today. You know why they are other State in this country—who told $25,000, $30,000 a year who are spending staying at the job they are at today? It me that patients walked into their of- $8,000 a person on health care? That is is not because they want to stay at their job. They are staying in their job fice very sick, and they would say: Why beyond comprehension. because they have a good health insur- didn’t you come in here before? You Here is an important point to make. ance policy which covers themselves are very ill. And they said: Well, I Despite this huge outlay, a recent study found that medical problems and their families. didn’t have any insurance. I didn’t Stop and think from an economic contributed to 62 percent of all bank- want charity. I thought I would get point of view, from a personal point of ruptcies in the year 2007. That means better. view: Does it make sense that millions By the time people ended up walking that this year there will be approxi- of people are tied to their jobs simply mately 1 million Americans who are in the door, their situation was so bad because they have decent health insur- going bankrupt because of medically that the doctors lost those patients— ance policies? What sense does that people who should not have died. This related problems. Stop and think: a make? is happening close to 20,000 times every million Americans going bankrupt be- It is important—and I am sorry to single year in this country. cause they can’t pay their medical say we don’t do this enough—to ask a Recently, the Boston Globe had a big bills. very simple question: How could it be story—and this is in the State of Mas- On a personal level, what does it that, according to the OECD in 2006— sachusetts, which supposedly has uni- mean? Imagine dealing with cancer, the best statistics that we have—the versal health care—which reported dealing with diabetes, dealing with United States spent $6,700 per capita on that patients with chronic illnesses, heart disease, and at the same time health care—we are now spending such as diabetes and heart disease, having to stress out and worry about more—Canada spent $3,600, and France were not taking their medicines or not how you are going to pay the bill. I am spent $3,400? France spends about one- getting the treatments they needed be- not a doctor, but I can’t help believing half of what we spend per capita, and cause they couldn’t afford the 25-per- that it doesn’t make one’s recovery most international observers say that cent copay. Yet Massachusetts has al- process any better when you are sitting the French system works better than most everybody covered. around wondering whether you are our system. So as we plunge into So when we talk about the health going to go bankrupt. We are the only health care reform, it would seem to care crisis, it is not just the number of country in the entire world—the entire me the very first question we should people who have no health insurance, it industrialized world—where people are ask ourselves is: How do the French, is people who are underinsured. When worrying about having to go bankrupt among others, spend one-half of what you add that together, we have huge because they committed the crime of we are spending and get better out- numbers of people who are not getting getting sick. This is unacceptable, and comes than we do? the medical care they need when they we as a nation can and must do much In terms of how people feel about need it. The result is not only personal better than that. their own systems, according to a five- suffering, the result is that they end up That is from the personal point of nation study in 2004 by the well-re- going to the emergency room, costing view. What about the macroeconomic spected Commonwealth Fund, despite the system far more than it should or point of view, the business perspective? paying far more for our health care, it they end up in the hospital at a highly Well, we know that large corporations, turns out that, based on that study, inflated medical cost. This makes zero such as General Motors, for example, Americans were far more dissatisfied sense and is a manifestation of a dys- having so many economic problems, than the residents of Australia, Can- functional health care system. spends more on health care per auto- ada, New Zealand, and the UK about In the midst of all of this, somebody mobile than they do on steel. That is a the quality of care they received. In may say: Well, you have 46 million un- big corporation. We also have small that poll, one-third of Americans told insured, you have more underinsured, businesses in the State of Vermont and pollsters that the U.S. health care sys- people are dying needlessly, but at around the country that are forced to tem should be completely rebuilt—far least you are not spending a lot of divert hard-earned profits into health more than the residents of other coun- money. If you bought an old broken coverage for their employees rather tries. Does that mean to say they do down car and you started complaining than into new business investments. not have problems in Canada or the that it doesn’t work well, I would say That is what they are faced with: Do United Kingdom? Of course they do. to you: Hey, what do you expect? You they spend the money growing their Their leaders are arguing about their didn’t spend a whole lot on your car. business or do they provide health in- systems every single day. But accord- The reality is—and this is an impor- surance to their workers? ing to these polls, more people in our tant point to make, because people say Because of rising costs, it is no secret own country were dissatisfied about that Canada has problems. Canada does that many employers, many busi- what we are getting, despite the fact have problems. They say the United nesses, are cutting back on the level of that we spend, in many cases, twice as Kingdom has problems. Sure, they have their coverage, and passing more of the much as what other countries are problems. France has problems. Every cost on to their workers. In more and spending.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15862 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 It seems to me, as the health care de- private health insurance company is the understanding we have always had bate heats up—and we hope more and not—underline ‘‘not’’—to provide in this country as to what sovereignty more Americans are involved in this health care to people, it is to make as really means. debate—that we as a nation have to much money as possible. In fact, every As Legal Adviser to the State De- ask two fundamental questions. In one dollar of health care that is denied a partment, Koh would be advising the sense, this whole issue is enormously patient, an American, is another dollar Secretary of State on the legality of complicated. There are a thousand dif- the company makes. U.S. action in the international forum ferent parts to it. On the other hand, it With 1,300 private insurance compa- and interpreting and advocating for really is not so complicated. The two nies and thousands of different health international law and treaties. The sig- basic questions are, No. 1, should all benefit programs designed to maximize nificance of this position and its effect Americans be entitled to health care as profits, private health insurance com- on our sovereignty and security should a right and not a privilege—which is panies spend an incredible 30 percent of not be understated. Koh is a self-pro- the way, in fact, every other major each health care dollar on administra- claimed transnationalist. Adherents to country treats health care. Should all tion and billing, exorbitant CEO com- this school of thought believe inter- Americans be entitled to health care as pensation packages, advertising, lob- national law is equal to or should take a right, universal health care for all of bying, and campaign contributions. precedence over domestic law and our people? Aren’t we all delighted to know our international court rulings have equal That, by the way, of course, is the health care dollars are now circulating authority to the decisions of a rep- way we have responded for years to po- all over the Halls of Congress, paying resentative government. That is very lice protection, education and fire pro- outrageous sums of money to lobbyists, significant. I know he actually believes tection. We take it for granted that making sure we do not do the right this and he adheres to this school of when you call 911 for police protection, thing for the American people? Public thought, that international law is the dispatcher does not say to you: programs such as Medicare and Med- equal to or should take precedence over What is your income? Do you have po- icaid and the Veterans’ Administration domestic law. Koh’s transnational lice insurance? We can’t really come are administered for far, far less than principles could have serious implica- because you do not have the right type private health insurance. tions on U.S. sovereignty, especially of insurance to call for a police car or Let me conclude by saying that I un- regarding the authorization of the use to call for a fire truck. When your kid derstand that the power of the insur- of force in the prosecution of the war goes to school, we take it for granted ance companies and the drug compa- on terror, gun rights, abortion, and that no one at the front desk of a pub- nies, the medical company suppliers— many other issues. lic school says: Sorry, you can’t come the medical equipment suppliers—is so Koh believes a nation that goes to in, your family is not wealthy enough. significant, so powerful that we are not war should have—must have United What we have said for 100 years is that going to pass a single-payer, Medicare- Nations Security Council authority, every kid in this country is entitled to for-all program. But at the very least, going as far as writing that the United primary and secondary school because what polls overwhelmingly show is States was part of an ‘‘axis of disobe- they are Americans and we as a nation that the American people want a dience’’ by invading Iraq—or should we want them to get the education they strong, Medicare-like public option in say by liberating Iraq. deserve. Every other major country on order to compete with the private in- In October of 2002, Koh wrote: Earth has said that about health care surance companies. That is the very I believe . . . that it would be a mistake as well. Yet we have not. least we can and must do for the Amer- for our country to attack Iraq without ex- I think right now and I think what ican people. plicit U.N. authorization, because such an the last Presidential election was all I yield the floor. attack would violate international law. about is most Americans do believe all The PRESIDING OFFICER. The Sen- Additionally, he supports ratification of us are in this together and all of us ator from Oklahoma. of the International Criminal Court, are entitled to health care as a right of Mr. INHOFE. Mr. President, I ask which could subject our troops to pros- being Americans. unanimous consent that I be recog- ecution in a foreign court. The second question we have to ask nized as in morning business for such Implementation of this interpreta- is, if we accept that, if we assume all time as I may consume. tion of international law raises a num- Americans are entitled to health care, The PRESIDING OFFICER. Without ber of alarming questions. If the United how do you provide that health care in objection, it is so ordered. States is required to gain U.N. author- a cost-effective way? There are a lot of f ity for military action, what punitive ways you can provide health care to all actions might the United States be KOH NOMINATION people. You can continue to throw subjected to if it unilaterally uses pre- money at it. Mr. INHOFE. I do have a couple of emptive force? Would our Navy SEALs The PRESIDING OFFICER. The Sen- comments to make concerning the re- have had to wait for authorization ator has consumed 10 minutes. marks by my good friend from from the international body before res- Mr. SANDERS. I ask unanimous con- Vermont. I will do that at the conclu- cuing the American being held hostage sent for 5 more minutes. sion of another subject I feel some pas- off the Horn of Africa? I think 99 per- The PRESIDING OFFICER. Without sion about, and that has to do with the cent of American people said they objection, it is so ordered. nomination of Harold Koh by President should have that authority and we Mr. SANDERS. You can continue to Obama. He is nominee for the position should not have to go to any kind of an throw billions and billions of dollars of Legal Adviser to the State Depart- international court. into a dysfunctional system. That is ment. I don’t know where this obsession has one way you can do it. I don’t think I understand cloture has been filed on come from that nothing is good unless that makes a lot of sense. Harold Koh. I wanted to come to reg- it is international anymore. I think the evidence suggests that if ister my strong opposition and assure In 1992, George Will said: we are serious about providing quality the American people that their rep- There may come a time when the United health care to every man, woman, and resentatives in Congress are not going States will be held hostage to . . . the idea child in a cost-effective way, then our to let this nominee sail through unop- that the legitimacy of U.S. force is directly country must move to a publicly fund- posed and to let them know there are proportioned to the number of nations ed, single-payer, Medicare-for-all ap- some of us here in the Senate who will condoning it. proach. Our current private health in- require full and extensive debate before That was back in 1992, and this is surance system is the most costly, this nominee receives a vote. I think in what is happening today. I hope that wasteful, complicated, and bureau- doing so you almost have to ask the day never comes. The decisions made cratic in the world. The function of a question as to what ever happened to to protect our great Nation should not

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15863 be made by members of an inter- cause he will be in the State Depart- United States, you will look and you national body but by men and women ment advising on international law. On will see a very large population of pa- who are elected by the people of these the contrary, he wants to use inter- tients from Canada who are there; pa- United States. national law to restrict constitutional tients who have been told: Well, yes, Equally concerning is Koh’s treat- freedoms in this country. you have breast cancer. But because ment toward Department of Defense re- In his position, he will have the you are at a certain age, we are not cruiting efforts. In October of 2003— power to advise the administration and able to operate on you. If we do, it is some of us remember this—Koh led a to testify before the Senate about what going to be a waiting period of some 18 team of Yale law faculty in filing an reservations might be needed when months. At the end of that time, of amicus brief in support of a lawsuit ratifying a treaty to protect constitu- course, the patient is going anyway. against the U.S. Department of De- tional freedoms. However, he has a his- We are talking about, in this coun- fense, claiming the Solomon amend- tory of advocating for treaties without try, we need to do something about it, ment was unconstitutional. The Su- conditions. He cannot be trusted to ex- about the way we have been running preme Court rejected Koh’s arguments press reservations with treaties that I our health care system. I think im- unanimously. That was at a time when believe will negatively impact every- provements can be made. I remember there were very few things that were day Americans. one time the first lithotripter was unanimous in the Supreme Court. He The fact that he is in the State De- used, I believe, in a hospital in my was rejected unanimously. partment doesn’t make him safe, it State of Oklahoma, in Tulsa, OK, at St. Writing for the Court, Justice Rob- makes him more dangerous. This is ex- Johns Hospital. erts stated: actly where, with the possible excep- That was a technique where you Nothing about recruiting suggests that law tion of the Supreme Court, he wants to could submerge a patient and dissolve schools agree with any speech by recruiters, be. This is not an accident. It is his different things that were within them, and nothing in the Solomon amendment re- strategy. He realizes he cannot achieve kidney stones and that type of thing. stricts what the law schools may say about his goals through legislation, so he has However, they could not use it. So they the military’s policies. turned to international law. If he can had to surgically and very invasively Further, Koh supports accession to establish that international law is operate on people and cut them open to the International Criminal Court, the binding on the United States, regard- remove these things that could other- United Nations Convention on the Law less of whether the Senate has ratified wise have been dissolved. of the Sea Treaty, the United Nations the treaty in question, activists can But the problem was, we have, in our Convention on the Rights of the Child, avoid Congress and work the issue Medicare system, a lot of people who and the Inter-American Convention through the courts. are making medical decisions who are Against Illicit Manufacturing of and If you believe the second amendment not qualified. So we have a lot of im- Trafficking in Firearms. What is this confers an individual right to bear provements that need to be made. But CIFTA that has been promoted by arms on the American people, then I by adopting a system that has been a President Obama? That is that we yield urge you to reaffirm that principle by failure everyplace it has been tried, to an international group in terms of voting against Harold Koh. If you be- whether it is Sweden or Great Britain how we manufacture and distribute lieve our Nation should not be sub- or Canada, is not something we are pre- weapons in this country. jected, by a variety of treaties, to pared to do in this country. I know the All of these treaties would greatly threats to our national sovereignty and effort is out there, and they are going impact the lives of everyday Ameri- American way of life, I urge you to re- to make every effort to see that that cans and would require the United affirm those values by voting against happens. We are going to make sure States to alter its domestic law to the nominee. that does not happen. meet their respective parameters. I mentioned several international I yield the floor. In 2002, Koh spoke at Fordham Uni- treaties he has promoted. It is not just The PRESIDING OFFICER. The Sen- versity Law School about a ‘‘World confined to our second amendment ator from Ohio. Drowning in Guns.’’ That gives an indi- rights, it is everything else. The basis Mr. BROWN. Mr. President, I know cation where he is coming from. His of his influence in these areas is that that most of my colleagues seem to speech was published in the Fordham somehow international law should have enjoy the government health care plan Law Review. Koh’s topic was the inter- precedence over our laws. This is some- of which they are a member. I am al- national arms trade, but, as usual, his thing we have been in trouble with for ways surprised when I hear my col- analysis had serious domestic implica- a long period of time. Every time we leagues, first of all, almost all of whom tions. Koh wrote that American legal yield to the United Nations, we end up are on the government health insur- scholars should pursue ‘‘the analysis with a very serious problem. I have ance plan, talking about the govern- and development of legal and policy ar- talked to a number of our troops over- ment not providing a decent health guments regarding international gun seas who are very much concerned care plan. controls’’ through constitutional re- about being subjected to the inter- I particularly am intrigued when I search on the second amendment. In national court. hear my colleagues say it is a dismal other words, Koh believes the best way Let me make one comment before I failure anywhere else in the world. I to regulate guns in America is through yield back any remaining time, and am not proud of this, as I stand on the international law, through a global gun that is on the subject that was dis- floor of the Senate, but I know we control regime. cussed by the Senator from Vermont. spend twice what almost any other As Legal Adviser, Koh would be in a f country does in the world on health position to pass judgment on whether a care. proposed treaty would raise legal HEALTH CARE I also know that in the rankings, issues for the United States, including Mr. INHOFE. It is easy to say, and based on the rankings of various kinds issues related to the second amend- people will applaud when they say: You of health care indexes, maternal mor- ment. He would, therefore, be able to are going to end up getting something tality, infant mortality, life expect- endorse treaties that could be used by for nothing. You are going to get an ancy, immunization rates, the United the courts to restrict the individual education for nothing. You are going to States ranks near the last among the right to keep and bear arms—an idea get a college education. You are going rich industrialized countries. he is clearly and openly in favor of. It to get health care for nothing. That But in one category, the United is simply not true to say that his be- sounds real good. Someone has to pay States of America rates almost first liefs about gun control—this is what for all this stuff. among the rich industrialized coun- some people say—the second amend- I suggest that if you go up to the tries; that is, life expectancy at 65. If ment right, doesn’t really matter be- Mayo Clinic in the Northern tier of the an American gets to the age of 65, yes,

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15864 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 we do have some of the best health care There is hardly an American alive insurance costs simply are too high. in the world because everybody has the who has private health insurance that Around the Nation, middle-class Amer- opportunity to join Medicare. And 99 does not think they have been mis- icans are talking about how public percent of our society’s elderly, 99 per- treated from time to time by their in- health insurance options are needed to cent-plus, belong to Medicare. surance company. help provide economic stability for When I hear my colleagues, most of Bringing more competition to the in- their families. whom are on the government health insurance market with a public health As we debate reform, we cannot for- surance plan paid for by taxpayers, insurance option—whether you take it, get that millions of Americans are de- saying that government cannot do whether you stay in your private pending upon us, us in this Chamber, health insurance in pointing to other health insurance, your choice or you go and our colleagues on the other end of countries saying it is a failure every- unto the public health option, again the building, depending upon us to do where else, I look at them a little quiz- your choice, some Medicare lookalike, the right thing. zically, because when I hear—when I you can make that choice. We should listen to people such as talk to a Canadian, they have to wait But the existence of both of them Darlene, a school nurse from Cleveland. too long, they underfund their system. will make them both better. It will Darlene treats students who come from But I do not see Canadians repealing make the public health insurance economically distressed neighborhoods, their health care law because they are Medicare lookalike option better, it who lack access to healthy food, who unhappy with it. I do not see the Brits will make private insurance better, be- lack access to safe recreation. Her stu- doing it, I do not see the French or the cause, what? Presto. It is American dents struggle in school because they Germans or the Japanese or the competition. It is what works. are worried about a sick parent or Italians. They spend less than we do, But every time meaningful health grandparent who cannot afford health and they have higher life expectancies, care reform has been debated over the care. they have a lower maternal mortality last six decades, we have heard mis- Darlene wrote to me describing that rate, lower infant mortality rates. leading shouts from conservatives, one student has asthma and has a heart So maybe we can learn something. from insurance companies, from the condition. This is a grade school stu- That being said, health care reform—I American Medical Association. dent. But she does not have an inhaler They say government takeover. They am right now working across the street because her parents are unemployed say bureaucratic redtape. They say so- and they lack health insurance. She with Chairman DODD and Senator cialized medicine. We heard it in 1949, has asthma attacks, but she does not COBURN and others in both parties writ- after President Harry Truman was first ing health care legislation. have an inhaler because her parents elected. He had been President for al- Health care reform, first and fore- simply cannot afford it. most 4 years after succeeding President We are not going to pass a public most, is about protecting what is work- Roosevelt. health insurance option? ing in our system—there is much that President Truman called for health At a time when too many Americans works well in our health care system— insurance reform. They said it was so- are struggling to pay health care costs, and fixing what is broken in our sys- cialized medicine. We heard it even the public health care option will make tem. That is, in a nutshell, what we are back in the early 1930s, when Franklin health insurance more affordable. Our doing. We are working to protect what Roosevelt was creating Social Secu- Nation spends more than $2 trillion—$2 works in our health care system. We rity, thought about creating ‘‘health trillion—that is 2,000 billion dollars. need to fix what is broken. It is about security’’ at the same time, a Medi- Mr. President, if you had $1 billion, if giving Americans the choices in the care-like program. He backed off be- you spent $1 dollar every second of health care they want. cause of the opposition of the Amer- every minute of every hour of every It is about providing economic sta- ican Medical Association because he day, it would take you 31 years to bility for millions of middle-class fami- knew they would say ‘‘socialized medi- spend that $1 billion. lies in Ohio and around the Nation, in cine.’’ We spend on health insurance 2,000 Delaware and other States, the Pre- Then they said it a decade and a half billion dollars, 1 trillion. Think how siding Officer’s State. later when Harry Truman was Presi- much that is. Yet too many of our citi- I know an awful lot of people, a huge dent. Then another decade and a half zens are only a hospital visit away number of people in our country, say: later, as you know, they, again, the from a financial disaster. We cannot af- You know, I am pleased with the doctors and the insurance companies ford to squander this opportunity for health insurance I have. It works pret- and the conservatives and many in the reform. We cannot settle for marginal ty well. The copays may be a little too Republican Party and both Houses, improvement. Instead, we must fight high, the deductibles may be too high, again, said ‘‘socialized medicine,’’ for substantial reforms that will sig- I argue with insurance companies more when we were passing Medicare. nificantly improve our health care sys- than I would like to. So they are gen- We know Medicare is not socialized tem. erally happy. We want to protect what medicine. You have your choice of doc- Remember, it is about protecting is working. tor, your choice of hospital, your what works and fixing what is broken. But an awful lot of families know choice of providers. Medicare is the That is why we must make sure a pub- they are a pink slip and an illness away payer, the government serves as the in- lic health insurance option is available from bankruptcy. A whole lot of fami- surance company. That is not social- for Americans, not controlled by the lies know they are watching their ism. That is just a program the Amer- health insurance industry. We must health care disintegrate or at least de- ican people love. preserve access to employer-sponsored cline. They are seeing copays go up. We hear these same kinds of things coverage for those who want to keep They are seeing drug coverage scaled now. We hear about a public health in- their current plan. But that is not back. They are seeing their dental care surance option. We hear it is socialism, enough. Give Americans the choice to and their vision care eliminated be- a government takeover, it is bureau- go with a private or public health in- cause their employers cannot afford it. cratic redtape. Yet at the kitchen ta- surance plan and let them compete So, again, we have to protect what bles of middle-class homes in Toledo with each other. It is good policy. It is works, we need to fix what is broken. and Dayton and Akron and Gallipolis common sense. A public insurance op- A part of economic stability for and Zanesville and Mansfield and Lima tion will make health care affordable health care is the public health insur- in my State, hard-working families are for small business owners such as Chris ance option. It is an option. A public talking about using mortgage pay- from Summit County. health insurance option would expand ments to pay for a sick child’s health Chris writes that his small business health insurance choices available to care treatment. is struggling to keep up with rising Americans. It would increase competi- Small business owners are talking health insurance costs for his employ- tion in the health insurance market. about cutting jobs because health care ees. He is getting priced out of the

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15865 market. Chris explains how a public I yield the floor, and I suggest the ab- paramount in how we deal with the health insurance option would help re- sence of a quorum. rest of the world. Of course, that does duce the cost to his small business and The PRESIDING OFFICER. The not mean that we don’t try to support provide the employees the health care clerk will call the roll. other countries as best we can, but the they need that he so much wants to The bill clerk proceeded to call the fact is, the role of the Federal Govern- provide to his employees whom he roll. ment is to protect and defend our peo- cares about, whom he knows are pro- Mr. DEMINT. Mr. President, I ask ple and our interests. So we need to ductive, who help him pay the bills. unanimous consent that the order for make sure this key adviser to our Chris wants me and other Members of the quorum call be rescinded. State Department and our inter- the Senate to push for real change for The PRESIDING OFFICER. Without national relations believes those prin- the health care system that helps objection, it is so ordered. ciples. small business owners and workers f Many of Mr. Koh’s supporters claim alike. that the allegations that have been KOH NOMINATION A public health insurance option voiced against him, such as under- would also make insurance affordable Mr. DEMINT. Mr. President, I rise mining the Constitution, are unjusti- for Americans struggling when life today, regretfully, to oppose the nomi- fied. However, Mr. Koh’s own writings throws them a curve, such as Karen nation of Harold Koh to be the State suggest otherwise. For example, in a from Toledo. She wrote to me explain- Department legal adviser. It is hard to 2004 law review article titled ‘‘Inter- ing how she now takes care of her adult do because in meeting Mr. Koh, I cer- national Law As Part Of Our Law,’’ Mr. son who is suffering from advanced MS. tainly enjoyed him. I have friends back Koh states: Over the course of the last 5 years, her in South Carolina who know him. He is U.S. domestic courts must play a key role son lost his small business, lost his in- certainly a very likable person. But his in coordinating U.S. domestic constitutional surance, then was diagnosed with pro- nomination to this important position rules with rules of foreign and international gressive MS. They spent years meeting requires some scrutiny about what his law, not simply to promote American aims with specialists, dealing with insurers, philosophy is when it comes to the but to advance the broader development of a fighting for care. United States and our international well-functioning international judicial sys- agreements and the sovereignty of our tem. In Justice Blackmun’s words, U.S. All the while, Karen dropped out of courts must look beyond narrow U.S. inter- her Ph.D. program because her savings country. ests to the ‘‘mutual interests of all nations were depleted and she needed to take I oppose Mr. Koh’s nomination for in a smoothly functioning international care of her son and she had no one else many reasons, and most important of legal regime’’ and, whenever possible, should to turn to. these is my belief that if confirmed, he ‘‘consider if there is a course of action that And we are not going to pass a public will work to greatly undermine the furthers, rather than impedes, the develop- health insurance option? principles of sovereignty that I believe ment of an ordered international system.’’ The public health insurance option all Americans expect of our Federal Certainly we want good relations would offer American workers and fam- Government. with countries all over the world, and ilies such as Karen and her son afford- Let me talk a little bit about his role we are looking at making treaties of able, transitional insurance if you lose and what that would be if he is con- various kinds, but an idea of a smooth- your job and lose your insurance. We firmed as the legal adviser to the State ly functioning international legal re- cannot let the health insurance indus- Department. gime, when it subordinates the inter- try dictate how the health care system According to the State Department’s ests of the American legal regime, works or limit the coverage option Web site, the legal adviser would fur- should cause all of us to stop and Americans deserve. nish ‘‘advice on all legal issues, domes- think. Our protection, our prosperity, Anyone who has had to shop for indi- tic and international, arising in the our defense—everything we are as a vidual health coverage knows how ex- course of the department’s work and country—depends first on our sov- pensive it can be, even if you are eligi- negotiate, draft, and interpret inter- ereignty, as does our support of other ble, such as Peter from Cincinnati. national agreements involving peace nations depend on our sovereignty. Peter retired after a successful career initiatives, arms control discussions, This idea of a global world order of as an architect, where he enjoyed very and private law conventions on sub- some kind is frightening to many peo- good health care coverage. After he re- jects such as judicial cooperation in ple, including myself. tired, he thought he would have no recognition of foreign judgments.’’ It appears Mr. Koh is reinterpreting problem affording private health insur- On a daily basis, Mr. Koh will also our own Constitution to comply with ance coverage. But despite never filing advise our government on a variety of rules of foreign and international law a claim, his premiums and his Federal legal issues that he believes af- instead of first protecting and defend- deductibles kept rising, forcing him to fect international law and our foreign ing our Constitution and seeing how we buy a second policy. And merely 2 relations. He will determine positions can interface with other governments. weeks after total knee replacement the United States should take when Frankly, this statement should fright- surgery, his secondary insurer dropped dealing with international bodies and en American citizens who believe in him and left him with a bill of $27,000. in international conferences, and coun- upholding our Constitution, and I hope Peter asked that we fix what is broken. sel administration officials on inter- it will get the attention of my col- And we are not going to pass a public national negotiations, treaty interpre- leagues. Certainly the President has health insurance option? tations, and treaty implementations. the right to nominate anyone he That is what we are here to do. Mil- As we move forward in the future as wants, but it is our role as the Senate lions of Americans are demanding a a country, one of the biggest debates to provide advice, and in this case I public health insurance option that in- we are going to have is what role does think disclosure to the American peo- creases choice for all Americans and American sovereignty play in the ple, of this nominee and how he might provides economic stability for our Na- world and how important is it, and direct our State Department activities. tion’s middle-class families. The sto- there is a difference of philosophy here In 2002, in a hearing before the Sen- ries of Darlene, Chris, Karen, and Peter in Washington today. ate Committee on Foreign Relations, must guide this administration and So as we review this nomination, it is Mr. Koh testified in support of ratifica- must direct this Congress to protect very important to us, particularly Re- tion of the United Nations Treaty on and provide health care for all Ameri- publicans, that we start from the foun- the Convention of the Elimination of cans. dation in our State Department that All Forms of Discrimination Against Health care reform is about pro- we will act in the best interest of our Women. Not only did Mr. Koh testify in tecting what works and fixing what is country and the American people, and support of ratifying this treaty, he op- broken. that our interests as a country are posed any conditions to ratification of

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.000 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15866 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 the treaty, even those proposed by the registries, giving nongovernmental or- fend our Nation from harm, we must Clinton administration. This included ganizations, such as the International get United Nations approval or our ac- the very important condition stating Action Network on Small Arms, power tions are illegal. This is an incredible that the treaty is not self-executing; to monitor government compliance position for the chief legal adviser to that it has no domestic legal effect ab- with international gun control and the State Department to adhere to. sent an act of Congress. stronger domestic regulation. Some may argue that Mr. Koh’s posi- Our rules here are that the President In a May 4 column in Human Events, tion on the Iraq war is merely a prin- can sign a treaty, but it has to be rati- Brian Darling of the Heritage Founda- cipled liberal position. However, his be- fied here in the Senate before it is exe- tion writes: lief that countries—— cuted. To insist that once this is Koh advocated an international ‘‘marking The PRESIDING OFFICER. The Sen- agreed to by the administration it be- and tracing regime.’’ He complained that the ator has spoken for 10 minutes. comes self-acting violates those prin- ‘‘United States is now the major supplier of Mr. DEMINT. Mr. President, I ask ciples. small arms in the word, yet the United unanimous consent for 1 more minute Mr. Koh also claims that allegations States and its allies do not trace their newly to conclude. by those who opposed the treaty due to manufactured weapons in any consistent The PRESIDING OFFICER. Without way.’’ Koh advocated a United Nations gov- its promotion of abortion, the legaliza- objection, it is so ordered. erned regime to force the U.S. ‘‘to submit in- Mr. DEMINT. Mr. President, I en- tion of prostitution, and the abolish- formation about their small arms produc- courage my colleagues to look at the ment of Mother’s Day are untrue. How- tion.’’ record. Mr. Koh has a very winsome ever, one only needs to look at the Dean Koh supports the idea that the personality, which I appreciate, but the policies issued by the committee—the United Nations should be granted the power record gives us many reasons for con- United Nations body charged with to ‘‘standardize national laws and procedures cern that the State Department may monitoring countries’ compliance with with member states of regional organizations.’’ Dean Koh feels that the U.S. should not be acting in the best interests of their legal obligations under the trea- ‘‘establish a national firearms control sys- our country under his legal counsel. ty—to know that Mr. Koh’s claims are tem and a register of manufacturers, traders, I thank the Chair, and I yield the untrue. importers, and exporters’’ of guns to comply floor. For example, on May 14, 1998, the with international obligations. This regu- The PRESIDING OFFICER. The ma- committee interpreted the treaty to re- latory regime would allow the United Na- jority leader. quire that ‘‘all states of Mexico should tions members such as Cuba and Venezuela review their legislation so that, where and North Korea and Iran to have a say in f necessary, women are granted access to what type of gun regulations are imposed on UNANIMOUS CONSENT REQUEST— rapid and easy abortion.’’ American citizens. H.R. 2918 In February 1999, the same com- This is not constitutional govern- Mr. REID. Mr. President, I ask unan- mittee criticized China’s law criminal- ment in America. imous consent that the Senate now izing prostitution and recommended Taken to their logical conclusion, Dean proceed to the consideration of Cal- that China take steps to legalize it. Koh’s ideas could lead to a national database endar No. 84, H.R. 2918, which is the This does not represent American of all firearm owners, as well as the use of international law to force the U.S. to pass legislative branch appropriations bill; values. laws to find out who owns guns. All who care that once the bill is reported, the com- Also, in February 2000, the com- about freedom, should read his speech. Sen- mittee substitute amendment which is mittee made the following outrageous ators need to think long and hard about at the desk and is the text of S. 1294, as statement regarding Belarus’s celebra- whether Koh’s extreme views on inter- reported by the Senate Appropriations tion of Mother’s Day: national gun control are appropriate for Committee, be considered and agreed The Committee is concerned by the con- America. to; that the bill, as thus amended, be tinuing prevalence of sex-role stereotypes Let me cover a couple of other considered original text for the purpose and by the reintroduction of such symbols as things. This one is about the Iraq war. of further amendment, provided that a Mothers’ Day and a Mothers’ Award, which Mr. Koh published a commentary in points of order under rule XVI be pre- it sees as encouraging women’s traditional the Hartford Courant on October 20, roles. served; provided further that points of 2002, entitled ‘‘A Better Way to Deal order under the Budget Act and budget As these former Soviet republics, With Iraq.’’ Here is an excerpt from resolutions be preserved to apply as countries all over the world, are look- that article. provided in those measures. ing to America for guidance as they de- I believe that terrorism poses a grave The PRESIDING OFFICER. Is there velop their democracies and institu- threat to international peace and security. I objection? tions of freedom, these kinds of state- lost friends on September 11 and have shared Mr. DEMINT. Reserving the right to ments coming out of the United Na- in the grief of their families. I believe that object, Mr. President, I have no prob- tions are concerning, and I certainly Saddam Hussein is an evil and dangerous lem going to this bill, but we have been don’t want this same philosophy com- man who daily abuses his own people and working with Members on our side on a who wishes no good for our country or the ing out of our own State Department. finite list of amendments that we wish How can anyone argue that ratifica- world. I fear his weapons of mass destruction and believe they should be eliminated. Yet I to be considered on this bill. I am tion of a radical treaty such as we have believe just as strongly that it would be a happy to work with the distinguished discussed will not undermine sov- mistake for our country to attack Iraq with- leader to obtain an agreement, and if ereignty? It is pretty obvious it would. out explicit United Nations authorization. I he wishes me to cover some of those In a speech entitled ‘‘A World Drown- believe such an attack would violate inter- amendments today, I will. But at this ing in Guns,’’ published in the Ford- national law. point I will object to the motion to ham Law Review in 2003, Mr. Koh We need to think for a minute and di- proceed and hope that we can work out states: gest what this means. Even though Mr. an agreement. If we really do care about human rights, Koh believed that attacking Iraq would The PRESIDING OFFICER. Objec- we have to do something about the guns. be in the best interest of America and tion is heard. That ‘‘something’’ is a ‘‘global sys- the world, he believed we should wait Mr. REID. Mr. President, I say to my tem of effective controls on small on explicit directions from the United colleague, you can offer any amend- arms.’’ Nations before we acted. Both this ments you want. We don’t care. We just In that same speech, Mr. Koh also ex- commentary and his testimony before want to get on the bill. And if we can pressed his disappointment that the the Senate Committee on Foreign Re- do it, we will be happy to work with 2001 United Nations gun control con- lations demonstrate that Mr. Koh be- the Senator from South Carolina at ference had not led to a legally binding lieves that if our President and Con- that time to come up with a list of document. He urged that the next steps gress, empowered by our Constitution, amendments. The amendments are all be the creation of international arms decide military action is needed to de- governed under rule XVI.

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Mr. President, I have a letter here. I There will come a time, perhaps, when Mr. DEMINT. I understand the lead- have all day held off reading it. It is a I talk to the Republican leader and er’s position. I will object and agree to letter signed by every Republican Sen- say: Have we had enough of this? work with you in the next few hours or ator, including the Senator from South Mr. DEMINT. I say to the Senator, I tomorrow if we can get general agree- Carolina. Let me read this letter writ- am prepared to grant a unanimous con- ment and perhaps some compromise if ten to me, dated March 24. sent to move ahead right now if I can that is possible. We certainly don’t Dear Majority Leader Reid, As you develop be guaranteed seven amendments: want to hold this up, but we would like the legislative calendar for the rest of this three by myself, two by Senator to participate in the debate with a few fiscal year we believe it is critical to allo- COBURN, and two by Senator VITTER. I amendments. cate an appropriate amount of time for the will be glad to describe what those are Mr. REID. Mr. President, I under- Senate to consider, vote and initiate the con- if you like? stand the Senator is going to object. I ference process on each of the 12 appropria- Mr. REID. I say to my friend, as I do say you cannot have—we want to go tions bills independently through a delibera- to the bill. We want to play by the tive and transparent process on the Senate told the Senator in my opening state- floor. ment, the appropriations bills have a rules. As it says here: For a variety of reasons, over the past sev- little different rules than just a regular In order to press for a more transparent eral years, the Senate has failed to debate, bill. But we are happy to work with process, we will use all available procedural amend and pass each of the bills separately him. I am curious to find out what tools to guarantee regular order for appropriations bills. prior to the end of the fiscal year. Far too amendments he is interested in. often this has resulted in the creation of om- Would you run over them with me? I want regular order on appropria- nibus appropriations bills that have been Mr. DEMINT. Yes, I will be glad to. tions bills. brought to the floor so late in the fiscal year I think the Senator could check with that Senators have been forced to either pass Again, this is a trust but verify. Mr. REID. Just give me the general his own floor staff; I can’t guarantee a continuing resolution, shut down govern- votes. I can’t guarantee these matters ment or consider an omnibus bill. These om- subject. are germane because we have different nibus bills have not allowed for adequate Mr. DEMINT. We had a few problems rules on appropriations bills. public review and have clouded what should getting amendments on some other I think it is another indication of otherwise be a transparent process. As our bills, so I just want to make sure we where we are just wasting time, the President said on March 11, 2009, he expects are in agreement and there are no sur- future spending bills to be ‘‘ . . . debated and people’s time. I made my case. I will prises. I have three amendments we voted on in an orderly way sent to [his] desk come here tomorrow and try again. We without delay or obstruction so that we would like. One is related to the Cap- are happy to work with the Senator don’t face another massive, last minute om- itol Visitor Center. The other is related from South Carolina. nibus bill like this one.’’ to rescinding unspent stimulus money. I say to my friend from South Caro- The Senate should begin floor consider- And the other is asking for a GAO lina, I understand he is well meaning. I ation of the appropriations bills during the audit of the Federal Reserve. early summer months to ensure that an ap- understand that. The Senator is not a Senator VITTER has an amendment sinister person or trying to do some- propriate amount of time is available to ex- related to, I believe, our pay raises, as amine, debate and vote on amendments to thing that is evil or bad. But I just the bills. We believe the Senate should pass well as a motion to recommit the—I think sometimes we would be better at least eight of the appropriations bills by guess he is going to have to explain off, as indicated in the letter I received the August recess. In order to press for a that one to me. from you, just going to the bill and fol- more transparent process, we will consider Mr. REID. I understand that one. lowing the regular order. That is what using all available procedural tools to guar- Mr. DEMINT. Senator COBURN has a I want to do. antee regular order for appropriations bills. transparency of Senate expenses Mr. DEMINT. If the Senator will Noting our intentions, we hope you will amendment as well as something about plan accordingly as you work with the lead- yield for clarification, regular order ership of the House to develop the legislative enumerated powers. would be motion to proceed, debate, calendar for the rest of this fiscal year. Mr. REID. I am sorry, minority pow- cloture. What we are trying to do is Thank you for your time and consideration. ers? shortcut the regular order with unani- It is signed by every one of the Re- Mr. DEMINT. Enumerated powers. mous consent, which I am very willing publicans, including my friend from The minority has no powers. But this is to grant, with some assurances that we South Carolina. enumerated powers of the Constitu- will have some amendments. I have here the manager of this bill, tion. I think, just for clarification, if we the wild-eyed liberal from Nebraska, These are our amendments. If we can went through the regular order—I BEN NELSON. If this is not a place to just get agreement now that these can think the request is to bypass regular start—there is no one who has a more be included, we will be glad to proceed. order. I am more than willing to agree measured voice than the Senator from Mr. REID. I say to my friend, I served to that if we can get some assurances Nebraska. He is an experienced legis- as chairman of the subcommittee for we will have amendments. lator. He has been Governor of his quite a number of years and enjoyed it Mr. REID. The Senator has every as- State. He understands problems, and he very much. It appears the GAO one, surance you will have amendments. I is a fine person. Why can’t we move to from the knowledge I have, will be repeat, there are certain things I can- this bill? within the confines of this bill very not agree to and some may want to file I say to my friend from South Caro- clearly. a second-degree amendment to an lina, we are happy to work on a finite Let’s see, what else? The CVC, Cap- amendment that you offer. But I will list of amendments, but all we want to itol Visitor Center, I think that would be happy to have my staff work with do is legislate. We want to get on this be—I am looking to Senator NELSON. I you through the evening and see what bill. The manager of the bill is here. think the Capitol Visitor Center would we can come up with. This man has been here for days—well, be in keeping with what we have in The PRESIDING OFFICER. The Sen- that is not true, since yesterday—to go this bill. ator from Tennessee is recognized. to this piece of legislation. The point is, without going into Mr. CORKER. Mr. President, I thank I hope my friend will allow us to go every detail at this time, anything the leader for reading the letter I sent to this bill. We will work with him. that is not something that is subject to to him some time ago. I thank him for Senator NELSON is one of the most rea- a rule XVI or some other problem be- actually trying to bring forth an appro- sonable people I have ever worked cause it is an appropriations bill, we priations bill. I hope we can figure out with. I do not see what fear my friend are happy to work with the Senator. some resolve. I think it is very impor- from South Carolina should have going We have no problem. But as far as tant to our country that we actually go to the bill. We have no games we are guaranteeing votes, I cannot do that through an appropriations process that playing. We are not going to try to cut because somebody may want to offer a is thoughtful. I thank you for doing anybody off offering amendments. second-degree. that today.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15868 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 Mr. REID. Will my friend yield for Adviser in the Department of Justice’s firmation vote. I urge anybody who has just a brief comment? I want to go to Office of Legal Counsel. He then served any doubts about the caliber of this the bill. I want to follow regular order. in the Clinton administration as As- man to get out their glasses, or you That is what I was asked to do. I am sistant Secretary of State, was unani- may need a magnifying glass to read happy to have my staff work through mously confirmed by the Senate, and all of his accomplishments. But cer- the night to see if we can agree on a fi- served there from 1998 to 2001 when he tainly it would be a travesty if a man nite list of amendments. I hope we can returned to the Yale Law School, be- such as this was not confirmed. do that. coming its dean some 5 years ago. In an era where we are trying so hard Senator NELSON is the man to do He comes from a very distinguished to bring quality people into govern- that. He is a wonderful person, as I family. His father was the first Korean ment and so many people shun govern- have already said. I am just dis- lawyer to study in the United States. ment because of the hoops and hurdles appointed it is such a struggle to get He attended Harvard Law in 1949. He someone has to go through—Dean Koh things done. was then counsel for—the father, that would be exhibit A of the hoops and Mr. CORKER. Mr. President, if I is—for the first Korean democratic hurdles—it would be very discouraging could talk back to the respected lead- government. When a military coup oc- for anybody else applying for a position er, I thank him for bringing it forward. curred, he left that position. He was which requires Senate confirmation. As I do think it is important we work the first Korean to teach at the Yale strongly as I can, I urge his confirma- through eight bills before the recess be- Law School in 1969. tion. gins, and I hope over the next couple of Dean Koh has an extraordinary EXHIBIT 1 hours he and the distinguished Senator record. His curriculum vitae fills 8 YALE LAW SCHOOL from South Carolina can reach some pages of very small print. He has a long EMPLOYMENT resolve that is an accommodation and list of honorary degrees. He received a 2004: Dean of Yale Law School we can move through this. number of medals. His list of honors 1993: Gerard C. and Bernice Latrobe Smith I thank the Senator very much for and awards goes on virtually indefi- Professor of International Law, Yale Law School (Procedure, International Human his patience. nitely; his publications, books, and Rights, International Business Transactions, I suggest the absence of a quorum. monographs occupy six and a half Constitution and Foreign Affairs, Inter- The PRESIDING OFFICER. The pages; his selected legal activities, an- national Trade, International Organizations, clerk will call the roll. other half a page; lectures that he per- International Law and Political Science) The assistant legislative clerk pro- formed, many; teaching activities, vo- 1998–2001: Assistant Secretary of State for ceeded to call the roll. luminous; boards of editors, profes- Democracy, Human Rights and Labor United Mr. SPECTER. Mr. President, I ask sional affiliations, presentations, States Department of State; Commissioner, Commission for Security and Cooperation in unanimous consent that the order for workshops, boards, bars, member of the Europe; U.S. Delegate or Head of Delegation the quorum call be rescinded. bars with which he is associated. to United Nations General Assembly (Third The PRESIDING OFFICER (Mr. I ask unanimous consent to have this Committee), the United Nations Human BEGICH.) Without objection, it is so or- full text printed in the RECORD at the Rights Commission, the Organization of dered. conclusion of my remarks. American States, the Council of Europe, the Organization for Security and Cooperation in f The PRESIDING OFFICER. Without objection, it is so ordered. Europe, the U.N. Committee Against Tor- KOH NOMINATION (See exhibit 1.) ture, Inaugural Community of Democracies Mr. SPECTER. Mr. President, I have Meeting (Warsaw 2000); U.N. Conference on Mr. SPECTER. It is going to be ex- New and Restored Democracies (Cotonou, sought recognition to speak on behalf tensive, but it is worth it. I have been Benin 2000) of Dean Harold Koh, dean of the Yale a Member of this body for some time. I 1993–1998: Director, Orville H. Schell Jr., Law School, for confirmation to the have never seen anyone with this kind Center for International Human Rights, Yale position of Legal Adviser to the De- of a resume. And I am going to ask Law School 1996–97: Visiting Fellow, All Souls College, partment of State. I know Dean Koh Senator BYRD the next time I see him personally. I have known him for more Oxford University and Waynflete Lecturer, if he knows of anybody who has a re- Magdalen College, Oxford University than a decade while he has taught at sume which is this extensive and this 1993: Visiting Professor, Hague Academy of Yale and been the dean of the Yale Law impressive. International Law School. He spoke at a class reunion. I When you characterize the best and 1990–93: Professor, Yale Law School was in the Yale Law School class of the brightest, Harold Koh would be at 1990, 2002: Visiting Professor of Inter- 1956 and hosted a reunion here in the the top of the list. It would be hard to national Law, Faculty of Law, University of Capitol on June 6, 2008. He was greeted Toronto (intensive courses in international find anybody with a better record than business and human rights law) by a number of prominent Members of Dean Harold Koh. His experience in 1985–90: Associate Professor, Yale Law the Senate at that time. I make these international law is extensive, as in School comments about my personal associa- human rights. He would be an ideal 1983–85: Attorney-Adviser, Office of Legal tion with him in the interest of full Legal Adviser to the Department of Counsel, United States Department of Jus- disclosure, but the thrust of my rec- State with his background and his ex- tice 1982–85: Adjunct Assistant Professorial ommendation is based upon his experience. He has judgment, and he has Lecturer in Law, George Washington Univer- traordinary record. balance. From my personal knowledge, sity National Law Center Harold Koh graduated from Harvard I have total confidence that he will 1982–83: Associate, Covington & Burling, College, also Harvard Law School. He apply his legal knowledge and his Washington, DC graduated Harvard College summa cum background in a wise and sagacious 1981–82: Law Clerk to Hon. Harry A. Black- laude in 1975. He was Marshall Scholar way. He testified before the Judiciary mun, Associate Justice, United States Su- preme Court at Oxford University, where he got a Committee when I chaired the com- 1980–81: Law Clerk to Hon. Malcolm Rich- master’s degree in 1977. He graduated mittee and in every way is exemplary. ard Wilkey, Circuit Judge, United States cum laude from the Harvard Law It is a little surprising to me that it Court of Appeals, D.C. Circuit School in 1980, where he was develop- is necessary to have a cloture vote, to 1978–79: Teaching Fellow, First-Year Legal ments editor of the Harvard Law Re- have 60 votes to take up the nomina- Methods Program, Harvard Law School (Con- view. He then clerked for Judge Rich- tion of Dean Koh. But considering the tracts and Civil Procedure) ard Wilkey in the Court of Appeals for politics of Washington and considering DEGREES the District of Columbia, then for Su- the politics of the Senate, perhaps we 1980: Harvard Law School, J.D. cum laude preme Court Justice Harry Blackmun. should not be surprised at anything. Developments Editor, Harvard Law Re- view; Tutor, Mather House, Harvard College He then worked as a lawyer with the But having a very high surprise thresh- 1977: Magdalen College, Oxford University, distinguished Washington firm Cov- old, I say that I am surprised Dean Koh Honours B.A. in Philosophy, Politics & Eco- ington & Burling and then as Attorney- would require 60 votes to reach a con- nomics with First-Class Honours; (M.A. 1996);

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15869 Marshall Scholar; Magdalen College 2002: John Quincy Adams Freedom Award, Human Rights and National Security: Underhill Exhibitioner; President, Magdalen Amistad America Chapter in Mark Green, et al., eds, Change College Middle Common Room 2001: Korean American Coalition Public for America: Progressive Blueprint for the 1975: Harvard College, Harvard University Service Award Next Administration (2008) A.B. in Government, Summa Cum Laude; 2000: Institute for Corean-American Stud- Keynote Address: A Community of Reason Phi Beta Kappa; Harvard National Scholar; ies Liberty Award and Rights, 77 Fordham L. Rev. 583 (2008) Charles Bonaparte Scholar (Outstanding 1999; 1994: FACE (Facts About Cuban Ex- A Day in Court Denied The Washington Junior Government Major); Harvard Club of iles) Excellence Award Post, Monday, March 31, 2008 Page A19 Southern Connecticut Distinguished Senior; 1997: Public Sector 45’’ (45 leading Amer- No Torture. No Exceptions. The Wash- National Merit Scholar; State of Con- ican Public Sector Lawyers Under the Age of ington Monthly, January/February/March necticut Scholar 45), American Lawyer Magazine 2008 1997: Named one of nation’s leading Asian- Tom Eagleton: True Senator, 52 St. Louis HONORARY DEGREES American Educators, Avenue Asia Magazine U. L Journal 25 (2008) 2009: New School for Social Research Asian-American Lawyer of the Year, Mirjan Damaska: A Bridge Between Two 2008: Iona College Asian-American Bar Association of New Cultures, in Maximo Langer, et al., Fest- 2008: Jewish Theological Seminary York 2005: University of Hartford 1995: Trial Lawyer of the Year Award, Trial schrift for Mirjan Damaska (2008) 2005: Widener School of Law Lawyers for Public Justice (co-recipient) Sale v. Haitian Centers Council: Guanta- 2002: Doctor of Laws, Skidmore College 1994: Cuban-American Bar Association namo and Refoulement (with Michael J. 2001: Doctor of Laws, Connecticut College 1994: Political Asylum Immigration Rep- Wishnie), in Ford, Hurwitz & Satterthwaite, 2000: Doctor of Laws, University of Con- resentation Project Human Rights Advocacy Stories (2000) necticut; Doctor of Humane Letters, Dickin- 1994: Asian-American Lawyers of Massa- Repairing America’s Human Rights Rep- son College chusetts utation, 40 Cornell Int’l L.J. 635 (2007) 1999: Doctor of Laws, Suffolk Law School; 1994: Haiti 2004 Is there a ‘‘New’’ New Haven School of Doctor of Humane Letters, Albertus Magnus 1994: Korean-American Alliance International Law? 32 Yale Law Journal 559 College 1993: Asian Law Caucus (2007) 1998: Doctor of Laws, CUNY-Queens Law 1993: Asian-American Legal Defense & Edu- ‘‘Repair America’s Human Rights Reputa- School cation Fund, Justice in Action Award tion’’—op-ed appeared in the Summer 2007 1990: M.A., Yale University 1992: Co-recipient, American Immigration issue of the Yale Law Report as part of a col- Lawyers’ Association Human Rights Award MEDALS lection of op-eds written by Yale Law School 1991: Richard E. Neustadt Award, Presi- 2008: Western New England School of Law faculty members dency Research Section, American Political Fila´ rtiga v. Pena-Irala: Judicial Internal- 2004: Presidential Medal, Central Con- Science Association necticut State College ization of the Customary International Law FELLOWSHIPS 2000: Villanova Medal, Villanova Law Norm Against Torture in International Law School Fellow, American Philosophical Society Stories (Noyes, Dickinson & Janis, eds.; Law 2000: Arthur J. Goldberg Award, Jacob (2007–); Honorary Fellow, Magdalen College Stories Series, Foundation Press 2007) Fuchsberg Law Center, Touro Law School (2002–); Fellow, American Academy of Arts Tom Eagleton: True Senator, 52 SLU L. and Sciences (2000–); Guggenheim Fellow Rev. 1 (2007) OTHER HONORS AND AWARDS (1996–97); Twentieth Century Fund Fellow Preface to Eugene Fidell, Beth Hillman & 2008: Judith Lee Stronach Human Rights (1996–), Visiting Fellow, All Souls College, Dwight Sullivan, Military Justice: Cases and Award, given for outstanding contribution to Oxford (1996–97); James Cooper Lifetime Fel- Materials (2007) global justice by the Center for Justice and low, Connecticut Bar Association (2006–) Preface to William J. Aceves, The Anat- Accountability, San Francisco 7th Annual PUBLICATIONS omy of Torture: A Documentary History of Sengbe Pieh Award, First and Summerfield Fila´ rtiga v. Pen˜ a-Irala (2007) United Methodist Church BOOKS AND MONOGRAPHS Transnational Litigation in United States The Future of Lou Henkin’s Human IRIS Human Rights Award Rights, Movement, 38 Col. H.Rts Rev. 487 2007: Green Bag Award for ‘‘exemplary Courts (2008) (Foundation Press) (2007) writing in a long article’’ Green Bag Alma- Transnational Business Problems (4th ed. The Bright Lights of Freedom, NPR: THIS nac and Reader (2007) 2008) (Foundation Press), with Detlev F. I BELIEVE, Jay Allison & Dan Gediman, 2007, 8, 9 Lawdragon 500 Leading Lawyers Vagts & William S. Dodge eds., (New York: Henry Holt & Company, in America Foundations of International Law and Pol- 2006) 141–143; paperback edition (2007) 2007–08: Connecticut Bar Association itics (with Oona A. Hathaway) America and the World, 2020, in THE CON- Young Lawyers Section Diversity Award The International Human Rights of Per- STITUTION IN 2020 (Siegel & Balkin eds. 2007: Pacific Islander, Asian, and Native sons with Intellectual Disabilities: Different 2009) American (PANA) Distinguished Service but Equal (Oxford University Press 2002) In Memoriam: Robert F. Drinan, S.J. (1920– Award (with Stanley Herr and Lawrence Gostin, 2006: Philip Burton Award for Advocacy, eds) 2007) 95 Georgetown Law Journal 1709 (2007) Immigrant Legal Resource Center Deliberative Democracy and Human Rights The Activist: Robert S. Drinan S.J., Stir- 2006: Boston College 75th Anniversary Cele- (with Ronald C. Slye) (Yale University Press ring the Human Rights Revolution, BC Law bration Law School’s Distinguished Service 1999) (translated into Spanish) Magazine 7 (Summer 2007) (tribute to Father Award International Business Transactions in Drinan) Asian American Bar Association of New United States Courts, Recueil des Cours A World Drowning in Guns, INTER- York Award (Martinus Nijhoff 1998) (Monograph of Lec- NATIONAL LAW AND INTERNATIONAL The Asian American Law Students Asso- tures in Private International Law at The RELATIONS: BRIDGING THEORY AND ciation (Pace Law School) Award of Distinc- Hague Academy of International Law) PRACTICE, Thomas J. Biersteker, Peter J. Transnational Legal Problems (with Henry tion Spiro, Chandra Lekha Sriram, and Veronica 2006: Named one of the Top Connecticut Steiner & Detlev Vagts) (Foundation Press Raffo, eds., (London: Routledge Press, 2006) Super Lawyers by Connecticut Magazine 4th ed. 1994) and Documentary Supplement 59 (International Law) (1994) Louis B. Sohn: Present at the Creation, The National Security Constitution: Shar- 2005: Louis B. Sohn Award, given by the Harvard International Law Journal, 2006 ing Power After the Iran-Contra Affair (Yale International Law Section of the American Unveiling Justice Blackmun, 72 Brooklyn University Press 1990) (Winner, Richard E. Society of International Law for Lifetime L. Rev. 9 (2006) Neustadt Award, awarded by the Presidency Achievement in International Law Setting the World Right, 115 Yale L.J. 2350 2005: Equal Access to Justice Award, New Research Section, American Political (2006) Haven Legal Assistance Science Association, to the best book pub- Why Transnational Law Matters, 24 Penn 2005: Allies for Justice Award lished in 1990 that contributed most to re- State Int’l L. Rev. 745 (2006) ABA National Lesbian and Gay Law Asso- search and scholarship on the American The Healing Wisdom of Jay Katz, 6 Yale J. ciation Presidency) Health Policy, Law and Ethics 397 (Spring 100 Most Influential Asian Americans of Justice Harry A. Blackmun Supreme Court 2006) the 1990s, A Magazine Oral History Project, Federal Judicial Cen- Harry Andrew Blackmun, in Yale Bio- 2002: Wolfgang Friedmann Award, given by ter/Supreme Court Historical Society (Editor graphical Dictionary of American Law (2007) Columbia Journal of Transnational Law ‘‘to 1996) (public release 2004) ‘‘The New Global Slave Trade,’’ Displace- an individual who has made outstanding con- ARTICLES AND BOOK CHAPTERS ment, Asylum, Migration 232 (Oxford Am- tributions to the field of international law’’ Commentary in Michael W. Doyle, Strik- nesty Lectures) (Kate Tunstall ed. 2006) 2002: Connecticut Bar Association Distin- ing First: Preemption and Prevention in ‘‘A Law Unto Itself?,’’ Yale L.J. (The Pock- guished Public Service Award International Conflict 99 (2008) et Part), March 2006

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15870 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 Tribute to President Francis Daly Paying ‘‘Decent Respect’’ to the World ‘‘Congressional Protection of International Fergusson, upon her retirement from Vassar Opinion on the Death Penalty, 35 U.C. Davis Human Rights,’’ 170 Fed. R. D. 285 (1997) College, Vassar Quarterly, ‘‘Energy in the L. Rev. 1085 (2002) ‘‘Book Review, Chayes & Chayes, The New Executive’’ Paying Decent Respect to International Sovereignty,’’ 91 American Journal of Inter- ‘‘Can the President Be Torturer in Chief?,’’ Tribunal Rulings, 2002 Proceedings of the national Law 389 (1997) Ind. L. Rev. 81:1145 (winner 2007 Green Bag American Society of International Law ‘‘War and Responsibility in the Dole/Ging- Award for ‘‘exemplary writing in a long arti- Against Military Tribunals, Dissent Maga- rich Congress,’’ 50 Miami L. Rev. 1 (1996) cle’’ Green Bag Almanac and Reader (2007) zine 58 (Fall 2002) ‘‘Transnational Legal Process,’’ 75 Neb. L. ‘‘Mark Janis and the American Tradition One Year Later, America Deserves Mixed Rev. 181 (1996) of International Law,’’ Conn. J. Int’l L. Reviews, Yale Daily News (September 13, ‘‘The Constitution,’’ in Encyclopedia of ‘‘Captured by Guantanamo’’ 2002) U.S. Foreign Relations (Oxford University Choosing Heroes Carefully (Tribute to A Better Way to Deal with Iraq, Hartford Press 1996) John Hart Ely), 57 Stan. L. Rev. 723 (2005) Courant, October 20, 2002 ‘‘A World Transformed,’’ 20 Yale Journal of ‘‘The Bright Lights of Freedom,’’ This I ‘‘Preserving Our Values: The Challenge At International Law vii (1995) Believe, NPR Home and Abroad,’’ chapter 6 in The Age of ‘‘America’s Offshore Refugee Camps,’’ 29 ‘‘The Value of Process,’’ in Why Obey Terror: America and the World After Sep- Richmond L. Rev. 139 (Allen Chair 1994) International Law?, 10 Int’ Legal Theory 1 tember 11 at 143 (Strobe Talbott & Nayan ‘‘Refugees, The Courts, and the New World (2004) Chanda, eds. Basic Books 2002) Order,’’ 1994 Utah L. Rev. 999 ‘‘Standing Together,’’ 15 Law & Sexuality, ‘‘The Spirit of the Laws,’’ 43 Harv. 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Stith- ‘‘Asians in American Law’’, Yale Law Re- U.S. House of Representatives, Washington Cabranes and S.Y. Koh) (Woodrow Wilson port 28 (Fall 1986) DC (January 20, 1999) Center monograph) (Fall 1991) Book Review, H. Steiner & D. Vagts, ‘‘U.S. Policy Toward Haiti’’: Hearing Be- ‘‘The Coase Theorem and the War Power: A Transnational Legal Problems and D. Vagts, fore the Subcommittee on Western Hemi- Response,’’ 1991 Duke L.J. 122 (1991) Transnational Business Problems, 20 sphere and Peace Corps Affairs of the Senate ‘‘Presidential War and Congressional Con- Int’l.Law 1417 (1986) Committee on Foreign Relations, 103d Cong. sent: The Law Professors’ Memorandum in ‘‘Judge Wilkey’s Contributions to Inter- 2d Sess. (Mar. 8, 1994) Dellums v. Bush,’’ 27 Stanford J. Int’l L. 247 national Law and the Foreign Relations Law ‘‘The Nonrefoulement Reaffirmation Act of (1991) of the United States,’’ 1985 B.Y.U. 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VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15872 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 ‘‘The Constitutional Roles of Congress and 1413 (11th Cir. 1995) (For work done on this Litigation before International Court of the President in Waging and Delcaring War,’’ case, received 1994 Human Rights Award Justice in Nicaragua v. United States, 1986 Senate Judiciary Committee (January 8, from Cuban-American Bar Ass’n) I.C.J. 14 (as Justice Department Attorney) 1991) Lead counsel for plaintiffs, Sale v. Haitian NAMED LECTURES ‘‘Executive-Congressional Relations in a Centers Council, Inc., 113 S.Ct. 2549 (1993), 823 Cecil Wright Lecture, University of To- Multipolar World,’’ Hearings Before the Sen- F.Supp. 1028 (E.D.N.Y. 1993), and 969 F.2d 1326 ronto School of Law (2002); Korematsu Lec- ate Foreign Relations Committee, 101st (2nd Cir. 1992) (For work done on this case, ture, New York University School of Law Cong., 2d Sess. 92 (Nov. 26, 1990) recognized by Haiti 2004, Korean-American (2002); George Wythe Lecture, William and Testimony on H.R. 3665, the Official Ac- Alliance, Political Asylum Immigration Rep- Mary College of Law (2002); Robert Levine countability Act, before the House Judiciary resentation Project and as co-recipient, 1993 Lecture, Fordham Law School (2002); Frank Committee, Subcommittee on Criminal Jus- Justice in Action Award, Asian-American Strong Lecture, Ohio State University tice, (June 15, 1988) Legal Defense and Education Fund; Co-re- School of Law (2002); Barbara Harrell-Bond AWARDS AND HONORS cipient, 1992 Human Rights Award, American Lecture, Oxford University (2001); Edward 100 Most Influential Asian Americans of Immigration Lawyers’ Association; Asian Barrett Lecture, University of California at the 1990s, A Magazine; Named to the APublic Law Caucus) Davis School of Law (2001); Bruce Klatsky Co-counsel for petitioners, In re civilian Sector 45’’ (45 leading American Public Sec- Lecture, Case Western Reserve University population of Chiapas, Mexico and certain tor Lawyers Under the Age of 45), American School of Law (2001); Richard Childress Lec- Members of the Ejercito Zapatista de Lawyer Magazine (1997); Connecticut Bar As- ture, St. Louis University School of Law Liberacion Nacional (Inter-American Com- sociation Distinguished Public Service (2001); Frankel Lecture, University of Hous- mission on Human Rights) (filed January 27, Award (2002); John Quincy Adams Freedom ton Law Center (1998); Harris Lecture, Uni- 1994); In re Haitian population of Bahamas versity of Indiana Law School (1998); Scuola Award, Amistad America (2002); Korean Co-counsel for plaintiffs, Doe v. Karadzic, Santa Anna (Pisa, Italy) (1997); Bartlett Lec- American Coalition Public Service Award 70 F. 3d 232 (1995); 176 F.R.D. 458 (S.D.N.Y. ture, Yale Divinity School (1997); Waynflete (2001); Honorary Citizenship, Pukcheju, Re- 1997) (represented from filing of complaint Lectures, Magdalen College, Oxford Univer- public of Korea (1999); Institute for Corean- until 1998, when withdrew from representa- sity (1996); Enrichment Lecturer, George American Studies Liberty Award (2000); tion to join U.S. government; after a two- Washington University National Law Center FACE (Facts About Cuban Exiles) Excellence week jury trial in September 2000, a jury (1995); Scholar-in-Residence, Hofstra Univer- Award (1999, 1994); Named one of nation’s awarded plaintiffs approximately $ 4.5 billion sity (1995); Ralph Kharas Lecture, Syracuse leading Asian-American Educators, Avenue in compensatory and punitive damages); University (1995); Mason Ladd Lecture, Flor- Asia Magazine (1997); Asian-American Law- Greenpeace, Inc. (U.S.A.) v. France, 946 F. ida State University (1995); 1995 Martin Lu- yer of the Year, Asian-American Bar Asso- Supp. 773 (C.D. Cal. 1996); Paul v. Avril, 812 F. ther King Lecture, Smithsonian Institution ciation of New York; 1995 Trial Lawyer of Supp. 207 (S.D. Fla. 1993) ($41 million judg- (1995); Roscoe Pound Lecture, University of the Year Award, Trial Lawyers for Public ment awarded); Todd v. Panjaitan, No 92– Nebraska College of Law (1994); Emmanuel Justice (co-recipient); Cuban-American Bar 12255WD (D. Mass. decided October 25, 1994) Emroch Lecture, University of Richmond Association (1994); Political Asylum Immi- ($14 million judgment awarded); Xuncax v. Law School (1994); George Allen Distin- gration Representation Project (1994); Asian- Gramajo, No. 91–11564WD (D.Mass., filed June guished Visiting Professor, University of American Lawyers of Massachusetts (1994); 6, 1991); Ortiz v. Gramajo (D.Mass. 1992)($47.5 Richmond Law School (1994); Roy R. Ray Haiti 2004 (1994); Korean-American Alliance million judgment awarded); Doe v. Karadzic, Lecture, Southern Methodist University (1994); Asian Law Caucus (1993); Asian-Amer- 866 F. Supp. 734 (1994); No. 94–9035 (2d Cir. School of Law (1994); William H. Leary Lec- ican Legal Defense & Education Fund, Jus- 1995); Belance v. FRAPH, No. 94–2619 ture, University of Utah Law School (1993); tice in Action Award (1993); Co-recipient, (E.D.N.Y.) (Nickerson, J.) (For work done on Convocation Lecturer, Duke Law School American Immigration Lawyers’ Association Avril and Gramajo cases, named as co-recipi- (1993); McGill Law School (1993); Gerber Lec- 1992 Human Rights Award; Richard E. ent, 1995 Trial Lawyer of the Year Award, by ture, University of Maryland (Baltimore) Neustadt Award, Presidency Research Sec- the Trial Lawyers for Public Justice) tion, American Political Science Association Amicus Curiae, U.S. Supreme Court, Ar- (1993). Commencement Addresses at Yale (1991) gentine Republic v. Amerada Hess (1990); Law School (1987, 1989, 2000), Skidmore Col- SELECTED LEGAL ACTIVITIES United States v. Alvarez-Machain, (1992); lege (2002); University of Connecticut School of Law (2000); Dickinson College (2000); Secretary of State’s Advisory Committee Nelson v. Saudi Arabia, No. 91–522 (1993); Villanova Law School (2000); Touro College on Public International Law (1994–98) Jaffe v. Snow, No. 93–241 (1993); Trajano v. Editor, Justice Harry A. Blackmun Su- Marcos, 978 F.2d 493, 499–500 (9th Cir. 1992), of Law (2000); Albertus Magnus College (1999); preme Court Oral History Project, Federal cert. denied, 113 S. Ct. 2960 (1993); No. 93–9133 NYU Law School (1999); University of Mary- Judicial Center/Supreme Court Historical Negewo v. Abebe-Jira, 11th Cir. 1995; Abebe- land (Baltimore) School of Law (1995) Society (1994–96) Jiri v. Negewo, No. 90–2010, Slip Op. at 7 TEACHING ACTIVITIES Co-author, Law Professors= Letter to Sen- (N.D. Ga. Aug. 20, 1993) Faculty Member, Oxford/George Wash- ate Judiciary Committee Regarding Military Co-author (with ten other constitutional ington University Joint Programme in Inter- Commission, December 5, 2001, available at law scholars) of Memorandum Amicus Curiae national Human Rights Law, New College http://www.yale.edu/lawweb/liman/ of Law Professors in Ronald v. Dellums v. Oxford, 1996, 1998, 2002; American University letterleahy.pdf George Bush (D.D.C. 1990), reprinted in 27 Human Rights Academy 2001; Aspen Insti- Counsel for U.S. Diplomats Morton Stanford Journal International Law 257 tute, Law and Society Program (Moderator Abramowitz, et al, Amicus Curiae in (1991); (with nine other constitutional law 2001; Harry Blackmun Fellow, 1992); Aspen McCarver v. North Carolina, No. 00–8727 (U.S. scholars) of Correspondence With Assistant Institute, Seminar for Judges on Inter- cert. Dismissed Sept. 25, 2001) and Atkins v. Attorney General Walter Dellinger re Legal- national Human Rights: Its Application in Virginia (No. 00–8452) (U.S. argued Feb. 20, ity of United States Military Action in National Jurisprudence, Wye Plantation 2002) (arguing that execution of those with Haiti, reprinted in 89 American Journal (1994, 95, 98); Federal Judicial Center, ‘‘The mental retardation violates Eighth Amend- International Law 127 (1995) Role of International Law in the U.S. Courts ment’s cruel and unusual punishments Co-author (with David Cole and Jules (March 1994); Faculty Member, American clause) Lobel), ‘‘Interpreting the Alien Tort Statute: Law and Legal Institutions, Salzburg Sem- Consultant, United Nations High Commis- Amicus Curiae Memorandum of Inter- inar, Salzburg, Austria (1991); Center for Na- sioner on Refugees Global Consultations on national Law Scholars and Practitioners in tional Security Studies National Security reformation of the UN Refugee Convention, Trajano v. Marcos,’’ 12 Hastings Int’l & Law Institute for Professors (1991, 1992); Dis- Cambridge University (Summer 2001) Comp. L. Rev. 1 (1988) (published Amicus Cu- tinguished Visitor, The Policy Study Group, Arbitrator, Binational Dispute Settlement riae Brief on behalf of nineteen international Tokyo, Japan (1990) Panel Convened Under Chapter 19 of the law scholars and practitioners in inter- BOARDS OF EDITORS U.S.-Canada Free Trade Agreement, No. national human rights case) Editorial Board, University Casebook Se- U.S.A.–93–1904–05, In re Certain Flat-Rolled Co-author, Brief Amicus Curiae Urging De- ries, Foundation Press (1993–98, 2001–); Amer- Carbon Steel Products from Canada (Nov. 4, nial of Certiorari, Tel-Oren v. Libyan Arab ican Journal of International Law (1992–); 1994) Republic, reprinted in 24 I.L.M. 427 (1985) (as Editorial Review Board, Human Rights Quar- Co-founder (with Michael Ratner), Allard Justice Department Attorney) K. Lowenstein International Human Rights Litigation before Iran-U.S. Claims Tri- terly (1994–96); Advisory Committee, Journal Clinic at Yale Law School (1991-) bunal, Case No. 55, Amoco Iran v. Islamic Re- of Legal Education (1991–94); Editorial Advi- Counsel for respondents, Royal Dutch Pe- public of Iran (as Private Practitioner) sory Board, Human Rights Watch World Re- troleum Co. v. Ken Wiwa, et al., (U.S. S.Ct., Co-counsel for Iranian Hostages in port (Yale University Press) No. 00–1168, cert. denied March 26, 2001) Persinger v. Iran (D.C. Cir. 1982) and Cooke v. PROFESSIONAL AFFILIATIONS Of counsel and oralist for plaintiffs, Cuban- United States (Cl. Ct. 1982) (as Private Prac- Executive Council, American Society of American Bar Ass’n v. Christopher, 43 F.3d titioner) International Law (1998–present); Chair,

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15873 Nominating Committee, American Society Judge Guido Calabresi U.S. Ct. App., 2d Because you can’t limit what the Fed- of International Law (1998); National Coun- Cir. eral Government does without saying, cil, Lawyers Committee for Human Rights Prof. Arthur R. Miller Harvard Law School Here are the things that should be (1997–98); Legal Advisory Committee, Con- Larry L. Simms, Esq. Gibson, Dunn; done, but they should be done under necticut Civil Liberties Union (1997–98); The Crutcher, D.C. the authority of the people and the Benchers (1994–); Coordinating Committee Peter D. Trooboff, Esq. Covington; Burling, for Immigration, American Bar Association D.C. States. (1993–5); Oversight Committee, University of When Ben Franklin left the Constitu- Mr. SPECTER. I yield the floor, and tional Convention in 1787, he was asked California at Berkeley School of Law (1991); I suggest the asbence of a quorum. American Society of International Law by somebody in the crowd: What did Board of Review and Development (1989–91); The PRESIDING OFFICER. The the convention produce? He said: It Advisory Board, Center for National Secu- clerk will call the roll. produced a republic. Then he said: If we rity Studies, American Civil Liberties Union The assistant legislative clerk pro- can keep it. (1991–93); Member, Executive Committee of ceeded to call the roll. Well, I can tell my colleagues that International Law Section of American As- Mr. COBURN. Mr. President, I ask ‘‘if’’ is a great big word. We have a sociation of Law Schools (1988–90); Member, unanimous consent that the order for Medicare Program that over the next Executive Committee of Civil Procedure Sec- the quorum call be rescinded. 30 years has a $39 trillion unfunded lition of American Association of Law Schools Mr. BEGICH. Without objection, it is (1991–93); Vice-Chair, International Legal ability. So the factors I have men- Education Committee, American Bar Asso- so ordered. tioned already don’t have anything to ciation Section of International Law and f do with that. That is $39 trillion on top Practice (1991–93); Liaison Between ABA of $11.5 trillion today and $2 trillion International Law Section and AALS (1990– ENUMERATED POWERS ACT more we are going to add to the debt 91); Advisory Committee, Yale Center for Mr. COBURN. Mr. President, I wish this year. Then we have Social Secu- International and Area Studies, Center for to spend a few minutes this evening to rity, which is unfunded. We have Medi- Western European Studies, International Se- outline where we are and one possible care Part D that has an $11 trillion un- curity Program, International Relations funded liability. Then we have Med- Program, and Allard K. Lowenstein Inter- solution to help us as a nation. We are national Human Rights Project; Fellow, on a course to double the debt in 41⁄2 icaid, which is about $17 trillion. So Timothy Dwight College years. We are on a course to triple the what we have basically done is aban- PRESENTATIONS AND WORKSHOPS debt over the next 10 years. Think of doned what our Founders thought was Faculty Workshops at more than twenty what that means for our children and prudent so we could enhance politi- schools; scores of lectures and presentations our grandchildren. That is not Presi- cians. We put that big ‘‘if’’ up there for on International Human Rights Law, U.S. dent Obama’s fault. I am probably one our kids and our grandkids. Trade Policy and International Economic of the few Republicans who will say The task of keeping a republic now Law; International Litigation and Proce- that. It is Congress’s fault, because falls to this Congress. It doesn’t look dure; International and Foreign Affairs Law; Presidents don’t get to spend money we bright. We passed a stimulus bill, $787 European Community Law; Law Teaching; billion. By the time you count the in- Immigration and Refugee Law; Asian-Amer- don’t let them spend. We are the ones who offer the spending bills. terest rate over the next 10 years, it is ican Issues; and invited presentations at nu- $1 trillion. We passed an omnibus bill merous judicial conferences and bar associa- How did we get here? How did we get tions to the point where we are borrowing that increased spending by each branch of the government over 9 percent. We BOARDS money that we don’t have against our passed an emergency supplemental Brookings Institution Board of Directors children’s future to spend on things we that had $24 billion in it that we didn’t (2004–); Connecticut Bar Foundation Board of don’t need? It is simple. We have for- need, but we spent it, which will raise Directors (2004–05); Harvard University Over- gotten what the Constitution says. We the baseline in future years, which will seer (2001–); Visiting Committee, Harvard have ignored the Constitution at al- raise spending even further. The first Law School (1996–2002); Visiting Committee, most every turn. Harvard Kennedy School of Government appropriations bills coming out are a 7- Today, myself and 17 other Senators (2007–); Visiting Committee, University of percent or 8 percent increase when in- introduced a bill which is called the Toronto Faculty of Law (2004); Board of Di- flation has been a minus four-tenths of Enumerated Powers Act. It goes back rectors, American Arbitration Association 1-percent increase. (2007–); Board of Directors, Human Rights in to article I, section 8 of the Constitu- The whole purpose behind this bill is China (2002–5); Member of Council, American tion. Here is what it says. It very to say when you write a bill in this Law Institute (2006–); Counselor, American plainly lists the responsibilities of the Society of International Law, Washington, Congress and any Congress that follows Federal Government. When you think it, you have to know in that bill where DC (honorary post; 2008–); Thomas J. Dodd we are going to have a $3.6 trillion Research Center National Advisory Board you get the authority in the Constitu- (2001–); Board, National Democratic Institute budget and a $2 trillion deficit this tion to spend this money or to author- (2001–); Board of Human Rights First (for- year—and that is real accounting; that ize this program. You can still intro- merly Lawyers Committee for Human is not Washington gimmick account- duce a bill without it, but it creates a Rights) (2001–); Board of Human Rights in ing—how did we get to where we could point of order that says a Senator can China (2001–); Board of International Cam- do that? How did we get to where we challenge that bill on the basis of what paign for Tibet (2001–); Human Rights Watch can put our children and grandchildren (1994–98); Hopkins School (1997–); Interights the Constitution says because you have in such dire straits in their future? We not clearly stated in this new piece of (1996–98); St. Thomas’s Day School (1993–96); got to it by ignoring the enumerated Connecticut Civil Liberties Union (1993–7); legislation where you get the authority Initiative for Public Interest Law at Yale powers of the Constitution. as a Member of the Senate to author it (Chair, 1988–90); East Rock Institute (Sec- If you go to the textbooks and read when, in fact, it is outside the author- retary); YLS Early Learning Center (Treas- the history, you will see that Madison ity given to us under the Constitution. urer 1987–88) wrote that section. If you read what he The bill then sets up a debate on which BARS had to say about what he meant in ar- the Senate will have to vote. I am not New York (1981); District of Columbia ticle I, section 8 of the Constitution, he so naive as to believe I will win a whole (1981); Connecticut (1985); U.S. Supreme said, People are going to try to get lot of those, but I know I will win Court (1985); U.S. Ct. App., Eleventh Circuit around this. People are going to try to something, because the American peo- (1995); D.C. Circuit (1981); U.S. Dist. Ct., D.C. say it doesn’t mean what it means. ple want to hear that debate, and that (1981); D. Conn. (1985); U.S. Claims Ct. (1983) But, in fact, here is exactly what we debate is something they are not hear- REFERENCES: mean. Anything that we don’t want the ing today. Hon. Malcolm R. Wilkey (ret.), Santiago, Federal Government doing, we are They are not hearing our justifica- Chile, U.S. Ct. App. DC Cir. (Ret.) Sen. Russell Feingold Washington, D.C. going to specifically reserve for the tions why we can take freedom away Sen. Daniel Patrick Moynihan (ret.) Wash- States. That is where the 10th amend- and we can make a bigger, more power- ington, D.C. ment came from in the Bill of Rights. ful Federal Government that is going

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15874 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 to borrow more money from their chil- people where we think we get the au- Resolution, permits the Chairman of dren to spend on things we don’t need, thority to trample on the 10th amend- the Senate Budget Committee to ad- money we don’t have. The American ment, to tell them what to do, how to just the allocations of a committee or people are entitled to hear the rea- do it, and by the way, we need some committees, the aggregates, and other soning behind why we know so much money to tell you how to do that. The appropriate levels and limits in the better than they do, and to hear the whole goal of the Enumerated Powers resolution for legislation that makes reasoning why we can ignore the wis- Act is to make us accountable. My higher education more accessible and dom of our Founders in terms of our whole goal in the Senate has been affordable, including expanding and ability to grow the Federal Govern- transparency. We ought to be trans- strengthening student aid, such as Pell ment. parent about how we get or where we grants. These adjustments to S. Con. The Federal Government is far too get or from where we get the authority Res. 13 are contingent on the legisla- big and far too removed from people’s to grow the size of this government tion not increasing the deficit over ei- lives today. That is why we are feeling even further and to make it less effec- ther the period of the total of fiscal this rumble out in the country. That is tive. years 2009 through 2014 or the period of why people are worried about the defi- Finally, in a recent speech, retiring the total of fiscal years 2009 through cits. That is why people are worried Justice David Souter recently com- 2019. mented that the American Republic about their children’s future, because I find that the amendment in the na- ‘‘can be lost, it is being lost, it is lost, the debt is going to triple over the next ture of a substitute to H.R. 1777, a bill if it is not understood.’’ He went on to 10 years. We can’t even come close. In- to make technical corrections to the cite surveys that show Americans can- terest payments next year are going to Higher Education Act of 1965, and for not even name the three branches of be close to $500 billion. Think about other purposes, fulfills the conditions government. That is why he and re- that. Just the interest on the debt is of the deficit-neutral reserve fund for tired Justice Sandra Day O’Connor starting to approach a half a trillion higher education. Therefore, pursuant have both undertaken, in their retire- dollars a year—a half a trillion dollars to section 303, I am adjusting the ag- ment, efforts to restore America’s civic a year. Had we been prudent and not gregates in the 2010 budget resolution, education. borrowed money, that would be a half a as well as the allocation to the Senate trillion dollars we could either give I am convinced that if Americans know what is in the Constitution, they Health, Education, Labor, and Pen- back to the American people or create will start holding us accountable. Part sions Committee. tremendous abilities and opportunities of our job ought to be to explain how I ask unanimous consent that the fol- in terms of solving some of the prob- we can be accountable. We have 17 Sen- lowing revisions to S. Con. Res. 13 be lems in front of us today. Health care, ators who think this is a good idea. printed in the RECORD. for example. The reason why we can’t That is a lot for a bill in the Senate. I get a health care bill out of the HELP There being no objection, the mate- encourage my colleagues to look at Committee is because nobody is satis- rial was ordered to be printed in the this bill, to become accountable and fied with the tremendous costs that RECORD, as follows: transparent with our constituencies. CBO has estimated because we are I will end on one final note. When the CONCURRENT RESOLUTION ON THE spending tons of money. We don’t have Presiding Officer was sworn in this BUDGET FOR FISCAL YEAR 2010—S. the money, so we are now handicapped. year, he took an oath. That oath said CON. RES. 13; REVISIONS TO THE CON- FERENCE AGREEMENT PURSUANT TO This bill, S. 1319, requires that each he would uphold the Constitution. Not act of Congress shall contain a concise SECTION 303 DEFICIT-NEUTRAL RE- once in his oath did it mention the SERVE FUND FOR HIGHER EDUCATION explanation of the authority, the spe- State of Alaska from where he and the cific constitutional authority under people he represents in the Senate hail, [In billions of dollars] which this bill would be enacted. What but his oath was sworn to the better- Section 101– it does is makes Congress go to the ment of this country, not to the better- (1)(A) Federal Revenues: Constitution, and particularly article ment of Alaska, as mine is to the bet- FY 2009 ...... 1,532.579 I, section 8, and say, here is where I get terment of the country, not to the bet- FY 2010 ...... 1,653.728 the authority. We won’t win many of terment of Oklahoma. For Alaska and FY 2011 ...... 1,929.681 those arguments, even though many of Oklahoma can’t fare well if the coun- FY 2012 ...... 2,129.668 the bills will be outside of the author- try doesn’t fare well. So our Founders FY 2013 ...... 2,291.197 ity granted us under the Constitution. knew that when we took this oath to FY 2014 ...... 2,495.875 Thomas Jefferson thought such an uphold the Constitution, they knew (1)(B) Change in Federal exercise was vitally important—we our direction would be national inter- Revenues: have ignored his advice—he thought it ests and long term. We have fallen FY 2009 ...... 0.008 was important for Congress to under- away from that. We have become paro- FY 2010 ...... ¥12.258 take in order to study what those who chial and we have become short term. FY 2011 ...... ¥158.950 ratified the Constitution had in mind. This bill says you can still cheat on ¥ In a letter in 1823, he said this: the Constitution, but now you have to FY 2012 ...... 230.725 FY 2013 ...... ¥224.140 On every question of construction, let us explain to the American people why carry ourselves back to the time when the you are cheating, and there will be a FY 2014 ...... ¥137.783 Constitution was adopted, recollect the spir- point of order against any bill that (2) New Budget Authority: it manifested in the debates, and instead of doesn’t provide an explanation to the FY 2009 ...... 3,675.736 trying what meaning may be squeezed out of people. FY 2010 ...... 2,892.510 the text, or invented against it, conform to That is one of the ways we get our FY 2011 ...... 2,844.937 the probable one in which it was passed. country back because the American FY 2012 ...... 2,848.106 There is no question what the con- people become informed. I guarantee FY 2013 ...... 3,012.328 text and the meaning was of our you many will become outraged when FY 2014 ...... 3,188.867 Founders when they wrote out the enu- they hear some of the statements on merated powers section. We have pros- (3) Budget Outlays:– why the Senate thinks we have the au- FY 2009 ...... 3,358.952 tituted it to our own demise. The thority to do some of the things we do. words of Benjamin Franklin ring true With that, I yield the floor. FY 2010 ...... 3,004.544 FY 2011 ...... 2,970.592 today: Can we keep it. If we can keep f it. FY 2012 ...... 2,883.053 S. 1319 is a little exercise in self-dis- CHANGES TO S. CON. RES. 13 FY 2013 ...... 3,019.952 cipline for the Senate that maybe we Mr. CONRAD. Mr. President, section FY 2014 ...... 3,175.217 ought to be explaining to the American 303 of S. Con. Res. 13, the 2010 Budget ......

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0655 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15875 CONCURRENT RESOLUTION ON THE discretionary spending limits and the VOTE EXPLANATION BUDGET FOR FISCAL YEAR 2010—S. allocation to the Senate Committee on CON. RES. 13; REVISIONS TO THE CON- Mr. UDALL of Colorado. Mr. Presi- Appropriations for discretionary budg- dent, due to unexpected travel delays, I FERENCE AGREEMENT PURSUANT TO et authority and outlays by those SECTION 303 DEFICIT-NEUTRAL RE- missed a recorded vote on the Senate SERVE FUND FOR HIGHER EDUCATION amounts in 2010. floor on Monday, June 22, 2009. Had I In addition, I am also revising part of [In millions of dollars]– been present, I would have voted yea the adjustment I made last week to the on rollcall vote No. 211. Current Allocation to Sen- budgetary aggregates pursuant to sec- ate Health, Education, f Labor, and Pensions tion 401(c)(4) of S. Con. Res. 13 for the (At the request of Mr. REID, the fol- Committee:– conference report to H.R. 2346, a bill FY 2009 Budget Author- making supplemental appropriations lowing statement was ordered to be ity ...... ¥22,425 for the fiscal year ending September 30, printed in the RECORD.) FY 2009 Outlays ...... ¥19,056 2009. Specifically, I am reducing the PRISON RAPE ELIMINATION FY 2010 Budget Author- amount of the adjustment in budget REPORT ity ...... 4,497 authority and outlays by $11 million ∑ FY 2010 Outlays ...... 1,539 each in 2010. Mr. KENNEDY. Mr. President, I com- FY 2010–2014 Budget mend the members of the National Authority ...... 50,374 I ask unanimous consent that the following revisions to S. Con. Res. 13 be Prison Rape Elimination Commission FY 2010–2014 Outlays .... 44,507 for its excellent report and rec- printed in the RECORD. Adjustments: ommendations. Sadly, rape and sexual FY 2009 Budget Author- There being no objection, the mate- ity ...... ¥187 rial was ordered to be printed in the abuse have often been regarded as inevitable facts of life in prisons across the FY 2009 Outlays ...... ¥202 RECORD, as follows: FY 2010 Budget Author- country. Until now, the Federal Gov- ity ...... 32 CONCURRENT RESOLUTION ON THE ernment had never conducted a reliable FY 2010 Outlays ...... 36 BUDGET FOR FISCAL YEAR 2010—S. study of the issue—even though more CON. RES. 13; FURTHER REVISIONS TO FY 2010–2014 Budget than 2 million men and women are now Authority ...... 188 THE CONFERENCE AGREEMENT PUR- SUANT TO SECTION 401(c)(4) ADJUST- behind bars nationwide. The shocking FY 2010–2014 Outlays .... 199 reality is that 1 in 10 of those 2 million Revised Allocation to Sen- MENTS TO SUPPORT ONGOING OVER- ate Health, Education, SEAS DEPLOYMENTS AND OTHER AC- will be victims of rape. Labor, and Pensions TIVITIES At greatest risk are the 100,000 juve- Committee:– [In billions of dollars] nile inmates, the 200,000 men and FY 2009 Budget Author- Section 101 women held in immigration detention ity ...... ¥22,612 (1)(A) Federal Revenues: centers, and the many inmates suf- FY 2009 Outlays ...... ¥19,258 FY 2009 ...... 1,532.579 fering from mental illness. Juvenile fa- FY 2010 Budget Author- FY 2010 ...... 1,653.728 cilities in particular are regularly the ity ...... 4,529 FY 2011 ...... 1,929.681 site of shocking physical and mental FY 2010 Outlays ...... 1,575 FY 2012 ...... 2,129.668 FY 2010–2014 Budget FY 2013 ...... 2,291.197 abuse, and juveniles incarcerated in Authority ...... 50,562 FY 2014 ...... 2,495.875 adult facilities are five times more FY 2010–2014 Outlays .... 44,706 (1)(B) Change in Federal likely to report being victims of sexual Revenues: f assault than those in juvenile facili- FY 2009 ...... 0.008 ties. FURTHER CHANGES TO S. CON. FY 2010 ...... ¥12.258 The recommendations contained in RES. 13 FY 2011 ...... ¥158.950 FY 2012 ...... ¥230.725 this new report identify the steps and Mr. CONRAD. Mr. President, section FY 2013 ...... ¥224.140 standards needed to achieve safer con- 401(c)(4) of S. Con. Res. 13, the 2010 FY 2014 ...... ¥137.783 ditions in our prison system. The mem- budget resolution, permits the chair- (2) New Budget Authority: bers of the Commission deserve our man of the Senate Budget Committee FY 2009 ...... 3,675.736 gratitude for their skill and dedication to adjust the section 401(b) discre- FY 2010 ...... 2,892.499 in examining all aspects of this com- FY 2011 ...... 2,844.937 plex and serious problem, and so do all tionary spending limits, allocations FY 2012 ...... 2,848.106 pursuant to section 302(a) of the Con- FY 2013 ...... 3,012.328 those who contributed their knowledge gressional Budget Act of 1974, and ag- FY 2014 ...... 3,188.867 and expertise to the Commission’s gregates for legislation making appro- (3) Budget Outlays: work. Their leadership is a major step priations for fiscal years 2009 and 2010 FY 2009 ...... 3,358.952 toward resolving this festering crisis. for overseas deployments and other ac- FY 2010 ...... 3,004.533 I look forward to the important work tivities by the amounts provided in FY 2011 ...... 2,970.592 ahead by the Congress, the Attorney FY 2012 ...... 2,883.053 such legislation for those purposes and FY 2013 ...... 3,019.952 General, and the many dedicated pro- so designated pursuant to section FY 2014 ...... 3,175.217 fessionals, advocates, and experts to 401(c)(4). The adjustment is limited to ...... implement the Commission’s rec- the total amount of budget authority ommendations.∑ CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL specified in section 104(21) of S. Con. f Res. 13. For 2009, that limitation is YEAR 2010—S. CON. RES. 13; FURTHER REVISIONS TO $90.745 billion, and for 2010, it is $130 THE CONFERENCE AGREEMENT PURSUANT TO SECTION COMMENDING SARAH ANDERSON billion. 401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY Mr. THUNE. Mr. President, today I On June 18, 2009, the Senate Appro- AND OUTLAYS TO THE SENATE APPROPRIATIONS COM- rise to recognize Sarah Anderson, an priations Committee reported S. 1298, MITTEE AND THE SECTION 401(b) SENATE DISCRE- intern in my Washington, DC, office, the Department of Homeland Security TIONARY SPENDING LIMITS for all of the hard work she has done Appropriations Bill, 2010. The reported [In millions of dollars] for me, my staff, and the State of bill contains $242 million in funding South Dakota over the past several Initial Allo- Revised Al- that has been designated for overseas cation/Limit Adjustment location/ weeks. deployments and other activities pur- Limit Sarah is a graduate of Roosevelt suant to section 401(c)(4). The Congres- FY 2009 Discretionary Budget High School in Sioux Falls, SD. Cur- Authority ...... 1,482,201 0 1,482,201 sional Budget Office estimates that the FY 2009 Discretionary Outlays 1,247,872 0 1,247,872 rently she is attending the Dakota $242 million in designated funding will FY 2010 Discretionary Budget State University, where she is major- result in $194 million in new outlays in Authority ...... 1,086,027 242 1,086,269 ing in elementary and K–12 education. 2010. As a result, I am revising both the FY 2010 Discretionary Outlays 1,306,065 194 1,306,259 She is a hard worker who has been

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15876 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 dedicated to getting the most out of ADDITIONAL STATEMENTS Franklin entered the Army in 1955. her internship experience. He served in Germany as a tank gun- I would like to extend my sincere ner. thanks and appreciation to Sarah for THE NINE LOTHSPEICH BROTHERS Leon, the youngest of the nine all of the fine work she has done and ∑ Mr. DORGAN. Mr. President, there is Lothspeich brothers, served in the wish her continued success in the years no State in the Union that is prouder Army from 1954 to 1957. He was sta- to come. of its military heritage than North Da- tioned in Germany where he worked kota. When I began the North Dakota f with guided missiles. Veterans History Project a few years From World War II, through the Ko- COMMENDING BRADY BEHRENS ago to record the stories of our vet- rean conflict and into the early years Mr. THUNE. Mr. President, today I erans for future generations, the out- of the Cold War, Leon, Eugene, Harold, pouring of interest around the State rise to recognize Brady Behrens, an in- Edward, Donald, Gerald, Lyle, Marlin, resulted in more than 1,500 interviews. tern in my Washington, DC, office, for and Franklin Lothspeich served with In the past, I have spoken in this honor and bravery. These nine men, a all of the hard work he has done for Chamber about the nine North Dakota me, my staff, and the State of South ‘‘band of brothers,’’ made many sac- soldiers who earned Medals of Honor rifices for the safety and freedom of Dakota over the past several weeks. during a single campaign in the 1899 Brady is a graduate of Roosevelt our country and the world. Philippine Insurrection, about the Today I want to particularly honor High School in Sioux Falls, SD. Cur- famed 164th Infantry Regiment of the rently he is attending the University of three of the brothers who are still with North Dakota National Guard, about us: Lyle, Marlin, and Franklin. Nevada, Las Vegas, where he is major- the ‘‘Happy Hooligans’’ of the North ing in political science. He is a hard Our Nation is what it is today be- Dakota Air National Guard’s 119th cause of the soldiers, sailors, and air- worker who has been dedicated to get- Fighter Wing, and about Woody Keeble men like the Lothspeich brothers who ting the most out of his internship ex- who won the Medal of Honor for his were willing to leave their homes so perience. heroism in Korea. I would like to extend my sincere Today, I would like to tell you about many years ago and travel around the thanks and appreciation to Brady for some more North Dakota military he- world to protect our freedom. They did all of the fine work he has done and roes. On July 4 of this year, the city of it without complaint and without ques- wish him continued success in the Park River, ND, is going to devote part tion. They loved their country. years to come. of its 125th anniversary celebration to There is a verse that goes, ‘‘When the night is full of knives, and the light- f recognizing the military service of a truly remarkable North Dakota ‘‘band ning is seen, and the drums are heard, COMMENDING KATHERINE of brothers.’’ the patriots are always there, ready to DOUGLAS In 1920, Edward Lothspeich of fight and ready to die, if necessary, for freedom.’’ These brothers I have just Mr. THUNE. Mr. President, today I Langdon, ND, married Rose Dirkes of Sauk Centre, MN. They settled in described are true patriots. rise to recognize Katherine Douglas, an The story of the nine Lothspeich intern in my Washington, DC, office, Wales, ND, where Ed managed a lumber yard. In time, Ed and Rose Lothspeich bothers is a remarkable one. It illus- for all of the hard work she has done became the proud parents of nine sons trates the strength of character and for me, my staff, and the State of and one daughter. hardy determination that has served South Dakota over the past several The nine Lothspeich brothers hold a America so well for so many years. The weeks. unique record in the history of the Lothspeich brothers loved their coun- Katherine is a graduate of T.F. Riggs State of North Dakota. Each one of try and answered the call of duty. They High School in Pierre, SD. Currently them served in U.S. Armed Forces. stood up for America, and I am honored she is attending the University of That is most from any single family in to salute their service today in the South Dakota, where she is majoring our State. Senate.∑ in political science. She is a hard work- Let me tell you a bit about each of f er who has been dedicated to getting them. the most out of her internship experi- Eugene Lothspeich, the eldest son, 125TH ANNIVERSARY OF ence. served in the Army from 1942 to 1945. BERESFORD, SOUTH DAKOTA I would like to extend my sincere He was a machine gunner with the ∑ Mr. THUNE. Mr. President, today I thanks and appreciation to Katherine 337th Infantry Regiment through three recognize Beresford, SD. Founded in for all of the fine work she has done campaigns in Italy. He received the 1884, the town of Beresford will cele- and wish her continued success in the Purple Heart for wounds received in brate its 125th anniversary this year. years to come. the Apennines. Located in Lincoln and Union Coun- Harold served in the Army from 1943 f ty, Beresford possesses the strong sense to 1946. He served in the Pacific theater of community that makes South Da- COMMENDING HALEY VELLINGA and saw combat on the islands of Leyte kota an outstanding place to live and Mr. THUNE. Mr. President, today I and Luzon. work. Named after Lord Charles Edward served in the Navy from 1943 rise to recognize Haley Vellinga, an in- Beresford, an admiral in the British to 1946. He was a machinist’s mate and tern in my Washington, DC, office, for Navy and railroad enthusiast, repaired damaged ships while stationed all of the hard work she has done for Beresford has continued to be a strong in Hawaii and San Diego, CA. me, my staff, and the State of South Donald was inducted in the Army in reflection of South Dakota’s greatest Dakota over the past several weeks. 1950 and served for 2 years in Germany. values and traditions throughout its Haley is a graduate of Washington Gerald was drafted into the Army in rich history. The city of Beresford has High School in Sioux Falls, SD. Cur- 1950 and was stationed at Fort Lewis, much to be proud of and I am confident rently she is attending the Biola Uni- WA, for 2 years, except for a short pe- that Beresford’s success will continue versity, where she is majoring in com- riod when he was sent to Nevada to well into the future. munication. She is a hard worker who support nuclear weapons testing. The town of Beresford will com- has been dedicated to getting the most Lyle was inducted in the Army in memorate the 125th anniversary of its out of her internship experience. 1951. He served in Hawaii, Iceland, and founding with celebrations held on I would like to extend my sincere the U.S. Military Academy at West July 2 through July 5. I would like to thanks and appreciation to Haley for Point, where he was a rifle instructor. offer my congratulations to the citi- all of the fine work she has done and Marlin served in the Air Force from zens of Beresford on this milestone an- wish her continued success in the years 1951 to 1955. He served in Japan in the niversary and wish them continued to come. Air Force Medical Service Corps. prosperity in the years to come.∑

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15877 125TH ANNIVERSARY OF BLUNT, Located in Hanson County, Emery my congratulations to the citizens of SOUTH DAKOTA possesses the strong sense of commu- Seneca on this milestone anniversary ∑ Mr. THUNE. Mr. President, today I nity that makes South Dakota an out- and wish them continued prosperity in ∑ recognize Blunt, SD. Founded in 1884, standing place to live and work. the years to come. the town of Blunt will celebrate its Throughout its rich history, Emery has f continued to be a strong reflection of 125th anniversary this year. 125TH ANNIVERSARY OF TORONTO, South Dakota’s greatest values and Located in the plains region of SOUTH DAKOTA Hughes County, Blunt possesses the traditions. The city of Emery has much to be proud of and I am confident that ∑ Mr. THUNE. Mr. President, today I strong sense of community that makes recognize Toronto, SD. Founded in South Dakota an outstanding place to Emery’s success will continue well into the future. 1884, the town of Toronto will celebrate live and work. Named after railroad en- its 125th anniversary this year. gineer John E. Blunt, the town began The town of Emery will commemorate the 125th anniversary of its found- Located in Deuel County, Toronto as a railroad town, benefiting from the possesses the strong sense of commu- rapidly westward-expanding Chicago ing with celebrations held on July 3 through July 5. I would like to offer nity that makes South Dakota an out- Northwestern Railroad. A shipping and standing place to live and work. transportation hotspot, Blunt became my congratulations to the citizens of Emery on this milestone anniversary Throughout its rich history, Toronto the home of numerous pioneers and has continued to be a strong reflection homesteaders in the late 1800s who re- and wish them continued prosperity in the years to come.∑ of South Dakota’s greatest values and located to the Dakota Territory. traditions. The city of Toronto has f Throughout its rich history, Blunt has much to be proud of and I am confident continued to be a strong reflection of 125TH ANNIVERSARY OF LEOLA, that Toronto’s success will continue South Dakota’s greatest values and SOUTH DAKOTA well into the future. traditions. The city of Blunt has much ∑ Mr. THUNE. Mr. President, today I The town of Toronto will commemo- to be proud of and I am confident that recognize Leola, SD. Founded in 1884, rate the 125th anniversary of its found- Blunt’s success will continue well into the town of Leola will celebrate its ing with celebrations held on July 2 the future. 125th anniversary this year. through July 5. I would like to offer The town of Blunt will commemorate Serving as the county seat of my congratulations to the citizens of the 125th anniversary of its founding McPherson County, Leola possesses the Toronto on this milestone anniversary with celebrations held on June 27 strong sense of community that makes and wish them continued prosperity in through June 28. I would like to offer South Dakota an outstanding place to the years to come.∑ my congratulations to the citizens of live and work. Named after the daugh- f Blunt on this milestone anniversary ter of founder CPT E.D. Haynes, Leola and wish them continued prosperity in MESSAGES FROM THE PRESIDENT began as a town for homesteaders look- the years to come.∑ ing for a new future in the West. Messages from the President of the f Throughout, its rich history, Leola has United States were communicated to continued to be a strong reflection of the Senate by Mr. Williams, one of his 125TH ANNIVERSARY OF BRITTON, secretaries. SOUTH DAKOTA South Dakota’s greatest values and traditions. The city of Leola has much f ∑ Mr. THUNE. Mr. President, today I to be proud of and I am confident that EXECUTIVE MESSAGES REFERRED recognize Britton, SD. Founded in 1884, Leola’s success will continue well into As in executive session the Presiding the town of Britton will celebrate its the future. 125th anniversary this year. Officer laid before the Senate messages The town of Leola will commemorate from the President of the United Serving as the county seat of Mar- the 125th anniversary of its founding shall County, Britton possesses the States submitting sundry nominations with celebrations held on July 3 which were referred to the appropriate strong sense of community that makes through July 5. I would like to offer South Dakota an outstanding place to committees. my congratulations to the citizens of (The nominations received today are live and work. As the ‘‘Gateway to the Leola on this milestone anniversary Glacial Lakes,’’ Britton has grown printed at the end of the Senate pro- and wish them continued prosperity in ceedings.) from a small railroad town where the the years to come.∑ first claims were laid in 1884 into a f f town where businesses and families EXECUTIVE AND OTHER thrive. Throughout its rich history, 125TH ANNIVERSARY OF SENECA, COMMUNICATIONS SOUTH DAKOTA Britton has continued to be a strong The following communications were reflection of South Dakota’s greatest ∑ Mr. THUNE. Mr. President, today I laid before the Senate, together with values and traditions. The city of recognize Seneca, SD. Founded in 1884, accompanying papers, reports, and doc- Britton has much to be proud of and I the town of Seneca will celebrate its uments, and were referred as indicated: am confident that Britton’s success 125th anniversary this year. EC–2069. A communication from the Sec- will continue well into the future. Located in Faulk County, Seneca retary of Defense, transmitting a report on The town of Britton will commemo- possesses the strong sense of commu- the approved retirement of Lieutenant Gen- rate the 125th anniversary of its found- nity that makes South Dakota an out- eral Thomas F. Metz, United States Army, ing with celebrations held on July 3 standing place to live and work. Seneca and his advancement to the grade of lieuten- through July 5. I would like to offer began 125 years ago as a very pros- ant general on the retired list; to the Com- my congratulations to the citizens of perous railroad town; and throughout mittee on Armed Services. Britton on this milestone anniversary EC–2070. A communication from the Gen- its rich history, Seneca has continued eral Counsel, Selective Service System, and wish them continued prosperity in to be a strong reflection of South Da- transmitting, pursuant to law, the report of the years to come.∑ kota’s greatest values and traditions. a vacancy and designation of an acting offi- f The city of Seneca has much to be cer for the position of Director, Selective proud of and I am confident that Sen- Service System; to the Committee on Armed 125TH ANNIVERSARY OF EMERY, eca’s success will continue well into Services. SOUTH DAKOTA the future. EC–2071. A communication from the Under ∑ Secretary of Defense (Personnel and Readi- Mr. THUNE. Mr. President, today I The town of Seneca will commemo- ness), Department of Defense, transmitting, recognize Emery, SD. Founded in 1884, rate the 125th anniversary of its found- pursuant to law, a report entitled ‘‘2009 Re- the town of Emery will celebrate its ing with celebrations held on June 26 port to Congress on Sustainable Ranges’’; to 125th anniversary this year. through June 28. I would like to offer the Committee on Armed Services.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15878 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 EC–2072. A communication from the Assist- in the 800 MHz Band, Consolidating the 800 search, Employment Training Administra- ant Secretary, Legislative Affairs, Depart- and 900 MHz Industrial/Land Transportation tion, Department of Labor, transmitting, ment of State, transmitting, pursuant to and Business Pool Channels’’ ((WT Docket pursuant to law, the report of a rule entitled United States Policy in Iraq Act, section 1227 No. 02-55)(FCC09–49)) received in the Office of ‘‘Temporary Employment of H-2A Aliens in of the National Defense Authorization Act the President of the Senate on June 18, 2009; the United States’’ (RIN1205–AB55) received for Fiscal Year 2006, a report relative to the to the Committee on Commerce, Science, in the Office of the President of the Senate current military, diplomatic, political, and and Transportation. on June 18, 2009; to the Committee on the Ju- economic measures that are being or have EC–2081. A communication from the Acting diciary. been undertaken to complete our mission in Division Chief, Wireline Competition Bu- EC–2090. A communication from the Acting Iraq successfully; to the Committee on reau, Federal Communications Commission, Director, Office of Sustainable Fisheries, De- Armed Services. transmitting, pursuant to law, the report of partment of Commerce, transmitting, pursu- EC–2073. A communication from the Assist- a rule entitled ‘‘Jurisdictional Separations ant to law, the report of a rule entitled ‘‘Sus- ant Secretary, Global Strategic Affairs, De- and Referral to the Federal-State Joint pension of the Primary Season for Pacific partment of Defense, transmitting, pursuant Board’’ ((CC Docket No. 50–286)(FCC09–44)) Whiting Fishery for the Shore Based Sector to law, a report entitled ‘‘Cooperative Threat received in the Office of the President of the South of 42 Degree N. Lat.’’ ((RIN0648– Reduction Annual Report to Congress Fiscal Senate on June 18, 2009; to the Committee on XP43)(Docket No. 090428799-9802-01)) received Year 2010’’; to the Committee on Armed Commerce, Science, and Transportation. in the Office of the President of the Senate Services. EC–2082. A communication from the Acting on June 18, 2009; to the Committee on Com- EC–2074. A communication from the Chair- Division Chief, Wireline Competition Bu- merce, Science, and Transportation. man of the Board of Governors, Federal Re- reau, Federal Communications Commission, f serve System, transmitting, pursuant to law, transmitting, pursuant to law, the report of a report entitled ‘‘95th Annual Report of the a rule entitled ‘‘Local Number Portability REPORTS OF COMMITTEES Board of Governors of the Federal Reserve Porting Interval and Validation Require- The following reports of committees System’’; to the Committee on Banking, ments; Telephone Number Portability’’ ((WC Housing, and Urban Affairs. Docket No. 07–244)(FCC09–41)) received in the were submitted: EC–2075. A communication from the Chair- Office of the President of the Senate on June By Mr. INOUYE, from the Committee on man of the Board of Governors, Federal Re- 18, 2009; to the Committee on Commerce, Appropriations: serve System, transmitting, pursuant to law, Science, and Transportation. Special Report entitled ‘‘Revised Alloca- a report entitled ‘‘Report to the Congress on EC–2083. A communication from the Chief tion to Subcommittees of Budget Totals Profitability of Credit Card Operations of of the Endangered Species Listing, Fish and From the Concurrent Resolution, Fiscal Depository Institutions’’; to the Committee Wildlife Service, Department of the Interior, Year 2010’’ (Rept. No. 111–32). on Banking, Housing, and Urban Affairs. transmitting, pursuant to law, the report of By Mr. KERRY, from the Committee on EC–2076. A communication from the Acting a rule entitled ‘‘Endangered and Threatened Foreign Relations, with amendments: Director, Office of Sustainable Fisheries, De- Wildlife and Plants; Revised Designation of S. 962. A bill to authorize appropriations partment of Commerce, transmitting, pursu- Critical Habitat for the Quino Checkerspot for fiscal years 2009 through 2013 to promote ant to law, the report of a rule entitled Butterfly (Euphydryas editha quino)’’ an enhanced strategic partnership with ‘‘Magnuson-Stevens Fishery Conservation (RIN1018–AV23) received in the Office of the Pakistan and its people, and for other pur- and Management Act Provisions; Fisheries President of the Senate on June 17, 2009; to poses (Rept. No. 111–33). of the Northeastern United States; Atlantic the Committee on Environment and Public f Sea Scallop Fishery; Closure of the Elephant Works. Trunk Scallop Access Area to General Cat- EC–2084. A communication from the Direc- INTRODUCTION OF BILLS AND egory Scallop Vessels’’ (RIN0648-XP43) re- tor of Congressional Affairs, Federal and JOINT RESOLUTIONS ceived in the Office of the President of the State Materials & Environmental Manage- The following bills and joint resolu- Senate on June 18, 2009; to the Committee on ment, Nuclear Regulatory Commission, tions were introduced, read the first Commerce, Science, and Transportation. transmitting, pursuant to law, the report of EC–2077. A communication from the Acting a rule entitled ‘‘List of Approved Spent Fuel and second times by unanimous con- Director, Office of Sustainable Fisheries, De- Storage Casks; Standardized NUHOMS Sys- sent, and referred as indicated: partment of Commerce, transmitting, pursu- tem Revision 10’’ (RIN3150–AI62) received in By Mr. UDALL of Colorado (for himself ant to law, the report of a rule entitled the Office of the President of the Senate on and Mrs. GILLIBRAND): ‘‘Fisheries of the Northeastern United June 22, 2009; to the Committee on Environ- S. 1321. A bill to amend the Internal Rev- States; Tilefish Fishery; Quota Harvested for ment and Public Works. enue Code of 1986 to provide a credit for prop- Full-time Tier 2 Category’’ (RIN0648–XP65) EC–2085. A communication from the Chair- erty labeled under the Environmental Pro- received in the Office of the President of the man of the Federal Energy Regulatory Com- tection Agency Water Sense program; to the Senate on June 18, 2009; to the Committee on mission, transmitting, pursuant to law, a re- Committee on Finance. Commerce, Science, and Transportation. port entitled ‘‘A National Assessment of De- By Mr. DURBIN (for himself and Mr. EC–2078. A communication from the Acting mand Response Potential’’; to the Com- AKAKA): Director, Office of Sustainable Fisheries, De- mittee on Energy and Natural Resources. S. 1322. A bill to provide for the Captain partment of Commerce, transmitting, pursu- EC–2086. A communication from the Chief James A. Lovell Federal Health Care Center ant to law, the report of a rule entitled of the Publications and Regulations Branch, in Lake County, Illinois, and for other pur- ‘‘Fisheries of the Exclusive Economic Zone Internal Revenue Service, Department of the poses; to the Committee on Armed Services. Off Alaska; Deep-Water Species Fishery by Treasury, transmitting, pursuant to law, the By Mr. VITTER (for himself, Mr. Catcher Processor Rockfish Cooperatives in report of a rule entitled ‘‘Home Affordable INHOFE, Mr. BUNNING, Mr. BROWN- the Gulf of Alaska’’ (RIN0648–XP57) received Modification Program’’ (Rev. Rul. 2009–19) BACK, and Mr. ENSIGN): in the Office of the President of the Senate received in the Office of the President of the S. 1323. A bill to rescind ARRA funds re- on June 18, 2009; to the Committee on Com- Senate on June 18, 2009; to the Committee on jected by State Governors and local govern- merce, Science, and Transportation. Finance. ments and return them to the Treasury to EC–2079. A communication from the Acting EC–2087. A communication from the Rail- reduce the national debt to be inherited by Director, Office of Sustainable Fisheries, De- road Retirement Board, transmitting, pursu- future generations; to the Committee on Ap- partment of Commerce, transmitting, pursuant to law, a report entitled ‘‘Twenty-Fourth propriations. ant to law, the report of a rule entitled Actuarial Valuation of the Assets and Liabil- By Mr. DEMINT: ‘‘Fisheries of the Exclusive Economic Zone ities Under the Railroad Retirement Acts as S. 1324. A bill to ensure that every Amer- Off Alaska; Greenland Turbot in the Aleu- of December 31, 2007’’; to the Committee on ican has a health insurance plan that they tian Islands Subarea of the Bering Sea and Health, Education, Labor, and Pensions. can afford, own, and keep; to the Committee Aleutian Islands Management Area’’ EC–2088. A communication from the In- on Finance. (RIN0648–XP60) received in the Office of the spector General, General Services Adminis- By Mr. SPECTER: President of the Senate on June 18, 2009; to tration, Department of Defense and National S. 1325. A bill to amend the Internal Rev- the Committee on Commerce, Science, and Aeronautics and Space Administration, enue Code of 1986 to permanently extend and Transportation. transmitting, pursuant to law, the Semi-An- modify the section 45 credit for refined coal EC–2080. A communication from the Chief nual Report of the Inspector General for the from steel industry fuel, and for other pur- of the Policy and Rules Division, Office of 6-month period ending March 31, 2009; to the poses; to the Committee on Finance. Engineering and Technology, Federal Com- Committee on Homeland Security and Gov- By Mr. BAYH (for himself, Mr. SHELBY, munications Commission, transmitting, pur- ernmental Affairs. Ms. LANDRIEU, Mr. VITTER, Mr. DUR- suant to law, the report of a rule entitled EC–2089. A communication from the Ad- BIN, Mr. BOND, Mr. HARKIN, Mr. ‘‘Improving Public Safety Communications ministrator of Policy Development and Re- JOHANNS, Mr. WICKER, Mr. LUGAR,

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15879 Mr. COCHRAN, and Mr. NELSON of Ne- S. 229 thority of the Secretary of Agriculture braska): At the request of Mrs. BOXER, the regarding additional recreational uses S. 1326. A bill to amend the American Re- name of the Senator from Delaware of National Forest System land that covery and Reinvestment Tax Act of 2009 to (Mr. KAUFMAN) was added as a cospon- are subject to ski area permits, and for clarify the low-income housing credits that are eligible for the low-income housing grant sor of S. 229, a bill to empower women other purposes. election, and for other purposes; to the Com- in Afghanistan, and for other purposes. S. 628 mittee on Finance. S. 254 At the request of Mr. CONRAD, the By Mr. JOHNSON (for himself and Mr. At the request of Mrs. LINCOLN, the name of the Senator from Hawaii (Mr. MENENDEZ): names of the Senator from Massachu- INOUYE) was added as a cosponsor of S. S. 1327. A bill to reauthorize the public and setts (Mr. KENNEDY) and the Senator 628, a bill to provide incentives to phy- Indian housing drug elimination program of from Connecticut (Mr. LIEBERMAN) sicians to practice in rural and medi- the Department of Housing and Urban Devel- cally underserved communities. opment, and for other purposes; to the Com- were added as cosponsors of S. 254, a mittee on Banking, Housing, and Urban Af- bill to amend title XVIII of the Social S. 653 fairs. Security Act to provide for the cov- At the request of Mr. CARDIN, the By Mrs. FEINSTEIN (for herself and erage of home infusion therapy under names of the Senator from Rhode Is- Mrs. BOXER): the Medicare Program. land (Mr. WHITEHOUSE), the Senator S. 1328. A bill to provide for the exchange S. 369 from Illinois (Mr. BURRIS), the Senator of administrative jurisdiction over certain At the request of Mr. KOHL, the name from Alaska (Mr. BEGICH) and the Sen- Federal land between the Forest Service and of the Senator from Florida (Mr. NEL- ator from West Virginia (Mr. BYRD) the Bureau of Land Management, and for were added as cosponsors of S. 653, a other purposes; to the Committee on Energy SON) was added as a cosponsor of S. 369, and Natural Resources. a bill to prohibit brand name drug com- bill to require the Secretary of the By Mr. KOHL (for himself, Mr. CARDIN, panies from compensating generic drug Treasury to mint coins in commemora- Mr. DURBIN, and Mr. KENNEDY): companies to delay the entry of a ge- tion of the bicentennial of the writing S. 1329. A bill to authorize the Attorney neric drug into the market. of the Star-Spangled Banner, and for General to award grants to State courts to S. 461 other purposes. develop and implement State courts inter- S. 685 preter programs; to the Committee on the At the request of Mr. CRAPO, the name of the Senator from South Da- At the request of Mr. LAUTENBERG, Judiciary. the name of the Senator from Maine By Mrs. GILLIBRAND: kota (Mr. THUNE) was added as a co- S. 1330. A bill to amend the Food, Con- sponsor of S. 461, a bill to amend the (Ms. SNOWE) was added as a cosponsor servation, and Energy Act of 2008 to increase Internal Revenue Code of 1986 to extend of S. 685, a bill to require new vessels the payment rate for certain payments under and modify the railroad track mainte- for carrying oil fuel to have double the milk income loss contract program as an nance credit. hulls, and for other purposes. emergency measure; to the Committee on S. 690 S. 482 Agriculture, Nutrition, and Forestry. At the request of Mr. CARDIN, the At the request of Mr. FEINGOLD, the By Mrs. GILLIBRAND: name of the Senator from Maine (Ms. S. 1331. A bill to amend the Food, Con- name of the Senator from New York COLLINS) was added as a cosponsor of S. servation, and Energy Act of 2008 to index for (Mrs. GILLIBRAND) was added as a co- 690, a bill to amend the Neotropical Mi- inflation the payment rate for payments sponsor of S. 482, a bill to require Sen- gratory Bird Conservation Act to reau- under the milk income loss contract pro- ate candidates to file designations, thorize the Act. gram; to the Committee on Agriculture, Nu- statements, and reports in electronic trition, and Forestry. S. 705 form. f At the request of Mr. KERRY, the S. 571 name of the Senator from New York SUBMISSION OF CONCURRENT AND At the request of Mr. MENENDEZ, the (Mrs. GILLIBRAND) was added as a co- SENATE RESOLUTIONS names of the Senator from Hawaii (Mr. sponsor of S. 705, a bill to reauthorize The following concurrent resolutions INOUYE) and the Senator from Oregon the programs of the Overseas Private and Senate resolutions were read, and (Mr. MERKLEY) were added as cospon- Investment Corporation, and for other referred (or acted upon), as indicated: sors of S. 571, a bill to strengthen the purposes. Nation’s research efforts to identify By Mr. UDALL of Colorado (for himself S. 772 the causes and cure of psoriasis and and Mr. ISAKSON): At the request of Mr. BOND, the name S. Res. 200. A resolution designating Sep- psoriatic arthritis, expand psoriasis of the Senator from Oregon (Mr. tember 12, 2009, as ‘‘National Childhood Can- and psoriatic arthritis data collection, MERKLEY) was added as a cosponsor of cer Awareness Day’’; to the Committee on and study access to and quality of care S. 772, a bill to enhance benefits for the Judiciary. for people with psoriasis and psoriatic survivors of certain former members of By Mr. HARKIN (for himself and Mr. arthritis, and for other purposes. KENNEDY): the Armed Forces with a history of S. Res. 201. A resolution recognizing and S. 597 post-traumatic stress disorder or trau- honoring the tenth anniversary of the United At the request of Mrs. MURRAY, the matic brain injury, to enhance avail- States Supreme Court decision in Olmstead name of the Senator from Oregon (Mr. ability and access to mental health v. L.C., 527 U.S. 581 (1999); considered and MERKLEY) was added as a cosponsor of counseling for members of the Armed agreed to. S. 597, a bill to amend title 38, United Forces and veterans, and for other pur- By Mr. SCHUMER (for himself, Mr. States Code, to expand and improve poses. BROWNBACK, and Mrs. MURRAY): health care services available to S. Con. Res. 30. A concurrent resolution S. 795 commending the Bureau of Labor Statistics women veterans, especially those serv- At the request of Mr. HATCH, the on the occasion of its 125th anniversary; con- ing in Operation Iraqi Freedom and Op- name of the Senator from Maine (Ms. sidered and agreed to. eration Enduring Freedom, from the COLLINS) was added as a cosponsor of S. f Department of Veterans Affairs, and 795, a bill to amend the Social Security for other purposes. Act to enhance the social security of ADDITIONAL COSPONSORS S. 607 the Nation by ensuring adequate pub- S. 144 At the request of Mr. UDALL of Colo- lic-private infrastructure and to re- At the request of Mr. KERRY, the rado, the names of the Senator from solve to prevent, detect, treat, inter- name of the Senator from Indiana (Mr. California (Mrs. FEINSTEIN), the Sen- vene in, and prosecute elder abuse, ne- LUGAR) was added as a cosponsor of S. ator from Nevada (Mr. ENSIGN) and the glect, and exploitation, and for other 144, a bill to amend the Internal Rev- Senator from Idaho (Mr. RISCH) were purposes. enue Code of 1986 to remove cell phones added as cosponsors of S. 607, a bill to S. 797 from listed property under section amend the National Forest Ski Area At the request of Mr. DORGAN, the 280F. Permit Act of 1986 to clarify the au- name of the Senator from Michigan

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(Ms. STABENOW) was added as a cospon- patriotism, can challenge fate and of S. 1177, a bill to improve consumer sor of S. 797, a bill to amend the Indian change the course of history. protections for purchasers of long-term Law Enforcement Reform Act, the In- S. 979 care insurance, and for other purposes. dian Tribal Justice Act, the Indian At the request of Mr. DURBIN, the S. 1181 Tribal Justice Technical and Legal As- name of the Senator from Minnesota At the request of Mr. WYDEN, the sistance Act of 2000, and the Omnibus (Ms. KLOBUCHAR) was added as a co- name of the Senator from Delaware Crime Control and Safe Streets Act of sponsor of S. 979, a bill to amend the (Mr. CARPER) was added as a cosponsor 1968 to improve the prosecution of, and Public Health Service Act to establish of S. 1181, a bill to provide for a dem- response to, crimes in Indian country, a nationwide health insurance pur- onstration project to examine whether and for other purposes. chasing pool for small businesses and community-level public health inter- S. 812 the self-employed that would offer a ventions can result in lower rates of At the request of Mr. BAUCUS, the choice of private health plans and chronic disease for individuals entering name of the Senator from Arkansas make health coverage more affordable, the Medicare program. (Mrs. LINCOLN) was added as a cospon- predictable, and accessible. S. 1214 sor of S. 812, a bill to amend the Inter- S. 990 At the request of Mr. LIEBERMAN, the nal Revenue Code of 1986 to make per- At the request of Ms. STABENOW, the name of the Senator from Minnesota manent the special rule for contribu- name of the Senator from Illinois (Mr. (Ms. KLOBUCHAR) was added as a co- tions of qualified conservation con- DURBIN) was added as a cosponsor of S. sponsor of S. 1214, a bill to conserve tributions. 990, a bill to amend the Richard B. Rus- fish and aquatic communities in the S. 827 sell National School Lunch Act to ex- United States through partnerships At the request of Mr. ROCKEFELLER, pand access to healthy afterschool that foster fish habitat conservation, the name of the Senator from Mis- meals for school children in working to improve the quality of life for the sissippi (Mr. WICKER) was added as a families. people of the United States, and for cosponsor of S. 827, a bill to establish a S. 1023 other purposes. program to reunite bondholders with At the request of Mr. DORGAN, the S. 1221 matured unredeemed United States name of the Senator from Georgia (Mr. At the request of Mr. SPECTER, the savings bonds. ISAKSON) was added as a cosponsor of S. name of the Senator from Utah (Mr. S. 833 1023, a bill to establish a non-profit cor- BENNETT) was added as a cosponsor of At the request of Mr. SCHUMER, the poration to communicate United S. 1221, a bill to amend title XVIII of names of the Senator from Hawaii (Mr. States entry policies and otherwise the Social Security Act to ensure more INOUYE) and the Senator from Colorado promote leisure, business, and schol- appropriate payment amounts for (Mr. UDALL) were added as cosponsors arly travel to the United States. drugs and biologicals under part B of of S. 833, a bill to amend title XIX of S. 1026 the Medicare Program by excluding the Social Security Act to permit At the request of Mr. CORNYN, the customary prompt pay discounts ex- States the option to provide Medicaid name of the Senator from Mississippi tended to wholesalers from the manu- coverage for low-income individuals in- (Mr. WICKER) was added as a cosponsor facturer’s average sales price. fected with HIV. of S. 1026, a bill to amend the Uni- S. 1233 S. 848 formed and Overseas Citizens Absentee At the request of Ms. LANDRIEU, the At the request of Mrs. MCCASKILL, Voting Act to improve procedures for name of the Senator from Arkansas the name of the Senator from Michigan the collection and delivery of marked (Mr. PRYOR) was added as a cosponsor (Ms. STABENOW) was added as a cospon- absentee ballots of absent overseas uni- of S. 1233, a bill to reauthorize and im- sor of S. 848, a bill to recognize and formed service voters, and for other prove the SBIR and STTR programs clarify the authority of the States to purposes. and for other purposes. regulate intrastate helicopter medical S. 1067 S. 1261 services, and for other purposes. At the request of Mr. FEINGOLD, the At the request of Mr. AKAKA, the S. 879 names of the Senator from Louisiana name of the Senator from Tennessee At the request of Ms. COLLINS, the (Ms. LANDRIEU), the Senator from Dela- (Mr. ALEXANDER) was added as a co- name of the Senator from Kansas (Mr. ware (Mr. KAUFMAN) and the Senator sponsor of S. 1261, a bill to repeal title BROWNBACK) was added as a cosponsor from Washington (Ms. CANTWELL) were II of the REAL ID Act of 2005 and of S. 879, a bill to amend the Homeland added as cosponsors of S. 1067, a bill to amend title II of the Homeland Secu- Security Act of 2002 to provide immu- support stabilization and lasting peace rity Act of 2002 to better protect the nity for reports of suspected terrorist in northern Uganda and areas affected security, confidentiality, and integrity activity or suspicious behavior and re- by the Lord’s Resistance Army through of personally identifiable information sponse. development of a regional strategy to collected by States when issuing driv- S. 883 support multilateral efforts to success- er’s licenses and identification docu- At the request of Mr. KERRY, the fully protect civilians and eliminate ments, and for other purposes. names of the Senator from Illinois (Mr. the threat posed by the Lord’s Resist- S. 1265 DURBIN) and the Senator from North ance Army and to authorize funds for At the request of Mr. CORNYN, the Dakota (Mr. CONRAD) were added as co- humanitarian relief and reconstruc- name of the Senator from Oklahoma sponsors of S. 883, a bill to require the tion, reconciliation, and transitional (Mr. INHOFE) was added as a cosponsor Secretary of the Treasury to mint justice, and for other purposes. of S. 1265, a bill to amend the National coins in recognition and celebration of S. 1156 Voter Registration Act of 1993 to pro- the establishment of the Medal of At the request of Mr. HARKIN, the vide members of the Armed Forces and Honor in 1861, America’s highest award name of the Senator from Alaska (Mr. their family members equal access to for valor in action against an enemy BEGICH) was added as a cosponsor of S. voter registration assistance, and for force which can be bestowed upon an 1156, a bill to amend the Safe, Account- other purposes. individual serving in the Armed Serv- able, Flexible, Efficient Transportation S. 1267 ices of the United States, to honor the Equity Act: A Legacy for Users to re- At the request of Mr. MENENDEZ, the American military men and women authorize and improve the safe routes name of the Senator from Delaware who have been recipients of the Medal to school program. (Mr. CARPER) was added as a cosponsor of Honor, and to promote awareness of S. 1177 of S. 1267, a bill to amend title V of the what the Medal of Honor represents At the request of Mr. KOHL, the name Social Security Act to provide grants and how ordinary Americans, through of the Senator from Minnesota (Ms. to establish or expand quality pro- courage, sacrifice, selfless service and KLOBUCHAR) was added as a cosponsor grams providing home visitation for

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15881 low-income pregnant women and low- nology and practices that help raise Water is the lifeblood of the West. income families with young children, healthy plants and increase crop yields Recent droughts in the Southeast of and for other purposes. while using water resources more effi- our country remind us that no one is S. 1278 ciently and encourages the adoption of immune from water shortages. It is At the request of Mr. ROCKEFELLER, smart irrigation practices throughout with an eye to those experiences that I the name of the Senator from Michigan the United States to further improve rise today to introduce legislation that (Ms. STABENOW) was added as a cospon- water-use efficiency in agricultural, would take a measured and practical sor of S. 1278, a bill to establish the residential, and commercial activities. step toward conserving it. Consumers Choice Health Plan, a pub- S. RES. 161 The Water Accountability Tax Effi- lic health insurance plan that provides At the request of Mr. JOHNSON, the ciency Reinvestment Act of 2009—that an affordable and accountable health names of the Senator from Utah (Mr. is a mouthful, but if you boil it down insurance option for consumers. BENNETT), the Senator from New Mex- to its acronym, it is the WATER Act— At the request of Mr. NELSON of Ne- ico (Mr. BINGAMAN), the Senator from creates a tax incentive for individuals braska, the name of the Senator from Virginia (Mr. WARNER), the Senator and businesses to purchase products Utah (Mr. BENNETT) was added as a co- from Massachusetts (Mr. KERRY) and and services that use water at least 20 sponsor of S. 1279, a bill to amend the the Senator from Georgia (Mr. CHAM- percent more efficiently than com- Medicare Prescription Drug, Improve- BLISS) were added as cosponsors of S. parable technology. ment, and Modernization Act of 2003 to Res. 161, a resolution recognizing June It is very similar to the existing tax extend the Rural Community Hospital 2009 as the first National Hereditary credit we receive now for purchasing Demonstration Program. Hemorrhagic Telangiecstasia (HHT) energy-efficient Energy Star products. S. 1304 month, established to increase aware- Certainly, you see Energy Star prod- At the request of Mr. GRASSLEY, the ness of HHT, which is a complex ge- ucts all over homes, and increasingly names of the Senator from Kansas (Mr. netic blood vessel disorder that affects customers are purchasing them. BROWNBACK) and the Senator from Mas- approximately 70,000 people in the I thank my friend and colleague in sachusetts (Mr. KERRY) were added as United States. the House of Representatives, Con- cosponsors of S. 1304, a bill to restore S. RES. 199 gressman MIKE COFFMAN, for intro- the economic rights of automobile At the request of Mr. KOHL, the ducing this measure in the House. I am dealers, and for other purposes. names of the Senator from Indiana pleased to work with him in a bipartisan way, as he is a Republican, and in S.J. RES. 17 (Mr. BAYH), the Senator from Michigan a bicameral way. At the request of Mrs. FEINSTEIN, the (Mr. LEVIN) and the Senator from I urge my colleagues to join us in names of the Senator from New Mexico Rhode Island (Mr. WHITEHOUSE) were supporting this bill. Why? The more we (Mr. BINGAMAN), the Senator from Min- added as cosponsors of S. Res. 199, a can conserve today, the more we can nesota (Ms. KLOBUCHAR), the Senator resolution recognizing the contribu- decrease the demands on existing water from New York (Mr. SCHUMER), the tions of the recreational boating com- resources. Better yet, we can save our Senator from Rhode Island (Mr. WHITE- munity and the boating industry to the constituents and ourselves literally HOUSE) and the Senator from Montana continuing prosperity of the United hundreds of dollars in the process. (Mr. TESTER) were added as cosponsors States. What would the WATER Act do? It of S.J. Res. 17, a joint resolution ap- f would create a 30-percent tax credit on proving the renewal of import restric- STATEMENTS ON INTRODUCED the purchase of products that have tions contained in the Burmese Free- BILLS AND JOINT RESOLUTIONS earned the EPA’s WaterSense label, dom and Democracy Act of 2003, and By Mr. UDALL of Colorado (for with a maximum lifetime cap of $1,500. for other purposes. himself and Mrs. GILLIBRAND): That is a handsome incentive for us as At the request of Mr. MCCONNELL, S. 1321. A bill to amend the Internal consumers. the names of the Senator from New Revenue Code of 1986 to provide a cred- Like the Energy Star label awarded Hampshire (Mr. GREGG) and the Sen- it for property labeled under the Envi- by the EPA and Department of Energy, ator from Missouri (Mr. BOND) were ronmental Protection Agency Water the WaterSense label would be reserved added as cosponsors of S.J. Res. 17, Sense program; to the Committee on for those products that consume at supra. Finance. least 20 percent less water than com- S. CON. RES. 25 Mr. UDALL of Colorado. Mr. Presi- parable items. These products are be- At the request of Mr. MENENDEZ, the dent, there is an old saying that ‘‘you coming much more common. They in- names of the Senator from Rhode Is- don’t know what you’ve got until it’s clude many brands of faucets, toilets, land (Mr. WHITEHOUSE), the Senator gone.’’ It is true, especially when you shower heads, even irrigation services. from Ohio (Mr. BROWN) and the Senator are talking about water. We have a The predictions are that soon entire from Missouri (Mr. BOND) were added tendency to take water for granted homes would become WaterSense cer- as cosponsors of S. Con. Res. 25, a con- when we turn on our faucets or showers tified. current resolution recognizing the and when we want to water our yards. Not only is it a bonus for the envi- value and benefits that community We tend to use it inefficiently. We let ronment when we conserve water, but health centers provide as health care the faucet run when we are brushing it is helpful to our wallets. The cheap- homes for over 18,000,000 individuals, our teeth, or we water our lawns in the est gallon of water, frankly, like the and the importance of enabling health middle of the day when evaporation cheapest barrel of oil, is the one we centers and other safety net providers rates are at their highest. don’t use. to continue to offer accessible, afford- When you grow up in the desert, as I It is estimated by the EPA that with able, and continuous care to their cur- did, you learn to treasure water. Ev- some simple adjustments in the way we rent patients and to every American erything in the West is shaped by it, use water, the average household can who lacks access to preventive and pri- and you know that it might not always save close to $200 a year on their water mary care services. be there when you need it. This will be- and sewer bills. S. CON. RES. 28 come—particularly in my part of the There is an interesting nexus as well At the request of Mr. NELSON of Ne- country, but also in the Presiding Offi- between energy and water use. If we braska, the name of the Senator from cer’s State as well—more apparent as conserve energy water, we use less en- Washington (Ms. CANTWELL) was added we see lower snowpack and decreasing ergy. Less water means less energy to as a cosponsor of S. Con. Res. 28, a con- precipitation in the Southwest. Be- heat the water in our showers, our current resolution supporting the goals cause of climate change dynamics and sinks, our dishwashers, and the energy of Smart Irrigation Month, which rec- drought cycles, we are already experi- that is used to supply and treat public ognizes the advances in irrigation tech- encing those situations. water. EPA estimates if 1 percent of

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15882 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 American households used WaterSense- global climate change. These are poli- tions of the Environmental Protection Agen- certified toilets, each year we could cies we ought to be adopting anyway. cy WaterSense program, and save enough electricity to power 43,000 They simply have added significance ‘‘(2) the original use of which commences homes for a month, lower water bills, now, and they make perfect common with the taxpayer. ‘‘(d) APPLICATION WITH OTHER CREDITS.— and reduce demands on the environ- sense. ‘‘(1) BUSINESS CREDIT TREATED AS PART OF ment. That is something we ought to To return to the Water Act, which I GENERAL BUSINESS CREDIT.—So much of the be striving to accomplish. came to the Senate floor to discuss, credit which would be allowed under sub- Numerous groups already support this is a prime example of how we can section (a) for any taxable year (determined this legislation as it is written. I focus adapt and take some steps today that without regard to this subsection) that is at- in particular on my home State of Col- benefit all of us. If consumers in the tributable to property of a character subject orado where industry groups, water au- Colorado River Basin install to an allowance for depreciation shall be thorities, and local leaders in Colorado WaterSense products, they will de- treated as a credit listed in section 38(b) for such taxable year (and not allowed under have signed on to this concept. crease the demand on the overallocated subsection (a)). I wanted to also say that moving for- Colorado River Basin, reduce their ‘‘(2) PERSONAL CREDIT.— ward on this legislation gained added water and energy bills, and help head ‘‘(A) IN GENERAL.—For purposes of this importance for me last month when I off an impending problem as a result of title, the credit allowed under subsection (a) attended a briefing that the University climate change. This is a win-win-win for any taxable year (determined after appli- Corporation for Atmospheric Research across the board. cation of paragraph (1)) shall be treated as a held. This particular briefing was fo- Again, I come to the Senate floor to credit allowable under subpart A for such cused on the ways we will have to ask my colleagues to join me in sup- taxable year. ‘‘(B) LIMITATION BASED ON AMOUNT OF adapt our management of water reporting what is a commonsense, bipar- TAX.—In the case of a taxable year to which sources in response to the effects of cli- tisan, bicameral effort to save tax- section 26(a)(2) does not apply, the credit al- mate change. I know the Presiding Of- payers money and take a big practical lowed under subsection (a) for any taxable ficer and I share a real concern about step toward greater water conserva- year (determined after application of para- climate change. tion. graph (1)) shall not exceed the excess of— I used to think any discussion of As I close, I also add once again that ‘‘(i) the sum of the regular tax liability (as adapting to climate change was mis- we would be leading the world as it de- defined in section 26(b)) plus the tax imposed guided because we were giving in to the velops and the demand for water by section 55, over problem. We were saying we are going around the world increases. These ‘‘(ii) the sum of the credits allowable under subpart A (other than this section and sec- to let climate change occur. I have products would be available in the mar- tions 23, 25D, 30, and 30D) and section 27 for come to believe adapting to climate ketplaces in China, India, Brazil, and the taxable year. change is a recognition of reality. It is the developing world, which would help ‘‘(e) SPECIAL RULES.—For purposes of this having impacts all across our country. our economy and help create jobs as section— If we do not act now, we will not be well, which we are focused on sin- ‘‘(1) AGGREGATION RULES.—All persons meeting our responsibilities to not gularly as Senators. I know that is im- treated as a single employer under sub- only our constituents today but our portant in the Presiding Officer’s home section (a) or (b) of section 52, or subsection children and their children in the fu- State as well. (m) or (o) of section 414, shall be treated as a one person. ture. Mr. President, I ask unanimous con- ‘‘(2) BASIS REDUCTION.—For purposes of this In my State, all you have to do is sent that the text of the bill be printed subtitle, the basis of any property for which look, for example, at the Colorado in the RECORD. a credit is allowable under subsection (a) River. Colorado, Wyoming, Utah, Ari- There being no objection, the text of shall be reduced by the amount of such cred- zona, New Mexico, California, Nevada, the bill was ordered to be printed in it so allowed (determined without regard to and the country of Mexico have an the RECORD, as follows: subsection (d)). agreement that was reached about 80 S. 1321 ‘‘(3) NO DOUBLE BENEFIT.—The amount of any deduction or other credit allowable years ago on how to divide up the Colo- Be it enacted by the Senate and House of Rep- rado River. When that agreement was under this chapter with respect to any prop- resentatives of the United States of America in erty for which credit is allowable under sub- reached, I believe, in 1922, we thought Congress assembled, section (a) shall be reduced by the amount of there were 16.5 million acre feet of SECTION 1. SHORT TITLE. credit allowed under subsection (a) with re- water we could divide among all those This Act may be cited as the ‘‘Water Ac- spect to such property (determined without States and communities. We now be- countability Tax Efficiency Reinvestment regard to subsection (d)). lieve that time period, when we took Act of 2009’’ or as the ‘‘WATER Act of 2009’’. ‘‘(4) PROPERTY USED OUTSIDE UNITED STATES those numbers interest account, was a SEC. 2. CREDIT FOR WATERSENSE LABELED NOT QUALIFIED.—No credit shall be allowable particularly wet period in the history PROPERTY. under subsection (a) with respect to any (a) IN GENERAL.—Subpart B of part IV of of the Colorado River Basin. Our best property referred to in section 50(b)(1). subchapter A of chapter 1 of the Internal ‘‘(f) TERMINATION.—This section shall not guess now is there is only about 14.5 Revenue Code of 1986 is amended by adding apply to any property placed in service after million acre feet available, and 16.5 at the end the following new section: December 31, 2010.’’. million versus 14.5 million—there is a ‘‘SEC. 30E. WATERSENSE LABELED PROPERTY. (b) CONFORMING AMENDMENTS.— 2-million-acre-foot deficit there, and it ‘‘(a) ALLOWANCE OF CREDIT.—There shall (1)(A) Section 24(b)(3)(B) of the Internal is causing increasing concern. allowed as a credit against the tax imposed Revenue Code of 1986 is amended by striking So these water shortages that are by this chapter for the taxable year an ‘‘and 30D’’ and inserting ‘‘30D, and 30E’’. possible because of climate change, amount equal to 30 percent of the amounts (B) Section 25(e)(1)(C)(ii) of such Code is combined with drought cycles that are paid or incurred by the taxpayer during such amended by inserting ‘‘30E,’’ after ‘‘30D,’’. (C) Section 25B(g)(2) of such Code is normal, have the potential to cause taxable year for certified WaterSense labeled property. amended by striking ‘‘and 30D’’ and inserting great political tension and con- ‘‘(b) LIFETIME LIMITATION.—The aggregate ‘‘30D, and 30E’’. troversy. The river levels in the Colo- amount of the credits allowed under this sec- (D) Section 26(a)(1) of such Code is amend- rado basin most likely are going to get tion with respect to any taxpayer for any ed by striking ‘‘and 30D’’ and inserting ‘‘30D, lower, and that means serious impacts taxable year shall not exceed the excess (if and 30E’’. for businesses, homes, and farmers in any) of $1,500 over the aggregate credits al- (E) Section 904(i) of such Code is amended seven States and two counties. The lowed under this section with respect to such by striking ‘‘and 30D’’ and inserting ‘‘30D, longer we wait to take practical steps taxpayer for all prior taxable years. and 30E’’. ‘‘(c) CERTIFIED WATERSENSE LABELED (F) Section 1400C(d)(2) of such Code is to adjust the steps of climate change, PROPERTY.—For purposes of this section, the amended by striking ‘‘and 30D’’ and inserting the harder it will become to deal with term ‘certified WaterSense labeled property’ ‘‘30D, and 30E’’. them. means any property— (2) Section 1016(a) of such Code is amended The good news is we have options ‘‘(1) which is certified by a licensed inde- by striking ‘‘and’’ at the end of paragraph that will do more than help address pendent third party as meeting specifica- (36), by striking the period at the end of

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15883 paragraph (37) and inserting ‘‘, and’’, and by the Department of Defense and the Depart- termination by the applicable Secretary, adding at the end the following new para- ment of Veterans Affairs of the Navy ambu- plus such additional time as the Adminis- graph: latory care center described in section 2(a)(1) trator may require to effectuate and memo- ‘‘(38) to the extent provided in section as the Secretary of Defense (in consultation rialize such transfer. 30E(e)(2).’’. with the Secretary of the Navy) and Sec- (C) REVERSION PROCEDURES.—The executive (3) The table of sections for subpart B of retary of the Department of Veterans Affairs agreement required by section 2 shall pro- part IV of subchapter A of chapter 1 of such shall jointly establish for purposes of this vide the following: Code is amended by adding at the end the section not later than 180 days after the date (i) Specific procedures for the reversion of following new item: of the enactment of this Act. real and related personal property, as appro- ‘‘Sec. 30E. WaterSense labeled property.’’. (3) DELAY OF TRANSFER FOR COMPLETION OF priate, transferred pursuant to subsection (a) (c) EFFECTIVE DATE.—The amendments CONSTRUCTION.—If construction on the cen- to ensure the continuing accomplishment by made by this section shall apply to property ter, structures, and facilities described in the Department of Defense and the Depart- placed in service after the date of the enact- paragraph (1) is not complete as of the date ment of Veterans Affairs of their missions in ment of this Act. specified in subparagraph (A) or (B) of that the event that the integration of facilities paragraph, as applicable, the transfer of the described transferred pursuant to that sub- By Mr. DURBIN (for himself and center, structures, and facilities under that section (a) is not completed or a reversion of paragraph may occur thereafter upon com- property occurs under subparagraph (A) or Mr. AKAKA): S. 1322. A bill to provide for the Cap- pletion of the construction. (B). (4) DISCHARGE OF TRANSFER.—The Adminis- (ii) In the event of a reversion under this tain James A. Lovell Federal Health trator of General Services shall effectualize paragraph, the transfer from the Department Care Center in Lake County, Illinois, and memorialize the transfer as authorized of Veterans Affairs to the Department of De- and for other purposes; to the Com- by this subsection not later than 30 days fense of associated functions including ap- mittee on Armed Services. after receipt of the request for the transfer. propriate resources, civilian positions, and Mr. DURBIN. Mr. President, I ask (5) DESIGNATION OF FACILITY.—The center, personnel, in a manner that will not result unanimous consent that the text of the structures, facilities transferred under this in adverse impact to the missions of Depart- bill be printed in the RECORD. subsection shall be designated and known ment of Defense or the Department of Vet- There being no objection, the text of after transfer under this subsection as the erans Affairs. the bill was ordered to be printed in ‘‘Captain James A. Lovell Federal Health SEC. 4. TRANSFER OF CIVILIAN PERSONNEL OF Care Center’’. THE DEPARTMENT OF DEFENSE. the RECORD, as follows: (b) REVERSION.— (a) TRANSFER OF FUNCTIONS.—The Sec- S. 1322 (1) IN GENERAL.—If any of the real and re- retary of Defense and the Secretary of the Be it enacted by the Senate and House of Rep- lated personal property transferred pursuant Navy may transfer to the Secretary of Vet- resentatives of the United States of America in to subsection (a) is subsequently used for erans Affairs functions necessary for the ef- Congress assembled, purposes other than those specified in the ex- fective operation of the Captain James A. SECTION 1. SHORT TITLE. ecutive agreement required by section 2, or Lovell Federal Health Care Center. The Sec- This Act may be cited as the ‘‘Captain is otherwise jointly determined by the Sec- retary of Veterans Affairs may accept any James A. Lovell Federal Health Care Center retary of Defense and the Secretary of Vet- functions so transferred. Act of 2009’’. erans Affairs to be excess to the needs of the (b) TERMS.— SEC. 2. EXECUTIVE AGREEMENT. Captain James A. Lovell Federal Health Care (1) EXECUTIVE AGREEMENT.—Any transfer of (a) EXECUTIVE AGREEMENT REQUIRED.—Not Center, the Secretary of Veterans Affairs functions under subsection (a) shall be car- later than 180 days after the date of the en- shall offer to transfer jurisdiction over such ried out as provided in the executive agree- actment of this Act, the Secretary of De- property, without reimbursement, to the ment required by section 2. The functions to fense, in consultation with the Secretary of Secretary of Defense. Any such transfer shall be so transferred shall be identified utilizing the Navy, and the Secretary of Veterans Af- be carried out by the Administrator of Gen- the provisions of section 3503 of title 5, fairs shall execute a signed executive agree- eral Services not later than one year after United States Code. ment for the joint use by the Department of the acceptance of the offer of such transfer, (2) ELEMENTS.—In providing for the trans- Defense and the Department of Veterans Af- plus such additional time as the Adminis- fer of functions under subsection (a), the ex- fairs of the following: trator may require to effectuate and memo- ecutive agreement required by section 2 (1) A new Navy ambulatory care center (on rialize such transfer. shall provide for the following: which construction commenced in July 2008), (2) REVERSION IN EVENT OF LACK OF FACILI- (A) The transfer of civilian employee posi- parking structure, and supporting structures TIES INTEGRATION.— tions of the Department of Defense identified and facilities in North Chicago, Illinois, and (A) WITHIN INITIAL PERIOD.—During the in the executive agreement to the Depart- Great Lakes, Illinois. five-year period beginning on the date of the ment of Veterans Affairs, and of the incum- (2) Medical personal property and equip- transfer of real and related personal property bent civilian employees in such positions, ment relating to the center, structures, and pursuant to subsection (a), if the Secretary and the transition of the employees so trans- facilities described in paragraph (1). of Veterans Affairs, the Secretary of De- ferred to the pay, benefits, and personnel (b) SCOPE.—The agreement required by fense, and the Secretary of Navy jointly de- systems that apply to employees of the De- subsection (a) shall— termine that the integration of the facilities partment of Veterans Affairs (to the extent (1) be a binding operational agreement on transferred pursuant to that subsection that different systems apply). matters under the areas specified in section should not continue, jurisdiction over such (B) The transition of employees so trans- 706 of the Duncan Hunter National Defense real and related personal property shall be ferred to the pay systems of the Department Authorization Act for Fiscal Year 2009 (Pub- transferred, without reimbursement, to the of Veterans Affairs in a manner which will lic Law 110–417; 122 Stat. 4500); and Secretary of Defense. The transfer under this not result in any reduction in an employee’s (2) contain additional terms and conditions subparagraph shall be carried out by the Ad- regular rate of compensation (including as required by the provisions of this Act. ministrator of General Services not later basic pay, locality pay, any physician com- SEC. 3. TRANSFER OF PROPERTY. than 180 days after the date of the deter- parability allowance, and any other fixed (a) TRANSFER.— mination by the Secretaries, plus such addi- and recurring pay supplement) at the time of (1) TRANSFER AUTHORIZED.—The Secretary tional time as the Administrator may re- transition. of Defense, acting through the Adminis- quire to effectuate and memorialize such (C) The continuation after transfer of the trator of General Services, may transfer, transfer. same employment status for employees so without reimbursement, to the Secretary of (B) AFTER INITIAL PERIOD.—After the end of transferred who have already successfully Veterans Affairs jurisdiction over the center, the five-year period described in subpara- completed or are in the process of com- structures, facilities, and property and graph (A), if the Secretary of Veterans Af- pleting a one-year probationary period under equipment covered by the executive agree- fairs or the Secretary of Defense determines title 5, United States Code, notwithstanding ment under section 2. that the integration of the facilities trans- the provisions of section 7403(b)(1) of title 38, (2) DATE OF TRANSFER.—The transfer au- ferred pursuant to subsection (a) should not United States Code. thorized by paragraph (1) may not occur be- continue, the Secretary of Veterans Affairs (D) The extension of collective bargaining fore the earlier of— shall transfer, without reimbursement, to rights under title 5, United States Code, to (A) the date that is five years after the the Secretary of Defense jurisdiction over employees so transferred in positions listed date of the execution under section 2 of the the real and related personal property de- in subsection 7421(b) of title 38, United executive agreement required by that sec- scribed in subparagraph (A). Any transfer States Code, notwithstanding the provisions tion; or under this subparagraph shall be carried out of section 7422 of title 38, United States Code, (B) the date of the completion of such spe- by the Administrator of General Services not for a two-year period beginning on the effec- cific benchmarks relating to the joint use by later than one year after the date of the de- tive date of the executive agreement.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15884 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 (E) At the end of the two-year period be- fense and the Department of Veterans Af- SEC. 6. ELIGIBILITY OF MEMBERS OF THE UNI- ginning on the effective date of the executive fairs, respectively. FORMED SERVICES FOR CARE AND SERVICES AT THE CAPTAIN JAMES agreement, for the following actions by the (4) TRANSFERS FROM MEDICAL CARE COLLEC- A. LOVELL FEDERAL HEALTH CARE Secretary of Veterans Affairs with respect to TIONS.— CENTER. the extension of collective bargaining rights (A) IN GENERAL.—Amounts collected under (a) IN GENERAL.—For purposes of eligi- under subparagraph (D): the authorities specified in subparagraph (B) bility for health care under chapter 55 of (i) Consideration of the impact of the ex- for health care provided at the Captain title 10, United States Code, the Captain tension of such rights. James A. Lovell Federal Health Care Center James A. Lovell Federal Health Care Center (ii) Consultation with exclusive employee may be transferred to the Fund under para- may be treated as a facility of the uniformed representatives of the transferred employees graph (2)(C). services to the extent provided under sub- about such impact. (B) AUTHORITIES.—The authorities speci- section (b) in the executive agreement re- (iii) Determination, after consultation fied in this subparagraph are the following: quired by section 2. with the Secretary of Defense and the Sec- (i) Section 1095 of title 10, United States (b) ADDITIONAL ELEMENTS.—The executive retary of the Navy, whether the extension of Code. agreement required by section 2 may include such rights should be terminated, modified, (ii) Section 1729 of title 38, United States provisions as follows: or kept in effect. Code. (1) To establish an integrated priority list (iv) Submittal to Congress of a notice re- (iii) Public Law 87–693, popularly known as for access to health care at the Captain garding the determination made under the ‘‘Federal Medical Care Recovery Act’’ (42 James A. Lovell Federal Health Care Center, clause (iii). U.S.C. 2651 et seq.). which list shall— (F) The recognition after transfer of each (5) ADMINISTRATION.—The Fund shall be ad- (A) integrate the respective health care transferred physician’s and dentist’s total ministered in accordance with such provi- priority lists of the Secretary of Defense and number of years of service as a physician or sions of the executive agreement required by the Secretary of Veterans Affairs; and dentist in the Department of Defense for pur- section 2 as the Secretary of Defense and the (B) take into account categories of bene- poses of calculating such employee’s rate of Secretary of Veterans Affairs shall jointly ficiaries, enrollment program status, and base pay, notwithstanding the provisions of include in the executive agreement. Such such other matters as the Secretary of De- section 7431(b)(3) of title 38, United States provisions shall provide for an independent fense and the Secretary of Veterans Affairs Code. review of the methodology established under jointly consider appropriate. (G) The preservation of the seniority of the paragraph (3). (2) To incorporate any resource-related limitations for access to health care at the employees so transferred for all pay pur- (c) AVAILABILITY.— Captain James A. Lovell Federal Health Care poses. (1) IN GENERAL.—Funds transferred to the (c) RETENTION OF DEPARTMENT OF DEFENSE Fund under subsection (b) shall be available Center that the Secretary of Defense may es- EMPLOYMENT AUTHORITY.—Notwithstanding to fund the operations of the Captain James tablish for purposes of administering space- available eligibility for care in facilities of subsections (a) and (b), the Department of A. Lovell Federal Health Care Center, in- the uniformed services under chapter 55 of Defense may employ civilian personnel at cluding capital equipment, real property title 10, United States Code. the Captain James Lovell Federal Health maintenance, and minor construction (3) To allocate financial responsibility for Care Center if the Secretary of the Navy, or projects that are not required to be specifi- care provided at the Captain James A. Lovell a designee of the Secretary, determines it is cally authorized by law under section 2805 of Federal Health Care Center for individuals necessary and appropriate to meet mission title 10, United States Code, or section 8104 who are eligible for care under both chapter requirements of the Department of the Navy. of title 38, United States Code. 55 of title 10, United States Code, and title SEC. 5. JOINT FUNDING AUTHORITY FOR THE (2) LIMITATION.—The availability of funds 38, United States Code. CAPTAIN JAMES A. LOVELL FED- transferred to the Fund under subsection ERAL HEALTH CARE CENTER. (4) To waive the applicability to the Cap- (b)(2)(C) shall be subject to the provisions of tain James A. Lovell Federal Health Care (a) IN GENERAL.—The Department of Vet- section 1729A of title 38, United States Code. erans Affairs/Department of Defense Health- Center of any provision of section 8111(e) of (3) PERIOD OF AVAILABILITY.— title 38, United States Code, that the Sec- Care Resources Sharing Committee under (A) IN GENERAL.—Except as provided in section 8111(b) of title 38, United States retary of Defense and the Secretary of Vet- subparagraph (B), funds transferred to the erans Affairs shall jointly specify. Code, may provide for the joint funding of Fund under subsection (b) shall be available the Captain James A. Lovell Federal Health SEC. 7. EXTENSION OF DOD–VA HEALTH CARE under paragraph (1) for one fiscal year after SHARING INCENTIVE FUND. Care Center in accordance with the provi- transfer. sions of this section. Section 8111(d)(3) of title 38, United States (B) EXCEPTION.—Of an amount transferred Code, is amended by striking ‘‘September 30, (b) HEALTH CARE CENTER FUND.— to the Fund under subsection (b), an amount 2010’’ and inserting ‘‘September 30, 2015’’. (1) ESTABLISHMENT.—There is established not to exceed two percent of such amount on the books of the Treasury under the De- shall be available under paragraph (1) for two By Mr. SPECTER: partment of Veterans Affairs a fund to be fiscal years after transfer. S. 1325. A bill to amend the Internal known as the ‘‘Captain James A. Lovell Fed- (d) FINANCIAL RECONCILIATION.—The execu- eral Health Care Center Fund’’ (in this sec- Revenue Code of 1986 to permanently tive agreement required by section 2 shall tion referred to as the ‘‘Fund’’). extend and modify the section 45 credit provide for the development and implemen- (2) ELEMENTS.—The Fund shall consist of for refined coal from steel industry tation of an integrated financial reconcili- the following: fuel, and for other purposes; to the ation process that meets the fiscal reconcili- (A) Amounts transferred to the Fund by Committee on Finance. ation requirements of the Department of De- the Secretary of Defense, in consultation fense, the Department of the Navy, and the Mr. SPECTER. Mr. President, I have with the Secretary of the Navy, from Department of Veterans Affairs. The process sought recognition to introduce legis- amounts authorized to be appropriated for shall permit each of the Department of De- lation to make permanent a tax credit the Department of Defense. fense, the Department of Navy, and the De- for the production of Steel Industry (B) Amounts transferred to the Fund by partment of Veterans Affairs to identify Fuel, SIF. SIF is used by the domestic the Secretary of Veterans Affairs from their fiscal contributions to the Fund, tak- amounts authorized to be appropriated for steel industry as a feedstock for the ing into consideration accounting, workload, the Department of Veterans Affairs. manufacture of coke, which is coal and financial management differences. (C) Amounts transferred to the Fund from that has been carbonized and is used as medical care collections under paragraph (4). (e) ANNUAL REPORT.—The Secretary of De- a fuel in steel making. (3) DETERMINATION OF AMOUNTS TRANS- fense, in consultation with the Secretary of Last fall, Congress enacted a new tax FERRED GENERALLY.—The amount trans- the Navy, and the Secretary of Veterans Af- credit under the refined coal provision ferred to the Fund by each of the Secretary fairs shall jointly provide for an annual inde- of section 45 of the Internal Revenue of Defense and the Secretary of Veterans Af- pendent review of the Fund for at least three Code for the production of this fuel fairs under subparagraphs (A) and (B), as ap- years after the date of the enactment of this product made from coal waste sludge plicable, of paragraph (2) each fiscal year Act. Such review shall include detailed statements of the uses of amounts of the and coal. This tax credit supports SIF shall be such amount, as determined by a projects that may not otherwise be via- methodology jointly established by the Sec- Fund and an evaluation of the adequacy of retary of Defense and the Secretary of Vet- the proportional share contributed to the ble due to materials, process, tech- erans Affairs for purposes of this subsection, Fund by each of the Secretary of Defense and nology and other transaction costs. As that reflects the mission-specific activities, the Secretary of Veterans Affairs. originally enacted, the SIF credit pro- workload, and costs of provision of health (f) TERMINATION.—The authorities in this vides for a one-year credit period. care at the Captain James A. Lovell Federal section shall terminate on September 30, There are numerous reasons that Health Care Center of the Department of De- 2015. favor extending the tax incentives for

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15885 SIF: it has significant energy, environ- ducing SIF will typically be located on coke. Such ‘‘pet coke’’ has tradition- mental, and economic benefits. First, land leased from a steel company or ally been used by steel companies/coke SIF recaptures the BTU content of coal other owner of a coking operation. operators in a blend with coal as a waste sludge; second, its production is Such a lessor will not be treated as feedstock for coke. The bill provides the preferred method of coal waste having an ownership interest in the that its presence in SIF does not inval- sludge disposal and is done so in a man- SIF facility because it leases land and idate or otherwise reduce the credit. ner approved by the Environmental related facilities, sells coal waste SIF projects will expand our domes- Protection Agency, EPA; and third, it sludge or coal feedstock, and/or buys tic energy resources by using what provides the economic and financial SIF so long as such person’s entitle- would otherwise be a hazardous waste benefits of making our domestic steel ment to rent and/or other net pay- of the coking process in a fuel product. industry more competitive by lowering ments is measured by a fixed dollar The availability of the tax credit will production and operational costs. amount or a fixed dollar amount per attract outside investment to the steel The production of SIF is the most fa- ton, or otherwise determined without and coke production industries and vorable method of disposing of coal reference to the profit or loss of the fa- promote job growth in the domestic waste sludge from an energy resource cility. Similarly, a licensor of tech- steel production industry and in re- and environmental perspective. The nology will not be treated as having an lated industries that service the steel disposal of coal waste sludge would ownership interest in the SIF facility and coke production industries. I urge otherwise be treated as a hazardous because it is entitled to a royalty and/ my colleagues to support this legisla- waste under applicable Federal envi- or other payment that is a fixed tion. ronmental rules. The alternative meth- amount per ton or otherwise deter- By Mrs. FEINSTEIN (for herself ods of disposal are to transport the mined without regard to the profit or and Mrs. BOXER): coal waste sludge off-site for inciner- loss of the facility. Such arrangements S. 1328. A bill to provide for the ex- may also cause facilities that produce ation or to foreign countries for land- change of administrative jurisdiction SIF to operate at a loss before the filling. Both options require the phys- over certain Federal land between the credit is taken into account; however, ical conveyance of a waste product, Forest Service and the Bureau of Land it is intended that the occurrence of which is a dangerous, cumbersome, and Management, and for other purposes; such a ‘‘pre-tax loss’’ will not affect en- expensive undertaking. The more obvi- to the Committee on Energy and Nat- titlement to this credit, regardless of ous drawback is the failure to recap- ural Resources. ture the energy content of the coal whether such ‘‘pre-tax loss’’ is caused Mrs. FEINSTEIN. Mr. President, I waste sludge. by the terms of the lease, license, sup- rise on behalf of myself and Senator An extension of the SIF tax incentive ply or sales contracts between the par- BOXER to introduce legislation to im- is of critical importance in the current ties. To that end, the bill provides nec- prove the administration of Chappie- economic downturn, and its sunset essary flexibility for varying cir- Shasta Off-Highway Vehicle area by re- would have a negative impact on the cumstances of ownership interests and ducing unnecessary bureaucracy and industry. Steel companies and coke clarifies that the existence of such ar- aiding in proper enjoyment of these plant operators are incurring losses as rangements will not prevent the equity Federal lands. the demand for their product has dried owner of a facility from receiving tax This bill is simple. It interchanges up. There have been significant layoffs credits for its sales of SIF. This provi- the administrative jurisdiction of cer- at the major domestic integrated steel sion provides greater tax certainty to tain Federal lands between the Forest producers, impacting thousands of potential investors in SIF projects. Service and the Bureau of Land Man- workers in Pennsylvania, Illinois, Indi- SIF is typically produced at facilities agement in Shasta-Trinity National ana, Michigan, Ohio, West Virginia, that are located on the premises of Forest in California. Kentucky, and elsewhere. Domestic coke plants that are owned by inte- This legislation consolidates BLM’s steel manufacturers have been forced grated steel companies that are unre- jurisdiction and management of the to operate at low capacity utilization lated to the producer of such SIF. The Off-Highway-Vehicle area while, in ex- rates and coke batteries have been SIF production facility is situated on change, the Forest Service benefits by placed on ‘‘hot idle,’’ a holding pattern or near conveyor belts that may be receiving small tracts of wilderness to prevent the bricks that comprise the leased from the integrated steel com- areas that are currently managed by coke battery from cooling and dam- pany and production of SIF may occur the BLM but are contiguous to Forest aging the battery. An extension of the while coal, and coal blended with pe- Service land. SIF credit will enable these manufac- troleum coke, as described below, is This exchange only affects land al- turers to mitigate their losses while transported on the conveyor belts. For ready controlled by the Federal gov- the economy recovers. commercial, liability, safety, environ- ernment and will not change the des- The current 1-year period for the SIF mental and other business reasons ger- ignation of these lands. Furthermore, credit has been a significant hindrance mane to the integrated steel companies it will be beneficial to the local com- in attracting the outside investment that consume the SIF, SIF producers munity which has supported this juris- needed to finance SIF projects, espe- may purchase coal from the integrated dictional change. cially in light of the prevailing eco- steel producer, taking title and having These Federal lands, near Redding, nomic conditions since the enactment risk of loss while such coal is trans- California, have long been used by off- of the credit. Steel industry fuel ported on the conveyor belt, rather highway-vehicle enthusiasts. However, projects often involve lengthy negotia- than directly purchasing the coal from overlapped management of these areas tions to implement the transaction the mine. The bill provides a safe har- by both the Forest Service and the Bu- structure necessary to claim the SIF bor that establishes that the SIF pro- reau of Land Management has caused credit, which has effectively reduced ducer shall be treated as the producer unnecessary burden to these rec- the 1-year credit period to a lesser pe- and seller of SIF that it manufactures reational opportunities. riod for many projects. For this reason, from coal to which it has taken title. It means users need two permits, the subsidy intended to be provided by The bill further clarifies that the sale often at substantial and unnecessary the credit for the development of SIF of SIF shall not fail to qualify as a sale cost. Likewise, the overlapping man- projects requires a longer credit period. to an unrelated party for purposes of agement has resulted in different open- Included in this legislation is an im- the SIF credit solely because the sale ing dates for the same area of land, portant clarification on an issue that is to a party that is also a ground les- frustrating the local off-highway-vehi- has slowed negotiations with respect to sor, supplier, and/or customer. cle community and the thousands of SIF projects. It is expected that, for The bill also establishes that SIF tourists who travel there every year. the convenience of the parties and for may also be made using coal or coal This jurisdictional exchange will re- environmental safety, facilities pro- that is mixed with some petroleum duce bureaucracy to ease recreational

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15886 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 access as well as provide for better (e) LAND AND WATER CONSERVATION FUND.— vary greatly by State. Some States Federal management of these areas. For the purposes of section 7 of the Land and have highly developed programs. Oth- The bill was developed in a collabo- Water Conservation Fund Act of 1965 (16 ers are trying to get programs up and rative manner, with input and agree- U.S.C. 460l–9), the boundaries of the Shasta- running, but lack adequate funds. Still ment at the local level by the Forest Trinity National Forest, as adjusted under this section, shall be considered to be the others have no interpreter certification Service and BLM, in conjunction with boundaries of the Shasta-Trinity National program at all. It is critical that we the local off-highway-vehicle commu- Forest as of January 1, 1965. protect the constitutional right to a nity. The bill is also supported by the SEC. 4. ADMINISTRATIVE PROVISIONS. fair trial by adequately funding state local community and the County Board (a) CORRECTIONS.— court interpreter programs. of Supervisors. (1) MINOR ADJUSTMENTS.—The Director and This effort represents a sensible, the Chief, may, by mutual agreement, make Our States are finding themselves in common sense approach to problem minor corrections and adjustments to the an impossible position. Qualified inter- solving and better government. transfers under this Act to facilitate land preters are in short supply because it is Mr. President, I ask unanimous con- management, including corrections and ad- difficult to find individuals who are sent that the text of the bill be printed justments to any applicable surveys. both bilingual and well-versed in legal (2) PUBLICATIONS.—Any corrections or ad- in the RECORD. terminology. The skills required of a justments made under subsection (a) shall be court interpreter differ significantly There being no objection, the text of effective on the date of publication of a no- the bill was ordered to be printed in tice of the corrections or adjustments in the from those required of other inter- the RECORD, as follows: Federal Register. preters or translators. Legal English is S. 1328 (b) HAZARDOUS SUBSTANCES.— a highly particularized area of the lan- Be it enacted by the Senate and House of Rep- (1) NOTICE.—The Chief and Director shall, guage, and requires special training. resentatives of the United States of America in with respect to the land described in sections Although anyone with fluency in a for- Congress assembled, 2(b) and 3(b), respectively— eign language could attempt to trans- (A) identify any known sites containing SECTION 1. SHORT TITLE. late a court proceeding, the best inter- hazardous substances; and This Act may be cited as the ‘‘Shasta-Trin- (B) provide to the head of the Federal preters are those that have been tested ity National Forest Administrative Jurisdic- agency to which the land is being transferred and certified as official court inter- tion Transfer Act’’. notice of any sites identified under subpara- preters. SEC. 2. TRANSFER OF ADMINISTRATIVE JURIS- graph (A). DICTION TO THE BUREAU OF LAND Making the problem worse, States (2) CLEANUP OBLIGATIONS.—The cleanup of MANAGEMENT. continue to fall further behind as the (a) IN GENERAL.—Administrative jurisdic- hazardous substances on land to which administrative jurisdiction is transferred by number of Americans with limited tion over the Federal land described in sub- English proficiency—and therefore the section (b) is transferred from the Chief of this Act shall be the responsibility of the the Forest Service (referred to in this Act as head of the agency with jurisdiction over the demand for court interpreter services— the ‘‘Chief’’) to the Director of the Bureau of affected land on the day before the date of continues to grow. According to the Land Management (referred to in this Act as enactment of this Act. most recent Census data, 20 percent of the ‘‘Director’’), to be administered by the (c) EFFECT ON EXISTING RIGHTS AND AU- the population over age five speaks a Director, subject to the laws (including regu- THORIZATIONS.—Nothing in this Act affects— language other than English at home. lations) applicable to land administered by (1) any valid existing rights; or (2) the validity or term and conditions of In 2000, the number of people in this the Director. country who spoke English less than (b) DESCRIPTION OF LAND.— any existing withdrawal, right-of-way, ease- ‘‘very well’’ was more than 21 million, (1) IN GENERAL.—The Federal land referred ment, lease, license, or permit on the land to to in subsection (a) is the land within the which administrative jurisdiction is trans- approaching twice what the number Shasta-Trinity National Forest in Cali- ferred under this Act, except that beginning was 10 years earlier. Illinois had more fornia, Mount Diablo Meridian, as depicted on the date of enactment of this Act, the than 1 million. Texas had nearly 2.7 on the map entitled ‘‘H.R. 689, Transfer from head of the agency to which administrative million. California had more than 6.2 Forest Service to BLM, Map 1’’ and dated jurisdiction over the land is transferred shall million. April 21, 2009. be responsible for administering the inter- (2) EXCLUSION.—The land within the Shasta ests or authorizations (including reissuing The shortage of qualified interpreters Dam Reclamation Zone shall— the interests or authorizations in accordance has become a national problem, and it (A) be excluded from the transfer of admin- with applicable law). has serious consequences. In Pennsyl- istrative jurisdiction under subsection (a); vania, a committee established by the By Mr. KOHL (for himself, Mr. and state Supreme Court called the State’s CARDIN, Mr. DURBIN, and Mr. (B) continue to be administered by the Sec- interpreter program ‘‘backward,’’ and KENNEDY): retary of the Interior (acting through the said that the lack of qualified inter- Commissioner of Reclamation). S. 1329. A bill to authorize the Attor- preters ‘‘undermines the ability of the SEC. 3. TRANSFER OF ADMINISTRATIVE JURIS- ney General to award grants to State . . . court system to determine facts DICTION TO THE FOREST SERVICE. courts to develop and implement state accurately and to dispense justice fair- (a) IN GENERAL.—Administrative jurisdic- courts interpreter programs; to the tion over the Federal land described in sub- ly.’’ When interpreters are unqualified, Committee on the Judiciary. section (b) is transferred from the Director Mr. KOHL. Mr. President, I rise or untrained, mistakes are made. The to the Chief, to be administered by the Chief, result is that the fundamental right to today, with Senator KENNEDY, Senator subject to the laws (including regulations) due process is too often lost in trans- DURBIN, and Senator CARDIN to intro- applicable to National Forest System land. lation, and because the lawyers and (b) DESCRIPTION OF LAND.—The Federal duce the state Court Interpreter Grant land referred to in subsection (a) is the land Program Act of 2009. This legislation judges are not interpreters, these mis- administered by the Director in the Mount would create a modest grant program takes often go unnoticed. Diablo Meridian, California, as depicted on to provide much needed financial as- Some of the stories associated with the map entitled ‘‘H.R. 689, Transfer from sistance to States for developing and this problem are simply unbelievable. BLM to Forest Service, Map 2’’ and dated April 21, 2009. implementing effective state court in- In Pennsylvania, for instance, a hus- (c) WITHDRAWAL.—The Federal land de- terpreter programs. This would help to band accused of abusing his wife was scribed in subsection (b) is— ensure fair trials for individuals with asked to translate as his wife testified (1) withdrawn from the public domain; and limited English proficiency. in court. In Ohio, a woman was wrong- (2) reserved for administration as part of States are already legally required, ly placed on suicide watch after an un- the Shasta-Trinity National Forest. under Title VI of the Civil Rights Act qualified interpreter mistranslated her (d) WILDERNESS ADMINISTRATION.—The of 1964, to take reasonable steps to pro- words. In February 2007 testimony be- transfer of administrative jurisdiction from the Director to the Chief of certain land pre- vide meaningful access to court pro- fore the Judiciary Committee, Justice viously designated as part of the Trinity ceedings for individuals with limited Kennedy described a particularly Alps Wilderness shall not affect the wilder- English proficiency. Unfortunately, alarming situation where bilingual ju- ness status of the wilderness land. however, court interpreting services rors can understand what the witness

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15887 is saying and then interrupt the pro- SEC. 2. FINDINGS. (3) develop, institute, and administer lan- ceeding when an interpreter has not ac- Congress finds that— guage certification examinations; curately represented the witness’ testi- (1) the fair administration of justice de- (4) recruit, train, and certify qualified pends on the ability of all participants in a court interpreters; mony. Justice Kennedy agreed that the courtroom proceeding to understand that lack of qualified court interpreters (5) pay for salaries, transportation, and proceeding, regardless of their English pro- technology necessary to implement the poses a significant threat to our judi- ficiency; cial system, and emphasized the impor- court interpreter program developed under (2) 19 percent of the population of the paragraph (2); and tance of addressing the issue. United States over 5 years of age speaks a (6) engage in other related activities, as This legislation does just that by au- language other than English at home; prescribed by the Attorney General. thorizing $15 million per year, over 5 (3) only qualified court interpreters can en- years, for a state Court Interpreter sure that persons with limited English pro- (c) APPLICATION.— Grant Program. The bill does not mere- ficiency comprehend judicial proceedings in (1) IN GENERAL.—The highest State court of ly send Federal dollars to States to pay which they are a party; each State desiring a grant under this sec- (4) the knowledge and skills required of a for court interpreters. It will provide tion shall submit an application to the Ad- qualified court interpreter differ substan- ministrator at such time, in such manner, much needed ‘‘seed money’’ for States tially from those required in other interpre- and accompanied by such information as the to start or bolster their court inter- tation settings, such as social service, med- Administrator may reasonably require. preter programs to recruit, train, test, ical, diplomatic, and conference inter- (2) STATE COURTS.—The highest State court and certify court interpreters. Those preting; of each State submitting an application States that apply would be eligible for (5) the Federal Government has dem- under paragraph (1) shall include in the ap- a $100,000 base grant allotment. In addi- onstrated its commitment to equal adminis- plication— tion, $5 million would be set aside for tration of justice regardless of English pro- (A) a demonstration of need for the devel- States that demonstrate extraordinary ficiency; opment, implementation, or expansion of a (6) regulations implementing title VI of State court interpreter program; need. The remainder of the money the Civil Rights Act of 1964, as well as the (B) an identification of each State court in would be distributed on a formula guidance issued by the Department of Jus- that State which would receive funds from basis, determined by the percentage of tice pursuant to Executive Order 13166, persons in that State over the age of issued August 11, 2000, clarify that all recipi- the grant; five who speak a language other than ents of Federal financial assistance, includ- (C) the amount of funds each State court identified under subparagraph (B) would re- English at home. ing State courts, are required to take rea- ceive from the grant; and Some will undoubtedly question sonable steps to provide meaningful access to their proceedings for persons with limited (D) the procedures the highest State court whether this modest amount can make would use to directly distribute grant funds a difference. It can, and my home State English proficiency; (7) 40 States have developed, or are devel- to State courts identified under subpara- of Wisconsin is a perfect example of oping, qualified court interpreting programs; graph (B). that. When Wisconsin’s court inter- (8) robust, effective court interpreter pro- (d) STATE COURT ALLOTMENTS.— preter program got off the ground in grams— (1) BASE ALLOTMENT.—From amounts ap- 2004, using State money and a $250,000 (A) actively recruit skilled individuals to propriated for each fiscal year pursuant to Federal grant, certified interpreters be court interpreters; section 4, the Administrator shall allocate were scarce. Now, 5 years later, it has (B) train those individuals in the interpre- $100,000 to each of the highest State court of tation of court proceedings; certified 48 interpreters. Most of those each State, which has an application ap- (C) develop and use a thorough, systematic are certified in Spanish, where the proved under subsection (c). certification process for court interpreters; greatest need exists. However, the (2) DISCRETIONARY ALLOTMENT.—From and State also has interpreters certified in (D) have sufficient funding to ensure that a amounts appropriated for each fiscal year sign language and German. The list of qualified interpreter will be available to the pursuant to section 4, the Administrator provisional interpreters—those who court whenever necessary; and shall allocate $5,000,000 to be distributed have received training and passed writ- (9) Federal funding is necessary to— among the highest State courts of States ten tests—is much longer and includes (A) encourage State courts that do not which have an application approved under individuals trained in Russian, Hmong, have court interpreter programs to develop subsection (c), and that have extraordinary Korean, and other languages. All of them; needs that are required to be addressed in (B) assist State courts with nascent court order to develop, implement, or expand a this progress in only 5 years, and with State court interpreter program. only $250,000 of Federal assistance. interpreter programs to implement them; (C) assist State courts with limited court (3) ADDITIONAL ALLOTMENT.—In addition to This legislation has the strong sup- interpreter programs to enhance them; and the allocations made under paragraphs (1) port of state court administrators and (D) assist State courts with robust court and (2), the Administrator shall allocate to state supreme court justices around interpreter programs to make further im- each of the highest State court of each the country. Our States are facing this provements and share successful programs State, which has an application approved difficult challenge, and Federal law re- with other States. under subsection (c), an amount equal to the quires them to meet it. Despite their SEC. 3. STATE COURT INTERPRETER PROGRAM. product reached by multiplying— noble efforts, many of them have been (a) GRANTS AUTHORIZED.— (A) the unallocated balance of the amount unable to keep up with the demand. It (1) IN GENERAL.—The Administrator of the appropriated for each fiscal year pursuant to is time we lend them a helping hand. Office of Justice Programs of the Depart- section 4; and This is an access issue, and no one ment of Justice (referred to in this section as (B) the ratio between the number of people the ‘‘Administrator’’) shall make grants, in should be denied justice or access to over 5 years of age who speak a language accordance with such regulations as the At- other than English at home in the State and our courts merely because of a lan- torney General may prescribe, to State guage barrier. I strongly urge my col- the number of people over 5 years of age who courts to develop and implement programs speak a language other than English at home leagues to support this critical legisla- to assist individuals with limited English in all the States that receive an allocation tion. proficiency to access and understand State under paragraph (1), as those numbers are Mr. President, I ask unanimous con- court proceedings in which they are a party. determined by the Bureau of the Census. (2) TECHNICAL ASSISTANCE.—The Adminis- sent that the text of the bill be printed (4) TREATMENT OF DISTRICT OF COLUMBIA.— trator shall allocate, for each fiscal year, in the RECORD. For purposes of this section— $500,000 of the amount appropriated pursuant There geing no objection, the text of (A) the District of Columbia shall be treat- to section 4 to be used to establish a court the bill was ordered to be printed in ed as a State; and interpreter technical assistance program to the RECORD, as follows: (B) the District of Columbia Court of Ap- assist State courts receiving grants under S. 1329 this Act. peals shall act as the highest State court for Be it enacted by the Senate and House of Rep- (b) USE OF GRANTS.—Grants awarded under the District of Columbia. resentatives of the United States of America in subsection (a) may be used by State courts SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Congress assembled, to— SECTION 1. SHORT TITLE. (1) assess regional language demands; There are authorized to be appropriated This Act may be cited as the ‘‘State Court (2) develop a court interpreter program for $15,000,000 for each of the fiscal years 2010 Interpreter Grant Program Act’’. the State courts; through 2014 to carry out this Act.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15888 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 SUBMITTED RESOLUTIONS ities the choice to receive their long-term eral Government in the broad field of labor services and support in a community-based economics and statistics, and in that role it setting; collects, processes, analyzes, and dissemi- SENATE RESOLUTION 200—DESIG- Whereas the Supreme Court further recog- nates essential statistical data to the public, NATING SEPTEMBER 12, 2009, AS nized in Olmstead v. L.C. that ‘‘institutional Congress, other Federal agencies, State and placement of persons who can handle and ‘‘NATIONAL CHILDHOOD CANCER local governments, business, and labor; benefit from community settings perpet- Whereas the Bureau of Labor Statistics AWARENESS DAY’’ uates unwarranted assumptions that persons has completed 125 years of service to govern- Mr. UDALL of Colorado (for himself so isolated are incapable or unworthy of par- ment, business, labor, and the public by pro- and Mr. ISAKSON) submitted the fol- ticipating in community life’’ and that ‘‘con- ducing indispensable data and special studies lowing resolution; which was referred finement in an institution severely dimin- on prices, employment and unemployment, ishes the everyday life activities of individ- to the Committee on the Judiciary: productivity, wages and other compensation, uals, including family relations, social con- economic growth, industrial relations, occu- S. RES. 200 tacts, work options, economic independence, pational safety and health, the use of time Whereas childhood cancer is the leading educational advancement, and cultural en- by the people of the United States, and the cause of death by disease for children in the richment.’’; economic conditions of States and metro- United States; Whereas June 22, 2009, marks the tenth an- politan areas; Whereas an estimated 12,500 children in niversary of the Olmstead v. L.C. decision; Whereas many public programs and private this Nation are diagnosed with cancer each Whereas, as a result of the Supreme Court transactions are dependent today on the year; decision in Olmstead v. L.C., many individ- quality of such statistics of the Bureau of Whereas an estimated 2,300 children in this uals with disabilities have been able to live Labor Statistics as the unemployment rate Nation lose their lives to cancer each year; in home and community-based settings, and the Consumer Price Index, which play Whereas the results of peer-reviewed clin- rather than institutional settings, and to be- essential roles in the allocation of Federal ical trials have raised the standard of care come productive members of the community; funds and the adjustment of pensions, wel- and improved the 5-year cancer survival rate Whereas despite this success, community- fare payments, private contracts, and other in children to greater than 80 percent over- based services and supports remain unavail- payments to offset the impact of inflation; all; able for many individuals with significant Whereas the Bureau of Labor Statistics Whereas more than 40,000 children and ado- disabilities; pursues these responsibilities with absolute lescents in the United States currently are Whereas eligible families of children with integrity and is known for being unfailingly being treated for childhood cancers; disabilities, working-age adults with disabil- responsive to the need for new types of infor- Whereas up to 2/3 of childhood cancer sur- ities, and older individuals with disabilities mation and indexes of change; vivors are likely to experience at least one should be able to make a choice between en- Whereas the Bureau of Labor Statistics life-altering or life-threatening late effect tering an institution or receiving long-term has earned an international reputation as a from treatment; and services and supports in the most integrated leader in economic and social statistics; setting appropriate to the individual’s needs; Whereas childhood cancer occurs regularly Whereas the Bureau of Labor Statistics’ and and randomly and spares no racial or ethnic Internet website, www.bls.gov, began oper- Whereas families of children with disabil- group, socioeconomic class, or geographic re- ating in 1995 and meets the public need for ities, working-age adults with disabilities, gion: Now, therefore, be it timely and accurate information by pro- and older individuals with disabilities should Resolved, That the Senate— viding an ever-expanding body of economic retain the greatest possible control over the (1) designates September 12, 2009, as ‘‘Na- data and analysis available to an ever-grow- services received and, therefore, their own tional Childhood Cancer Awareness Day’’; ing group of online citizens; and lives and futures, including quality services (2) requests that the Federal Government, Whereas the Bureau of Labor Statistics that maximize independence in the home and States, localities, and nonprofit organiza- has established the highest standards of pro- community: Now, therefore, be it fessional competence and commitment: Now, tions observe the day with appropriate pro- Resolved, That the Senate— therefore, be it grams and activities, with the goal of in- (1) recognizes and honors the tenth anni- Resolved by the Senate (the House of Rep- creasing public knowledge of the risks of versary of the Supreme Court decision in resentatives concurring), That Congress com- cancer; Olmstead v. L.C.; mends the Bureau of Labor Statistics on the (3) recognizes the profound toll a diagnosis (2) salutes all people whose efforts have occasion of its 125th anniversary for the ex- of cancer has on children, families, and com- contributed to the expansion of home and emplary service its administrators and em- munities and pledges to make its prevention community-based long-term services and ployees provide in collecting and dissemi- and cure a public health priority; and supports for individuals with disabilities; nating vital information for the United (4) urges public and private sector efforts and States. to promote awareness, invest in research, (3) encourages all people of the United and improve treatments for childhood can- States to recognize the importance of ensur- f cer. ing that home and community-based services f are equally available to all qualified individ- AMENDMENTS SUBMITTED AND uals with significant disabilities who choose PROPOSED SENATE RESOLUTION 201—RECOG- to remain in their home and community. NIZING AND HONORING THE SA 1364. Mr. REID (for Mr. KENNEDY (for f himself and Mr. ENZI)) proposed an amend- TENTH ANNIVERSARY OF THE ment to the bill H.R. 1777, to make technical UNITED STATES SUPREME SENATE CONCURRENT RESOLU- corrections to the Higher Education Act of COURT DECISION IN OLMSTEAD TION 30—COMMENDING THE BU- 1965, and for other purposes. REAU OF LABOR STATISTICS ON V. L.C., 527 U.S. 581 (1999) f Mr. HARKIN (for himself and Mr. THE OCCASION OF ITS 125TH AN- NIVERSARY TEXT OF AMENDMENTS KENNEDY) submitted the following resolution; which was considered and Mr. SCHUMER (for himself, Mr. SA 1364. Mr. REID (for Mr. KENNEDY agreed to: BROWNBACK, and Mrs. MURRAY) sub- (for himself and Mr. ENZI)) proposed an S. RES. 201 mitted the following concurrent resolu- amendment to the bill H.R. 1777, to tion; which was considered and agreed make technical corrections to the Whereas in the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) (referred to: Higher Education Act of 1965, and for to in this preamble as the ‘‘ADA’’), Congress S. CON. RES. 30 other purposes; as follows: found that the isolation and segregation of Whereas the Act entitled ‘‘An Act to estab- Strike all after the enacting clause and in- individuals with disabilities is a serious and lish a Bureau of Labor’’, approved on June sert the following: pervasive form of discrimination; 27, 1884 (23 Stat. 60), established a bureau to SECTION 1. TABLE OF CONTENTS. Whereas the ADA provides the guarantees ‘‘collect information upon the subject of The table of contents for this Act is as fol- of equality of opportunity, economic self-suf- labor, its relation to capital, the hours of lows: ficiency, full participation, and independent labor, and the earnings of laboring men and Sec. 1. Table of contents. living for individuals with disabilities; women, and the means of promoting their Sec. 2. References. Whereas on June 22, 1999, the United States material, social, intellectual, and moral Sec. 3. Effective date. Supreme Court in Olmstead v. L.C., 527 U.S. prosperity’’; 581 (1999), held that under the ADA, States Whereas the Bureau of Labor Statistics is TITLE I—GENERAL PROVISIONS must offer qualified individuals with disabil- the principal factfinding agency for the Fed- Sec. 101. General provisions.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0655 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15889 TITLE II—TEACHER QUALITY (4) in section 136(d)(1) (20 U.S.C. 1015e(d)(1)), TITLE III—INSTITUTIONAL AID by striking ‘‘(Family Educational Rights and ENHANCEMENT SEC. 301. INSTITUTIONAL AID. Sec. 201. Teacher quality enhancement. Privacy Act of 1974)’’ and inserting ‘‘(commonly known as the ‘Family Educational Title III (20 U.S.C. 1051 et seq.) is amend- TITLE III—INSTITUTIONAL AID Rights and Privacy Act of 1974’)’’; ed— Sec. 301. Institutional aid. (5) in section 141 (20 U.S.C. 1018)— (1) in section 316 (20 U.S.C. 1059c)— Sec. 302. Multiagency study of minority (A) in the matter preceding subparagraph (A) in subsection (a), by striking ‘‘Indian science programs. (A) of subsection (c)(3), by striking ‘‘under Tribal’’ and inserting ‘‘Tribal’’; and TITLE IV—STUDENT ASSISTANCE this title’’ and inserting ‘‘under title IV’’; (B) in subsection (b)— (i) in paragraph (1), by striking ‘‘the Trib- Sec. 401. Grants to students in attendance at and (B) in subsection (d)(3), by striking ‘‘appro- ally Controlled College or University Assist- institutions of higher edu- ance Act of 1978’’ and inserting ‘‘the Tribally cation. priate committees of Congress’’ and inserting ‘‘authorizing committees’’; Controlled Colleges and Universities Assist- Sec. 402. Federal Family Education Loan ance Act of 1978’’; Program. (6) in section 153(a)(1)(B)(iii)(V) (20 U.S.C. 1019b(a)(1)(B)(iii)(V)), by striking ‘‘borrowers (ii) in paragraph (2), by striking ‘‘the Trib- Sec. 403. Federal work-study programs. ally Controlled College or University Assist- Sec. 404. Federal Direct Loan Program. who take out loans under’’ each place the ance Act of 1978’’ and inserting ‘‘the Tribally Sec. 405. Federal Perkins Loans. term appears and inserting ‘‘borrowers of Controlled Colleges and Universities Assist- Sec. 406. Need analysis. loans made under’’; and ance Act of 1978’’; and Sec. 407. General provisions of title IV. (7) in section 155(a) (20 U.S.C. 1019d(a)), by (iii) in paragraph (3)(A), by striking ‘‘the Sec. 408. Program integrity. striking paragraph (4) and inserting the fol- Navajo Community College Assistance Act Sec. 409. Waiver of master calendar and ne- lowing: of 1978’’ and inserting ‘‘the Navajo Commu- gotiated rulemaking require- ‘‘(4) include a place to provide information nity College Act’’; ments. on— ‘‘(A) the applicant’s cost of attendance at (2) in section 318(b)(1) (20 U.S.C. 1059e(b)(1)), TITLE V—DEVELOPING INSTITUTIONS the institution of higher education, as deter- by striking subparagraph (F) and inserting Sec. 501. Developing institutions. mined by the institution under part F of the following: TITLE VI—INTERNATIONAL EDUCATION title IV; ‘‘(F) is not receiving assistance under— PROGRAMS ‘‘(B) the applicant’s estimated financial as- ‘‘(i) part B; ‘‘(ii) part A of title V; or Sec. 601. International education programs. sistance, including amounts of financial assistance used to replace the expected family ‘‘(iii) an annual authorization of appropria- TITLE VII—GRADUATE AND contribution, as determined by the institutions under the Act of March 2, 1867 (14 Stat. POSTSECONDARY IMPROVEMENT tion, in accordance with title IV, for stu- 438; 20 U.S.C. 123).’’; Sec. 701. Graduate and postsecondary im- dents who have completed the Free Applica- (3) in section 323(a) (20 U.S.C. 1062(a)), in provement programs. tion for Federal Student Aid; and the matter preceding paragraph (1), by strik- TITLE VIII—ADDITIONAL PROGRAMS ‘‘(C) the difference between the amounts ing ‘‘in any fiscal year’’ and inserting ‘‘for Sec. 801. Additional programs. under subparagraphs (A) and (B), as applica- any fiscal year,’’; Sec. 802. Amendments to other higher edu- ble; and’’. (4) in section 324(d) (20 U.S.C. 1063(d))— cation Acts. TITLE II—TEACHER QUALITY (A) by redesignating paragraphs (1) and (2) ENHANCEMENT as subparagraphs (A) and (B), respectively; SEC. 2. REFERENCES. (B) by striking ‘‘Notwithstanding sub- SEC. 201. TEACHER QUALITY ENHANCEMENT. Except as otherwise expressly provided, sections (a)’’ and inserting ‘‘(1) Notwith- whenever in this Act an amendment or re- Title II (20 U.S.C. 1021 et seq.) is amended— (1) in section 200(22) (20 U.S.C. 1021(22)), by standing subsections (a)’’; and peal is expressed in terms of an amendment (C) by adding at the end the following: to, or repeal of, a section or other provision, striking subparagraph (D) and inserting the ‘‘(2) If the amount appropriated pursuant the reference shall be considered to be made following: to section 399(a)(2)(A) for any fiscal year is to a section or other provision of the Higher ‘‘(D) prior to completion of the program— not sufficient to pay the minimum allotment Education Act of 1965 (20 U.S.C. 1001 et seq.). ‘‘(i) attains full State certification or licensure and becomes highly qualified; and required by paragraph (1) to all part B insti- SEC. 3. EFFECTIVE DATE. tutions, the amount of such minimum allot- Except as otherwise provided in this Act, ‘‘(ii) acquires a master’s degree not later than 18 months after beginning the pro- ments shall be ratably reduced. If additional the amendments made by this Act shall take sums become available for such fiscal year, effect as if enacted on the date of enactment gram.’’; (2) in section 202 (20 U.S.C. 1022a)— such reduced allocations shall be increased of the Higher Education Opportunity Act on the same basis as the basis on which they (Public Law 110–315). (A) in subsection (b)(6)(E)(ii), by striking ‘‘section 1111(b)(2)’’ and inserting ‘‘section were reduced (until the amount allotted TITLE I—GENERAL PROVISIONS 1111(b)(1)’’; equals the minimum allotment required by SEC. 101. GENERAL PROVISIONS. (B) in subsection (c)(1), by striking ‘‘pre- paragraph (1)).’’; (a) HIGHER EDUCATION OPPORTUNITY ACT.— baccalaureate’’; (5) in section 351(a) (20 U.S.C. 1067a(a))— (1) GENERAL DEFINITION OF INSTITUTION OF (C) in subsection (d)— (A) by striking ‘‘section 304(a)(1)’’ and in- HIGHER EDUCATION.—Section 101(b) of the (i) in the heading, by striking ‘‘PRE-BACCA- serting ‘‘section 303(a)(1)’’; and Higher Education Opportunity Act (Public LAUREATE’’ and inserting ‘‘THE’’; and (B) by striking ‘‘of 1979’’; Law 110–315) is amended by striking ‘‘July 1, (ii) in the matter preceding paragraph (1), (6) in section 355(a) (20 U.S.C. 1067e(a)), by 2010’’ and inserting ‘‘the date of enactment by striking ‘‘An eligible partnership that re- striking ‘‘302’’ and inserting ‘‘312’’; of this Act’’. ceives a grant to carry out an effective pro- (7) in section 371(c) (20 U.S.C. 1067q(c))— (2) DEFINITION OF INSTITUTION OF HIGHER gram for the pre-baccalaureate preparation (A) in paragraph (3)(D), by striking EDUCATION FOR PURPOSES OF TITLE IV PRO- of teachers shall carry out a program that ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; GRAMS.—Section 102(e) of the Higher Edu- includes all of the following:’’ and inserting (B) in paragraph (4), by striking ‘‘402A(g)’’ cation Opportunity Act (Public Law 110-315) ‘‘An eligible partnership that receives a and inserting ‘‘402A(h)’’; and is amended by striking the period at the end grant to carry out a program for the prepara- (C) in paragraph (9)— and inserting ‘‘, except that, with respect to tion of teachers shall carry out an effective (i) in subparagraph (C)(iii), by striking foreign nursing schools that were eligible to pre-baccalaureate teacher preparation pro- ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; and participate in part B of title IV as of the day gram or a 5th year initial licensing program (ii) by amending subparagraph (F) to read before the date of enactment of this Act, the that includes all of the following:’’; as follows: amendments made by subsection (a)(1)(D) (D) in subsection (e)(2)— ‘‘(F) is not receiving assistance under— shall take effect on July 1, 2012.’’. (i) in subparagraph (A)(ii), by striking ‘‘to ‘‘(i) part B; (b) HIGHER EDUCATION ACT OF 1965.—Title I earn’’ and inserting ‘‘leading to’’; and ‘‘(ii) part A of title V; or (20 U.S.C. 1001 et seq.) is amended— (ii) in subparagraph (C)— ‘‘(iii) an annual authorization of appropria- (1) in section 102(a)(2)(D) (20 U.S.C. (I) in clause (i), by striking ‘‘one-year’’ be- tions under the Act of March 2, 1867 (14 Stat. 1002(a)(2)(D)), by striking ‘‘under part B’’ and fore ‘‘teaching residency program’’; and 438; 20 U.S.C. 123).’’; and inserting ‘‘under part B of title IV’’; (II) in clause (iii)(I), by striking ‘‘one- (8) in section 392(a)(6) (20 U.S.C. (2) in section 111(b) (20 U.S.C. 1011(b)), by year’’; and 1068a(a)(6)), by striking ‘‘College or Univer- striking ‘‘With’’ and inserting ‘‘with’’; (E) in subsection (i)(3), by striking ‘‘con- sity’’ and inserting ‘‘Colleges and Univer- (3) in section 131(a)(3)(A)(iii)(I) (20 U.S.C. sent of’’ and inserting ‘‘consent to’’; and sities’’. 1015(a)(3)(A)(iii)(I)), by striking ‘‘section (3) in section 231(a)(1) (20 U.S.C. 1032(a)(1)), SEC. 302. MULTIAGENCY STUDY OF MINORITY 428(a)(2)(C)(i)’’ and inserting ‘‘section by striking ‘‘serve graduate’’ and inserting SCIENCE PROGRAMS. 428(a)(2)(C)(ii)’’; ‘‘assist in the graduation of’’. Section 1024 (20 U.S.C. 1067d) is repealed.

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15890 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 TITLE IV—STUDENT ASSISTANCE pendent to assist in paying the eligible vet- tion 303 of the College Cost Reduction and SEC. 401. GRANTS TO STUDENTS IN ATTENDANCE eran’s dependent’s cost of attendance at an Access Act (Public Law 110–84), is amended AT INSTITUTIONS OF HIGHER EDU- institution of higher education. by striking ‘‘or 439(q)’’. CATION. ‘‘(2) DESIGNATION.—Grants made under this (2) EFFECTIVE DATE.—The amendment (a) AMENDMENTS.—Part A of title IV (20 section shall be known as ‘Iraq and Afghani- made by paragraph (1) shall be effective as if U.S.C. 1070 et seq.) is amended— stan Service Grants’. enacted as part of the amendment in section (1) in section 400(b) (20 U.S.C. 1070(b)), by ‘‘(c) PREVENTION OF DOUBLE BENEFITS.—No 303(a) of the College Cost Reduction and Ac- striking ‘‘1 through 8’’ and inserting ‘‘1 eligible veteran’s dependent may receive a cess Act (Public Law 110–84), shall take ef- through 9’’; grant under both this section and section 401. fect on October 1, 2012, and shall apply with (2) in section 401 (20 U.S.C. 1070a)— ‘‘(d) TERMS AND CONDITIONS.—The Sec- respect to loans made on or after such date. (A) in the second sentence of subsection retary shall award grants under this section (b) ENTRANCE COUNSELING FUNCTIONS.— (a)(1), by striking ‘‘manner,,’’ and inserting in the same manner, and with the same (1) GUARANTY AGENCIES.—Section 428(b)(3) ‘‘manner,’’; terms and conditions, including the length of (20 U.S.C. 1078(b)(3)) is amended— (B) in subsection (b)(1), by striking ‘‘sec- the period of eligibility, as the Secretary (A) in subparagraph (C), by inserting ‘‘or tion 401’’ and inserting ‘‘this section’’; and awards Federal Pell Grants under section 485(l)’’ after ‘‘section 485(b)’’; and (C) in subsection (b)(9)(A)— 401, except that— (B) in subparagraph (D), by inserting ‘‘or (i) in clause (vi), by striking ‘‘$105,000,000’’ ‘‘(1) the award rules and determination of 485(l)’’ after ‘‘section 485(b)’’. and inserting ‘‘$258,000,000’’; and need applicable to the calculation of Federal (2) ELIGIBLE LENDERS.—Section 435(d)(5) (20 (ii) in clause (viii), by striking Pell Grants, shall not apply to grants made U.S.C. 1085(d)(5)) is amended— ‘‘$4,400,000,000’’ and inserting ‘‘$4,452,000,000’’; under this section; (A) in subparagraph (E), by inserting ‘‘or (3) by striking paragraph (4) of section ‘‘(2) the provisions of subsection (a)(3), sub- 485(l)’’ after ‘‘section 485(b)’’; and 401(f) (20 U.S.C. 1070a(f)), as added by section section (b)(1), the matter following sub- (B) in subparagraph (F), by inserting ‘‘or 401(c) of the Higher Education Opportunity section (b)(2)(A)(v), subsection (b)(3), and 485(l)’’ after ‘‘section 485(b)’’. Act (Public Law 110–315); subsection (f), of section 401 shall not apply; (c) AMENDMENT TO PROVISION AMENDED BY (4) in section 402A (20 U.S.C. 1070a–11)— and THE HIGHER EDUCATION OPPORTUNITY ACT.— (A) in subsection (b)(1), by striking ‘‘orga- ‘‘(3) a grant made under this section to an (1) IN GENERAL.—Section 428C(c)(3)(A) (20 nizations including’’ and inserting ‘‘organi- eligible veteran’s dependent for any award U.S.C. 1078–3(c)(3)(A)), as amended by section 425 of the Higher Education Opportunity Act zations, including’’; and year shall equal the maximum Federal Pell (Public Law 110–315), is amended by striking (B) in subsection (c)(8)(C)(iv)(I), by insert- Grant available for that award year, except ‘‘section 493C’’ and inserting ‘‘section 493C,’’. ing ‘‘to be’’ after ‘‘determined’’; that such a grant under this section— (2) EFFECTIVE DATE.—The amendment (5) in section 402E(d)(2)(C) (20 U.S.C. 1070a– ‘‘(A) shall not exceed the cost of attend- made by paragraph (1) shall be effective as if 15(d)(2)(C)), by striking ‘‘320.’’ and inserting ance of the eligible veteran’s dependent for enacted as part of the amendments in sec- ‘‘320’’; that award year; and tion 425(d)(1) of the Higher Education Oppor- (6) in section 415E(b)(1)(B) (20 U.S.C. 1070c– ‘‘(B) shall be adjusted to reflect the attend- tunity Act (Public Law 110–315), and shall 3a(b)(1)(B))— ance by the eligible veteran’s dependent on a take effect on July 1, 2009. (A) in clause (i), by striking ‘‘If a’’ and in- less than full-time basis in the same manner as such adjustments are made under section (d) REHABILITATION OF STUDENT LOANS.— serting ‘‘Except as provided in clause (ii), if (1) Section 428F (20 U.S.C. 1078–6) is amend- 401. a’’; ed— (B) by redesignating clause (ii) as clause ‘‘(e) ESTIMATED FINANCIAL ASSISTANCE.— For purposes of determinations of need under (A) in subsection (a)— (iii); and (i) by amending paragraph (1) to read as (C) by inserting after clause (i) (as amend- part F, a grant awarded under this section shall not be treated as estimated financial follows: ed by subparagraph (A)) the following: ‘‘(1) SALE OR ASSIGNMENT OF LOAN.— ‘‘(ii) SPECIAL CONTINUATION AND TRANSITION assistance as described in sections 471(3) and 480(j). ‘‘(A) IN GENERAL.—Each guaranty agency, RULE.—If a State that applied for and re- ‘‘(f) AUTHORIZATION AND APPROPRIATIONS OF upon securing 9 payments made within 20 ceived an allotment under this section for FUNDS.—There are authorized to be appro- days of the due date during 10 consecutive fiscal year 2010 pursuant to subsection (j) priated, and there are appropriated, out of months of amounts owed on a loan for which meets the specifications established in the any money in the Treasury not otherwise ap- the Secretary has made a payment under State’s application under subsection (c) for propriated, for the Secretary to carry out paragraph (1) of section 428(c), shall— fiscal year 2011, then the Secretary shall this section, such sums as may be necessary ‘‘(i) if practicable, sell the loan to an eligi- make an allotment to such State for fiscal for fiscal year 2010 and each succeeding fiscal ble lender; or year 2011 that is not less than the allotment year.’’. ‘‘(ii) on or before September 30, 2011, assign made pursuant to subsection (j) to such (b) EFFECTIVE DATE.—The amendment the loan to the Secretary if— State for fiscal year 2010 under this section made by subsection (a)(9) shall take effect on ‘‘(I) the Secretary has determined that (as this section was in effect on the day be- July 1, 2010. market conditions unduly limit a guaranty fore the date of enactment of the Higher (c) HIGHER EDUCATION OPPORTUNITY ACT.— agency’s ability to sell loans under clause (i); Education Opportunity Act (Public Law 110– Section 404 of the Higher Education Oppor- and 315)).’’; tunity Act (Public Law 110–315) is amended ‘‘(II) the guaranty agency has been unable (7) in section 419C(b)(1) (20 U.S.C. 1070d– by adding at the end the following new sub- to sell loans under clause (i). 33(b)(1)), by inserting ‘‘and’’ after the semi- section: ‘‘(B) MONTHLY PAYMENTS.—Neither the colon at the end; ‘‘(i) EFFECTIVE DATE; TRANSITION.— guaranty agency nor the Secretary shall de- (8) in section 419D(d) (20 U.S.C. 1070d–34(d)), ‘‘(1) IN GENERAL.—The amendments made mand from a borrower as monthly payment by striking ‘‘1134’’ and inserting ‘‘134’’; and by subsection (e) shall apply to grants made amounts described in subparagraph (A) more (9) by adding at the end the following: under chapter 2 of subpart 2 of part A of title than is reasonable and affordable based on ‘‘Subpart 10—Scholarships for Veteran’s IV of the Higher Education Act of 1965 (20 the borrower’s total financial circumstances. Dependents U.S.C. 1070a–21 et seq.) on or after the date of ‘‘(C) CONSUMER REPORTING AGENCIES.—Upon ‘‘SEC. 420R. SCHOLARSHIPS FOR VETERAN’S DE- enactment of this Act, except that a recipi- the sale or assignment of the loan, the Sec- PENDENTS. ent of a grant under such chapter that is retary, guaranty agency or other holder of ‘‘(a) DEFINITION OF ELIGIBLE VETERAN’S DE- made prior to such date may elect to apply the loan shall request any consumer report- PENDENT.—The term ‘eligible veteran’s de- the requirements contained in the amending agency to which the Secretary, guaranty pendent’ means a dependent or an inde- ments made by subsection (e) to that grant agency or holder, as applicable, reported the pendent student— if the grant recipient informs the Secretary default of the loan, to remove the record of ‘‘(1) whose parent or guardian was a mem- of the election. the default from the borrower’s credit his- ber of the Armed Forces of the United States ‘‘(2) SPECIAL RULE.—A grant recipient may tory. and died as a result of performing military make the election described in paragraph (1) ‘‘(D) DUTIES UPON SALE.—With respect to a service in Iraq or Afghanistan after Sep- only if the election does not decrease the loan sold under subparagraph (A)(i)— tember 11, 2001; and amount of the scholarship promised to an in- ‘‘(i) the guaranty agency— ‘‘(2) who, at the time of the parent or dividual student under the grant.’’. ‘‘(I) shall repay the Secretary 81.5 percent guardian’s death, was— SEC. 402. FEDERAL FAMILY EDUCATION LOAN of the amount of the principal balance out- ‘‘(A) less than 24 years of age; or PROGRAM. standing at the time of such sale, multiplied ‘‘(B) enrolled at an institution of higher (a) AMENDMENT TO PROVISION AMENDED BY by the reinsurance percentage in effect when education on a part-time or full-time basis. THE COLLEGE COST REDUCTION AND ACCESS payment under the guaranty agreement was ‘‘(b) GRANTS.— ACT.— made with respect to the loan; and ‘‘(1) IN GENERAL.—The Secretary shall (1) IN GENERAL.—Section 428(b)(1)(G)(i) (20 ‘‘(II) may, in order to defray collection award a grant to each eligible veteran’s de- U.S.C. 1078(b)(1)(G)(i)), as amended by sec- costs—

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.001 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15891 ‘‘(aa) charge to the borrower an amount (B) in subparagraph (B), by inserting ‘‘the (6) in section 428J (20 U.S.C. 1078–10)— not to exceed 18.5 percent of the outstanding reinstatement and resumption to be’’ after (A) in subsection (c)(1), by adding at the principal and interest at the time of the loan ‘‘determines’’. end the following: ‘‘No borrower may receive sale; and (2) EFFECTIVE DATE.—The amendments a reduction of loan obligations under both ‘‘(bb) retain such amount from the pro- made by paragraph (1) shall be effective as if this section and section 460.’’; and ceeds of the loan sale; and enacted as part of the amendments in sec- (B) in subsection (g)(2)— ‘‘(ii) the Secretary shall reinstate the Sec- tion 437(a) of the Higher Education Oppor- (i) in subparagraph (B), by inserting ‘‘or’’ retary’s obligation to— tunity Act (Public Law 110–315), and shall after the semicolon at the end; ‘‘(I) reimburse the guaranty agency for the take effect on July 1, 2010. (ii) by striking subparagraph (C); amount that the agency may, in the future, (f) OTHER AMENDMENTS.—Part B of title IV (iii) by redesignating subparagraph (D) as expend to discharge the guaranty agency’s (20 U.S.C. 1071 et seq.) is further amended— subparagraph (C); and insurance obligation; and (1) in section 428 (20 U.S.C. 1078)— (iv) in subparagraph (C), as redesignated by ‘‘(II) pay to the holder of such loan a spe- (A) in subsection (a)(2)(A)(i)(II), by strik- clause (iii), by striking ‘‘12571’’ and inserting cial allowance pursuant to section 438. ing ‘‘and’’ after the semicolon at the end; ‘‘12601’’; (B) in subsection (b)— ‘‘(E) DUTIES UPON ASSIGNMENT.—With re- (7) in section 428K(g)(9)(B) (20 U.S.C. 1078– (i) in the matter following subclause (II) of spect to a loan assigned under subparagraph 11(g)(9)(B)), by striking ‘‘under subsection paragraph (1)(M)(i), by inserting ‘‘section’’ (A)(ii)— (ll)(3) of such section (42 U.S.C. 1395x(ll)(3))’’ before ‘‘428B’’; ‘‘(i) the guaranty agency shall add to the and inserting ‘‘under subsection (ll)(4) of (ii) in paragraph (3)(A)(i), by striking ‘‘any principal and interest outstanding at the such section (42 U.S.C. 1395x(ll)(4))’’; institution of higher education or the em- (8) in section 430A(f) (20 U.S.C. 1080a(f))— time of the assignment of such loan an ployees of an institution of higher edu- amount equal to the amount described in (A) by striking ‘‘and (6)’’ and inserting cation’’ and inserting ‘‘any institution of ‘‘and (5)’’; and subparagraph (D)(i)(II)(aa); and higher education, any employee of an insti- ‘‘(ii) the Secretary shall pay the guaranty (B) by striking ‘‘(a)(6)’’ and inserting tution of higher education, or any individual ‘‘(a)(5)’’; agency, for deposit in the agency’s Operating or entity’’; Fund established pursuant to section 422B, (9) in section 432 (20 U.S.C. 1082)— (iii) in paragraph (4), by striking ‘‘For the (A) in subsection (b), by striking ‘‘section an amount equal to the amount added to the purpose of paragraph (1)(M)(i)(III) of this principal and interest outstanding at the 1078 of this title’’ and inserting ‘‘section subsection,’’ and inserting ‘‘With respect to 428’’; and time of the assignment in accordance with the graduate fellowship program referred to clause (i). (B) in subsection (m)(1)(B)— in paragraph (1)(M)(i)(II),’’; and (i) in clause (i), by inserting ‘‘and’’ after ‘‘(E) ELIGIBLE LENDER LIMITATION.—A loan (iv) in paragraph (7)— the semicolon at the end; and shall not be sold to an eligible lender under (I) in subparagraph (B), by striking ‘‘clause (ii) in clause (ii), by striking ‘‘; and’’ and subparagraph (A)(i) if such lender has been (i) or (ii) of’’; and inserting a period; found by the guaranty agency or the Sec- (II) in subparagraph (D), by striking ‘‘sub- (10) in section 435 (20 U.S.C. 1085)— retary to have substantially failed to exer- paragraph (A)(i)’’ and inserting ‘‘subpara- (A) in subsection (a)(2)(C)(ii), by striking cise the due diligence required of lenders graph (A)’’; and ‘‘a tribally controlled community college under this part. (C) in subsection (c)(9)(K), by striking ‘‘3 within the meaning of section 2(a)(4) of the ‘‘(F) DEFAULT DUE TO ERROR.—A loan that months’’ and inserting ‘‘6 months’’; Tribally Controlled Community College As- does not meet the requirements of subpara- (2) in section 428B(e) (20 U.S.C. 1078–2(e))— sistance Act of 1978’’ and inserting ‘‘a trib- graph (A) may also be eligible for sale or as- (A) in paragraph (3)(B), by striking ‘‘sub- ally controlled college or university, as de- signment under this paragraph upon a deter- section (c)(5)(B)’’ and inserting ‘‘subsection fined in section 2(a)(4) of the Tribally Con- mination that the loan was in default due to (d)(5)(B)’’; and trolled Colleges and Universities Assistance clerical or data processing error and would (B) by repealing paragraph (5); Act of 1978’’; not, in the absence of such error, be in a de- (3) in section 428C (20 U.S.C. 1078–3)— (B) in subsection (d)— linquent status.’’; (A) in subsection (a)(4)(E), by striking (i) in paragraph (1)— (ii) in paragraph (2)— ‘‘subpart II of part B’’ and inserting ‘‘part (I) in subparagraph (A)(ii)(III), by striking (I) by striking ‘‘paragraph (1) of this sub- E’’; ‘‘section 501(1) of such Code’’ and inserting section’’ and inserting ‘‘paragraph (1)(A)(i)’’; (B) in the matter preceding clause (i) of ‘‘section 501(a) of such Code’’; and and subsection (c)(2)(A)— (II) in subparagraph (G), by striking ‘‘sec- (II) by striking ‘‘paragraph (1)(B)(ii) of this (i) by striking ‘‘subsection (b)(2)(F)’’ and tions 428A(d), 428B(d), and 428C,’’ and insert- subsection’’ and inserting ‘‘paragraph inserting ‘‘subsection (b)(2)’’; and ing ‘‘sections 428B(d) and 428C,’’; (1)(D)(ii)(I)’’; (ii) by inserting a comma after ‘‘grad- (ii) in paragraph (2)(A)(vi), by striking (iii) in paragraph (3)— uated’’; ‘‘section 435(m)’’ and inserting ‘‘subsection (I) by striking ‘‘sold under paragraph (2)’’ (C) in subsection (d)(3)(D), by striking (m)’’; and inserting ‘‘sold or assigned under para- ‘‘loan insurance fund’’ and inserting ‘‘loan (iii) in paragraph (3), by striking ‘‘section graph (1)(A)’’; and insurance account’’; and 435(m)’’ and inserting ‘‘subsection (m)’’; and (II) by striking ‘‘sale.’’ and inserting ‘‘sale (D) in subsection (f)(3), by striking ‘‘sub- (iv) in paragraph (5)(A), by striking ‘‘to or assignment.’’; section (a)’’ and inserting ‘‘this subsection’’; any institution of higher education or any (iv) in paragraph (4), by striking ‘‘which is (4) in section 428G(c) (20 U.S.C. 1078–7(c))— employee of an institution of higher edu- sold under paragraph (1) of this subsection’’ (A) in paragraph (1), by striking ‘‘section cation in order to secure applicants for loans and inserting ‘‘that is sold or assigned under 428(a)(2)(A)(i)(III)’’ and inserting ‘‘section under this part’’ and inserting ‘‘to any insti- paragraph (1)’’; and 428(a)(2)(A)(i)(II)’’; and tution of higher education, any employee of (v) in paragraph (5), by inserting ‘‘(whether (B) by striking paragraph (3) and inserting an institution of higher education, or any in- by loan sale or assignment)’’ after ‘‘rehabili- the following: dividual or entity in order to secure appli- tating a loan’’; and ‘‘(3) notwithstanding subsection (a)(2), cants for loans under this part’’; (B) in subsection (b), in the first sentence, may, with the permission of the borrower, be (C) in subsection (o)(1)(A)(ii), by striking by inserting ‘‘or assigned to the Secretary’’ disbursed by the lender on a weekly or ‘‘Service’’ and inserting ‘‘Services’’; and after ‘‘sold to an eligible lender’’. monthly basis, provided that the proceeds of the loan are disbursed by the lender in sub- (D) in subsection (p)(1), by striking ‘‘sec- (2) EFFECTIVE DATE.—The amendments stantially equal weekly or monthly install- tion 771’’ and inserting ‘‘section 781’’; and made by paragraph (1) shall be effective on ments, as the case may be, over the period of (11) in section 438(b)(2) (20 U.S.C. 1087– the date of enactment of this Act, and shall enrollment for which the loan is made.’’; 1(b)(2))— apply to any loan on which monthly pay- (5) in section 428H (20 U.S.C. 1078–8)— (A) in the second sentence of subparagraph ments described in section 428F(a)(1)(A) were (A) in subsection (d), by amending the text (A), by striking ‘‘427A(f)’’ and inserting paid before, on, or after such date of enact- of the header of paragraph (2) to read as fol- ‘‘427A(i)’’; ment. lows: ‘‘LIMITS FOR GRADUATE, PROFESSIONAL, (B) in the first sentence of subparagraph (e) REPAYMENT IN FULL FOR DEATH AND AND INDEPENDENT POSTBACCALAUREATE STU- (B)(i), by striking ‘‘1954’’ and inserting DISABILITY.— DENTS’’; and ‘‘1986’’; and (1) IN GENERAL.—Section 437(a)(1) (20 U.S.C. (B) in subsection (e), by amending para- (C) in the second sentence of subparagraph 1087(a)(1)), as amended by section 437 of the graph (6) to read as follows: (F), by striking ‘‘427A(f)’’ and inserting Higher Education Opportunity Act (Public ‘‘(6) REPAYMENT PERIOD.—For purposes of ‘‘427A(i)’’. Law 110–315), is amended— calculating the repayment period under sec- SEC. 403. FEDERAL WORK-STUDY PROGRAMS. (A) in the matter preceding subparagraph tion 428(b)(9), such period shall commence at Section 443 (42 U.S.C. 2753) is amended— (A), by striking ‘‘Secretary),, or if’’ and in- the time the first payment of principal is due (1) in subsection (b)(2), by striking ‘‘section serting ‘‘Secretary), or if’’; and from the borrower.’’; 443’’ and inserting ‘‘this section’’;

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(2) in subsection (d)(1), by striking ‘‘sub- (b) OTHER AMENDMENTS.—Part D of title IV (7) in section 469(c) (20 U.S.C. 1087ii(c)), by section (b)(2)(B)’’ and inserting ‘‘subsection (20 U.S.C. 1087a et seq.) is amended— striking ‘‘and the term’’ and all that follows (b)(2)(A)’’; and (1) by repealing paragraph (3) of section through the period at the end and inserting (3) in subsection (e)(1), in the matter pre- 453(c) (20 U.S.C. 1087c(c)); ‘‘and the term ‘early intervention services’ ceding subparagraph (A), by striking ‘‘in ac- (2) in section 455 (20 U.S.C. 1087e)— has the meaning given the term in section cordance with such subsection’’. (A) in subsection (d)(1)(C), by striking 632 of such Act.’’. SEC. 404. FEDERAL DIRECT LOAN PROGRAM. ‘‘428(b)(9)(A)(v)’’ and inserting SEC. 406. NEED ANALYSIS. (a) TEMPORARY AUTHORITY TO PURCHASE ‘‘428(b)(9)(A)(iv)’’; (a) AMENDMENTS.—Part F of title IV (20 LOANS.—Section 459A (20 U.S.C. 1087i–1) is (B) in subsection (h), by striking ‘‘(except U.S.C. 1087kk et seq.) is amended— amended— as authorized under section 457(a)(1))’’; and (1) in section 473 (20 U.S.C. 1087mm)— (1) in subsection (a)— (C) in subsection (k)(1)(B), by striking ‘‘, or (A) by striking ‘‘For the purpose of this (A) in paragraph (2), in the matter pre- in a notice under section 457(a)(1),’’; title, except subpart 2 of part A,’’ and insert- ceding subparagraph (A), by striking ‘‘pur- (3) by repealing section 457 (20 U.S.C. ing ‘‘(a) IN GENERAL.—For the purpose of this chase of loans under this section’’ and insert- 1087g); and title, other than subpart 2 of part A, and ex- ing ‘‘purchase of loans under paragraph (1)’’; (4) in section 460 (20 U.S.C. 1087j)— cept as provided in subsection (b),’’; and and (A) in subsection (c)(1), by adding at the (B) by adding at the end the following: (B) by inserting after paragraph (2) the fol- end the following: ‘‘No borrower may receive ‘‘(b) SPECIAL RULE.— lowing new paragraph: a reduction of loan obligations under both ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(3) TEMPORARY AUTHORITY TO PURCHASE this section and section 428J.’’; and other provision of this title, the family con- REHABILITATED LOANS.— (B) in subsection (g)(2)— tribution of each student described in para- ‘‘(A) AUTHORITY.—In addition to the au- (i) by striking subparagraph (A); graph (2) shall be deemed to be zero for the thority described in paragraph (1), the Sec- (ii) by redesignating subparagraphs (B) academic year for which the determination retary, in consultation with the Secretary of through (D) as subparagraphs (A) through is made. the Treasury, is authorized to purchase, or (C), respectively; and ‘‘(2) APPLICABILITY.—Paragraph (1) shall enter into forward commitments to pur- (iii) in subparagraph (C), as redesignated apply to any dependent or independent stu- chase, from any eligible lender (as defined in by clause (ii), by striking ‘‘12571’’ and insert- dent with respect to determinations of need section 435(d)(1)), loans that such lender pur- ing ‘‘12601’’. for academic year 2009–2010 and succeeding chased under section 428F on or after Octo- SEC. 405. FEDERAL PERKINS LOANS. academic years— ber 1, 2003, and before July 1, 2010, and that Part E of title IV (20 U.S.C. 1087aa et seq.) ‘‘(A) who is eligible to receive a Federal are not in default, on such terms as the Sec- is amended— Pell Grant for the academic year for which retary, the Secretary of the Treasury, and (1) in section 462(a)(1) (20 U.S.C. the determination is made; the Director of the Office of Management 1087bb(a)(1)), by striking subparagraph (A) ‘‘(B) whose parent or guardian was a mem- and Budget jointly determine are in the best and inserting the following: ber of the Armed Forces of the United States ‘‘(A) 100 percent of the amount received interest of the United States, except that and died as a result of performing military under subsections (a) and (b) of this section any purchase under this paragraph shall not service in Iraq or Afghanistan after Sep- for fiscal year 1999 (as such subsections were result in any net cost to the Federal Govern- tember 11, 2001; and in effect with respect to allocations for such ment (including the cost of servicing the ‘‘(C) who, at the time of the parent or fiscal year), multiplied by’’; loans purchased), as determined jointly by guardian’s death, was— (2) in section 463(c) (20 U.S.C. 1087cc(c))— the Secretary, the Secretary of the Treas- ‘‘(i) less than 24 years of age; or (A) in paragraph (2)— ury, and the Director of the Office of Man- ‘‘(ii) enrolled at an institution of higher (i) by moving the margins of subparagraph agement and Budget. education on a part-time or full-time basis. (A) 2 ems to the left; and ‘‘(B) FEDERAL REGISTER NOTICE.—The Sec- ‘‘(3) INFORMATION.—Notwithstanding any (ii) by striking subparagraph (B) and in- retary, the Secretary of the Treasury, and other provision of law, the Secretary of Vet- serting the following: erans Affairs and the Secretary of Defense, the Director of the Office of Management ‘‘(B) information concerning the repay- as appropriate, shall provide the Secretary of and Budget shall jointly publish a notice in ment and collection of any such loan, includ- Education with information necessary to de- the Federal Register prior to any purchase of ing information concerning the status of termine which students meet the require- loans under this paragraph that— such loan; and’’; and ments of paragraph (2).’’; ‘‘(i) establishes the terms and conditions (B) in paragraph (3)— (2) in section 475(c)(5)(B) (20 U.S.C. governing the purchases authorized by this (i) by striking ‘‘and (6)’’ and inserting ‘‘and paragraph; (5)’’; and 1087oo(c)(5)(B)), by inserting ‘‘of 1986’’ after ‘‘(ii) includes an outline of the method- (ii) by striking ‘‘(a)(6)’’ and inserting ‘‘Code’’; ology and factors that the Secretary, the ‘‘(a)(5)’’; (3) in section 477(b)(5)(B) (20 U.S.C. Secretary of the Treasury, and the Director (3) in the first sentence of the matter pre- 1087qq(b)(5)(B)), by inserting ‘‘of 1986’’ after of the Office of Management and Budget will ceding paragraph (1) of section 463A(a) (20 ‘‘Code’’; jointly consider in evaluating the price at U.S.C. 1087cc–1(a)), by striking ‘‘, in order to (4) in section 479 (20 U.S.C. 1087ss)— which to purchase loans rehabilitated pursu- carry out the provisions of section (A) in subsection (b) (as amended by sec- ant to section 428F(a); and 463(a)(8),’’; tion 602 of the College Cost Reduction and ‘‘(iii) describes how the use of such meth- (4) in section 464 (20 U.S.C. 1087dd)— Access Act (Public Law 110–84))— odology and consideration of such factors (A) in subsection (c)— (i) in paragraph (1)(A)(i), by amending sub- used to determine purchase price will ensure (i) in paragraph (1)(D)— clause (III) to read as follows: that loan purchases do not result in any net (I) by striking ‘‘(I)’’ and inserting ‘‘(i)’’; ‘‘(III) include at least one parent who is a cost to the Federal Government (including and dislocated worker; or’’; and the cost of servicing the loans purchased).’’; (II) by striking ‘‘(II)’’ and inserting ‘‘(ii)’’; (ii) in paragraph (1)(B)(i), by amending sub- and and clause (III) to read as follows: (2) by amending subsection (b) to read as (ii) in paragraph (2)(A)(iii)— ‘‘(III) is a dislocated worker or has a follows: (I) by aligning the margin of the matter spouse who is a dislocated worker; or’’; and ‘‘(b) PROCEEDS.—The Secretary shall re- preceding subclause (I) with the margins of (B) in subsection (c) (as amended by such quire, as a condition of any purchase under clause (ii); section 602)— subsection (a), that the funds paid by the (II) by aligning the margins of subclauses (i) in paragraph (1)(A), by amending clause Secretary to any eligible lender under this (I) and (II) with the margins of clause (i)(I); (iii) to read as follows: section be used— and ‘‘(iii) include at least one parent who is a ‘‘(1) to ensure continued participation of (III) by aligning the margins of the matter dislocated worker; or’’; and such lender in the Federal student loan pro- following subclause (II) with the margins of (ii) in paragraph (2)(A), by amending clause grams authorized under part B of this title; the matter following subclause (II) of clause (iii) to read as follows: and (i); and ‘‘(iii) is a dislocated worker or has a spouse ‘‘(2)(A) in the case of loans purchased pur- (B) in subsection (g)(5), by striking ‘‘credit who is a dislocated worker; or’’; suant to subsection (a)(1), to originate new bureaus’’ and inserting ‘‘consumer reporting (5) in section 479C (20 U.S.C. 1087uu–1)— Federal loans to students, as authorized agencies’’; (A) in paragraph (1), by striking ‘‘under’’ under part B of this title; or (5) in section 465(a)(6) (20 U.S.C. and all that follows through ‘‘; and’’ and in- ‘‘(B) in the case of loans purchased pursu- 1087ee(a)(6)), by striking ‘‘12571’’ and insert- serting ‘‘under Public Law 98–64 (25 U.S.C. ant to subsection (a)(3), to originate such ing ‘‘12601’’; 117a et seq.; 97 Stat. 365) (commonly known new Federal loans to students, or to pur- (6) in section 467(b) (20 U.S.C. 1087gg(b)), by as the ‘Per Capita Act’) or the Indian Tribal chase loans in accordance with section striking ‘‘paragraph (5)(A), (5)(B)(i), or (6)’’ Judgment Funds Use or Distribution Act (25 428F(a).’’. and inserting ‘‘paragraph (4) or (5)’’; and U.S.C. 1401 et seq.); and’’; and

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.002 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15893 (B) in paragraph (2)— sion of law, the Secretary of Education shall (D) in subsection (g)(2), by striking ‘‘sub- (i) by striking ‘‘Alaskan’’ and inserting be required to carry out the requirements paragraph (G)’’ and inserting ‘‘paragraph ‘‘Alaska’’; under the following provisions of section 483 (1)(G)’’; (ii) by inserting ‘‘(43 U.S.C. 1601 et seq.)’’ of the Higher Education Act of 1965 (20 U.S.C. (E) in subsection (i)— before ‘‘or the’’; and 1090) only for academic year 2010–2011 and (i) in paragraph (2), by striking ‘‘eligible (iii) by inserting ‘‘of 1980 (25 U.S.C. 1721 et subsequent academic years: institution participating in any program seq.)’’ after ‘‘Maine Indian Claims Settle- (1) In subsection (a) of such section— under this title’’ and inserting ‘‘institution ment Act’’; (A) subparagraphs (A)(i) and (B) of para- described in paragraph (1)’’; (6) in section 480(a)(2) (20 U.S.C. graph (2); (ii) in paragraph (3), in the matter pre- 1087vv(a)(2)), by striking ‘‘12571’’ and insert- (B) in paragraph (3)— ceding subparagraph (A), by striking ‘‘eligi- ing ‘‘12511’’; (i) the second sentence of subparagraph ble institution participating in any program (7) in section 480(c)(2) (20 U.S.C. (A); under this title’’ and inserting ‘‘institution 1087vv(c)(2))— (ii) clauses (i) and (ii) of subparagraph (B); described in paragraph (1)’’; and (A) in the matter preceding subparagraph and (iii) in paragraph (5)(B), by striking ‘‘the (A), by striking ‘‘the following’’ and insert- (iii) subparagraph (C); Family Educational Rights and Privacy Act ing ‘‘benefits under the following provisions (C) paragraph (4)(A)(iv); and of 1974’’ and inserting ‘‘commonly known as of law’’; and (D) paragraph (5)(E). the ‘Family Educational Rights and Privacy (B) by striking subparagraphs (A) through (2) Subsection (h) of such section. Act of 1974’ ’’; (J) and inserting the following: (b) OTHER AMENDMENTS.—Part G of title IV (F) in subsection (k)(2), by inserting ‘‘sec- ‘‘(A) Chapter 103 of title 10, United States (20 U.S.C. 1088 et seq.) is amended— tion’’ before ‘‘484(r)(1)’’; and Code (Senior Reserve Officers’ Training (1) in the matter preceding paragraph (1) of (G) in the matter preceding clause (i) of Corps). section 481(c) (20 U.S.C. 1088(c)), by striking subsection (l)(1)(A), by striking ‘‘subpara- ‘‘(B) Chapter 106A of title 10, United States ‘‘or any State, or private, profit or nonprofit graph (B)’’ and inserting ‘‘paragraph (2)’’; Code (Educational Assistance for Persons organization’’ and inserting ‘‘any State, or (6) in section 485A (20 U.S.C. 1092a)— Enlisting for Active Duty). any private, for-profit or nonprofit organiza- (A) in subsection (a)— ‘‘(C) Chapter 1606 of title 10, United States tion,’’; (i) by striking ‘‘or defined in subpart I of Code (Selected Reserve Educational Assist- (2) in section 482(b) (20 U.S.C. 1089(b)), by part C of title VII of the Public Health Serv- ance Program). striking ‘‘413D(e), 442(e), or 462(j)’’ and in- ice Act’’ and inserting ‘‘or an eligible lender ‘‘(D) Chapter 1607 of title 10, United States serting ‘‘413D(d), 442(d), or 462(i)’’; as defined in section 719 of the Public Health Code (Educational Assistance Program for (3) in section 483 (20 U.S.C. 1090)— Service Act (42 U.S.C. 292o)’’; and Reserve Component Members Supporting (A) in subsection (a)(3)(C), by inserting (ii) by striking ‘‘under subpart I of part C Contingency Operations and Certain Other ‘‘that’’ after ‘‘except’’; and of title VII of the Public Health Service Act Operations). (B) in subsection (e)(8)(A), by striking (known as Health Education Assistance ‘‘(E) Chapter 30 of title 38, United States ‘‘identify’’ and inserting ‘‘determine’’; Loans)’’ and inserting ‘‘under part A of title Code (All-Volunteer Force Educational As- (4) in section 484 (20 U.S.C. 1091)— VII of the Public Health Service Act (42 sistance Program, also known as the ‘Mont- (A) in the matter preceding subparagraph U.S.C. 292 et seq.)’’; (B) in subsection (b), by striking ‘‘subpart gomery GI Bill—active duty’). (A) of subsection (a)(4), by striking ‘‘certifi- I of part C of title VII of the Public Health ‘‘(F) Chapter 31 of title 38, United States cation,,’’ and inserting ‘‘certification,’’; Service Act’’ and inserting ‘‘part A of title Code (Training and Rehabilitation for Vet- (B) in subsection (b)(1)(B)— VII of the Public Health Service Act (42 erans with Service-Connected Disabilities). (i) by striking ‘‘have (A)’’ and inserting U.S.C. 292 et seq.)’’; ‘‘(G) Chapter 32 of title 38, United States ‘‘have (i)’’; and (C) in subsection (e)— Code (Post-Vietnam Era Veterans’ Edu- (ii) by striking ‘‘and (B)’’ and inserting (i) by striking ‘‘Health Education Assist- cational Assistance Program). ‘‘and (ii)’’; ance Loan’’ and inserting ‘‘loan under part A ‘‘(H) Chapter 33 of title 38, United States (C) in subsection (f)(1), by striking ‘‘part of title VII of the Public Health Service Act Code (Post-9/11 Educational Assistance). B’’ and all that follows through ‘‘part E’’ in (42 U.S.C. 292 et seq.)’’; and ‘‘(I) Chapter 35 of title 38, United States each place that the phrase occurs and insert- (ii) in paragraph (2), by striking ‘‘733(e)(3)’’ Code (Survivors’ and Dependents’ Edu- ing ‘‘part B, part D, or part E’’; and inserting ‘‘707(e)(3)’’; and cational Assistance Program). (D) in subsection (h)— (D) in subsection (f)— ‘‘(J) Section 903 of the Department of De- (i) in paragraph (2), by striking (i) in paragraph (1)— fense Authorization Act, 1981 (10 U.S.C. 2141 ‘‘(h)(4)(A)(i)’’ and inserting ‘‘(g)(4)(A)(i)’’; and (I) in the second sentence, by striking note) (Educational Assistance Pilot Pro- (ii) in paragraph (3), by striking ‘‘subpart I of part C of title VII of the Public gram). ‘‘(h)(4)(B)(i)’’ and inserting ‘‘(g)(4)(B)(i)’’; and Health Service Act’’ and inserting ‘‘part A of ‘‘(K) Section 156(b) of the ‘Joint Resolution (E) in subsection (n), by striking ‘‘section title VII of the Public Health Service Act (42 making further continuing appropriations 1113 of Public Law 97–252’’ and inserting U.S.C. 292 et seq.)’’; and and providing for productive employment for ‘‘section 12(f) of the Military Selective Serv- (II) in the fourth sentence, by striking the fiscal year 1983, and for other purposes’ ice Act (50 U.S.C. App. 462(f))’’; ‘‘728(a)’’ and inserting ‘‘710’’; and (42 U.S.C. 402 note) (Restored Entitlement (5) in section 485 (20 U.S.C. 1092)— (ii) in paragraph (2), by striking ‘‘subpart I Program for Survivors, also known as (A) in subsection (a)— of part C of title VII of the Public Health ‘Quayle benefits’). (i) in paragraph (1)— Service Act’’ and inserting ‘‘part A of title ‘‘(L) The provisions of chapter 3 of title 37, (I) the matter preceding subparagraph (A), VII of the Public Health Service Act (42 United States Code, related to subsistence by striking ‘‘also referred to as the Family U.S.C. 292 et seq.)’’; allowances for members of the Reserve Offi- Educational Rights and Privacy Act of 1974’’ (7) in section 485B (20 U.S.C. 1092b)— cers Training Corps.’’; and and inserting ‘‘commonly known as the (A) in subsection (a)(5), by striking ‘‘))’’ (8) in section 480(j)(1) (20 U.S.C. ‘Family Educational Rights and Privacy Act and inserting ‘‘)’’; and 1087vv(j)(1)), by striking ‘‘12571’’ and insert- of 1974’ ’’; and (B) in subsection (d)(3)(D), by striking ‘‘the ing ‘‘12511’’. (II) in subparagraph (I), by striking Family Educational Rights and Privacy Act (b) EFFECTIVE DATE.—The amendments ‘‘handicapped students’’ and inserting ‘‘stu- of 1974’’ and inserting ‘‘commonly known as made by— dents with disabilities’’; the ‘Family Educational Rights and Privacy (1) paragraph (1) of subsection (a) shall (ii) in paragraph (4)(B), by inserting ‘‘dur- Act of 1974’ ’’; take effect on July 1, 2009; and ing which’’ after ‘‘time period’’; and (8) in section 487 (20 U.S.C. 1094)— (2) paragraph (4) of such subsection shall be (iii) in the matter preceding subclause (I) (A) in subsection (a)(23)(A), by inserting effective as if enacted as part of the amend- of paragraph (7)(B)(iv), by inserting ‘‘edu- ‘‘of 1993’’ after ‘‘Registration Act’’; ments in section 602(a) of the College Cost cation’’ after ‘‘higher’’; (B) in subsection (c)(1)— Reduction and Access Act (Public Law 110– (B) in subsection (e)(3)(B), by inserting (i) in subparagraph (A)(i), by striking ‘‘stu- 84), and shall take effect on July 1, 2009. ‘‘during which’’ after ‘‘time period’’; dents receives’’ and inserting ‘‘students re- (c) HIGHER EDUCATION OPPORTUNITY ACT.— (C) in subsection (f)— ceive’’; Section 473(f) of the Higher Education Oppor- (i) in the matter preceding subparagraph (ii) in subparagraph (F), by striking ‘‘para- tunity Act (Public Law 110–315) is amended (A) of paragraph (1), by inserting ‘‘of’’ after graph (2)(B)’’ and inserting ‘‘paragraph by inserting ‘‘, except that the amendments ‘‘foreign institution’’; and (3)(B)’’; and made in subsection (e) shall take effect on (ii) in paragraphs (3), (4)(A), (5), and (8)(A), (iii) in subparagraph (H), by striking July 1, 2009’’ before the period at the end. by striking ‘‘under this title’’ each place it ‘‘paragraph (2)(B)’’ and inserting ‘‘paragraph SEC. 407. GENERAL PROVISIONS OF TITLE IV. appears and inserting ‘‘under this title, other (3)(B)’’; (a) DELAYED IMPLEMENTATION OF EZ than a foreign institution of higher edu- (C) in subsection (f)(1), by striking FAFSA.—Notwithstanding any other provi- cation,’’; ‘‘496(c)(4)’’ and inserting ‘‘496(c)(3)’’; and

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.002 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15894 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 (D) in subsection (g)(1), by striking ‘‘sub- ing ‘‘Section 631 (20 U.S.C. 1132)’’ and insert- (i) in paragraph (1)(D), by striking ‘‘con- section (f)(2)’’ and inserting ‘‘subsection ing ‘‘Section 631(a) (20 U.S.C. 1132(a))’’. sortia’’ and inserting ‘‘consortium’’; and (e)(2)’’; TITLE VII—GRADUATE AND (ii) in paragraph (2)— (9) in section 487A(b) (20 U.S.C. 1094a(b))— POSTSECONDARY IMPROVEMENT (I) in the paragraph heading, by striking (A) in paragraph (1)— SEC. 701. GRADUATE AND POSTSECONDARY IM- ‘‘CONSORTIA’’ and inserting ‘‘CONSORTIUM’’; (i) by striking ‘‘Any activities’’ and insert- PROVEMENT PROGRAMS. and ing ‘‘Any experimental sites’’; and Title VII (20 U.S.C. 1133 et seq.) is amend- (II) by striking ‘‘consortia’’ each place the (ii) by striking ‘‘June 30, 2009’’ and inserted— term appears and inserting ‘‘consortium’’. ing ‘‘June 30, 2010’’; and (1) in the matter preceding paragraph (1) of TITLE VIII—ADDITIONAL PROGRAMS (B) by adding at the end the following: section 721(d) (20 U.S.C. 1136(d)), by striking SEC. 801. ADDITIONAL PROGRAMS. ‘‘(4) DETERMINATION OF SUCCESS.—For the ‘‘services through’’ and all that follows Title VIII (20 U.S.C. 1161a et seq.) is amend- purposes of paragraph (1), the Secretary through ‘‘resource centers’’ and inserting ed— shall make a determination of success re- ‘‘services through pre-college programs, un- (1) in section 802(d)(2)(D) (20 U.S.C. garding an institution’s participation as an dergraduate prelaw information resource 1161b(d)(2)(D)), by striking ‘‘regulation’’ and experimental site based on— centers’’; inserting ‘‘regulations’’; ‘‘(A) the ability of the experimental site to (2) in section 723(b)(1)(P) (20 U.S.C. (2) in section 804(d) (20 U.S.C. 1161d(d))— reduce administrative burdens to the institu- 1136a(b)(1)(P)), by striking ‘‘Sate’’ and insert- (A) in the heading, by striking ‘‘DEFINI- tion, as documented in the Secretary’s bien- ing ‘‘State’’; TION’’ and inserting ‘‘DEFINITIONS’’; and nial report under paragraph (2), without cre- (3) in section 744(c)(6)(C) (20 U.S.C. (B) by striking paragraph (2) and inserting ating costs for the taxpayer; and 1138c(c)(6)(C)), by inserting ‘‘of the National the following: ‘‘(B) whether the experimental site has im- Academies’’ after ‘‘Institute of Medicine’’; ‘‘(2) PUBLIC HEALTH SERVICE ACT.—The proved the delivery of services to, or other- (4) in section 760 (20 U.S.C. 1140), by strik- terms ‘accredited’ and ‘school of nursing’ wise benefitted, students.’’; ing paragraph (1) and inserting the following: have the meanings given those terms in sec- (10) in section 489(a) (20 U.S.C. 1096(a))— ‘‘(1) COMPREHENSIVE TRANSITION AND POST- tion 801 of the Public Health Service Act (42 (A) in the third sentence, by striking ‘‘has SECONDARY PROGRAM FOR STUDENTS WITH IN- U.S.C. 296).’’; agreed to assign under section 463(a)(6)(B)’’ TELLECTUAL DISABILITIES.—The term ‘com- (3) in section 808(a)(1) (20 U.S.C. and inserting ‘‘has referred under section prehensive transition and postsecondary pro- 1161h(a)(1)), by striking ‘‘the Family Edu- 463(a)(4)(B)’’; and gram for students with intellectual disabil- cation Rights and Privacy Act of 1974’’ and (B) in the fourth sentence, by striking ities’ means a degree, certificate, or non- inserting ‘‘section 444 of the General Edu- ‘‘484(h)’’ and inserting ‘‘484(g)’’; degree program that meets each of the fol- cation Provisions Act (commonly known as (11) in section 491(l)(2)(A) (20 U.S.C. lowing: the ‘Family Educational Rights and Privacy 1098(l)(2)(A)), by inserting ‘‘the’’ after ‘‘en- ‘‘(A) Is offered by an institution of higher Act of 1974’)’’; actment of’’; and education. (4) in section 819(b)(3) (20 U.S.C. 1161j(b)(3)), (12) in section 492(a) (20 U.S.C. 1098a(a))— ‘‘(B) Is designed to support students with by inserting a period after ‘‘101(a)’’; (A) in paragraph (1), by striking ‘‘regula- intellectual disabilities who are seeking to (5) in section 820 (20 U.S.C. 1161k)— tions’’ and all that follows through ‘‘The’’ continue academic, career and technical, and (A) in subsection (d)(5), by inserting ‘‘the’’ and inserting ‘‘regulations for this title. independent living instruction at an institu- before ‘‘grant’’; The’’; and tion of higher education in order to prepare (B) in subsection (f)(2), by striking ‘‘sub- (B) in paragraph (2), by striking ‘‘ISSUES’’ for gainful employment. part’’ each place the term appears and in- and all that follows through ‘‘provide’’ and ‘‘(C) Includes an advising and curriculum serting ‘‘section’’; and inserting ‘‘ISSUES.—The Secretary shall pro- structure. (C) in subsection (h), by striking ‘‘use’’ and vide’’. ‘‘(D) Requires students with intellectual inserting ‘‘used’’; SEC. 408. PROGRAM INTEGRITY. disabilities to participate on not less than a (6) in section 821 (20 U.S.C. 1161l)— Part H of title IV (20 U.S.C. 1099a et seq.) half-time basis as determined by the institu- (A) in subsection (a)(1), by striking ‘‘sub- is amended— tion, with such participation focusing on section (g)’’ and inserting ‘‘subsection (f)’’; (1) in section 496(a)(6)(G) (20 U.S.C. academic components, and occurring and 1099b(a)(6)(G)), by striking the period at the through 1 or more of the following activities: (B) in subsection (c)(1)(B), by striking end and inserting a semicolon; and ‘‘(i) Regular enrollment in credit-bearing ‘‘within’’ and inserting ‘‘in’’; (2) in section 498(c)(2) (20 U.S.C. 1099c(c)(2)), courses with nondisabled students offered by (7) in section 824(f)(3) (20 U.S.C. 1161l– by striking ‘‘for profit’’ and inserting ‘‘for- the institution. 3(f)(3))— profit’’. ‘‘(ii) Auditing or participating in courses (A) in subparagraph (A), by inserting ‘‘a’’ SEC. 409. WAIVER OF MASTER CALENDAR AND with nondisabled students offered by the in- after ‘‘submitting’’; and NEGOTIATED RULEMAKING RE- stitution for which the student does not re- (B) in subparagraph (C), by striking QUIREMENTS. ceive regular academic credit. ‘‘pursing’’ and inserting ‘‘pursuing’’; Sections 482 and 492 of the Higher Edu- ‘‘(iii) Enrollment in noncredit-bearing, (8) in section 825(a) (20 U.S.C. 1161l-4(a)), by cation Act of 1965 (20 U.S.C. 1089, 1098a) shall nondegree courses with nondisabled stu- striking ‘‘the Family Educational Rights not apply to the amendments made by this dents. and Privacy Act of 1974’’ and inserting ‘‘com- title, or to any regulations promulgated ‘‘(iv) Participation in internships or work- monly known as the ‘Family Educational under those amendments. based training in settings with nondisabled Rights and Privacy Act of 1974’ ’’; TITLE V—DEVELOPING INSTITUTIONS individuals. (9) in section 826(3) (20 U.S.C. 1161l-5(3)), by ‘‘(E) Requires students with intellectual striking ‘‘the Family Educational Rights SEC. 501. DEVELOPING INSTITUTIONS. disabilities to be socially and academically and Privacy Act of 1974’’ and inserting ‘‘com- Section 502(b)(2) (20 U.S.C. 1101a(b)(2)) is integrated with non-disabled students to the monly known as the ‘Family Educational amended by striking ‘‘which determination’’ maximum extent possible.’’; Rights and Privacy Act of 1974’ ’’; and inserting ‘‘which the determination’’. (5) in section 772 (20 U.S.C. 1140l)— (10) in section 830(a)(1)(B) (20 U.S.C. TITLE VI—INTERNATIONAL EDUCATION (A) in subsection (a)(2)(A), by striking 1161m(a)(1)(B)), by striking ‘‘of for’’ and in- PROGRAMS ‘‘with in’’ and inserting ‘‘with’’; and serting ‘‘of’’; SEC. 601. INTERNATIONAL EDUCATION PRO- (B) in the matter preceding subclause (I) of (11) in section 833(e)(1) (20 U.S.C. 1161n– GRAMS. subsection (b)(1)(C)(ii), by striking ‘‘subpara- 2(e)(1))— (a) HIGHER EDUCATION ACT OF 1965.—Title graph (C)’’ and inserting ‘‘clause (i)’’; (A) in the matter preceding subparagraph VI (20 U.S.C. 1121 et seq.) is amended— (6) in section 781 (20 U.S.C. 1141)— (A), by striking ‘‘because of’’ and inserting (1) in section 604(a) (20 U.S.C. 1124(a))— (A) in subsection (c)(1), by striking ‘‘Serv- ‘‘based on’’; and (A) in the matter preceding subparagraph ice’’ each place the term appears and insert- (B) in subparagraph (D), by striking ‘‘pur- (A) of paragraph (2), by inserting ‘‘the’’ being ‘‘Services’’; poses of this section’’ and inserting ‘‘purpose fore ‘‘Federal’’; and (B) in the matter preceding paragraph (1) of this part’’; (B) in paragraph (7)(D), by striking ‘‘insti- of subsection (e)— (12) in section 841(c)(1) (20 U.S.C. tution, combination’’ and inserting ‘‘appli- (i) by striking ‘‘(as defined’’ and all that 1161o(c)(1)), by striking ‘‘486A(d)’’ and insert- cant, consortium,’’; and follows through ‘‘this Act)’’ and inserting ing ‘‘486A(b)(1)’’; (2) in section 622(a) (20 U.S.C. 1131–1(a)), by ‘‘(as described in section 435(p))’’; and (13) in section 851(j) (20 U.S.C. 1161p(j)), by inserting a period after ‘‘title’’. (ii) by striking ‘‘435(j)’’ and inserting inserting ‘‘to be appropriated’’ after ‘‘au- (b) HIGHER EDUCATION OPPORTUNITY ACT.— ‘‘428(b)’’; thorized’’; and The matter preceding paragraph (1) of sec- (C) in subsection (g)(2), by striking ‘‘Serv- (14) in section 894(b)(2) (20 U.S.C. tion 621 of the Higher Education Opportunity ice’’ and inserting ‘‘Services’’; and 1161y(b)(2)), by striking ‘‘the Family Edu- Act (Public Law 110–315) is amended by strik- (D) in subsection (i)— cational Rights and Privacy Act of 1974’’ and

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.002 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15895 inserting ‘‘commonly known as the ‘Family ized to meet during the session of the Texas, agreeable to the notice commu- Educational Rights and Privacy Act of Senate on Tuesday, June 23, 2009, at 11 nicated to the Senate, and at the hour 1974’ ’’. a.m. of 10 a.m., Wednesday, June 24, 2009, SEC. 802. AMENDMENTS TO OTHER HIGHER EDU- The PRESIDING OFFICER. Without the Senate will receive the honorable CATION ACTS. objection, it is so ordered. managers on the part of the House of (a) HIGHER EDUCATION AMENDMENTS OF 1998.— SUBCOMMITTEE ON PERSONNEL Representatives in order that they may (1) INCARCERATED INDIVIDUALS.—Section Mr. MENENDEZ. Mr. President, I ask present and exhibit the said articles of 821(h) of the Higher Education Amendments unanimous consent that the Sub- impeachment against the said Samuel of 1998 (20 U.S.C. 1151(h)) is amended to read committee on Personnel of the Com- B. Kent, Judge of the United States as follows: mittee on Armed Services be author- District Court for the Southern Dis- ‘‘(h) ALLOCATION OF FUNDS.— ized to meet during the session of the trict of Texas. ‘‘(1) FISCAL YEAR 2009.—From the funds ap- The PRESIDING OFFICER. Without propriated pursuant to subsection (i) for fis- Senate on Tuesday, June 23, 2009, at cal year 2009, the Secretary shall allot to 9:30 a.m. objection, it is so ordered. each State an amount that bears the same The PRESIDING OFFICER. Without f relationship to such funds as the total num- objection, it is so ordered. PRIVILEGES OF THE FLOOR ber of incarcerated individuals described in SUBCOMMITTEE ON READINESS AND paragraphs (1) and (2) of subsection (e) in the Mr. BEGICH. Mr. President, I ask MANAGEMENT SUPPORT State bears to the total number of such indi- unanimous consent that the following viduals in all States. Mr. MENENDEZ. Mr. President, I ask counsel and staff of the House of Rep- ‘‘(2) FUTURE FISCAL YEARS.—From the unanimous consent that the Sub- resentatives be permitted the privi- funds appropriated pursuant to subsection (i) committee on Readiness and Manage- leges of the floor during Wednesday’s for each fiscal year after fiscal year 2009, the ment Support of the Committee on proceedings with respect to the trial of Secretary shall allot to each State an Armed Services be authorized to meet the impeachment of Judge Kent: Alan amount that bears the same relationship to during the session of the Senate on such funds as the total number of students Baron, Phillip Tahtakran, Branden Tuesday, June 23, 2009, at 3:30 p.m. Ritchie, Mark Dubester, Harry eligible under subsection (e) in such State The PRESIDING OFFICER. Without bears to the total number of such students in Hamelin, Ryan Clough, Elisabeth all States.’’. objection, it is so ordered. Stein, Michael Lenn. (2) UNDERGROUND RAILROAD.—Section 841(c) SUBCOMMITTEE ON SEAPOWER The PRESIDING OFFICER. Without of the Higher Education Amendments of 1998 Mr. MENENDEZ. Mr. President, I ask objection, it is so ordered. (20 U.S.C. 1153(c)) is amended by inserting unanimous consent that the Sub- f ‘‘this section’’ after ‘‘to carry out’’. committee on Seapower of the Com- (b) EDUCATION OF THE DEAF ACT OF 1986.— COMMENDING BUREAU OF LABOR Section 203(b)(2) of the Education of the Deaf mittee on Armed Services be authorized to meet during the session of the STATISTICS ON 125TH ANNIVER- Act of 1986 (20 U.S.C. 4353(b)(2)) is amended SARY by striking ‘‘and subsections (b) and (c) of Senate on Tuesday, June 23, 2009, at section 209.’’ and inserting ‘‘and subsections 5:30 p.m. Mr. BEGICH. Mr. President, I ask (a), (b), and (c) of section 209.’’. The PRESIDING OFFICER. Without unanimous consent that the Senate f objection, it is so ordered. proceed to the immediate consideration of S. Con. Res. 30 submitted ear- AUTHORITY FOR COMMITTEES TO SUBCOMMITTEE ON STRATEGIC FORCES Mr. MENENDEZ. Mr. President, I ask lier today. MEET The PRESIDING OFFICER. The unanimous consent that the Sub- clerk will report the resolution by COMMITTEE ON FOREIGN RELATIONS committee on Strategic Forces of the Mr. MENENDEZ. Mr. President, I ask title. Committee on Armed Services be au- The bill clerk read as follows: unanimous consent that the Com- thorized to meet during the session of mittee on Foreign Relations be author- A concurrent resolution (S. Con. Res. 30) the Senate on Tuesday, June 23, 2009, commending the Bureau of Labor Statistics ized to meet during the session of the at 2 p.m. Senate on Tuesday, June 23, 2009, at 10 on the occasion of its 125th anniversary. The PRESIDING OFFICER. Without There being no objection, the Senate a.m., to hold a hearing entitled ‘‘Con- objection, it is so ordered. fronting Drug Trafficking in West Afri- will proceed to the concurrent resolu- SUBCOMMITTEE ON SURFACE TRANSPORTATION ca.’’ tion. AND MERCHANT MARINE INFRASTRUCTURE, Mr. BEGICH. Mr. President, I ask The PRESIDING OFFICER. Without SAFETY, AND SECURITY objection, it is so ordered. unanimous consent that the concur- Mr. MENENDEZ. Mr. President, I ask rent resolution be agreed to, the pre- COMMITTEE ON HEALTH, EDUCATION, LABOR, unanimous consent that the Sub- AND PENSIONS amble be agreed to, the motions to re- committee on Surface Transportation consider be laid upon the table with no Mr. MENENDEZ. Mr. President, I ask and Merchant Marine Infrastructure, unanimous consent that the Com- intervening action or debate, and any Safety, and Security of the Committee statements related to the measure be mittee on Health, Education, Labor, on Commerce, Science, and Transpor- and Pensions be authorized to meet printed in the RECORD. tation be authorized to meet during The PRESIDING OFFICER. Without during the session of the Senate on the session of the Senate on Tuesday, June 23, 2009 at 10 a.m. in room 325 of objection, it is so ordered. June 23, 2009, at 2:30 p.m., in room 253 The concurrent resolution (S. Con. the Russell Senate Office Building. of the Russell Senate Office Building. Res. 30) was agreed to. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The preamble was agreed to. objection, it is so ordered. objection, it is so ordered. The concurrent resolution, with its SELECT COMMITTEE ON INTELLIGENCE f preamble, reads as follows: Mr. MENENDEZ. Mr. President, I ask S. CON. RES. 30 unanimous consent that the Select RECEIVING ARTICLES OF IMPEACHMENT Whereas the Act entitled ‘‘An Act to estab- Committee on Intelligence be author- lish a Bureau of Labor’’, approved on June ized to meet during the session of the Mr. BEGICH. Mr. President, I ask 27, 1884 (23 Stat. 60), established a bureau to Senate on June 23, 2009, at 2:30 p.m. unanimous consent that the Secretary ‘‘collect information upon the subject of The PRESIDING OFFICER. Without inform the House of Representatives labor, its relation to capital, the hours of objection, it is so ordered. that the Senate is ready to receive the labor, and the earnings of laboring men and women, and the means of promoting their SUBCOMMITTEE ON AIRLAND managers appointed by the House for material, social, intellectual, and moral Mr. MENENDEZ. Mr. President, I ask the purpose of exhibiting articles of prosperity’’; unanimous consent that the Sub- impeachment against Samuel B. Kent, Whereas the Bureau of Labor Statistics is committee on Airland of the Com- Judge of the United States District the principal factfinding agency for the Fed- mittee on Armed Services be author- Court for the Southern District of eral Government in the broad field of labor

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.002 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15896 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 June 23, 2009 economics and statistics, and in that role it the services they required in a commu- Since the Olmstead decision 10 years collects, processes, analyzes, and dissemi- nity-based setting, the women re- ago this week, we have made progress nates essential statistical data to the public, mained institutionalized. in giving individuals with disabilities Congress, other Federal agencies, State and The plaintiffs’ argument—that their the choice to receive their necessary local governments, business, and labor; Whereas the Bureau of Labor Statistics institutionalization violated the services and supports in home- and has completed 125 years of service to govern- ADA—was consistent with our findings community-based settings, rather than ment, business, labor, and the public by pro- in the ADA. There we said: only in an institution. ducing indispensable data and special studies Historically, society has tended to isolate Many of the provisions in my Money on prices, employment and unemployment, and segregate individuals with disabilities, Follows the Person legislation were in- productivity, wages and other compensation, and, despite some improvements, such forms cluded in the Deficit Reduction Act of economic growth, industrial relations, occu- of discrimination against individuals with 2005. The goal of Money Follows the pational safety and health, the use of time disabilities continue to be a serious and per- Person is that Medicaid money would by the people of the United States, and the vasive social problem. follow the person with a disability economic conditions of States and metro- We also said: from an institution into the commu- politan areas; Whereas many public programs and private Discrimination against individuals with nity. transactions are dependent today on the disabilities persists in such critical areas as In 2007, the Centers for Medicare & quality of such statistics of the Bureau of . . . institutionalization. Medicaid Services awarded more than Labor Statistics as the unemployment rate This is precisely what had happened $1.4 billion in Money Follows the Per- and the Consumer Price Index, which play to the two women in the Olmstead son grants to States, making it pos- essential roles in the allocation of Federal case, Lois Curtis and Elaine Wilson. sible to transition 37,731 individuals funds and the adjustment of pensions, wel- Lois had been confined in an institu- out of institutional settings over the 5- fare payments, private contracts, and other tion since the age of 14. Elaine had year demonstration period. Thirty payments to offset the impact of inflation; been living in a locked ward in a psy- States and the District of Columbia Whereas the Bureau of Labor Statistics were awarded grants to reduce their re- pursues these responsibilities with absolute chiatric hospital for more than a year. integrity and is known for being unfailingly Elaine told the district court judge in liance on institutional care, while de- responsive to the need for new types of infor- the case that, confined to the institu- veloping community-based long-term mation and indexes of change; tion, she felt like she was sitting in a care opportunities—thus enabling peo- Whereas the Bureau of Labor Statistics little box with no way out. Day after ple with disabilities to fully partici- has earned an international reputation as a day, she endured the same routine, the pate in their communities. leader in economic and social statistics; same four walls. This is exactly the But our work is not nearly done. De- Whereas the Bureau of Labor Statistics’ spite our efforts, the institutional bias Internet website, www.bls.gov, began oper- kind of exclusion and isolation that the ADA was designed to end. So Elaine remains for low-income individuals ating in 1995 and meets the public need for with significant disabilities. States timely and accurate information by pro- and Lois brought suit under the ADA. viding an ever-expanding body of economic The Supreme Court agreed with still spend about 60 percent of their data and analysis available to an ever-grow- them. The Court ruled that needless Medicaid long-term care dollars on in- ing group of online citizens; and segregation is discrimination on two stitutional services, with only about 40 Whereas the Bureau of Labor Statistics grounds. First, the Court said that percent going to home- and commu- has established the highest standards of pro- needless segregation perpetuates the nity-based services. fessional competence and commitment: Now, Although almost every State has unwarranted assumption that individ- therefore, be it chosen to provide some services under uals who are so isolated are incapable Resolved by the Senate (the House of Rep- home- and community-based Medicaid or unworthy of participating in com- resentatives concurring), That Congress com- waivers, to get these services individ- mends the Bureau of Labor Statistics on the munity life. And, second, the Court uals with disabilities must navigate a occasion of its 125th anniversary for the ex- said that confinement in an institution maze of programs where there are caps emplary service its administrators and em- severely diminishes the everyday life for costs, caps for the number of people ployees provide in collecting and dissemi- activities of individuals, including fam- served, and limits on the specific dis- nating vital information for the United ily relations, social contacts, work op- States. abilities that are covered. In many tions, economic independence, edu- f States, there are also significant wait- cational achievement, and cultural en- ing lists for these basic services. HONORING THE SUPREME COURT’S richment. Some States have adopted the op- OLMSTEAD DECISION The Supreme Court said that, under tional Medicaid benefit of providing Mr. BEGICH. Mr. President, I ask title II of the ADA, States are required personal care services under their Med- unanimous consent the Senate proceed to provide community-based services icaid Program. But this is only 30 to the immediate consideration of S. and supports for individuals with dis- States, not everywhere. Services pro- Res. 201, submitted earlier today. abilities who want to receive their nec- vided in an institutional setting still The PRESIDING OFFICER. The essary services and supports in non- represent the only guaranteed benefit. clerk will report the resolution by institutional settings, where such So while more than 2.7 million people title. placement is appropriate, and where in this country are already receiving The bill clerk read as follows: such community-based placement can home- and community-based services A resolution (S. Res. 201) recognizing and be reasonably accommodated. at a cost of more than $30 billion each honoring the tenth anniversary of the United I mentioned that Lois Curtis and year, there are an estimated 600,000 in- States Supreme Court decision in Olmstead Elaine Wilson were institutionalized dividuals with significant disabilities v. L.C., 527 U.S. 581 (1999). for long durations. How did they fare on Medicaid who do not have the same There being no objection, the Senate afterwards? choices that were promised by the proceeded to consider the resolution. At a hearing in the case, they both Olmstead decision. Their only choice is Mr. HARKIN. Mr. President, this spoke of the little things that had to live in an institution or to try to get week marks the 10th anniversary of the changed. They could make new friends by with the help of family and friends, landmark decision of the U.S. Supreme and attend family celebrations. They often at the expense of their health. Court in Olmstead v. L.C. could make Kool-Aid whenever they To fulfill the promise of Olmstead, In the Olmstead case, two Georgia pleased. They could go outside and Congress must pass the Community women brought suit on the grounds take walks. Choice Act. This legislation, which I that their needless confinement in a We all take these kinds of things for have introduced and continue to cham- mental institution violated the Ameri- granted. But these kinds of ordinary pion, would require Medicaid to pro- cans with Disabilities Act—ADA. Even activities are not ordinary if you are in vide individuals with significant dis- though their treatment professionals an institution and someone else dic- abilities the choice of receiving com- concluded that the two could receive tates every aspect of your life. munity-based services and supports,

VerDate Mar 15 2010 14:56 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR09\S23JN9.002 S23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 12 15897 rather than receiving care in an insti- individuals with disabilities is a serious and The Chair, on behalf of the Vice tution. These services and supports can pervasive form of discrimination; President, pursuant to 10 U.S.C. 4355(a), include assistance with activities of Whereas the ADA provides the guarantees appoints the Senators from Texas (Mrs. of equality of opportunity, economic self-suf- HUTCHISON), from the Committee on daily living, such as eating, toileting, ficiency, full participation, and independent grooming, dressing, and bathing, as living for individuals with disabilities; Appropriations, and the Senator from well as other health-related tasks. Whereas on June 22, 1999, the United States North Carolina (Mr. BURR), At Large, We know that, over the long term, Supreme Court in Olmstead v. L.C., 527 U.S. to the Board of Visitors of the U.S. providing home- and community-based 581 (1999), held that under the ADA, States Military Academy. services is likely to be less expensive must offer qualified individuals with disabil- The Chair, on behalf of the Vice than providing those same services in ities the choice to receive their long-term President, pursuant to 10 U.S.C. 9355(a), institutions, especially in the case of services and support in a community-based appoints the following Senators to the setting; adults with physical disabilities. Board of Visitors of the U.S. Air Force Whereas the Supreme Court further recog- Academy: the Senator from Utah (Mr. In 2007, 69 percent of Medicaid long- nized in Olmstead v. L.C. that ‘‘institutional term care spending for older people and placement of persons who can handle and BENNETT), from the Committee on Ap- adults with physical disabilities went benefit from community settings perpet- propriations, and the Senator from for institutional services. Only six uates unwarranted assumptions that persons Oklahoma (Mr. INHOFE), At Large. States spent 50 percent or more of their so isolated are incapable or unworthy of par- The Chair, on behalf of the Vice Medicaid long-term care dollars on ticipating in community life’’ and that ‘‘con- President, pursuant to 14 U.S.C. 194, as home- and community-based services finement in an institution severely dimin- amended by Public Law 101–595, and ishes the everyday life activities of individ- upon the recommendation of the Chair- for older people and adults with phys- uals, including family relations, social con- ical disabilities, while half of the man of the Committee on Commerce, tacts, work options, economic independence, Science and Transportation, appoints States spent less than 25 percent. This educational advancement, and cultural en- disparity continues even though, on av- richment.’’; the following Senators to the Board of erage, it is estimated that Medicaid Whereas June 22, 2009, marks the tenth an- Visitors of the U.S. Coast Guard Acad- dollars could support nearly three niversary of the Olmstead v. L.C. decision; emy: the Senator from Mississippi (Mr. older people and adults with physical Whereas, as a result of the Supreme Court WICKER), from the Committee on Com- disabilities in home- and community- decision in Olmstead v. L.C., many individ- merce, Science and Transportation and uals with disabilities have been able to live the Senator from Louisiana (Mr. VIT- based services for every person in a in home and community-based settings, nursing home. TER), At Large. rather than institutional settings, and to be- The Chair, on behalf of the Vice The majority of individuals who use come productive members of the community; President, pursuant to Title 46, Section Medicaid long-term services and sup- Whereas despite this success, community- 1295(b), of the U.S. Code, as amended by ports prefer to live in the community, based services and supports remain unavail- Public Law 101–595, and upon the rec- rather than in institutional settings. able for many individuals with significant ommendation of the Chairman of the Olmstead says they should have that disabilities; Committee on Commerce, Science and choice. Whereas eligible families of children with disabilities, working-age adults with disabil- Transportation, appoints the following I think of my nephew Kelly, who be- ities, and older individuals with disabilities Senators to the Board of Visitors of the came a paraplegic after an accident should be able to make a choice between en- U.S. Merchant Marine Academy: the while serving in U.S. Navy. The Vet- tering an institution or receiving long-term Senator from Georgia (Mr. ISAKSON), erans’ Administration pays for his per- services and supports in the most integrated from the Committee on Commerce, sonal care services. This allows Kelly setting appropriate to the individual’s needs; Science and Transportation, and the to get up in the morning, go to work, and Senator from South Carolina (Mr. GRA- operate his own small business, pay Whereas families of children with disabil- HAM), At Large. taxes, and be a fully contributing mem- ities, working-age adults with disabilities, and older individuals with disabilities should f ber of our economy and society. retain the greatest possible control over the The costs of the Community Choice services received and, therefore, their own ORDERS FOR WEDNESDAY, JUNE Act would be mostly offset by the bene- lives and futures, including quality services 24, 2009 fits of having people with disabilities that maximize independence in the home and Mr. BEGICH. Mr. President, I ask who are employed, paying taxes, and community: Now, therefore, be it unanimous consent that when the Sen- contributing to the economy. Resolved, That the Senate— ate completes its business today, it ad- (1) recognizes and honors the tenth anni- With appropriate community serv- journ until 9:55 a.m., Wednesday, June ices and supports, we can fulfill the versary of the Supreme Court decision in Olmstead v. L.C.; 24; that following the prayer and the promise of the Olmstead decision, and (2) salutes all people whose efforts have pledge, the Journal of proceedings be we can make good on the great goals of contributed to the expansion of home and approved to date, the morning hour be the ADA—equal opportunity, full par- community-based long-term services and deemed expired, the time for the two ticipation, independent living, and eco- supports for individuals with disabilities; leaders be reserved for their use later nomic self-sufficiency for all people and in the day, and the Senate proceed to with disabilities. (3) encourages all people of the United the impeachment proceeding under the Mr. BEGICH. I ask unanimous con- States to recognize the importance of ensur- previous order; that upon the conclu- sent the resolution be agreed to, the ing that home and community-based services are equally available to all qualified individ- sion of the impeachment proceedings, preamble be agreed to, the motions to uals with significant disabilities who choose the Senate proceed to executive ses- reconsider be laid on the table, with no to remain in their home and community. sion, with the time until 11 a.m. equal- intervening action or debate, and any f ly divided and controlled between the statements be printed in the RECORD. two leaders or their designees, and that The PRESIDING OFFICER. Without APPOINTMENTS at 11 a.m. the Senate proceed to vote objection, it is so ordered. The PRESIDING OFFICER. The on the motion to invoke cloture on the The resolution (S. Res. 201) was Chair, on behalf of the Vice President, nomination of Harold Koh to be Legal agreed to. pursuant to 10 U.S.C. 6968(a), appoints Adviser of the Department of State. The preamble was agreed to. the following Senators to the Board of The PRESIDING OFFICER. Without The resolution, with its preamble, Visitors of the U.S. Naval Academy: objection, it is so ordered. reads as follows: the Senator from Alaska (Ms. MUR- f S. RES. 201 KOWSKI), from the Committee on Ap- PROGRAM Whereas in the Americans with Disabilities propriations, and the Senator from Ari- Act of 1990 (42 U.S.C. 12101 et seq.) (referred zona (Mr. MCCAIN), designated by the Mr. BEGICH. Mr. President, under a to in this preamble as the ‘‘ADA’’), Congress Chairman of the Committee on Armed previous order, tomorrow at approxi- found that the isolation and segregation of Services. mately 10 a.m. the Senate will proceed

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The House met at 10:30 a.m. and was know as one of the most beautiful sce- Americans don’t have health care. called to order by the Speaker pro tem- nic roads in America. That is not true. pore (Ms. JACKSON-LEE of Texas). Today, Alleghany hosts the 6,000 acre First of all, the number of people who f Doughton Park named in his honor and are uninsured in this country is only known for its excellent wildlife view- 45.7 million: 91⁄2 million of them are il- DESIGNATION OF SPEAKER PRO ing. The Blue Ridge Parkway itself legal aliens; 12 million of them are eli- TEMPORE also cuts a scenic path through gible for public programs, but they The SPEAKER pro tempore laid be- Alleghany County, just a stone’s throw choose not to participate; 7.3 million fore the House the following commu- from the county seat, the town of Spar- have incomes of $84,000 a year and nication from the Speaker: ta. choose not to purchase insurance; and Alleghany County is a place of WASHINGTON, DC, those only temporarily uninsured, 9.1 June 23, 2009. unique beauty and character, right off million. That brings us to 7.8 million I hereby appoint the Honorable SHEILA the beaten path. From the pristine who are American citizens, lower in- JACKSON-LEE to act as Speaker pro tempore waters of the New River to the distinct come and long-term uninsured. on this day. sounds of its local Blue Grass musical We have to continue to correct the NANCY PELOSI, heritage, it is a one-of-a-kind place misleading numbers given on this floor Speaker of the House of Representatives. found only in the great State of North every day by our colleagues across the f Carolina. The people here are friendly aisle, and we are going to continue to and welcoming, good-natured and full do that. MORNING-HOUR DEBATE of common sense. I am proud to rep- f The SPEAKER pro tempore. Pursu- resent them in Congress and proud to ant to the order of the House of Janu- join them in celebrating the 105th anni- THE ECONOMIC CASE FOR HEALTH ary 6, 2009, the Chair will now recog- versary of this fine county. CARE REFORM nize Members from lists submitted by CONTROLLING RUNAWAY FEDERAL SPENDING The SPEAKER pro tempore. The the majority and minority leaders for Madam Speaker, I would also like to Chair recognizes the gentleman from morning-hour debate. speak briefly this morning about the Virginia (Mr. CONNOLLY) for 5 minutes. The Chair will alternate recognition runaway Federal spending that we are Mr. CONNOLLY of Virginia. Madam between the parties, with each party seeing occurring in this Congress. Speaker, I rise today to highlight the limited to 30 minutes and each Mem- Here are the facts on spending from economic need for health care reform. ber, other than the majority and mi- this year: Indeed, as my friend from North Caro- nority leaders and the minority whip, A $2 trillion deficit for FY 2009; lina just indicated, there are a lot of limited to 5 minutes. The second tranche of the TARP al- misleading statistics on health care. In f lowed to be spent, $350 billion; fact, we just heard a few from her. The stimulus package, H.R. 1, $787 We have heard a great deal about the CELEBRATING THE 150TH ANNI- billion, but over $1 trillion with debt human costs of failing to reform health VERSARY OF ALLEGHANY COUN- costs; care. Forty-six million Americans lack TY, NORTH CAROLINA The omnibus appropriations bill, $409 health care insurance. A child without The SPEAKER pro tempore. The billion. insurance, for example, is 5 times more Chair recognizes the gentlewoman from President Obama’s budget increased likely to die of appendicitis than a North Carolina (Ms. FOXX) for 5 min- total spending to $4 trillion in 2009, or child that has access to health care in- utes. 28 percent of GDP, the highest Federal surance. Ms. FOXX. Madam Speaker, I rise spending as a percentage of GDP since The loss of any life is truly incalcu- today to celebrate the 105th anniver- World War II. Federal spending is out lable. However, there are those who sary of Alleghany County, North Caro- of control. would rather avoid talking about that lina. Alleghany County was created by Republicans in the last week or so child. They prefer to discuss the dollars an act of the North Carolina legisla- have offered many, many amendments, and cents of health care. For those who ture in 1859. The county sits astride the most of which were designed to cut worry only about the cost of reform, I Appalachian Mountains and the North Federal spending. However, the Demo- would like to discuss the tremendous Carolina High Country and boasts some crats don’t want to hear those amend- economic cost of doing nothing. of the most beautiful mountain scenery ments. They say they would take too We know the cost of doing nothing. in North Carolina. much time. Apparently, the Democrats Without reform, small businesses will Since its creation in 1859, Alleghany can’t spend the people’s money fast pay $2.4 trillion in health care for their County has been called home by count- enough. employees over the next decade. Re- less hard-working North Carolinians, Republicans believe Congress has the forming the system and controlling from farmers to small business owners time to practice fiscal discipline. Re- costs could save those small businesses who know the value of a hard day’s publicans are going to stand up for the $800 billion by 2018 and save 168,000 work. American people and fight runaway jobs, unless we do nothing. One of Alleghany’s most notable na- Federal spending. Currently, 46 million Americans lack tive sons, Robert Doughton, served TRUE FACTS ON THE STATE OF HEALTH CARE IN health insurance. We know the eco- here in the House of Representatives AMERICA nomic costs of that. In 2008, Federal, for 42 years, from 1911 to 1953. Con- Madam Speaker, the other issue that State and local governments paid $442.9 gressman Doughton was chairman of needs to be addressed is the misleading billion to reimburse the uncompen- the House Ways and Means Committee comments made almost every day on sated costs for visits to health clinics for 18 of his 42 years in Congress. He this floor about the uninsured in this and hospitals by the uninsured. That also played a decisive role in creating country. We hear over and over and places a tax burden on every American the Blue Ridge Parkway, which we all over again a figure that 47 million of $627 a year, Madam Speaker. If we

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 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15900 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 continue doing nothing, the tax burden centage points a year will result in dra- forward and lead the House in the in inflation-adjusted dollars will nearly matic decreases in the Federal budget Pledge of Allegiance. triple by 2030. deficit. By 2030, Federal deficits would Mr. POE of Texas led the Pledge of As health insurance costs continue to be 3 percent of GDP smaller than it Allegiance as follows: rise, and they will, and as more Ameri- otherwise would have been, saving us I pledge allegiance to the Flag of the cans find themselves unable to afford hundreds of billions of dollars a year, United States of America, and to the Repub- insurance, and they will, those reim- something my friend from North Caro- lic for which it stands, one nation under God, bursement costs will, of course, sky- lina just indicated she was concerned indivisible, with liberty and justice for all. rocket. We know the cost of doing about. If we do nothing, we condemn f nothing, and we cannot afford that our future to rapidly increasing budget MESSAGE FROM THE SENATE cost. deficits and a dearth of funding avail- Americans have the most expensive able for other essential government A message from the Senate by Ms. health care system in the world. True, functions. Curtis, one of its clerks, announced the quality of care at the highest levels Madam Speaker, I support com- that the Senate has passed with an is second to none. However, the dra- prehensive health care reform. amendment in which the concurrence matically rising costs each year render f of the House is requested, a bill of the more and more people unable to access RECESS House of the following title: that quality care. H.R. 1777. An act to make technical correc- The SPEAKER pro tempore. Pursu- As chairman of Fairfax County, Vir- tions to the Higher Education Act of 1965, ant to clause 12(a) of rule I, the Chair ginia, Board of Supervisors, one the and for other purposes. declares the House in recess until noon primary concerns I heard from county today. f retirees was the rapidly rising cost of Accordingly (at 10 o’clock and 41 H.R. 2967 STOPS LOOPHOLE ABUSE health care. Senior citizens and those minutes a.m.), the House stood in re- (Mrs. KIRKPATRICK of Arizona on fixed incomes were especially con- cess until noon. cerned that the ever-growing premiums asked and was given permission to ad- were forcing them to choose between f dress the House for 1 minute.) health care and other necessities. Pri- b 1200 Mrs. KIRKPATRICK of Arizona. Mr. vate industry is also feeling that pinch. AFTER RECESS Speaker, I rise in support of H.R. 2967, Companies such as IBM have begun to a bill I introduced to save 324 jobs in The recess having expired, the House eliminate retiree health care benefits my district and save American tax- was called to order by the Speaker pro altogether, precisely because of rising payers billions of dollars. tempore ( Mr. CARNAHAN) at noon. health care costs. Kraft paper companies have abused a In 1960, health care costs in the f loophole in the alternative fuels mix- United States were 5 percent of our PRAYER ture tax credit to claim billions of dol- Gross Domestic Product. Today, they The Chaplain, the Reverend Daniel P. lars of subsidies with no benefit to the represent 18 percent, and if we do noth- Coughlin, offered the following prayer: taxpayer. Their gimmicks have not en- ing, the costs will rise to a staggering Lord, the summer solstice has al- couraged alternative fuel use, and they 34 percent of our entire GDP by 2040. ready passed. So quietly and relent- are actually costing us jobs in recycled Madam Speaker, our children will be lessly daylight grows shorter. The full paper mills which should be growing paying seven times more for health expression of family joy on a weekend our economy. care costs than we paid in 1960. That holiday or a brief summer vacation is These mills, like the Catalyst paper level of cost increase is unconscionable abruptly ended with the news of a mill in Snowflake, Arizona, cannot and unsustainable. Metro train crash. The bright light is compete against rivals who claim Fed- Workers currently receiving em- suddenly dimmed when the cloud of eral subsidies. Catalyst has been forced ployer-provided health insurance are fragile life passes by. to let go more than a quarter of its increasingly faced with two dev- Lord, we lift up in prayer all those workers, and is at risk of shutting astating scenarios; either the level of who died or were injured in yesterday’s down entirely. care they receive is reduced to counter tragedy here in Northeast Washington. This Congress has a duty to restore the costs, or their health care costs Be with their families, neighbors and fiscal responsibility and help keep rise each year, far outpacing their rise friends. folks at work. This bill will help save in wages. For many workers, they see As You restore confidence and peace jobs and eliminate waste. I urge my both in a double whammy of paying to the fragile systems of routine in our colleagues to give it their support. workaday world, Lord, we bless You more for less. This is evident in the f growth in the average employer-spon- and praise You for all of the good days sored health insurance family deduct- and the good times we try to hold onto THE SONS AND DAUGHTERS OF ible. In just 7 years year, Madam as best we can, because they carry us IRAN Speaker, from 1999 to 2006, the average through the times that are not so good. (Mr. POE of Texas asked and was Lord of the ages, it is You who hold deductible grew 50 percent. For firms given permission to address the House all together and oversee the seasons of with less than 50 employees, the de- for 1 minute.) everyone’s life, even as summer days ductible increased from roughly $1,300 Mr. POE of Texas. Mr. Speaker, the grow shorter. Both now and forever. in 1999 to over $2,000 in 2006. turmoil continues in Iran with the lit- Amen. Currently 43 percent of those smaller tle man from the desert, President firms offer their employees health care f Mahmud Ahmadinejad, claiming vic- coverage. As costs continue to rise, THE JOURNAL tory in the apparent fraudulent presi- this number will shrink and more The SPEAKER pro tempore. The dential elections. Americans will find themselves unin- Chair has examined the Journal of the Leave it to the students of Iran to sured and unable to afford affordable last day’s proceedings and announces continue to protest, in spite of the gov- options. If we can continue to do noth- to the House his approval thereof. ernment’s shooting of students and ing, government spending on health Pursuant to clause 1, rule I, the Jour- others who risk their lives for the care will suffer equally. Spending on nal stands approved. human right to peaceably assemble and freedom of speech. Medicare and Medicaid, currently 6 f percent of GDP, will rise if we do noth- Backed by the government-con- ing to 15 percent by 2040. PLEDGE OF ALLEGIANCE trolled press and the religious leaders, Studies have shown that slowing the The SPEAKER pro tempore. Will the Ahmadinejad is trying to quell the cost growth in health care by 1.5 per- gentleman from Texas (Mr. POE) come hundreds of thousands who say his

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15901 claim to the imperial throne of the emergency is to continue in effect be- November 30, 2009, for the payment of dis- presidency is a fraud. yond June 26, 2009. ability compensation and dependency and in- The sons of liberty and the daughters The crisis constituted by the actions demnity compensation under the provisions specified in subsection (b). of democracy in Iran who wish to exer- of persons engaged in, or assisting, (b) AMOUNTS TO BE INCREASED.—The dollar cise the right of free speech and free- sponsoring, or supporting (i) extremist amounts to be increased pursuant to sub- dom to assemble should resolve this violence in the Republic of Macedonia section (a) are the following: drama peaceably in order to ensure and elsewhere in the Western Balkans (1) WARTIME DISABILITY COMPENSATION.— their human rights. And I hope our region, or (ii) acts obstructing imple- Each of the dollar amounts under section American policy would be morally and mentation of the Dayton Accords in 1114 of title 38, United States Code. verbally supportive, as stated by Presi- Bosnia or United Nations Security (2) ADDITIONAL COMPENSATION FOR DEPEND- ENTS.—Each of the dollar amounts under sec- dent Kennedy years ago when he said, Council Resolution 1244 of June 10, 1999, tion 1115(1) of such title. ‘‘Let every Nation know, whether it in Kosovo, that led to the declaration (3) CLOTHING ALLOWANCE.—The dollar wishes us well or ill, that we will pay of a national emergency on June 26, amount under section 1162 of such title. any price, bear any burden, meet any 2001, in Executive Order 13219, and to (4) DEPENDENCY AND INDEMNITY COMPENSA- hardship, support any friend, oppose amendment of that order in Executive TION TO SURVIVING SPOUSE.—Each of the dol- any foe, in order to ensure the survival Order 13304 of May 28, 2003, has not lar amounts under subsections (a) through and the success of liberty.’’ been resolved. The acts of extremist vi- (d) of section 1311 of such title. (5) DEPENDENCY AND INDEMNITY COMPENSA- And that’s just the way it is. olence and obstructionist activity out- TION TO CHILDREN.—Each of the dollar f lined in Executive Order 13219, as amounts under sections 1313(a) and 1314 of amended, are hostile to U.S. interests COMMUNICATION FROM THE such title. and pose a continuing unusual and ex- (c) DETERMINATION OF INCREASE.— CLERK OF THE HOUSE traordinary threat to the national se- (1) PERCENTAGE.—Except as provided in The SPEAKER pro tempore laid be- curity and foreign policy of the United paragraph (2), each dollar amount described in subsection (b) shall be increased by the fore the House the following commu- States. For these reasons, I have deter- nication from the Clerk of the House of same percentage as the percentage by which mined that it is necessary to continue benefit amounts payable under title II of the Representatives: the national emergency declared with Social Security Act (42 U.S.C. 401 et seq.) are OFFICE OF THE CLERK, respect to the Western Balkans and increased effective December 1, 2009, as a re- HOUSE OF REPRESENTATIVES, maintain in force the sanctions to result of a determination under section 215(i) Washington, DC, June 22, 2009. spond to this threat. of such Act (42 U.S.C. 415(i)). Hon. NANCY PELOSI, BARACK OBAMA. (2) ROUNDING.—Each dollar amount in- The Speaker, The Capitol, House of Representa- creased under paragraph (1), if not a whole THE WHITE HOUSE, June 22, 2009. tives, Washington, DC. dollar amount, shall be rounded to the next DEAR MADAM SPEAKER: Pursuant to the f lower whole dollar amount. permission granted in Clause 2(h) of Rule II ANNOUNCEMENT BY THE SPEAKER (d) SPECIAL RULE.—The Secretary of Vet- erans Affairs may adjust administratively, of the Rules of the U.S. House of Representa- PRO TEMPORE tives, I have the honor to transmit a sealed consistent with the increases made under envelope received from the White House on The SPEAKER pro tempore. Pursu- subsection (a), the rates of disability com- Monday, June 22, 2009 at 5:29 p.m., and said ant to clause 8 of rule XX, the Chair pensation payable to persons under section to contain a message from the President will postpone further proceedings 10 of Public Law 85–857 (72 Stat. 1263) who whereby he submits a copy of a notice filed have not received compensation under chap- today on motions to suspend the rules ter 11 of title 38, United States Code. earlier with the Federal Register continuing on which a recorded vote or the yeas the emergency with respect to the Western (e) PUBLICATION OF ADJUSTED RATES.—The Balkans first declared in Executive Order and nays are ordered, or on which the Secretary of Veterans Affairs shall publish 13219 of June 26, 2001. vote incurs objection under clause 6 of in the Federal Register the amounts speci- With best wishes, I am rule XX. fied in subsection (b), as increased under subsection (a), not later than the date on which Sincerely, Record votes on postponed questions the matters specified in section 215(i)(2)(D) of LORRAINE C. MILLER, will be taken after 6:30 p.m. today. the Social Security Act (42 U.S.C. Clerk of the House. f 415(i)(2)(D)) are required to be published by f VETERANS’ COMPENSATION COST- reason of a determination made under sec- CONTINUATION OF THE NATIONAL tion 215(i) of such Act during fiscal year 2010. OF-LIVING ADJUSTMENT ACT OF SEC. 3. CODIFICATION OF 2008 COST-OF-LIVING EMERGENCY WITH RESPECT TO 2009 ADJUSTMENT IN RATES OF DIS- THE WESTERN BALKANS—MES- Mr. FILNER. Mr. Speaker, I move to ABILITY COMPENSATION AND DE- SAGE FROM THE PRESIDENT OF PENDENCY AND INDEMNITY COM- suspend the rules and pass the bill (S. THE UNITED STATES (H. DOC. PENSATION. 407) to increase, effective as of Decem- (a) VETERANS’ DISABILITY COMPENSATION.— NO. 111–51) ber 1, 2009, the rates of compensation Section 1114 of title 38, United States Code, The SPEAKER pro tempore laid be- for veterans with service-connected is amended— fore the House the following message disabilities and the rates of dependency (1) in subsection (a), by striking ‘‘$117’’ and inserting ‘‘$123’’; from the President of the United and indemnity compensation for the States; which was read and, together (2) in subsection (b), by striking ‘‘$230’’ and survivors of certain disabled veterans, inserting ‘‘$243’’; with the accompanying papers, referred and for other purposes. (3) in subsection (c), by striking ‘‘$356’’ and to the Committee on Foreign Affairs The Clerk read the title of the bill. inserting ‘‘$376’’; and ordered to be printed: The text of the bill is as follows: (4) in subsection (d), by striking ‘‘$512’’ and To the Congress of the United States: S. 407 inserting ‘‘$541’’; Section 202(d) of the National Emer- (5) in subsection (e), by striking ‘‘$728’’ and Be it enacted by the Senate and House of Rep- inserting ‘‘$770’’; gencies Act (50 U.S.C. 1622(d)) provides resentatives of the United States of America in (6) in subsection (f), by striking ‘‘$921’’ and for the automatic termination of a na- Congress assembled, inserting ‘‘$974’’; tional emergency unless, prior to the SECTION 1. SHORT TITLE. (7) in subsection (g), by striking ‘‘$1,161’’ anniversary date of its declaration, the This Act may be cited as the ‘‘Veterans’ and inserting ‘‘$1,228’’; President publishes in the Federal Reg- Compensation Cost-of-Living Adjustment (8) in subsection (h), by striking ‘‘$1,349’’ ister and transmits to the Congress a Act of 2009’’. and inserting ‘‘$1,427’’; notice stating that the emergency is to SEC. 2. INCREASE IN RATES OF DISABILITY COM- (9) in subsection (i), by striking ‘‘$1,517’’ continue in effect beyond the anniver- PENSATION AND DEPENDENCY AND and inserting ‘‘$1,604’’; INDEMNITY COMPENSATION. (10) in subsection (j), by striking ‘‘$2,527’’ sary date. In accordance with this pro- (a) RATE ADJUSTMENT.—Effective on De- and inserting ‘‘$2,673’’; vision, I have sent to the Federal Reg- cember 1, 2009, the Secretary of Veterans Af- (11) in subsection (k)— ister for publication the enclosed notice fairs shall increase, in accordance with sub- (A) by striking ‘‘$91’’ both places it appears stating that the Western Balkans section (c), the dollar amounts in effect on and inserting ‘‘$96’’; and

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15902 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 (B) by striking ‘‘$3,145’’ and ‘‘$4,412’’ and (e) DEPENDENCY AND INDEMNITY COMPENSA- measure, directs the Secretary of Vet- inserting ‘‘$3,327’’ and ‘‘$4,667’’, respectively; TION FOR CHILDREN.— erans’ Affairs to increase the rates of (12) in subsection (l), by striking ‘‘$3,145’’ (1) DIC WHEN NO SURVIVING SPOUSE.—Sec- basic compensation for disabled vet- and inserting ‘‘$3,327’’; tion 1313(a) of such title is amended— erans and the rates of dependency and (13) in subsection (m), by striking ‘‘$3,470’’ (A) in paragraph (1), by striking ‘‘$462’’ and and inserting ‘‘$3,671’’; inserting ‘‘$488’’; indemnity compensation, DIC, to their (14) in subsection (n), by striking ‘‘$3,948’’ (B) in paragraph (2), by striking ‘‘$663’’ and survivors and dependents along with and inserting ‘‘$4,176’’; inserting ‘‘$701’’; other benefits in order to keep pace (15) in subsections (o) and (p), by striking (C) in paragraph (3), by striking ‘‘$865’’ and with the rising cost of living. ‘‘$4,412’’ each place it appears and inserting inserting ‘‘$915’’; and This disability COLA would become ‘‘$4,667’’; (D) in paragraph (4), by striking ‘‘$865’’ and effective on December 1 of this year (16) in subsection (r), by striking ‘‘$1,893’’ ‘‘$165’’ and inserting ‘‘$915’’ and ‘‘$174’’, re- and will be equal to that provided on and ‘‘$2,820’’ and inserting ‘‘$2,002’’ and spectively. an annual basis to Social Security re- ‘‘$2,983’’, respectively; and (2) SUPPLEMENTAL DIC FOR CERTAIN CHIL- cipients. Last year, the COLA was set (17) in subsection (s), by striking ‘‘$2,829’’ DREN.—Section 1314 of such title is amend- and inserting ‘‘$2,993’’. ed— at 5.8 percent, an increase we all agree (b) ADDITIONAL COMPENSATION FOR DEPEND- (A) in subsection (a), by striking ‘‘$271’’ was direly needed, as the financial ENTS.—Section 1115(1) of such title is amend- and inserting ‘‘$286’’; crush of the recession closed in on ed— (B) in subsection (b), by striking ‘‘$462’’ many of our disabled veterans’ house- (1) in subparagraph (A), by striking ‘‘$142’’ and inserting ‘‘$488’’; and holds. and inserting ‘‘$150’’; (C) in subsection (c), by striking ‘‘$230’’ and While it is likely to be a lesser per- (2) in subparagraph (B), by striking ‘‘$245’’ inserting ‘‘$243’’. centage of an increase this year, the and ‘‘$71’’ and inserting ‘‘$259’’ and ‘‘$75’’, re- (f) DEPENDENCY AND INDEMNITY COMPENSA- spectively; TION PAYABLE TO PARENTS.—Section 1315 is measure will now move to the Presi- (3) in subparagraph (C), by striking ‘‘$96’’ amended— dent’s desk for his signature. Enact- and ‘‘$71’’ and inserting ‘‘$101’’ and ‘‘$75’’, re- (1) in subsection (b)— ment ensures that veterans get a spectively; (A) in paragraph (1), by striking ‘‘$163’’ and matching increase to the Social Secu- (4) in subparagraph (D), by striking ‘‘$114’’ inserting ‘‘$569’’; and rity COLA on that date. and inserting ‘‘$120’’; (B) in paragraph (3), by striking ‘‘$4,038’’ Mr. Speaker, this bill will benefit (5) in subparagraph (E), by striking ‘‘$271’’ and inserting ‘‘$13,456’’; each of the nearly 3 million disabled and inserting ‘‘$286’’; and (2) in subsection (c)— veterans and their survivors, whether (6) in subparagraph (F), by striking ‘‘$227’’ (A) in paragraph (1), by striking ‘‘$115’’ and and inserting ‘‘$240’’. inserting ‘‘$412’’; and they are from the World War I era (c) CLOTHING ALLOWANCE FOR CERTAIN DIS- (B) in paragraph (3), by striking ‘‘$4,038’’ through the current conflicts in Iraq ABLED VETERANS.—Section 1162 of such title and inserting ‘‘$13,456’’; and Afghanistan. is amended by striking ‘‘$677’’ and inserting (3) in subsection (d)— We would be derelict in our duty if ‘‘$716’’. (A) in paragraph (1), by striking ‘‘$109’’ and we failed to guarantee that those who (d) DEPENDENCY AND INDEMNITY COMPENSA- inserting ‘‘$387’’; and sacrificed so much for this country re- TION FOR SURVIVING SPOUSES.— (B) in paragraph (3), by striking ‘‘$5,430’’ (1) NEW LAW DIC.—Section 1311(a) of such ceive benefits and services that keep and inserting ‘‘$18,087’’; and pace with their needs. We fund the war; title is amended— (4) in subsection (g), by striking ‘‘$85’’ and (A) in paragraph (1), by striking ‘‘$1,091’’ inserting ‘‘$308’’. let’s make sure that we fund the war- and inserting ‘‘$1,154’’; and (g) EFFECTIVE DATE.—The amendments rior and his or her families and their (B) in paragraph (2), by striking ‘‘$233’’ and made by this section shall take effect on De- survivors. inserting ‘‘$246’’. cember 1, 2008. I urge my colleagues to support pas- (2) OLD LAW DIC.—The table in paragraph sage of the Veterans’ Compensation (3) of such section is amended to read as fol- The SPEAKER pro tempore. Pursu- lows: ant to the rule, the gentleman from Cost-of-Living Adjustment Act, S. 407, California (Mr. FILNER) and the gen- without delay. I reserve the balance of my time. Month- Month- tleman from Arkansas (Mr. BOOZMAN) ‘‘Pay grade ly rate Pay grade ly rate each will control 20 minutes. Mr. BOOZMAN. Mr. Speaker, I yield The Chair recognizes the gentleman myself such time as I may consume. E–1 ...... $1,154 W–4 ...... $1,380 from California. I agree with the chairman in the E–2 ...... $1,154 O–1 ...... $1,219 Mr. FILNER. Mr. Speaker, this is the sense that this is the perfect time of E–3 ...... $1,154 O–2 ...... $1,260 last week before the July 4 break, and the year to bring these bills forward. E–4 ...... $1,154 O–3 ...... $1,347 These are excellent bills that will help E–5 ...... $1,154 O–4 ...... $1,427 we have a series of bills to suitably E–6 ...... $1,154 O–5 ...... $1,571 commemorate July 4 with bills that our veterans, and I rise in strong sup- E–7 ...... $1,194 O–6 ...... $1,771 will really aid our veterans who have port of S. 407, the Veterans’ Compensa- E–8 ...... $1,260 O–7 ...... $1,912 made July 4 possible. tion Cost-of-Living Act of 2009. E–9 ...... 1 $1,314 O–8 ...... $2,100 I rise in support of the Veterans’ I would like to thank my House col- W–1 ...... $1,219 O–9 ...... $2,246 Compensation Cost-of-Living Adjust- leagues, Mr. HALL of New York, chair- W–2 ...... $1,267 O–10 ...... 2 $2,463 ment Act of 2009, S. 407, which is a man of the Disability Assistance and W–3 ...... $1,305 companion to the House bill, H.R. 1533, Memorial Affairs Subcommittee, and 1 If the veteran served as sergeant major of the which was introduced by one of our the gentleman from Colorado (Mr. Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of new members on the Committee on LAMBORN), the ranking Republican on the Marine Corps, or master chief petty officer of Veterans’ Affairs and sure to be one of the subcommittee, as well as the House the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s our body’s most productive members, bill’s sponsor, Mrs. KIRKPATRICK of Ari- rate shall be $1,419. Mrs. KIRKPATRICK of Arizona. I thank zona, for their leadership on H.R. 1533 2 If the veteran served as Chairman or Vice-Chair- man of the Joint Chiefs of Staff, Chief of Staff of the gentlelady for her leadership on which passed on March 30, 2009. the Army, Chief of Naval Operations, Chief of Staff this important bill. Mr. Speaker, S. 407 would increase ef- of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applica- The House leadership demonstrated fective as of December 1, 2009, the rates ble time designated by section 1302 of this title, the its commitment to our Nation’s vet- of compensation for veterans with serv- surviving spouse’s rate shall be $2,643.’’. erans, their families, and their sur- ice-connected disabilities and the rates (3) ADDITIONAL DIC FOR CHILDREN OR DIS- vivors by getting this bill to the floor, of dependency and indemnity com- ABILITY.—Section 1311 of such title is amend- after reporting from the Committee on pensation for the survivors of certain ed— Veterans’ Affairs, and by getting this disabled veterans. The COLA adjust- (A) in subsection (b), by striking ‘‘$271’’ and inserting ‘‘$286’’; companion bill, sponsored by Senator ment includes veterans’ disability com- (B) in subsection (c), by striking ‘‘$271’’ AKAKA, to the floor shortly after re- pensation, additional compensation for and inserting ‘‘$286’’; and ceipt in the House. dependents, clothing allowance depend- (C) in subsection (d), by striking ‘‘$128’’ As it has done every year since 1976, ency, and indemnity compensation to and inserting ‘‘$135’’. Congress, with the passage of this surviving spouses and children.

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Mr. Speaker, this is an important an- Again, I thank Senator DANIEL AKAKA and I thank the Speaker and also I thank nual authorization which provides his Veterans Committee for this legislation and my distinguished colleague from Ar- much-needed assistance to our Nation’s strongly urge my colleagues for their full sup- kansas, Congressman BOOZMAN, for in- veterans, and I encourage all of my col- port. troducing this bill, H.R. 1172, and for leagues to support the bill. Mr. FILNER. I urge my colleagues to his bipartisan leadership working as b 1215 unanimously support S. 407. the ranking member of the Sub- I yield back the balance of my time. committee on Economic Opportunity Again, Mr. Speaker, I would like to The SPEAKER pro tempore. The with Chair STEPHANIE HERSETH SAND- thank the Subcommittee on Disability question is on the motion offered by LIN of South Dakota. That committee Assistance and Memorial Affairs Chair- the gentleman from California (Mr. is, I think, a model of bipartisan co- man John Hall and Ranking Member FILNER) that the House suspend the operation and we thank the gentleman Doug Lamborn on these issues. I would rules and pass the bill, S. 407. from Arkansas for his efforts in that also like to thank Committee Chair- The question was taken. regard. man Bob Filner and Ranking Member The SPEAKER pro tempore. In the As many veterans service organiza- Steve Buyer for moving this bill for- opinion of the Chair, two-thirds being ward for consideration. tions have testified to our committee, in the affirmative, the ayes have it. the lack of program awareness con- I urge my colleagues to support S. 407 Mr. BOOZMAN. Mr. Speaker, on that tinues to be a major barrier preventing and yield back the balance of my time. I demand the yeas and nays. veterans from accessing the benefits GENERAL LEAVE The yeas and nays were ordered. Mr. FILNER. Mr. Speaker, I ask The SPEAKER pro tempore. Pursu- they have earned. The same is also true unanimous consent that all Members ant to clause 8 of rule XX and the for non-VA related education assist- may have 5 legislative days in which to Chair’s prior announcement, further ance such as grants and scholarships. revise and extend their remarks and in- proceedings on this motion will be This legislation provides a common- clude extraneous material on S. 407. postponed. sense solution to provide useful scholarship information to our Nation’s vet- The SPEAKER pro tempore. Is there f objection to the request of the gen- erans and their dependents. Providing tleman from California? WEB SITE INCLUSION OF VA a list of all available scholarships on There was no objection. SCHOLARSHIPS the VA Web site will allow veteran ad- Mr. FALEOMAVAEGA. Mr. Speaker, I rise Mr. FILNER. Mr. Speaker, I move to vocates to reach a larger population today in strong support of S. 407; with all suspend the rules and pass the bill and simplify the search for veterans good intended purpose, this bill will increase (H.R. 1172) to direct the Secretary of and their families. the rates of compensation for veterans with Veterans Affairs to include on the I am confident our Internet savvy service-connected disabilities and rates of de- Internet website of the Department of veterans will come to rely on this tool pendency indemnity compensation, DIC, for Veterans Affairs a list of organizations to obtain up-to-date information on the survivors of certain disabled veterans. It that provide scholarships to veterans how to supplement their education will also increase of the Cost of Living Allow- and their survivors, as amended. benefits administered by the VA. Again ance, COLA. At this time, I would like to thank The Clerk read the title of the bill. I thank Congressman BOOZMAN for in- my good friend Senator DANIEL AKAKA, Chair- The text of the bill is as follows: troducing this bill. I urge all my col- man of the Senate Veterans Affairs Committee H.R. 1172 leagues to join us. and majority ranking members for introducing Be it enacted by the Senate and House of Rep- I reserve the balance of my time. this bill as well as the Committee Minority resentatives of the United States of America in Mr. BOOZMAN. Mr. Speaker, I rise in Member Senator RICHARD BURR who is the Congress assembled, support of H.R. 1172, as amended, a bill original cosponsor, so are Committee Mem- SECTION 1. PAT TILLMAN VETERANS’ SCHOLAR- to direct the Secretary of Veterans Af- SHIP INITIATIVE. bers JOHN D. ROCKEFELLER IV, PATTY MUR- fairs to include on the Internet Web RAY, BERNARD SANDERS, SHERROD BROWN, JIM (a) AVAILABILITY OF SCHOLARSHIP INFORMA- TION.—By not later than June 1, 2010, the Sec- site of the Department of Veterans Af- WEBB, JON TESTER, MARK BEGICH, ROLAND retary of Veterans Affairs shall include on the fairs a list of organizations that pro- BURRIS, ARLEN SPECTER, JOHNNY ISAKSON, Internet website of the Department of Veterans vide scholarships to veterans and their ROGER F. WICKER, MIKE JOHANNS, LINDSEY Affairs— survivors. GRAHAM, Senators FRANK R. LAUTENBERG, (1) a list of organizations that provide schol- Mr. Speaker, the goal of this bill, BLANCHE LINCOLN, and OLYMPIA J. SNOWE. arships to veterans and their survivors and, for H.R. 1172, is to provide a place on the Mr. Speaker, this very important legislation each such organization, a link to the Internet VA Web site that lists as many sources could not have come at a time then it is most website of the organization; of scholarships for veterans as reason- critical to address the needs of service-con- (2) a statement that the information described in paragraph (1) is not an all-inclusive list of ably possible. nected disabled veterans and survivors during scholarships available to veterans and their sur- these challenging economic times in our coun- Beginning with the World War II GI vivors; and Bill, the Department of Veterans Af- try. The testimonies offered by Bradley G. (3) a statement that the Secretary has not Mayes, Director, Compensation and Pension verified the information available on the Inter- fairs has administered education pro- Service, Veterans Benefits Administration, De- net websites of the organizations referred to grams designed to provide a wide range partment of Veteran Affairs, etc., in the April paragraph (1) and that the Secretary does not of education and training opportunities 29, 2009 Committee hearing have further sub- endorse any offer made by any sponsor of any to veterans. Over the years, that mis- stantiated this measure and all voted in favor such the website. sion expanded to include veterans, de- (b) MAINTENANCE OF SCHOLARSHIP INFORMA- without dissent. pendents, and survivors. TION.—The Secretary of Veterans Affairs shall Since World War II, the number of This measure will also mandate an increase make reasonable efforts to notify schools and in the Cost of Living Allowance, COLA, for our other appropriate entities of the opportunity to degree-granting institutions and nondisabled veterans and survivors. be included on the Internet website of the De- degree-training schools has signifi- Mr. Speaker, it is very important that we partment of Veterans Affairs pursuant to sub- cantly increased. According to the U.S. take care of our veterans. According to VA, as section (a). Department of Education, there are set forth in its fiscal year 2010 budget, the de- The SPEAKER pro tempore. Pursu- about 4,314 degree-granting institu- partment will provide disability compensation ant to the rule, the gentleman from tions and about 2,222 nondegree-train- to 3,154,217 veterans with service-connected California (Mr. FILNER) and the gen- ing entities that qualify for title IV disabilities in fiscal year 2010. I am pleased tleman from Arkansas (Mr. BOOZMAN) education assistance programs. with the undivided attention we give to this each will control 20 minutes. Each of these may also offer non-Fed- legislation which underscores how much we The Chair recognizes the gentleman eral financial aid directly or indirectly appreciate our veterans’ selfless military serv- from California. to veterans through association with ice to protect our country and the freedom and Mr. FILNER. Mr. Speaker, I yield organizations such as foundations, but liberty we enjoy. myself such time as I may consume. it is the very expansion of these

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In an ef- rapidly increasing cost of education bipartisan support of this bill, which fort to increase information accessibility, this and training, and the sources of poten- the full committee passed on June 10. bill would create a convenient section within tial financial assistance for veterans, As Mr. BOOZMAN discussed, this legis- the Veterans Affairs Department website for there is a need for a centralized source lation directs the Secretary of the VA veterans and/or their survivors to view all of financial assistance where a veteran to include a list of organizations that available veteran scholarship opportunities can find links to at least some of the provide scholarships to veterans and that various public and private organizations aid available. For example, an Internet their survivors on its official Web site. sponsor throughout the year. I commend Rep. search for ‘‘veterans scholarships’’ This list will help increase the edu- JOHN BOOZMAN for bringing this measure be- yielded 8,570 sources of information. cational opportunities available to vet- fore the floor. Mr. Speaker, I believe that the VA erans and their survivors by providing My veteran constituents frequently contact should also include sources of financial an easy-to-find portal to this informa- me with reports on the many administrative assistance for dependents and survivors tion. failures and shortcomings of the Department if providers of such financial aid notify A key part of the VA’s responsibility of Veterans Affairs. Slow processes and back- VA about the availability of such as- to our veterans is properly managing logs have become the expectation rather than sistance. and providing the educational benefits an exception in the level of service our vet- During the legislative hearing on our veterans have earned through their erans receive. This is unfortunate as we send H.R. 1172, VA expressed some concerns service. Legislation such as H.R. 1172 these brave men and women to armed con- about the bill. In response to their con- helps fulfill this responsibility and will flict, and yet, we cannot provide them with the cerns, in cooperation with Chairwoman give veterans and their survivors easier necessary tools and resources to become re- HERSETH SANDLIN of the Subcommittee access to college scholarships for which oriented with society. This bill provides one of Economic Opportunity, the com- they are eligible. solution to a relatively simple problem. I have mittee amended the bill to better de- As Chair of the Economic Oppor- no doubt, however, that many veterans and fine the bill’s objectives and to include tunity Subcommittee, I am extremely their families will appreciate this information, appropriate limitations on VA’s role in pleased to work with Ranking Member especially in light of the economic recession. providing scholarship information to BOOZMAN in a bipartisan manner to im- Mr. Speaker, I am pleased to add my voice veterans. I appreciate the opportunity prove educational benefits for vet- of support for H.R. 1172. I look forward to to work in bipartisan cooperation in erans. We have held a series of impor- working with my colleagues to ensure that we making these changes. The substitute tant hearings on the post-9/11 GI bill, states that VA shall make reasonable continue to provide the necessary resources as well as other educational assistance towards improving our Department of Veterans efforts to notify schools and appro- programs, such as the Vocational Re- priate entities, such as foundations, of Affairs’ administration and services. habilitation and Education Service. I Mr. FILNER. Mr. Speaker, I urge my the opportunity to be linked by the VA appreciate Mr. BOOZMAN’s efforts and Web site as a provider of scholarships colleagues to support H.R. 1172, and I cooperation on this important over- yield back the balance of my time. for veterans. sight, and I am pleased to support his The bill, as amended, also requires The SPEAKER pro tempore. The bill today. VA to include statements on its Web question is on the motion offered by I urge all of my colleagues to support site noting that VA does not endorse or the gentleman from California (Mr. this legislation. guarantee any assistance offered by an FILNER) that the House suspend the Mr. BOOZMAN. Mr. Speaker, I would entity included on the Web site, nor rules and pass the bill, H.R. 1172, as like to again extend my thanks to the should the individual consider the list amended. Subcommittee on Economic Oppor- to be all inclusive. The question was taken. Finally, the amended bill sets an ef- tunity chairwoman, STEPHANIE The SPEAKER pro tempore. In the fective date of June 1, 2010, to enable HERSETH SANDLIN, for her assistance on opinion of the Chair, two-thirds being VA to concentrate on getting the new this bill, and also for her leadership in in the affirmative, the ayes have it. post-9/11 GI Bill up and running, which so many ways. STEPHANIE has done a Mr. BOOZMAN. Mr. Speaker, on that is so important before adding to their tremendous job. I demand the yeas and nays. workload. I believe this bill’s provi- Again, I would also like to thank the The yeas and nays were ordered. sions will help veterans identify schol- full committee chairman, BOB FILNER, The SPEAKER pro tempore. Pursu- arships intended for their use. the ranking member, STEVE BUYER, ant to clause 8 of rule XX and the I urge my colleagues to support the and the committee staff on both sides Chair’s prior announcement, further bill. that have worked very hard on this. proceedings on this motion will be Mr. Speaker, I reserve the balance of Mr. Speaker, I ask all of my col- postponed. my time. leagues to support H.R. 1172, as amend- Mr. FILNER. I would like to recog- ed, and urge its immediate passage. f nize the gentlelady from South Dakota With that, having no further speak- VETERANS HEALTH CARE BUDGET (Ms. HERSETH SANDLIN) for as much ers, I yield back the balance of my REFORM AND TRANSPARENCY time as she may consume, but I also time. ACT OF 2009 want to thank her for her incredible GENERAL LEAVE leadership as Chair of the Sub- Mr. FILNER. Mr. Speaker, I ask Mr. FILNER. Mr. Speaker, I move to committee on Economic Opportunity. unanimous consent that all Members suspend the rules and pass the bill Lots of bills have come forward from may have 5 legislative days in which to (H.R. 1016) to amend title 38, United this committee and will continue to do revise and extend their remarks and in- States Code, to provide advance appro- so, and we thank her for her leadership. clude extraneous material on H.R. 1172, priations authority for certain medical Ms. HERSETH SANDLIN. I thank as amended. care accounts of the Department of the gentleman, the distinguished chair- The SPEAKER pro tempore. Is there Veterans Affairs, and for other pur- man of the Veterans’ Affairs Com- objection to the request of the gen- poses, as amended. mittee, for yielding and for his kind tleman from California? The Clerk read the title of the bill. words in support of the work of the There was no objection. The text of the bill is as follows: Subcommittee on Economic Oppor- Ms. WATERS. Mr. Speaker, I rise in support H.R. 1016 tunity. of H.R. 1172—to direct the Secretary of Vet- Be it enacted by the Senate and House of Rep- I rise today in strong support of H.R. erans Affairs to include on the Internet website resentatives of the United States of America in 1172, as amended. I would like to thank of the Department of Veterans Affairs a list of Congress assembled,

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 6333 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15905 SECTION 1. SHORT TITLE. troller General shall conduct a study of the ade- During the last two decades, the VA This Act may be cited as the ‘‘Veterans Health quacy and accuracy of the budget projections budget has been in place at the start of Care Budget Reform and Transparency Act of made by the Enrollee Health Care Projection the fiscal year barely four times. We 2009’’. Model (in this section referred to as the all know that this delay in providing SEC. 2. SENSE OF CONGRESS. ‘‘Model’’), its equivalent, or other methodologies vital funding puts the provision of utilized for the purpose of estimating and pro- It is the sense of Congress that the provision health care to veterans at a risk and of health care services to veterans could be more jecting health care expenditures of the Depart- effectively and efficiently planned and managed ment of Veterans Affairs with respect to the fis- hampers the VA’s ability to plan its if funding was provided for the management cal year involved and the subsequent four fiscal health care expenditures, hire needed and provision of such services in the form of ad- years. health care professionals, and plan vance appropriations. (b) REPORTS.— needed construction. (1) IN GENERAL.—Not later than the date of SEC. 3. PRESIDENTS’ BUDGET SUBMISSIONS. In an unprecedented step, nine vet- each year in 2011, 2012, and 2013, on which the Section 1105(a) of title 31, United States Code, erans groups formed the Partnership President submits the budget request for the is amended by adding at the end the following for Veterans Health Care Budget Re- next fiscal year under section 1105 of title 31, new paragraph: United States Code, the Comptroller General form. These groups, including The ‘‘(36) information on estimates of appropria- shall submit to the appropriate committees of American Legion, AMVETS, Blinded tions for the fiscal year following the fiscal year Congress and to the Secretary of Veterans Af- Veterans Association, Disabled Amer- for which the budget is submitted for the fol- fairs a report. ican Veterans, Jewish War Veterans, lowing accounts of the Department of Veterans (2) ELEMENTS.—Each report under this para- Military Order of the Purple Heart, Affairs: graph shall include, for the fiscal year con- ‘‘(A) Medical Services. Paralyzed Veterans of America, Vet- cerning the year for which the budget is sub- ‘‘(B) Medical Support and Compliance. erans of Foreign Wars, and the Viet- mitted, the following: nam Veterans of America, formed to ‘‘(C) Medical Facilities. (A) A statement whether the amount re- ‘‘(D) Information Technology Systems. quested in the budget of the President for ex- advocate for a VA health care budget ‘‘(E) Medical and Prosthetic Research.’’. penditures of the Department for health care in that is sufficient, timely, and predict- SEC. 4. ADVANCE APPROPRIATIONS FOR CERTAIN such fiscal year is consistent with anticipated able. ACCOUNTS OF THE DEPARTMENT OF These groups put forward the idea VETERANS AFFAIRS. expenditures of the Department for health care in such fiscal year as determined utilizing the that resources for VA health care (a) ADVANCE APPROPRIATIONS FOR CERTAIN Model. should be provided through advanced ACCOUNTS.— (B) The basis for such statement. appropriations so that when the fiscal (1) IN GENERAL.—Chapter 1 of title 38, United (C) Such additional information as the Comp- States Code, is amended by inserting after sec- year starts on October 1, the VA will troller General determines appropriate. know what its budget is a year in ad- tion 116 the following new section: (3) AVAILABILITY TO THE PUBLIC.—Each report ‘‘§ 117. Advance appropriations for certain ac- submitted under this subsection shall be made vance. That is what will happen when counts available to the public by the Comptroller Gen- H.R. 1016 passes. It will ensure the VA ‘‘(a) IN GENERAL.—For each fiscal year, be- eral. can best plan and utilize taxpayer dol- ginning with fiscal year 2011, discretionary new (4) APPROPRIATE COMMITTEES OF CONGRESS lars to provide veterans with the budget authority provided in an appropriations DEFINED.—In this subsection, the term ‘‘appro- health care they have earned and de- Act for the appropriations accounts of the De- priate committees of Congress’’ means— served. It provides the framework with partment specified in subsection (c) shall— (A) the Committees on Veterans’ Affairs, Ap- which we can realize advanced appro- propriations, and the Budget of the Senate; and ‘‘(1) be made available for that fiscal year; priations for VA medical care ac- and (B) the Committees on Veterans’ Affairs, Ap- propriations, and the Budget of the House of counts. ‘‘(2) include, for each such appropriations ac- As part of the annual budget submis- count, advance discretionary new budget au- Representatives. thority that first becomes available for the first SEC. 6. REPORT TO CONGRESS. sion, the President will be required to fiscal year after the budget year. Not later than 90 days after the date of the submit a request for certain VA ac- ‘‘(b) ESTIMATES REQUIRED.—The Secretary enactment of this Act, the Secretary of Veterans counts for the fiscal year following the shall include in documents submitted to Con- Affairs, shall submit to the Committees on Vet- fiscal year for which the budget is sub- gress in support of the President’s budget sub- erans’ Affairs, Appropriations, and the Budget mitted. As part of the administration’s mitted pursuant to section 1105 of title 31, of the Senate and House of Representatives a re- FY 2011 budget, the President will in- United States Code, detailed estimates of the port on the requirements of this Act and the clude budget estimates for VA medical amendments made by this Act. Such report shall funds necessary for the accounts of the Depart- care, information technology, and med- ment specified in subsection (c) for the fiscal include— (1) the Secretary’s plans for improving the ca- ical and prosthetic research accounts year following the fiscal year for which the for FY 2012. The VA will be required to budget is submitted. pability of the Department of Veterans Affairs ‘‘(c) ACCOUNTS SPECIFIED.—The accounts to better and more accurately estimate future provide detailed estimates in the budg- specified in this subsection are the following ac- health care costs and demands; and et documents it submits annually to counts of the Department of Veterans Affairs: (2) a description of impediments, statutory or Congress. ‘‘(1) Medical Services. otherwise, to providing future year estimates Each July, the VA will be required to ‘‘(2) Medical Support and Compliance. and advance appropriations for the Medical report to Congress if it has the re- ‘‘(3) Medical Facilities. Services, Medical Support and Compliance, sources it needs for the upcoming fiscal Medical Facilities, Information Technology Sys- ‘‘(4) Information Technology Systems. year in order for the Congress to ad- ‘‘(5) Medical and Prosthetic Research. tems, and Medical and Prosthetic Research accounts of the Department. dress any funding imbalances. This will ‘‘(d) ANNUAL REPORT.—Not later than July 31 help to safeguard against the VA facing of each year, the Secretary shall submit to Con- The SPEAKER pro tempore. Pursu- budget shortfalls such as it did just a gress an annual report on the sufficiency of the ant to the rule, the gentleman from few years ago. Department’s resources for the next fiscal year California (Mr. FILNER) and the gen- beginning after the date of the submittal of the H.R. 1016 provides the framework for tleman from Arkansas (Mr. BOOZMAN) advanced appropriations, and we look report for the provision of medical care. Such re- each will control 20 minutes. port shall also include estimates of the workload to our colleagues on the Appropria- The Chair recognizes the gentleman and demand data for that fiscal year.’’. tions Committee to provide the dollars. (2) CLERICAL AMENDMENT.—The table of sec- from California. I want to express our thanks to our col- Mr. FILNER. Mr. Speaker, I yield tions at the beginning of such chapter is amend- league, CHET EDWARDS, who chairs the ed by inserting after the item relating to section myself such time as I may consume. Military Construction/VA Sub- Mr. Speaker, this is undoubtedly one 116 the following new item: committee, for providing advanced of the most significant bills that this ‘‘117. Advance appropriations for certain ac- funding for the VA medical care ac- Congress will pass in this or any other counts.’’. counts for 2011, providing for an 8 per- SEC. 5. COMPTROLLER GENERAL STUDY ON ADE- session. The Veterans Health Care cent increase for fiscal year 2011 above QUACY AND ACCURACY OF BASELINE Budget Reform and Transparency Act the historic fiscal year 2010 levels. MODEL PROJECTIONS OF THE DE- was introduced in February, and this PARTMENT OF VETERANS AFFAIRS b 1230 FOR HEALTH CARE EXPENDITURES. bipartisan measure is a response to (a) STUDY OF ADEQUACY AND ACCURACY OF years of chronic underfunding of the I want to thank also Chairman OBEY BASE LINE MODEL PROJECTIONS.—The Comp- VA medical care system. for supporting advanced appropriations

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and Chairman SPRATT of the Budget Transparency Act of 2009, which was in- that we will finally be able to make ad- Committee for including advanced ap- troduced under the leadership of the vanced appropriations of the VA’s propriations language in his budget chairman of the Committee on Vet- health budget a reality. resolution. erans’ Affairs, Mr. FILNER. I want to I simply do not believe that it is All of us, working together, have suc- thank Mr. FILNER and the Sub- right that we have lapsed in our care ceeded in providing veterans with their committee on Health Care chairman, for our veterans when they have never top legislative priority. They spoke Mr. MICHAUD, for their great leadership lapsed in the defense of our country. I and we listened. I ask the rest of the on this issue. do not think that it’s right that out of House to join us in support of this bill, The Veterans Affairs health care sys- the last 22 budgets that we have passed H.R. 1016, which passed unanimously tem includes 153 medical centers with a for the VA, 19 of them have been late. from the Veterans’ Affairs Committee facility in each State, Puerto Rico, and Our veterans served their country and last week. the District of Columbia. Almost 5.5 provided us with the security that we Mr. Speaker, I reserve the balance of million people received care in the VA often take for granted, and we owe my time. health care facilities in 2008, and VA’s them quality health care. Mr. BOOZMAN. Mr. Speaker, I yield outpatient clinics registered over 60 Without a predictable and on-time myself such time as I may consume. million visits. This is one of the largest funding source, it is difficult or impos- Mr. Speaker, I rise in strong support health care providers in the country. sible for the VA to provide our vet- of H.R. 1016, as amended, a bill that However, in fiscal year 2009, for only erans with the high level of health care would authorize appropriations for sev- the third time in the past 20 years, VA and services that they deserve. That is eral veterans health care accounts a received its budget prior to the start of why I led 50 Members of Congress to de- year in advance beginning with fiscal the new fiscal year. It isn’t reasonable mand a provision allowing for advanced year 2011. I also thank Chairman FIL- to expect that one of the largest, fast- appropriations in the fiscal year 2010 NER for bringing this bill forward and est-growing health care providers in budget, and we were fortunate enough trying to solve a problem that we’ve the country can operate in the most ef- to convince the budget conference com- had in the past. ficient and effective manner if they mittee to support it. The goal of the bill is to provide an don’t know what their budgets will be. As a result of allowing for advanced increased level of fiscal certainty re- The current budget process continues appropriation in the budget, tomorrow garding operations of the VA hospital to hamper and threaten VA health care the Appropriations Committee will system. By funding the accounts for delivery. When VA does not receive its hold a hearing on the Military Con- medical services, medical support and funding in a timely manner, it is forced struction and VA spending bill that compliance, medical facilities, infor- to ration its care. So much-needed contains $48.2 billion in advanced ap- mation technology systems, and med- medical staff cannot be hired, equip- propriations for the VA for fiscal year ical and prosthetic research, the De- ment cannot be procured, waiting 2011. This represents a 15 percent in- partment of Veterans Affairs should be times increase, and the quality of care crease over fiscal year 2009 levels and a able to manage its health care per- suffers. step in the right direction for veterans sonnel needs in day-to-day operations. H.R. 1016 will solve many of these health care. I would note that the last three ac- problems and fund the VA 1 year in ad- Many people have compared ad- counts that I mentioned were included vance. It will allow the VA to spend vanced appropriations to a family in the bill by an amendment offered by money more efficiently while at the budget. A family needs to know how the ranking member, Mr. BUYER, and same time providing better and more much their income is before they know adopted by the full committee. Adding comprehensive care for our veterans. what they can spend. I think that these accounts has improved the bill by H.R. 1016 will make sure that the VA about sums up why we need this bill. I providing more complete medical fund- has the resources that it needs in a think it’s about common sense and ing needs. timely manner so that it can provide being responsible. As a businessman, I Advanced funding alone will not quality care without having to ques- never tried to make a purchase without solve the VA’s ability to provide qual- tion what funds will be available next knowing what my budget was going to ity medical care. Without accurate pre- month. be. I had to plan ahead and have a road dictive data, advanced appropriations I am here today in an attempt to map for all of the company’s finances. will not necessarily provide the right serve our veterans’ best interest and to Because the VA is a direct provider of amount of funding the VA needs to op- fight to make sure they receive the services, they need to have the same erate its health care system. Therefore, best care possible. To that end, I stand ability to plan ahead. It’s about deliv- the bill also contains provisions that in favor of H.R. 1016 and strongly urge ering a quality product. require a combination of reports and my colleagues to vote ‘‘yes.’’ I urge my colleagues to take this analysis to determine the quality of I thank the chairman for yielding. giant step in improving the VA’s abil- the data VA will be using in its finan- Mr. BOOZMAN. Mr. Speaker, I con- ity to deliver quality health care serv- cial model to determine funding needs. tinue to reserve the balance of my ices to our Nation’s veterans. Mr. Speaker, this bill, while not a time. Mr. BOOZMAN. Mr. Speaker, I con- perfect solution, is a very reasonable Mr. FILNER. Mr. Speaker, I would tinue to reserve the balance of my way to allow the advanced funding con- yield 3 minutes to another new Member time. cept to be tested in practice, and I urge from New Mexico (Mr. TEAGUE). He’s Mr. FILNER. Mr. Speaker, Mr. HARE all of my colleagues to support H.R. also on a committee that has half of of Illinois came to us as the successor 1016, as amended. our committee’s new members. They of a legendary member of our com- Mr. Speaker, I reserve the balance of have added a real element of dyna- mittee, Mr. Lane Evans, who worked so my time. mism. We thank Mr. TEAGUE for his hard for veterans during his whole ca- Mr. FILNER. Mr. Speaker, I would commitment to veterans also. reer, and our thoughts are with him as like to yield 5 minutes to the gentle- Mr. TEAGUE. Mr. Speaker, I rise he faces his disease. Mr. HARE was on woman from Illinois (Mrs. HALVORSON). today in support of H.R. 1016, the Vet- our committee. He had to go off this She is a new member of our committee erans Health Care Budget Reform and year, but we miss him greatly, and he’s and of this Congress, but she has added Transparency Act of 2009. I would like one of the strongest leaders for vet- a dynamic element to our delibera- to thank the distinguished gentleman erans in our Nation. I yield to him such tions, and we thank her for her com- from California, BOB FILNER, for intro- time as he may consume. mitment to veterans. ducing this bill. I’m happy to be a co- Mr. HARE. Mr. Speaker, I rise in Mrs. HALVORSON. Mr. Speaker, I sponsor of this legislation. It is strong support of H.R. 1016, the Vet- rise in support of H.R. 1016, the Vet- through his leadership, as chairman of erans Health Care Budget Reform and erans Health Care Budget Reform and the Committee on Veterans’ Affairs, Transparency Act of 2009, and let me

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15907 thank Chairman BOB FILNER for intro- revise and extend their remarks and in- to obtain budgetary information from VA be- ducing this important legislation. clude extraneous material on H.R. 1016, fore the department makes its fiscal year In the 110th Congress, we gave the as amended. budget request. GAO questioned whether it VA its largest funding increase in 77 The SPEAKER pro tempore (Mr. could conduct the required studies before the years, and we did it on time. But, KLEIN of Florida). Is there objection to President’s budget request is submitted to sadly, punctual VA funding has not al- the request of the gentleman from Congress. GAO cited significant challenges in ways been the case. The VA received California? obtaining, evaluating, reporting on the relevant it’s annual funding for health care pro- There was no objection. budgetary and technical information. grams late in the last 19 of 22 years. Mr. FILNER. Mr. Speaker, I think as GAO indicated that its role in the process This record of tardiness is deplorable. we approach the July 4 holiday, this is would be inadvisable because executive agen- With the ongoing wars in Iraq and Af- an appropriate way to say thank you to cies have consistently resisted releasing de- ghanistan, the time to fix this broken our Nation’s veterans. As I said earlier, tailed information about the President’s budget system is now. Late funding is more this is one of the most significant prior to its submission to Congress. than a missed deadline. It is a veteran steps, if not a revolutionary step, Again, VA’s official views on this issue are with posttraumatic stress disorder who taken for veterans in the budgeting currently unknown, and this issue should have cannot access a treatment he or she process. This will assure that one of been addressed before H.R. 1016, as amend- needs. It is an injured hero who must the largest health systems in the ed, was reported to the House. wait for a prosthetic. It is a VA in dis- world, if not the largest, will have, in There is nothing before us to indicate that array at a time when our wounded war- fact, funding available on time and in the administration is agreeable to this arrange- riors are counting now more than ever the need that is required for our Na- ment. on the department’s services. That’s tion’s veterans. The failure to follow regular order and the why in the last Congress, I introduced So I urge my colleagues to unani- unnecessary haste with which this legislation the Assured Funding for Veterans mously support this bill, H.R. 1016, as is being advanced results in the House being Health Care Act. This bill would have amended. asked to pass obviously flawed legislation, replaced the annual appropriated dis- Mr. BUYER. Mr. Speaker, I rise in opposi- and I urge my colleagues to oppose H.R. cretionary funding for veterans health tion to H.R. 1016, as amended, a bill to 1016, as amended. care with permanent direct spending amend title 38, United States Code, to provide Mr. MICHAUD. Mr. Speaker, I rise in strong authority. advance appropriations authority for certain support of the Veterans Health Care Budget Like the bill I introduced, advanced medical care accounts of the Department of Reform and Transparency Act of 2009. appropriations is the means to that Veterans Affairs, VA, and for other purposes. I am here today as an original co-sponsor of end. That end is ensuring veterans re- In my view, it is premature for the House of this legislation. I would like to express my ap- ceive the best possible care from a VA Representatives to consider this legislation. preciation for all of the Chairman’s hard work that has access to timely, sufficient, The bill was not considered by the Sub- on it. and predictable resources. The legisla- committee on Health, to which it was referred, This bill accomplishes a simple, but a cru- tion that we’re considering today will nor was there a full Committee legislative cial goal we all share: To provide timely fund- do just that. It will allow the VA to ef- hearing, so the Administration has not pro- ing for veterans health care. fectively budget and manage its health vided its official analysis. I represent a district in a state of 1.3 million care programs and services, meaning it On April 29, 2009, we did hold a full Com- people. Out of that number, I am proud that can hire the appropriate number of mittee oversight hearing on the future funding over 155,000 veterans call Maine home. Maine is a state that works hard to honor its doctors, nurses, clinicians, and support of VHA. At this hearing, concerns were raised veterans. staff to meet the demand for high-qual- about not including the ‘‘Information Tech- The talented and dedicated professionals at ity care for our veterans. Anything less nology Systems’’ and the ‘‘Medical and Pros- Maine’s Togus VA Medical Center do terrific is unacceptable. thetic Research Accounts’’ in an advance ap- work. So do our community based outpatient I’d also like to acknowledge and com- propriations bill. clinics and all of VA’s partners. mend Chairman DAVID OBEY and Chair- The Secretary of Veterans Affairs, the Hon- But too often in recent history, VA’s ability to man EDWARDS for their strong orable Eric K. Shinseki, testified that informa- provide the best possible care has been ham- proactive leadership in putting in an tion technology is very much integrated into strung by the appropriations process. advanced appropriation for VA health the medical care activities and should be in- In some cases, VA has not been funded care in the fiscal year 2010 Military cluded so that VA is not hindered in its ability until after the beginning of the fiscal year. Construction and Veterans Affairs Ap- to provide health care services and operate As a result, maintenance of facilities, cost propriations bill. new facilities. saving investments in technology, and ulti- I enthusiastically support H.R. 1016, Additionally, the Congressional Research mately care for veterans was delayed or put in and I once again want to thank Chair- Service, CRS, testified that funding information jeopardy. man FILNER for drafting a bill that technology under a separate, annual appro- This cannot be allowed to occur when we would ensure the VA has sufficient, priation could create a situation where VA are dealing with the health care of our vet- timely, and predictable funding. would not be able to purchase computer soft- erans. Mr. Speaker, I urge all of my col- ware even though it had procured medical There must be a timely, sufficient, and pre- leagues to support this legislation. equipment that is reliant on such software. dictable funding stream. And that is exactly Mr. BOOZMAN. Mr. Speaker, again I CRS noted potential difficulty for VA in pro- what this legislation is designed to achieve. would ask that my colleagues vote for curing the necessary IT infrastructure for the Passage of this legislation today is a huge this bill. I appreciate Mr. FILNER’s hard opening of new clinics, as well as difficulties step forward and will help make sure all vet- work on the bill. I think it’s a great that could arise in VA research due to a mis- erans have access to the best possible health step in the right direction. And then match between accounts. care. also I would like to thank Ranking I was pleased that during the Committee I urge all of my colleagues to support this Member BUYER for offering a good markup, my amendment was adopted to in- bill. amendment that I think helped the bill clude the IT, and medical and prosthetic re- Mr. AL GREEN of Texas. Mr. Speaker, I also. search accounts to address these issues. rise in strong support of H.R. 1016, the Vet- So with that I urge adoption of the However, the Government Accountability Of- erans Health Care Budget Reform and Trans- bill. fice, GAO, also expressed reservations about parency Act. Mr. Speaker, I yield back the balance its possible role in an advance appropriations The men and women who have served our of my time. proposal. In a written response of June 17, nation in combat deserve to be provided with GENERAL LEAVE 2009, to one of my hearing questions, GAO the very best that we have to offer. One part Mr. FILNER. Mr. Speaker, I ask made a strong statement which leads me to of achieving that is getting these men and unanimous consent that all Members believe that section 5 of the amended bill is women the best health care that they can pos- may have 5 legislative days in which to not workable. This section would require GAO sibly have. In turn, it is critically important that

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 9920 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15908 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 the Veterans’ Administration (VA) have assur- ing to effectively address the medical needs of The question was taken. ances regarding their funding in a timely man- our nation’s veterans. The SPEAKER pro tempore. In the ner so that the VA can deliver health care in As a vocal advocate for veterans’ rights, I opinion of the Chair, two-thirds being an efficient and timely manner. am pleased to add my voice of support for in the affirmative, the ayes have it. This important legislation authorizes Con- H.R. 1016. I look forward to working with my Mr. THOMPSON of Pennsylvania. gress to approve VA medical care appropria- colleagues to ensure that we continue to pro- Mr. Speaker, while I support the pur- tions one year in advance of the start of each vide the necessary resources towards improv- pose of this bill, I object to the vote on fiscal year. While we still have much further to ing our Department of Veterans Affairs’ health the ground that a quorum is not go in terms of making sure that every hero re- care programs and administrative services. present and make the point of order turning home has all the care that they need, Ms. JACKSON-LEE of Texas. Mr. Speaker. that a quorum is not present. this bill will at least ensure that the VA will be I rise today in strong support of H.R. 1016, The SPEAKER pro tempore. Pursu- able to plan ahead of time and get the most ‘‘Veterans Health Care Budget Reform and ant to clause 8 of rule XX and the out of each health care dollar that they are al- Transparency Act of 2009.’’ I would like to Chair’s prior announcement, further located. Furthermore, because many VA thank my colleague, Congressman BOB FIL- proceedings on this motion will be budget cycles have, in recent years, started NER, for introducing this bill, and providing postponed. on continuing resolutions, some decisions may leadership on this important issue. The point of no quorum is considered have been made on the basis rather than on Today I will defer to Thomas Jefferson who withdrawn. the basis of the most effective treatment. We so auspiciously stated, ‘‘The care of human f life and happiness and not their destruction is cannot jeopardize the health of our nation’s b 1245 finest because of what amounts to nothing the first and only legitimate object of good more than a bureaucratic difficulty. government.’’ We must call attention as both WOMEN VETERANS HEALTH CARE I was proud to work with a number of col- the House and Senate discuss health care re- IMPROVEMENT ACT leagues to include a similar VA advanced ap- form. Today, in the midst of two wars and an Mr. FILNER. Mr. Speaker, I move to propriations provision in this year’s congres- economic crisis, I know in this 111th Congress suspend the rules and pass the bill sional budget resolution, S. Con. Res. 13. and with the 44th President of the United (H.R. 1211) to amend title 38, United Nevertheless, there is no reason why our vet- States, our government is now in the position States Code, to expand and improve erans should need to count on Congress tak- of necessity where we must work to ensure health care services available to ing action every single year to keep this sen- comprehensive health care reform to all citi- women veterans, especially those serv- sible policy in place. For this reason, it is im- zens. ing in Operation Enduring Freedom The Veterans Health Care Budget Reform perative that we pass the Veterans Health and Operation Iraqi Freedom, from the and Transparency Act of 2009 will ensure that Care Budget Reform and Transparency Act. Department of Veterans Affairs, and one community who gave the ultimate meas- I am proud to be a co-sponsor of this impor- for other purposes, as amended. ure for their country will have a quality health tant bill. I thank my good friend, the Chairman The Clerk read the title of the bill. care system. I urge members of Congress to of the Veterans’ Affairs Committee, Congress- The text of the bill is as follows: put away the partisan bickering and come to- man FILNER for introducing it and I encourage H.R. 1211 gether to support those who have given their all of my colleagues to vote in support. Be it enacted by the Senate and House of Rep- lives for the country they love. There should Ms. WATERS. Mr. Speaker, I rise in support resentatives of the United States of America in be no reason why our veterans should not re- of H.R. 1016—To amend title 38, United Congress assembled, ceive the adequate health care they deserve. States Code, to provide advance appropria- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. For 19 out of the past 22 fiscal years, ap- (a) SHORT TITLE.—This Act may be cited as tions authority for certain medical care ac- propriated funds for medical care were not counts of the Department of Veterans Affairs. the ‘‘Women Veterans Health Care Improve- provided to the Department of Veterans Affairs ment Act’’. This bill would ensure sufficient, timely, and before the commencement of its new fiscal (b) TABLE OF CONTENTS.—The table of con- predictable veterans funding so that the De- year, causing the Department great challenges tents of this Act is as follows: partment of Veterans Affairs would have the in planning and managing care for enrolled Sec. 1. Short title; table of contents. federal funding to better serve veterans’ med- veterans. Appropriation levels for health care TITLE I—STUDIES AND ASSESSMENTS ical needs and improve health care services. programs in the Department have too often OF DEPARTMENT OF VETERANS AF- This is a very timely and important measure proven insufficient over the past decade, re- FAIRS HEALTH SERVICES FOR WOMEN as many of our troops today are returning quiring the Secretary of Veterans Affairs to ra- VETERANS home in need of accessible and adequate tion health care and Congress to approve sup- Sec. 101. Study of barriers for women vet- health care services. Therefore I strongly com- plemental appropriations. Medical technology erans to health care from the mend my colleague BOB FILNER for bringing Department of Veterans Af- available on the battlefields and in U.S. med- fairs. this measure before the floor. ical facilities are saving the lives of a high per- This bill would authorize Congress to pro- Sec. 102. Comprehensive assessment of wom- centage of severely wounded soldiers, but en’s health care programs of vide investments in the Department of Vet- they then often face long-term recovery and the Department of Veterans Af- erans Affairs medical care one year in ad- rehabilitation challenges. fairs. vance so the department can have sufficient By providing sufficient, timely and predict- TITLE II—IMPROVEMENT AND EXPAN- time to plan how to deliver the best care to an able funding we would ensure that we meet SION OF HEALTH CARE PROGRAMS OF increasing number of veterans with increas- the vital obligation to provide health care to all THE DEPARTMENT OF VETERANS AF- ingly complex medical conditions. veterans. Congress must take action in ensur- FAIRS FOR WOMEN VETERANS My military constituents often turn to me for ing our veterans who return home sick, in- Sec. 201. Medical care for newborn children support in confronting the many challenges jured, or even healthy will receive the quality of women veterans receiving they face when working with the Department health care they deserve. As Congress begins maternity care. of Veterans Affairs. We have come to under- Sec. 202. Training and certification for men- to swiftly act in an unprecedented time, I urge tal health care providers of the stand, that many of the challenges in efficient my colleagues to put away partisan bickering Department of Veterans Affairs health care services are attributable to the De- and act as a single non-partisan government on care for veterans suffering partment of Veterans Affairs’ inadequate fund- to ensure our citizens’ happiness in a quality from sexual trauma and post- ing. For most of the past two decades, the ap- health care system. traumatic stress disorder. propriated funds for medical care have not Mr. FILNER. Mr. Speaker, I yield Sec. 203. Pilot program for provision of child been provided to the Department of Veterans back the balance of my time. care assistance to certain vet- Affairs in a timely manner. This has resulted in The SPEAKER pro tempore. The erans receiving certain types of the department’s problems in planning and question is on the motion offered by health care services at Depart- ment facilities. managing care for enrolled veterans. Accord- the gentleman from California (Mr. Sec. 204. Addition of recently separated ingly, this bill addresses this budgetary prob- FILNER) that the House suspend the women and minority veterans lem and allows for advance appropriations to rules and pass the bill, H.R. 1016, as to serve on advisory commit- ensure the department has the Federal back- amended. tees.

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TITLE I—STUDIES AND ASSESSMENTS OF (2) SPECIFIED DIVISIONS OF THE DEPART- obstruct the receipt of any of such services DEPARTMENT OF VETERANS AFFAIRS MENT.—The divisions of the Department of at any such site. HEALTH SERVICES FOR WOMEN VET- Veterans Affairs specified in this paragraph (c) AUTHORITY TO ENTER INTO A CON- ERANS are— TRACT.—The Secretary of Veterans Affairs SEC. 101. STUDY OF BARRIERS FOR WOMEN VET- (A) the Center for Women Veterans, estab- shall enter into a contract with a qualified ERANS TO HEALTH CARE FROM THE lished under section 318 of title 38, United independent entity or organization to carry DEPARTMENT OF VETERANS AF- States Code; and out the studies and research required under FAIRS. (B) the Advisory Committee on Women this section. (a) STUDY REQUIRED.—The Secretary of Veterans, established under section 542 of (d) DEVELOPMENT OF PLAN TO IMPROVE Veterans Affairs shall conduct a comprehen- title 38, United States Code. SERVICES.— sive study of the barriers to the provision of (e) REPORTS.— (1) PLAN REQUIRED.—After conducting the comprehensive health care by the Depart- (1) REPORT ON IMPLEMENTATION.—Not later comprehensive assessment required by sub- ment of Veterans Affairs encountered by than 6 months after the date on which the section (a), the Secretary of Veterans Affairs women who are veterans. In conducting the Department of Veterans Affairs publishes a shall develop a plan to improve the provision study, the Secretary shall— final report on the study entitled ‘‘National of health care services to women veterans (1) survey women veterans who seek or re- Survey of Women Veterans in Fiscal Year and to project the future health care needs, ceive hospital care or medical services pro- 2007–2008’’, the Secretary of Veterans Affairs including the mental health care needs of vided by the Department of Veterans Affairs shall submit to Congress a report on the sta- women serving in the combat theaters of Op- as well as women veterans who do not seek tus of the implementation of the section. eration Enduring Freedom and Operation or receive such care or services; (2) REPORT ON STUDY.—Not later than 30 Iraqi Freedom. (2) build on the work of the study of the months after the date on which the Depart- (2) LIST OF SERVICES.—In developing the Department of Veterans Affairs entitled ment publishes such final report, the Sec- plan under this subsection, the Secretary of ‘‘National Survey of Women Veterans in Fis- retary of Veterans Affairs shall submit to Veterans Affairs shall list the types of serv- cal Year 2007–2008’’; Congress a report on the study required ices available for women veterans at each (3) administer the survey to a representa- under this section. The report shall include medical center of the Department. tive sample of women veterans from each recommendations for such administrative (e) REPORT.—Not later than one year after Veterans Integrated Service Network; and and legislative action as the Secretary of the date of the enactment of this Act, the (4) ensure that the sample of women vet- Veterans Affairs determines to be appro- Secretary of Veterans Affairs shall submit to erans surveyed is of sufficient size for the priate. The report shall also include the find- Congress a report on the assessment con- study results to be statistically significant ings of the head of each specified division of ducted pursuant to subsection (a) and the and is a larger sample than that of the study the Department and of the Under Secretary plan required under subsection (d). The re- of the Department of Veterans Affairs enti- for Health. port shall include recommendations for such tled ‘‘National Survey of Women Veterans in (f) DEFINITION OF FACILITY OF THE DEPART- administrative and legislative action as the Fiscal Year 2007–2008’’. MENT.—In this section the term ‘‘facility of Secretary of Veterans Affairs determines to (b) ELEMENTS OF STUDY.—In conducting the Department’’ has the meaning given that be appropriate. term in section 1701(3) of title 38, United the study required by subsection (a), the Sec- (f) GAO REPORT.—Not later than 6 months States Code. retary of Veterans Affairs shall conduct re- after the date on which the Secretary of Vet- search on the effects of the following on the (g) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to the erans Affairs submits the report required women veterans surveyed in the study: under subsection (e), the Comptroller Gen- (1) The perceived stigma associated with Secretary of Veterans Affairs $4,000,000 to carry out this section. eral shall submit to Congress a report con- seeking mental health care services. taining the findings of the Comptroller Gen- (2) The effect of driving distance or avail- SEC. 102. COMPREHENSIVE ASSESSMENT OF WOMEN’S HEALTH CARE PROGRAMS eral with respect to the report of the Sec- ability of other forms of transportation to OF THE DEPARTMENT OF VETERANS retary, which may include such rec- the nearest medical facility on access to AFFAIRS. ommendations for administrative or legisla- care. (a) IN GENERAL.—The Secretary of Vet- tive actions as the Comptroller General de- (3) The availability of child care. erans Affairs shall conduct a comprehensive termines to be appropriate. (4) The acceptability of integrated primary assessment of all health care services and (g) AUTHORIZATION OF APPROPRIATIONS.— care, women’s health clinics, or both. programs provided by the Department of There is authorized to be appropriated to the (5) The comprehension of eligibility re- Veterans Affairs for the health care needs of Secretary of Veterans Affairs $5,000,000 to quirements for, and the scope of services women veterans. Such comprehensive assess- carry out this section. available under, hospital care and medical ment shall include assessments of specialized TITLE II—IMPROVEMENT AND EXPANSION services. programs for women with post-traumatic OF HEALTH CARE PROGRAMS OF THE (6) The perception of the personal safety stress disorder, for women who are homeless, DEPARTMENT OF VETERANS AFFAIRS and comfort of women veterans in inpatient, for women who require care for substance FOR WOMEN VETERANS outpatient, and behavioral health facilities abuse or mental illnesses, and for women of the Department. who require obstetric and gynecologic care. SEC. 201. MEDICAL CARE FOR NEWBORN CHIL- (7) The gender sensitivity of health care (b) SPECIFIC MATTERS STUDIED.— DREN OF WOMEN VETERANS RE- CEIVING MATERNITY CARE providers and staff to issues that particu- (1) IDENTIFICATION OF PROGRAMS.—For each larly affect women. medical facility of the Department of Vet- (a) NEWBORN CARE.—Subchapter VIII of (8) The effectiveness of outreach for health erans Affairs, the Secretary of Veterans Af- chapter 17 of title 38, United States Code, is care services available to women veterans. fairs shall identify each of the following amended by adding at the end the following (9) The location and operating hours of types of programs for women veterans pro- new section: health care facilities that provide services to vided by the Department and determine ‘‘§ 1786. Hospital care and medical services for new- women veterans. whether effective health care services, in- born children of women veterans re- (10) Such other significant barriers as the cluding evidenced-based health care services, ceiving maternity care Secretary of Veterans Affairs may identify. are readily available to and easily accessed ‘‘In the case of a child of a woman veteran (c) AUTHORITY TO ENTER INTO CONTRACTS.— by women veterans: who is receiving hospital care or medical The Secretary of Veterans Affairs shall enter (A) Health promotion programs, including services at a Department facility (or in an- into a contract with a qualified independent reproductive health promotion programs. other facility pursuant to a contract entered entity or organization to carry out the stud- (B) Disease prevention programs. into by the Secretary) relating to the birth ies and research required under this section. (C) Health care programs. of that child, the Secretary may furnish hos- (d) MANDATORY REVIEW OF DATA BY CER- (2) IDENTIFICATION OF RELEVANT ISSUES.—In pital care and medical services to that child TAIN DIVISIONS WITHIN THE DEPARTMENT.— making such determination, the Secretary of at that facility during the 7-day period be- (1) IN GENERAL.—The Secretary of Veterans Veterans Affairs shall identify, for each med- ginning on the date of the birth of the Affairs shall ensure that the head of each di- ical facility of the Department of Veterans child.’’. vision of the Department of Veterans Affairs Affairs— (b) CLERICAL AMENDMENT.—The table of specified in paragraph (2) reviews the results (A) the frequency with which such services sections at the beginning of chapter 17 of of the study conducted under this section. are available and provided, such title is amended by inserting after the The head of each such division shall submit (B) the demographics of the women vet- item relating to section 1785 the following findings with respect to the study to the erans population, new item: Under Secretary for Health and to other per- (C) the sites where such services are avail- ‘‘1786. Hospital care and medical services for tinent program offices within the Depart- able and provided, and newborn children of women vet- ment of Veterans Affairs with duties relating (D) whether, and to what extent, waiting erans receiving maternity to health care services for women veterans. lists, geographic distance, and other factors care.’’.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0655 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15910 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 SEC. 202. TRAINING AND CERTIFICATION FOR (D) the arrangement of after-school care. committee on Economic Opportunity, MENTAL HEALTH CARE PROVIDERS (3) PERIOD OF TIME.—Child care assistance Ms. HERSETH SANDLIN, as the person OF THE DEPARTMENT OF VETERANS under the pilot program may only be pro- who introduced the bill and we thank AFFAIRS ON CARE FOR VETERANS vided for the period of time that the quali- SUFFERING FROM SEXUAL TRAUMA her for her steadfast commitment to fied veteran— AND POST-TRAUMATIC STRESS DIS- helping women veterans. ORDER. (A) receives a health care service referred to in paragraph (4) at a facility of the De- Mr. Speaker, we had a roundtable at Section 1720D of title 38, United States our full committee, where we had rep- Code, is amended— partment; and (1) by redesignating subsection (d) as sub- (B) requires to travel to and return from resentatives and women veterans from section (f); and such facility for the receipt of such health all around the country. It was searing (2) by inserting after subsection (c) the fol- care service. testimony which revealed serious lowing new subsections: (4) QUALIFIED VETERAN DEFINED.—In this weaknesses in the culture of the VA. ‘‘(d) The Secretary shall carry out a pro- section, the term ‘‘qualified veteran’’ means The VA health care system, after all, gram to provide graduate medical education, a veteran who is the primary caretaker of a was built to accommodate the war-re- training, certification, and continuing med- child and who is receiving from the Depart- ment of Veterans Affairs one or more of the lated illnesses and injuries of male vet- ical education for mental health profes- following health care services: erans. The increased percentage of fe- sionals who provide counseling, care, and (A) Regular mental health care services. male veterans that has been occurring, services under subsection (a). In carrying out (B) Intensive mental health care services. especially with the war in Iraq and Af- such program, the Secretary shall ensure (C) Any other intensive health care serv- that all such mental health professionals ghanistan, has led many women vet- ices for which the Secretary determines that have been trained in a consistent manner erans to say that we need some the provision of child care would improve ac- and that such training includes principles of changes in the culture of the VA. cess by qualified veterans. evidence-based treatment and care for sexual Women walk through the lobbies of VA (5) LOCATION OF PILOT PROGRAM.—The Sec- trauma and post-traumatic stress disorder. retary shall carry out the pilot program at hospitals and are given catcalls. There ‘‘(e) The Secretary shall submit to Con- no fewer than three Veterans Integrated are not sufficient women doctors avail- gress an annual report on the counseling, Service Networks. able for the women who want them. care, and services provided to veterans pur- (b) AUTHORIZATION OF APPROPRIATIONS.— The male doctors don’t yet seem to suant to this section. Each report shall in- There is authorized to be appropriated to the have the respect for the sacrifice of clude data for the year covered by the report Secretary of Veterans Affairs $1,500,000 for with respect to each of the following: women veterans. each of fiscal years 2010 and 2011 to carry out There was one woman who testified ‘‘(1) The number of mental health profes- the pilot program under this section. sionals, graduate medical education train- (c) REPORT.—Not later than six months who had an amputation of one arm ees, and primary care providers who have after the completion of the pilot program, from combat. When she showed up at been certified under the program required by the Secretary shall submit to Congress a re- the doctor’s office, he just assumed subsection (d) and the amount and nature of port on the pilot program and shall include that it was lost from something else continuing medical education provided under recommendations for the continuation or ex- like cancer. He didn’t even think that such program to such professionals, trainees, pansion of the pilot program. this could be a combat-related injury. and providers who are so certified. SEC. 204. ADDITION OF RECENTLY SEPARATED And we can go on and on, but we need ‘‘(2) The number of women veterans who WOMEN AND MINORITY VETERANS received counseling and care and services TO SERVE ON ADVISORY COMMIT- to change the culture and change the under subsection (a) from professionals and TEES. resources and change behavior, and providers who received training under sub- (a) ADVISORY COMMITTEE ON WOMEN VET- that’s what this bill by Ms. HERSETH section (d). ERANS.—Subsection (a)(2)(A) of section 542 of SANDLIN starts to do. ‘‘(3) The number of graduate medical edu- title 38, United States Code, is amended— There are about 1.8 million women cation, training, certification, and con- (1) by striking ‘‘and’’ at the end of clause veterans today, or 7 percent of the tinuing medical education courses provided (ii); nearly 24 million veterans that we (2) by striking the period at the end of by reason of subsection (d). serve. Assuming that the current en- ‘‘(4) The number of trained full-time equiv- clause (iii) and inserting ‘‘; and’’; and (3) by inserting after clause (iii) the fol- rollments remain the same, the num- alent employees required in each facility of ber of female veterans who use the VA the Department to meet the needs of vet- lowing new clause: erans requiring treatment and care for sex- ‘‘(iv) women who are recently separated system will double in the next 5 years, ual trauma and post-traumatic stress dis- veterans.’’. making female veterans one of the (b) ADVISORY COMMITTEE ON MINORITY VET- order. fastest growing subgroups of veterans. ERANS.—Subsection (a)(2)(A) of section 544 of ‘‘(5) Any recommended improvements for In this environment of organizational title 38, United States Code, is amended— treating women veterans with sexual trauma (1) by striking ‘‘and’’ at the end of clause transformation and changing demo- and post-traumatic stress disorder. (iii); graphics, H.R. 1211 has the potential to ‘‘(6) Such other information as the Sec- (2) by striking the period at the end of lay the foundation for improved health retary determines to be appropriate.’’. clause (iv) and inserting ‘‘; and’’; and care services for our women veterans. SEC. 203. PILOT PROGRAM FOR PROVISION OF (3) by inserting after clause (iv) the fol- I urge my colleagues to support the CHILD CARE ASSISTANCE TO CER- lowing new clause: TAIN VETERANS RECEIVING CER- legislation. TAIN TYPES OF HEALTH CARE SERV- ‘‘(v) recently separated veterans who are I reserve the balance of my time. ICES AT DEPARTMENT FACILITIES. minority group members.’’. Mr. BOOZMAN. Mr. Speaker, I yield (c) EFFECTIVE DATE.—The amendments (a) IN GENERAL.— myself such time as I may consume. made by this section shall first apply to ap- (1) PILOT PROGRAM REQUIRED.—Not later Mr. Speaker, I rise in support of H.R. pointments made on or after the date of the than six months after the date of the enact- enactment of this Act. 1211, as amended, a bill to amend title ment of this Act, the Secretary of Veterans 38, United States Code, to expand and The CHAIR. Pursuant to the rule, the Affairs shall carry out a two-year pilot pro- improve health care services available gentleman from California (Mr. FIL- gram under which, subject to paragraph (2), to women veterans from the Depart- the Secretary shall provide child care assist- NER) and the gentleman from Arkansas ment of Veterans Affairs and for other ance to a qualified veteran child care needed (Mr. BOOZMAN) each will control 20 by the veteran during the period of time de- minutes. purposes. scribed in paragraph (3). The Chair recognizes the gentleman I appreciate the hard work of the (2) FORM OF CHILD CARE ASSISTANCE.—Child from California. gentlelady from South Dakota (Ms. care assistance under this section may in- Mr. FILNER. Mr. Speaker, I yield HERSETH SANDLIN) on this bill and in clude— myself such time as I might consume. bringing it forward. Throughout his- (A) stipends for the payment of child care Mr. Speaker, this bill is a critical tory, women have played a vital role in offered by licensed child care centers (either piece of legislation which expands and supporting our national defense. Cur- directly or through a voucher program); rently women make up 8 percent, about (B) the development of partnerships with improves health care services available private agencies; for women veterans through the De- 8 percent of the total veteran popu- (C) collaboration with facilities or pro- partment of Veterans Affairs. lation, and VA estimates that by 2020, grams of other Federal departments or agen- The bill will be explained in greater women veterans will comprise about 10 cies; and detail by the chairwoman of the Sub- percent of the veteran population.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15911 Women are the fastest-growing seg- very important issue. He had men- care services, and the availability of ment of the veteran population, and tioned the roundtable that the full child care. it’s essential to make sure that VA is committee hosted, his brainchild to The second study is a comprehensive providing specialized programs and bring all of the women who represent assessment of the VA’s women’s health services to meet their unique physical different veterans service organiza- program, with the task of developing a and mental health needs. tions and women veterans themselves strategy to improve services at every I want to thank again my good friend to speak to their experiences and to VA medical center. The bill also works and colleague, the gentlelady from better inform and educate committee to enhance the VA’s sexual trauma and South Dakota, for introducing this leg- members about the extraordinary cir- post-traumatic stress disorder pro- islation, and I am pleased to have cumstances that they have faced time grams for women by requiring the sec- joined with her as an original cospon- and time again as they have sought retary of the VA to ensure that all sor for H.R. 1211. care in VA medical centers. mental health professionals have been This legislation would expand and So I was extremely pleased to intro- properly and consistently trained to improve benefits and services for our duce this important legislation on Feb- help women veterans. female veterans, especially our newest ruary 26, 2009, proud of the bipartisan Female veterans who have suffered generation of women veterans serving support the legislation has garnered. such attacks have already suffered in Iraq and Afghanistan. The VA would And the roundtable discussion hosted enough. They need to know before they be required to conduct independent by Chairman FILNER illustrated even begin treatment that every VA mental studies to look at the barriers women further how imperative the passage of health professional is prepared to help veterans face in obtaining VA health this bill is for our women veterans. them, understands the best methods care, assist the services currently Before I discuss the bill in greater de- and practices, and can make them feel being provided, and develop a plan to tail and the needs of women veterans, I secure in seeking treatment. better meet their needs. would also like to take this oppor- Child care concerns also have In the past 5 years, there has been a tunity to thank the Disabled American emerged as a crucial issue for women 30 percent increase in the number of Veterans for their continued leadership veterans seeking care. Sometimes vet- women veterans of child-bearing age and the effort to address the needs of erans without access to appropriate enrolling in the VA health care system. female veterans and their support for child care are forced to forego impor- H.R. 1211, as amended, would aid this this important legislation. tant health care appointments. population by authorizing VA to pro- I also want to thank Cathy Wiblemo H.R. 1211 begins to address this issue vide care to newborns of women vet- and the rest of her team for the great by authorizing a child care pilot pro- erans receiving maternity care through work that they have done on the health gram for patients and requires the VA VA. Additionally, the bill would estab- subcommittee. Cathy and her staff did to carry out this study in at least three lish a pilot program to provide child excellent work in assisting with this veterans service networks. Possible care assistance for certain qualified legislation and shepherding it through forms of child care assistance include veterans while they are receiving care the legislative process. stipends for child care centers, the de- at the VA. Today women make up approxi- velopment of partnerships with private Recognizing that the largest number mately 8 percent of veterans in the agencies and collaboration with other of women veterans are serving in Oper- United States, and that percentage will Federal agencies that have similar pro- ation Enduring Freedom and Operation continue to rise as more and more grams. Iraqi Freedom, the bill would also en- women answer the call to duty to serve H.R. 1211 also requires the VA to pro- sure that recently separated women their country. With an increasing num- vide 7 days of medical care for the new- veterans have a voice on the advisory ber of women seeking access to care for born children of women veterans. Cur- committee on women veterans and mi- a diverse range of medical conditions, rently the VA has no provision to pro- nority veterans. the challenge of providing adequate vide care for these infants. However, 86 I urge my colleagues to support 1211, health care services for women vet- percent of Operation Enduring Free- as amended. erans is one that the VA must meet. dom and Operation Iraqi Freedom I reserve the balance of my time. Unfortunately, services at VA facili- women veterans are under the age of Mr. FILNER. I am proud to recognize ties often fall short of properly pro- 40, and this benefit represents an im- the gentlelady from South Dakota (Ms. viding for the health care needs of portant update of VA policy. HERSETH SANDLIN) for as much time as women. There is too much fragmenta- Finally, the bill requires the VA to she may consume. She is the author of tion of care and not enough clinicians add recently separated women and mi- this very, very important piece of leg- with the correct training and experi- nority veterans to serve on key advi- islation. ence. sory committees, such as the advisory Ms. HERSETH SANDLIN. Mr. Speak- Child care considerations aren’t committee on women veterans. The VA er, I rise today in strong support of being met adequately for male or fe- must ensure adequate attention is H.R. 1211, the Women Veterans Health male veterans, and currently the VA given to women veterans programs so Care Improvement Act, as amended, does not cover care for the newborn quality health care and specialized which the Veterans’ Affairs Health child of an eligible veteran. services are available for both women Subcommittee passed on June 4 and To answer these challenges and oth- and men. the full committee approved on June ers, H.R. 1211 takes a number of impor- I believe my bill will help the VA 10. tant steps to help the VA provide the better meet these specialized needs and I would like to thank Chairman FIL- services and care that our women vet- develop new systems to better provide NER, Ranking Member BUYER, Sub- erans need and sets the VA on a path for the health care of women veterans, committee Chairman MIKE MICHAUD toward providing even better care in especially those who are sexually as- and Subcommittee Ranking Member the future. saulted, suffer from PTSD or who need BROWN for their leadership and support H.R. 1211 authorizes the VA to con- child care services. Congress must of this bill, as well as my colleague on duct two important studies. First the honor our Nation’s commitment to all the Subcommittee on Economic Oppor- VA will examine barriers to health of our veterans, and this legislation tunity, the distinguished ranking care that women veterans experience furthers that aim. member, Mr. BOOZMAN of Arkansas, for within the VA system. The study will Again, I want to thank Chairman cosponsoring this important legisla- examine the full range of barriers, in- FILNER for his outstanding leadership tion. cluding the lack of comprehensive pri- on this issue, and I urge all of my col- I would also like to take a moment mary care, the sensitivity of VA pro- leagues to support H.R. 1211. to give special recognition to Chair- viders regarding gender-specific issues, Mr. BOOZMAN. I would also like to man FILNER for his leadership on this the stigma of seeking mental health thank my colleagues on the Health

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15912 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 Subcommittee, Chairman MIKE Similarly, H.R. 1211 improves train- The resolution is also beneficial to our vet- MICHAUD and Ranking Member HENRY ing and education for VA professionals erans due to the fact that this piece of legisla- BROWN of South Carolina, for their to help treat women veterans. This tion provides for the study and analysis of any hard work on this bill. I would also like education will help to address the concurrent problems that our women veterans to thank Chairman BOB FILNER, Rank- cerns that many women veterans have face in the current state of our system. It will ing Member STEVE BUYER, for working that the VA doesn’t understand their help us make amends and additions to the together to move this bill quickly and needs. structure of health care for our female vet- get it on this floor. This is why I support H.R. 1211 and erans. I would also like to acknowledge and strongly urge my colleagues to vote Another important piece of this legislation thank Ms. HERSETH SANDLIN for her ‘‘yes’’ on this important bill. that will help Veterans Affairs greatly is includ- leadership and recognizing the problem GENERAL LEAVE ing recently discharged women veterans in the and then moving forward with legisla- Mr. FILNER. Mr. Speaker, I ask Advisory Committee on Women Veterans and tion that hopefully will be of great help unanimous consent that all Members the Advisory Committee on Minority Veterans. to women veterans. may have 5 legislative days in which to This will only add more experience to the cur- Mr. Speaker, I urge all of my col- revise and extend their remarks and in- rent committee because having recently dis- leagues to support H.R. 1211, as amend- clude extraneous material on H.R. 1211, charged troops is important in knowing what ed. as amended. health care issues recently discharged female I yield back the balance of my time. The SPEAKER pro tempore. Is there military personal need. Mr. FILNER. Mr. Speaker, I yield 3 objection to the request of the gen- Mr. Speaker, it is important that we take minutes to the gentlelady from Illinois tleman from California? care of our veterans. These veterans put their (Mrs. HALVORSON). There was no objection. life on the line to help protect all of us that live Mr. FILNER. In closing, Mr. Speaker, Mrs. HALVORSON. Mr. Speaker, I in this great Nation. It is of the essence to pro- I was listening to Ms. HERSETH SAND- rise in support of H.R. 1211, the Women vide easy access to health care and to a bet- LIN talk about the need for pilot pro- Veterans Health Care Improvement ter current health care system for our women grams for child care. We’ve had testi- Act. veterans. mony that if a woman veteran showed I want to thank Ms. HERSETH SAND- Again, I would like to thank my colleague up with her child or children, they LIN for her dedication on this issue. As Congresswoman STEPHANIE HERSETH SANDLIN would be denied their appointment and more women serve in the military, for being the chief sponsor of this key resolu- sent home. I mean this is a way that they are quickly becoming an impor- tion in aiding our women veterans. I strongly the culture just must change, which tant segment of VA users. Their num- urge my other colleagues to support this reso- this bill is the first step toward that bers will double over the next 2 to 4 lution as well. change. years, and many are under the age of So I would urge my colleagues to Mr. MICHAUD. Mr. Speaker, I rise in strong 40. support H.R. 1211, as amended. support of the Women Veterans Health Care This presents new challenges to the Mr. FALEOMAVAEGA. Mr. Speaker, I rise Improvement Act. VA system, which historically was de- today in strong support of House Resolution This legislation will improve and expand signed to serve male veterans. Signifi- 1211. This piece of legislation will assist our health care for women veterans. cant changes to the VA need to occur women veterans in obtaining better health I would like to thank Congresswoman to properly serve all veterans. care. HERSETH SANDLIN for all of her hard work. She As we heard at the VA committee First, I’d like to commend the chief sponsor is a champion of our nation’s veterans. I am roundtable on women veteran issues, of this resolution, Ms. STEPHANIE HERSETH honored to be a cosponsor of this legislation. women veterans arrive at the VA with SANDLIN. I would also like to recognize my Women now make up approximately four- a variety of unique challenges. Many other colleagues for their strong support and teen percent of the active military, and in the women veterans do not identify them- co-sponsorship of this piece of legislation. past recruiting class, they made up twenty selves as veterans and seek care out- Currently, there are an approximated percent. side of the system. Some feel stig- 200,000 female troops in our Armed Forces Data released by the VA shows that the matized and are hesitant to speak out. serving to help protect our Nation. It is not amount of women who are expected to use Women who have sought care at VA fa- only an important issue but a matter of re- the VA health care system is expected to dou- cilities have complained that staff sponsibility that we ensure the fair and first- ble within the next four years. lacks understanding of the role of rate treatment of our brave female troops As a country, we must ensure that women women in combat. when they return and/or retire from the Armed veterans have a voice and that their needs are The most pressing of these challenges Forces. addressed. relate to mental health, including This resolution will benefit our women vet- Passing this bill into law will help identify PTSD, depression, anxiety, and behav- erans by providing graduate education for and break down barriers faced by women vet- ioral issues. A 2008 VA study reported them. I believe education is a keystone for erans in accessing VA health care. that 15 percent of women in Iraq and every U.S. citizen and our government should I urge all of my colleagues to support this Afghanistan experience sexual assault provide the right to an education for our val- crucial bill. or harassment, and 59 percent of these iant troops returning home. This gives the op- Ms. JACKSON-LEE of Texas. Mr. Speaker, women were at a higher risk for mental portunity for women veterans who enlisted I rise today in strong support of H.R. 1211, health problems. right after high school to continue on with their ‘‘Women Veterans Health Care Improvement education at higher levels. Act.’’ I would like to thank my colleague, Con- b 1300 This legislation will also train and certify gresswoman HERSETH SANDLIN, for introducing These are tragic numbers and we mental health professionals so we can aid any this bill, and providing leadership on this im- need to act immediately to address of our veterans who are in need of help. It is portant issue. them. The difficulty women face in ac- imperative that we service our veterans in the In the wake of the recent Democratic Presi- cessing the VA system and the lack of best way we can. On a day-to-day basis, thou- dential victory, we witnessed an historic time women-focused health care is unac- sands of veterans suffer from conditions such in our electoral system. Now is the time to ad- ceptable. as sexual trauma and post-traumatic stress dress the major ongoing disparities that exist These women have sacrificed so much disorder. The number of female veterans that for our minority and women. Secretary of for our country. This bill takes the tested positive for military sexual trauma was State Hillary Rodham Clinton once said, first step to meet these challenges and 8,705 and this was a climb in number. It is ‘‘There cannot be true democracy unless follows up on recommendations pro- crucial that we take care of our female troops women’s voices are heard. There cannot be vided by Veterans Service Organiza- especially because around 20 percent of fe- true democracy unless women are given the tions by requiring the Secretary of the male veterans test positive for sexual trauma opportunity to take responsibility for their own VA to study the barriers women face as while only 1.8 percent of male veterans test lives. There cannot be true democracy unless they seek VA services. positive. all citizens are able to participate fully in the

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 9920 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15913 lives of their country.’’ And today, there cannot Chair’s prior announcement, further (1) GENERAL DEFINITION OF INSTITUTION OF be true democracy unless women receive the proceedings on this motion will be HIGHER EDUCATION.—Section 101(b) of the High- same care and treatment in the military as postponed. er Education Opportunity Act (Public Law 110– their male counterparts. In addition to the 315) is amended by striking ‘‘July 1, 2010’’ and f inserting ‘‘the date of enactment of this Act’’. health care reform debate, H.R. 1211 ‘‘Wom- (2) DEFINITION OF INSTITUTION OF HIGHER HIGHER EDUCATION TECHNICAL en’s Veterans Health Care Improvement Act’’ EDUCATION FOR PURPOSES OF TITLE IV PRO- will be an essential piece to the health care CORRECTIONS GRAMS.—Section 102(e) of the Higher Education reform bill. Mr. HINOJOSA. Mr. Speaker, I move Opportunity Act (Public Law 110–315) is amend- As the 111th Congress and 44th President to suspend the rules and concur in the ed by striking the period at the end and insert- of the United States undergo swift actions to Senate amendment to the bill (H.R. ing ‘‘, except that, with respect to foreign nurs- reform our health care system it’s important ing schools that were eligible to participate in 1777) to make technical corrections to part B of title IV as of the day before the date we get reform right! It will be a long-term prob- the Higher Education Act of 1965, and lem if we don’t implement the right kind of of enactment of this Act, the amendments made for other purposes. by subsection (a)(1)(D) shall take effect on July change now, which needs to include all Ameri- The Clerk read the title of the bill. 1, 2012.’’. cans of every race, every gender, and in every The text of the Senate amendment is (b) HIGHER EDUCATION ACT OF 1965.—Title I condition. Without comprehensive reform, our as follows: (20 U.S.C. 1001 et seq.) is amended— government will have failed to serve our peo- (1) in section 102(a)(2)(D) (20 U.S.C. Senate amendment: 1002(a)(2)(D)), by striking ‘‘under part B’’ and ple in a time when the people elected for Strike all after the enacting clause and in- inserting ‘‘under part B of title IV’’; change. sert the following: This legislation will expand and improve (2) in section 111(b) (20 U.S.C. 1011(b)), by SECTION 1. TABLE OF CONTENTS. striking ‘‘With’’ and inserting ‘‘with’’; health care services available to women vet- The table of contents for this Act is as follows: (3) in section 131(a)(3)(A)(iii)(I) (20 U.S.C. erans, especially those serving in Operation Sec. 1. Table of contents. 1015(a)(3)(A)(iii)(I)), by striking ‘‘section Enduring Freedom and Operation Iraqi Free- Sec. 2. References. 428(a)(2)(C)(i)’’ and inserting ‘‘section dom. Women Veterans Health Care Improve- Sec. 3. Effective date. 428(a)(2)(C)(ii)’’; (4) in section 136(d)(1) (20 U.S.C. 1015e(d)(1)), ment Act requires the Secretary of Veterans TITLE I—GENERAL PROVISIONS Affairs to: (1) study barriers encountered by by striking ‘‘(Family Educational Rights and Sec. 101. General provisions. women veterans to the provision by the De- Privacy Act of 1974)’’ and inserting ‘‘(commonly partment of Veterans Affairs (VA) of com- TITLE II—TEACHER QUALITY known as the ‘Family Educational Rights and prehensive health care; (2) assess all health ENHANCEMENT Privacy Act of 1974’)’’; Sec. 201. Teacher quality enhancement. (5) in section 141 (20 U.S.C. 1018)— care services and programs provided by the (A) in the matter preceding subparagraph (A) VA for women veterans; (3) provide graduate TITLE III—INSTITUTIONAL AID of subsection (c)(3), by striking ‘‘under this education, training and certification for mental Sec. 301. Institutional aid. title’’ and inserting ‘‘under title IV’’; and health professionals who provide counseling, Sec. 302. Multiagency study of minority science (B) in subsection (d)(3), by striking ‘‘appro- care, and services to women veterans suf- programs. priate committees of Congress’’ and inserting fering from sexual trauma and post-traumatic TITLE IV—STUDENT ASSISTANCE ‘‘authorizing committees’’; (6) in section 153(a)(1)(B)(iii)(V) (20 U.S.C. Sec. 401. Grants to students in attendance at stress disorder (PTSD); and (4) carry out a 1019b(a)(1)(B)(iii)(V)), by striking ‘‘borrowers institutions of higher education. pilot program of child care for certain women who take out loans under’’ each place the term Sec. 402. Federal Family Education Loan Pro- veterans receiving health care from VA facili- appears and inserting ‘‘borrowers of loans made gram. ties. under’’; and For 19 out of the past 22 fiscal years, ap- Sec. 403. Federal work-study programs. (7) in section 155(a) (20 U.S.C. 1019d(a)), by Sec. 404. Federal Direct Loan Program. propriated funds for medical care were not striking paragraph (4) and inserting the fol- Sec. 405. Federal Perkins Loans. lowing: provided to the Department of Veterans Affairs Sec. 406. Need analysis. before the commencement of its new fiscal ‘‘(4) include a place to provide information Sec. 407. General provisions of title IV. on— year, causing the Department great challenges Sec. 408. Program integrity. ‘‘(A) the applicant’s cost of attendance at the in planning and managing care for enrolled Sec. 409. Waiver of master calendar and nego- institution of higher education, as determined veterans. tiated rulemaking requirements. by the institution under part F of title IV; By providing the access and care for TITLE V—DEVELOPING INSTITUTIONS ‘‘(B) the applicant’s estimated financial as- women in the military, we will meet the vital Sec. 501. Developing institutions. sistance, including amounts of financial assistance used to replace the expected family con- obligation to provide health care to all vet- TITLE VI—INTERNATIONAL EDUCATION tribution, as determined by the institution, in erans. Congress must take action in ensuring PROGRAMS our veterans who return home sick, injured, or accordance with title IV, for students who have Sec. 601. International education programs. completed the Free Application for Federal Stu- even healthy will receive the quality health TITLE VII—GRADUATE AND dent Aid; and care they deserve. As acts in an unprece- POSTSECONDARY IMPROVEMENT ‘‘(C) the difference between the amounts dented time, I urge my colleagues to set aside Sec. 701. Graduate and postsecondary improve- under subparagraphs (A) and (B), as applicable; the bickering and come together on a united ment programs. and’’. front to ensure all of our citizen’s happiness in TITLE VIII—ADDITIONAL PROGRAMS TITLE II—TEACHER QUALITY a quality health care system. Only then can ENHANCEMENT Sec. 801. Additional programs. we live out the true meaning of our country, Sec. 802. Amendments to other higher education SEC. 201. TEACHER QUALITY ENHANCEMENT. democracy. Acts. Title II (20 U.S.C. 1021 et seq.) is amended— Mr. FILNER. I yield back the balance (1) in section 200(22) (20 U.S.C. 1021(22)), by SEC. 2. REFERENCES. of my time. striking subparagraph (D) and inserting the fol- Except as otherwise expressly provided, when- lowing: The SPEAKER pro tempore. The ever in this Act an amendment or repeal is ex- question is on the motion offered by ‘‘(D) prior to completion of the program— pressed in terms of an amendment to, or repeal ‘‘(i) attains full State certification or licensure the gentleman from California (Mr. of, a section or other provision, the reference and becomes highly qualified; and FILNER) that the House suspend the shall be considered to be made to a section or ‘‘(ii) acquires a master’s degree not later than rules and pass the bill, H.R. 1211, as other provision of the Higher Education Act of 18 months after beginning the program.’’; amended. 1965 (20 U.S.C. 1001 et seq.). (2) in section 202 (20 U.S.C. 1022a)— The question was taken. SEC. 3. EFFECTIVE DATE. (A) in subsection (b)(6)(E)(ii), by striking The SPEAKER pro tempore. In the Except as otherwise provided in this Act, the ‘‘section 1111(b)(2)’’ and inserting ‘‘section opinion of the Chair, two-thirds being amendments made by this Act shall take effect 1111(b)(1)’’; in the affirmative, the ayes have it. as if enacted on the date of enactment of the (B) in subsection (c)(1), by striking ‘‘pre-baccalaureate’’; Mr. BOOZMAN. Mr. Speaker, on that Higher Education Opportunity Act (Public Law 110–315). (C) in subsection (d)— I demand the yeas and nays. (i) in the heading, by striking ‘‘PRE-BACCA- TITLE I—GENERAL PROVISIONS The yeas and nays were ordered. LAUREATE’’ and inserting ‘‘THE’’; and The SPEAKER pro tempore. Pursu- SEC. 101. GENERAL PROVISIONS. (ii) in the matter preceding paragraph (1), by ant to clause 8 of rule XX and the (a) HIGHER EDUCATION OPPORTUNITY ACT.— striking ‘‘An eligible partnership that receives a

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 6333 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15914 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 grant to carry out an effective program for the (C) in paragraph (9)— ent’ means a dependent or an independent stu- pre-baccalaureate preparation of teachers shall (i) in subparagraph (C)(iii), by striking dent— carry out a program that includes all of the fol- ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; and ‘‘(1) whose parent or guardian was a member lowing:’’ and inserting ‘‘An eligible partnership (ii) by amending subparagraph (F) to read as of the Armed Forces of the United States and that receives a grant to carry out a program for follows: died as a result of performing military service in the preparation of teachers shall carry out an ‘‘(F) is not receiving assistance under— Iraq or Afghanistan after September 11, 2001; effective pre-baccalaureate teacher preparation ‘‘(i) part B; and program or a 5th year initial licensing program ‘‘(ii) part A of title V; or ‘‘(2) who, at the time of the parent or guard- that includes all of the following:’’; ‘‘(iii) an annual authorization of appropria- ian’s death, was— (D) in subsection (e)(2)— tions under the Act of March 2, 1867 (14 Stat. ‘‘(A) less than 24 years of age; or (i) in subparagraph (A)(ii), by striking ‘‘to 438; 20 U.S.C. 123).’’; and ‘‘(B) enrolled at an institution of higher edu- earn’’ and inserting ‘‘leading to’’; and (8) in section 392(a)(6) (20 U.S.C. 1068a(a)(6)), cation on a part-time or full-time basis. (ii) in subparagraph (C)— by striking ‘‘College or University’’ and insert- ‘‘(b) GRANTS.— (I) in clause (i), by striking ‘‘one-year’’ before ing ‘‘Colleges and Universities’’. ‘‘(1) IN GENERAL.—The Secretary shall award ‘‘teaching residency program’’; and SEC. 302. MULTIAGENCY STUDY OF MINORITY a grant to each eligible veteran’s dependent to (II) in clause (iii)(I), by striking ‘‘one-year’’; SCIENCE PROGRAMS. assist in paying the eligible veteran’s depend- and Section 1024 (20 U.S.C. 1067d) is repealed. ent’s cost of attendance at an institution of (E) in subsection (i)(3), by striking ‘‘consent TITLE IV—STUDENT ASSISTANCE higher education. of’’ and inserting ‘‘consent to’’; and ‘‘(2) DESIGNATION.—Grants made under this (3) in section 231(a)(1) (20 U.S.C. 1032(a)(1)), SEC. 401. GRANTS TO STUDENTS IN ATTENDANCE section shall be known as ‘Iraq and Afghani- by striking ‘‘serve graduate’’ and inserting ‘‘as- AT INSTITUTIONS OF HIGHER EDU- stan Service Grants’. CATION. sist in the graduation of’’. ‘‘(c) PREVENTION OF DOUBLE BENEFITS.—No (a) AMENDMENTS.—Part A of title IV (20 TITLE III—INSTITUTIONAL AID eligible veteran’s dependent may receive a grant U.S.C. 1070 et seq.) is amended— under both this section and section 401. SEC. 301. INSTITUTIONAL AID. (1) in section 400(b) (20 U.S.C. 1070(b)), by ‘‘(d) TERMS AND CONDITIONS.—The Secretary Title III (20 U.S.C. 1051 et seq.) is amended— striking ‘‘1 through 8’’ and inserting ‘‘1 through shall award grants under this section in the (1) in section 316 (20 U.S.C. 1059c)— 9’’; (A) in subsection (a), by striking ‘‘Indian same manner, and with the same terms and con- (2) in section 401 (20 U.S.C. 1070a)— Tribal’’ and inserting ‘‘Tribal’’; and ditions, including the length of the period of eli- (A) in the second sentence of subsection (a)(1), (B) in subsection (b)— gibility, as the Secretary awards Federal Pell by striking ‘‘manner,,’’ and inserting ‘‘man- (i) in paragraph (1), by striking ‘‘the Tribally Grants under section 401, except that— ner,’’; Controlled College or University Assistance Act ‘‘(1) the award rules and determination of (B) in subsection (b)(1), by striking ‘‘section of 1978’’ and inserting ‘‘the Tribally Controlled need applicable to the calculation of Federal 401’’ and inserting ‘‘this section’’; and Colleges and Universities Assistance Act of Pell Grants, shall not apply to grants made (C) in subsection (b)(9)(A)— 1978’’; under this section; (i) in clause (vi), by striking ‘‘$105,000,000’’ (ii) in paragraph (2), by striking ‘‘the Tribally ‘‘(2) the provisions of subsection (a)(3), sub- and inserting ‘‘$258,000,000’’; and Controlled College or University Assistance Act section (b)(1), the matter following subsection (ii) in clause (viii), by striking ‘‘$4,400,000,000’’ of 1978’’ and inserting ‘‘the Tribally Controlled (b)(2)(A)(v), subsection (b)(3), and subsection and inserting ‘‘$4,452,000,000’’; Colleges and Universities Assistance Act of (f), of section 401 shall not apply; and (3) by striking paragraph (4) of section 401(f) 1978’’; and ‘‘(3) a grant made under this section to an eli- (20 U.S.C. 1070a(f)), as added by section 401(c) (iii) in paragraph (3)(A), by striking ‘‘the gible veteran’s dependent for any award year of the Higher Education Opportunity Act (Pub- Navajo Community College Assistance Act of shall equal the maximum Federal Pell Grant lic Law 110–315); 1978’’ and inserting ‘‘the Navajo Community available for that award year, except that such (4) in section 402A (20 U.S.C. 1070a–11)— College Act’’; a grant under this section— (A) in subsection (b)(1), by striking ‘‘organiza- (2) in section 318(b)(1) (20 U.S.C. 1059e(b)(1)), ‘‘(A) shall not exceed the cost of attendance of tions including’’ and inserting ‘‘organizations, by striking subparagraph (F) and inserting the the eligible veteran’s dependent for that award including’’; and following: year; and (B) in subsection (c)(8)(C)(iv)(I), by inserting ‘‘(F) is not receiving assistance under— ‘‘(B) shall be adjusted to reflect the attend- ‘‘to be’’ after ‘‘determined’’; ‘‘(i) part B; ance by the eligible veteran’s dependent on a (5) in section 402E(d)(2)(C) (20 U.S.C. 1070a– ‘‘(ii) part A of title V; or less than full-time basis in the same manner as 15(d)(2)(C)), by striking ‘‘320.’’ and inserting ‘‘(iii) an annual authorization of appropria- such adjustments are made under section 401. tions under the Act of March 2, 1867 (14 Stat. ‘‘320’’; ‘‘(e) ESTIMATED FINANCIAL ASSISTANCE.—For (6) in section 415E(b)(1)(B) (20 U.S.C. 1070c– 438; 20 U.S.C. 123).’’; purposes of determinations of need under part (3) in section 323(a) (20 U.S.C. 1062(a)), in the 3a(b)(1)(B))— F, a grant awarded under this section shall not matter preceding paragraph (1), by striking ‘‘in (A) in clause (i), by striking ‘‘If a’’ and insert- be treated as estimated financial assistance as any fiscal year’’ and inserting ‘‘for any fiscal ing ‘‘Except as provided in clause (ii), if a’’; described in sections 471(3) and 480(j). year,’’; (B) by redesignating clause (ii) as clause (iii); ‘‘(f) AUTHORIZATION AND APPROPRIATIONS OF (4) in section 324(d) (20 U.S.C. 1063(d))— and FUNDS.—There are authorized to be appro- (A) by redesignating paragraphs (1) and (2) as (C) by inserting after clause (i) (as amended priated, and there are appropriated, out of any subparagraphs (A) and (B), respectively; by subparagraph (A)) the following: money in the Treasury not otherwise appro- (B) by striking ‘‘Notwithstanding subsections ‘‘(ii) SPECIAL CONTINUATION AND TRANSITION priated, for the Secretary to carry out this sec- (a)’’ and inserting ‘‘(1) Notwithstanding sub- RULE.—If a State that applied for and received tion, such sums as may be necessary for fiscal sections (a)’’; and an allotment under this section for fiscal year year 2010 and each succeeding fiscal year.’’. (C) by adding at the end the following: 2010 pursuant to subsection (j) meets the speci- (b) EFFECTIVE DATE.—The amendment made ‘‘(2) If the amount appropriated pursuant to fications established in the State’s application by subsection (a)(9) shall take effect on July 1, section 399(a)(2)(A) for any fiscal year is not under subsection (c) for fiscal year 2011, then 2010. sufficient to pay the minimum allotment re- the Secretary shall make an allotment to such (c) HIGHER EDUCATION OPPORTUNITY ACT.— quired by paragraph (1) to all part B institu- State for fiscal year 2011 that is not less than Section 404 of the Higher Education Oppor- tions, the amount of such minimum allotments the allotment made pursuant to subsection (j) to tunity Act (Public Law 110–315) is amended by shall be ratably reduced. If additional sums be- such State for fiscal year 2010 under this section adding at the end the following new subsection: come available for such fiscal year, such re- (as this section was in effect on the day before ‘‘(i) EFFECTIVE DATE; TRANSITION.— duced allocations shall be increased on the same the date of enactment of the Higher Education ‘‘(1) IN GENERAL.—The amendments made by basis as the basis on which they were reduced Opportunity Act (Public Law 110–315)).’’; subsection (e) shall apply to grants made under (until the amount allotted equals the minimum (7) in section 419C(b)(1) (20 U.S.C. 1070d– chapter 2 of subpart 2 of part A of title IV of the allotment required by paragraph (1)).’’; 33(b)(1)), by inserting ‘‘and’’ after the semicolon Higher Education Act of 1965 (20 U.S.C. 1070a– (5) in section 351(a) (20 U.S.C. 1067a(a))— at the end; 21 et seq.) on or after the date of enactment of (A) by striking ‘‘section 304(a)(1)’’ and insert- (8) in section 419D(d) (20 U.S.C. 1070d–34(d)), this Act, except that a recipient of a grant ing ‘‘section 303(a)(1)’’; and by striking ‘‘1134’’ and inserting ‘‘134’’; and under such chapter that is made prior to such (B) by striking ‘‘of 1979’’; (9) by adding at the end the following: (6) in section 355(a) (20 U.S.C. 1067e(a)), by date may elect to apply the requirements con- striking ‘‘302’’ and inserting ‘‘312’’; ‘‘Subpart 10—Scholarships for Veteran’s tained in the amendments made by subsection (7) in section 371(c) (20 U.S.C. 1067q(c))— Dependents (e) to that grant if the grant recipient informs (A) in paragraph (3)(D), by striking ‘‘402A(g)’’ ‘‘SEC. 420R. SCHOLARSHIPS FOR VETERAN’S DE- the Secretary of the election. and inserting ‘‘402A(h)’’; PENDENTS. ‘‘(2) SPECIAL RULE.—A grant recipient may (B) in paragraph (4), by striking ‘‘402A(g)’’ ‘‘(a) DEFINITION OF ELIGIBLE VETERAN’S DE- make the election described in paragraph (1) and inserting ‘‘402A(h)’’; and PENDENT.—The term ‘eligible veteran’s depend- only if the election does not decrease the

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 6333 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15915 amount of the scholarship promised to an indi- ‘‘(I) shall repay the Secretary 81.5 percent of (B) in subparagraph (B), by inserting ‘‘the re- vidual student under the grant.’’. the amount of the principal balance outstanding instatement and resumption to be’’ after ‘‘deter- SEC. 402. FEDERAL FAMILY EDUCATION LOAN at the time of such sale, multiplied by the rein- mines’’. PROGRAM. surance percentage in effect when payment (2) EFFECTIVE DATE.—The amendments made (a) AMENDMENT TO PROVISION AMENDED BY under the guaranty agreement was made with by paragraph (1) shall be effective as if enacted THE COLLEGE COST REDUCTION AND ACCESS respect to the loan; and as part of the amendments in section 437(a) of ACT.— ‘‘(II) may, in order to defray collection costs— the Higher Education Opportunity Act (Public (1) IN GENERAL.—Section 428(b)(1)(G)(i) (20 ‘‘(aa) charge to the borrower an amount not Law 110–315), and shall take effect on July 1, U.S.C. 1078(b)(1)(G)(i)), as amended by section to exceed 18.5 percent of the outstanding prin- 2010. 303 of the College Cost Reduction and Access cipal and interest at the time of the loan sale; (f) OTHER AMENDMENTS.—Part B of title IV Act (Public Law 110–84), is amended by striking and (20 U.S.C. 1071 et seq.) is further amended— ‘‘or 439(q)’’. ‘‘(bb) retain such amount from the proceeds of (1) in section 428 (20 U.S.C. 1078)— (A) in subsection (a)(2)(A)(i)(II), by striking (2) EFFECTIVE DATE.—The amendment made the loan sale; and ‘‘(ii) the Secretary shall reinstate the Sec- ‘‘and’’ after the semicolon at the end; by paragraph (1) shall be effective as if enacted (B) in subsection (b)— as part of the amendment in section 303(a) of retary’s obligation to— ‘‘(I) reimburse the guaranty agency for the (i) in the matter following subclause (II) of the College Cost Reduction and Access Act paragraph (1)(M)(i), by inserting ‘‘section’’ be- (Public Law 110–84), shall take effect on October amount that the agency may, in the future, expend to discharge the guaranty agency’s insur- fore ‘‘428B’’; 1, 2012, and shall apply with respect to loans (ii) in paragraph (3)(A)(i), by striking ‘‘any ance obligation; and made on or after such date. institution of higher education or the employees (b) ENTRANCE COUNSELING FUNCTIONS.— ‘‘(II) pay to the holder of such loan a special allowance pursuant to section 438. of an institution of higher education’’ and in- (1) GUARANTY AGENCIES.—Section 428(b)(3) (20 serting ‘‘any institution of higher education, U.S.C. 1078(b)(3)) is amended— ‘‘(E) DUTIES UPON ASSIGNMENT.—With respect to a loan assigned under subparagraph (A)(ii)— any employee of an institution of higher edu- (A) in subparagraph (C), by inserting ‘‘or cation, or any individual or entity’’; 485(l)’’ after ‘‘section 485(b)’’; and ‘‘(i) the guaranty agency shall add to the principal and interest outstanding at the time of (iii) in paragraph (4), by striking ‘‘For the (B) in subparagraph (D), by inserting ‘‘or purpose of paragraph (1)(M)(i)(III) of this sub- 485(l)’’ after ‘‘section 485(b)’’. the assignment of such loan an amount equal to the amount described in subparagraph section,’’ and inserting ‘‘With respect to the (2) ELIGIBLE LENDERS.—Section 435(d)(5) (20 graduate fellowship program referred to in para- U.S.C. 1085(d)(5)) is amended— (D)(i)(II)(aa); and ‘‘(ii) the Secretary shall pay the guaranty graph (1)(M)(i)(II),’’; and (A) in subparagraph (E), by inserting ‘‘or (iv) in paragraph (7)— agency, for deposit in the agency’s Operating 485(l)’’ after ‘‘section 485(b)’’; and (I) in subparagraph (B), by striking ‘‘clause Fund established pursuant to section 422B, an (B) in subparagraph (F), by inserting ‘‘or (i) or (ii) of’’; and amount equal to the amount added to the prin- 485(l)’’ after ‘‘section 485(b)’’. (II) in subparagraph (D), by striking ‘‘sub- cipal and interest outstanding at the time of the (c) AMENDMENT TO PROVISION AMENDED BY paragraph (A)(i)’’ and inserting ‘‘subparagraph assignment in accordance with clause (i). THE HIGHER EDUCATION OPPORTUNITY ACT.— (A)’’; and ‘‘(F) ELIGIBLE LENDER LIMITATION.—A loan (1) IN GENERAL.—Section 428C(c)(3)(A) (20 (C) in subsection (c)(9)(K), by striking ‘‘3 shall not be sold to an eligible lender under sub- U.S.C. 1078–3(c)(3)(A)), as amended by section months’’ and inserting ‘‘6 months’’; paragraph (A)(i) if such lender has been found 425 of the Higher Education Opportunity Act (2) in section 428B(e) (20 U.S.C. 1078–2(e))— by the guaranty agency or the Secretary to have (Public Law 110–315), is amended by striking (A) in paragraph (3)(B), by striking ‘‘sub- substantially failed to exercise the due diligence ‘‘section 493C’’ and inserting ‘‘section 493C,’’. section (c)(5)(B)’’ and inserting ‘‘subsection required of lenders under this part. (d)(5)(B)’’; and (2) EFFECTIVE DATE.—The amendment made ‘‘(G) DEFAULT DUE TO ERROR.—A loan that (B) by repealing paragraph (5); by paragraph (1) shall be effective as if enacted does not meet the requirements of subparagraph (3) in section 428C (20 U.S.C. 1078–3)— as part of the amendments in section 425(d)(1) of (A) may also be eligible for sale or assignment (A) in subsection (a)(4)(E), by striking ‘‘sub- the Higher Education Opportunity Act (Public under this paragraph upon a determination that part II of part B’’ and inserting ‘‘part E’’; Law 110–315), and shall take effect on July 1, the loan was in default due to clerical or data (B) in the matter preceding clause (i) of sub- 2009. processing error and would not, in the absence section (c)(2)(A)— (d) REHABILITATION OF STUDENT LOANS.— of such error, be in a delinquent status.’’; (i) by striking ‘‘subsection (b)(2)(F)’’ and in- (1) Section 428F (20 U.S.C. 1078–6) is amend- (ii) in paragraph (2)— serting ‘‘subsection (b)(2)’’; and ed— (I) by striking ‘‘paragraph (1) of this sub- (ii) by inserting a comma after ‘‘graduated’’; (C) in subsection (d)(3)(D), by striking ‘‘loan (A) in subsection (a)— section’’ and inserting ‘‘paragraph (1)(A)(i)’’; insurance fund’’ and inserting ‘‘loan insurance (i) by amending paragraph (1) to read as fol- and lows: (II) by striking ‘‘paragraph (1)(B)(ii) of this account’’; and (D) in subsection (f)(3), by striking ‘‘sub- ‘‘(1) SALE OR ASSIGNMENT OF LOAN.— subsection’’ and inserting ‘‘paragraph ‘‘(A) IN GENERAL.—Each guaranty agency, section (a)’’ and inserting ‘‘this subsection’’; (1)(D)(ii)(I)’’; (4) in section 428G(c) (20 U.S.C. 1078–7(c))— upon securing 9 payments made within 20 days (iii) in paragraph (3)— of the due date during 10 consecutive months of (A) in paragraph (1), by striking ‘‘section (I) by striking ‘‘sold under paragraph (2)’’ 428(a)(2)(A)(i)(III)’’ and inserting ‘‘section amounts owed on a loan for which the Secretary and inserting ‘‘sold or assigned under para- has made a payment under paragraph (1) of sec- 428(a)(2)(A)(i)(II)’’; and graph (1)(A)’’; and (B) by striking paragraph (3) and inserting tion 428(c), shall— (II) by striking ‘‘sale.’’ and inserting ‘‘sale or ‘‘(i) if practicable, sell the loan to an eligible the following: assignment.’’; ‘‘(3) notwithstanding subsection (a)(2), may, lender; or (iv) in paragraph (4), by striking ‘‘which is with the permission of the borrower, be dis- ‘‘(ii) on or before September 30, 2011, assign sold under paragraph (1) of this subsection’’ bursed by the lender on a weekly or monthly the loan to the Secretary if— and inserting ‘‘that is sold or assigned under basis, provided that the proceeds of the loan are ‘‘(I) the Secretary has determined that market paragraph (1)’’; and disbursed by the lender in substantially equal conditions unduly limit a guaranty agency’s (v) in paragraph (5), by inserting ‘‘(whether weekly or monthly installments, as the case may ability to sell loans under clause (i); and by loan sale or assignment)’’ after ‘‘rehabili- be, over the period of enrollment for which the ‘‘(II) the guaranty agency has been unable to tating a loan’’; and loan is made.’’; sell loans under clause (i). (B) in subsection (b), in the first sentence, by (5) in section 428H (20 U.S.C. 1078–8)— ‘‘(B) MONTHLY PAYMENTS.—Neither the guar- inserting ‘‘or assigned to the Secretary’’ after (A) in subsection (d), by amending the text of anty agency nor the Secretary shall demand ‘‘sold to an eligible lender’’. the header of paragraph (2) to read as follows: from a borrower as monthly payment amounts (2) EFFECTIVE DATE.—The amendments made ‘‘LIMITS FOR GRADUATE, PROFESSIONAL, AND described in subparagraph (A) more than is rea- by paragraph (1) shall be effective on the date INDEPENDENT POSTBACCALAUREATE STUDENTS’’; sonable and affordable based on the borrower’s of enactment of this Act, and shall apply to any and total financial circumstances. loan on which monthly payments described in (B) in subsection (e), by amending paragraph ‘‘(C) CONSUMER REPORTING AGENCIES.—Upon section 428F(a)(1)(A) were paid before, on, or (6) to read as follows: the sale or assignment of the loan, the Sec- after such date of enactment. ‘‘(6) REPAYMENT PERIOD.—For purposes of retary, guaranty agency or other holder of the (e) REPAYMENT IN FULL FOR DEATH AND DIS- calculating the repayment period under section loan shall request any consumer reporting agen- ABILITY.— 428(b)(9), such period shall commence at the cy to which the Secretary, guaranty agency or (1) IN GENERAL.—Section 437(a)(1) (20 U.S.C. time the first payment of principal is due from holder, as applicable, reported the default of the 1087(a)(1)), as amended by section 437 of the the borrower.’’; loan, to remove the record of the default from Higher Education Opportunity Act (Public Law (6) in section 428J (20 U.S.C. 1078–10)— the borrower’s credit history. 110–315), is amended— (A) in subsection (c)(1), by adding at the end ‘‘(D) DUTIES UPON SALE.—With respect to a (A) in the matter preceding subparagraph (A), the following: ‘‘No borrower may receive a re- loan sold under subparagraph (A)(i)— by striking ‘‘Secretary),, or if’’ and inserting duction of loan obligations under both this sec- ‘‘(i) the guaranty agency— ‘‘Secretary), or if’’; and tion and section 460.’’; and

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 6333 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15916 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 (B) in subsection (g)(2)— (1) in subsection (a)— (B) in subsection (g)(2)— (i) in subparagraph (B), by inserting ‘‘or’’ (A) in paragraph (2), in the matter preceding (i) by striking subparagraph (A); after the semicolon at the end; subparagraph (A), by striking ‘‘purchase of (ii) by redesignating subparagraphs (B) (ii) by striking subparagraph (C); loans under this section’’ and inserting ‘‘pur- through (D) as subparagraphs (A) through (C), (iii) by redesignating subparagraph (D) as chase of loans under paragraph (1)’’; and respectively; and subparagraph (C); and (B) by inserting after paragraph (2) the fol- (iii) in subparagraph (C), as redesignated by (iv) in subparagraph (C), as redesignated by lowing new paragraph: clause (ii), by striking ‘‘12571’’ and inserting clause (iii), by striking ‘‘12571’’ and inserting ‘‘(3) TEMPORARY AUTHORITY TO PURCHASE RE- ‘‘12601’’. ‘‘12601’’; HABILITATED LOANS.— SEC. 405. FEDERAL PERKINS LOANS. (7) in section 428K(g)(9)(B) (20 U.S.C. 1078– ‘‘(A) AUTHORITY.—In addition to the author- Part E of title IV (20 U.S.C. 1087aa et seq.) is 11(g)(9)(B)), by striking ‘‘under subsection (ll)(3) ity described in paragraph (1), the Secretary, in amended— of such section (42 U.S.C. 1395x(ll)(3))’’ and in- consultation with the Secretary of the Treasury, (1) in section 462(a)(1) (20 U.S.C. 1087bb(a)(1)), serting ‘‘under subsection (ll)(4) of such section is authorized to purchase, or enter into forward by striking subparagraph (A) and inserting the (42 U.S.C. 1395x(ll)(4))’’; commitments to purchase, from any eligible following: (8) in section 430A(f) (20 U.S.C. 1080a(f))— lender (as defined in section 435(d)(1)), loans ‘‘(A) 100 percent of the amount received under (A) by striking ‘‘and (6)’’ and inserting ‘‘and that such lender purchased under section 428F subsections (a) and (b) of this section for fiscal (5)’’; and on or after October 1, 2003, and before July 1, year 1999 (as such subsections were in effect (B) by striking ‘‘(a)(6)’’ and inserting 2010, and that are not in default, on such terms with respect to allocations for such fiscal year), ‘‘(a)(5)’’; as the Secretary, the Secretary of the Treasury, multiplied by’’; (9) in section 432 (20 U.S.C. 1082)— and the Director of the Office of Management (2) in section 463(c) (20 U.S.C. 1087cc(c))— (A) in subsection (b), by striking ‘‘section 1078 and Budget jointly determine are in the best in- (A) in paragraph (2)— of this title’’ and inserting ‘‘section 428’’; and terest of the United States, except that any pur- (i) by moving the margins of subparagraph (A) (B) in subsection (m)(1)(B)— chase under this paragraph shall not result in 2 ems to the left; and (i) in clause (i), by inserting ‘‘and’’ after the any net cost to the Federal Government (includ- (ii) by striking subparagraph (B) and insert- semicolon at the end; and ing the cost of servicing the loans purchased), ing the following: (ii) in clause (ii), by striking ‘‘; and’’ and in- as determined jointly by the Secretary, the Sec- ‘‘(B) information concerning the repayment serting a period; retary of the Treasury, and the Director of the and collection of any such loan, including infor- (10) in section 435 (20 U.S.C. 1085)— Office of Management and Budget. mation concerning the status of such loan; (A) in subsection (a)(2)(C)(ii), by striking ‘‘a ‘‘(B) FEDERAL REGISTER NOTICE.—The Sec- and’’; and tribally controlled community college within the retary, the Secretary of the Treasury, and the (B) in paragraph (3)— meaning of section 2(a)(4) of the Tribally Con- Director of the Office of Management and (i) by striking ‘‘and (6)’’ and inserting ‘‘and trolled Community College Assistance Act of Budget shall jointly publish a notice in the Fed- (5)’’; and 1978’’ and inserting ‘‘a tribally controlled col- eral Register prior to any purchase of loans (ii) by striking ‘‘(a)(6)’’ and inserting lege or university, as defined in section 2(a)(4) under this paragraph that— ‘‘(a)(5)’’; of the Tribally Controlled Colleges and Univer- ‘‘(i) establishes the terms and conditions gov- (3) in the first sentence of the matter pre- sities Assistance Act of 1978’’; erning the purchases authorized by this para- ceding paragraph (1) of section 463A(a) (20 (B) in subsection (d)— graph; U.S.C. 1087cc–1(a)), by striking ‘‘, in order to (i) in paragraph (1)— ‘‘(ii) includes an outline of the methodology carry out the provisions of section 463(a)(8),’’; (I) in subparagraph (A)(ii)(III), by striking and factors that the Secretary, the Secretary of (4) in section 464 (20 U.S.C. 1087dd)— ‘‘section 501(1) of such Code’’ and inserting the Treasury, and the Director of the Office of (A) in subsection (c)— ‘‘section 501(a) of such Code’’; and Management and Budget will jointly consider in (i) in paragraph (1)(D)— (II) in subparagraph (G), by striking ‘‘sections evaluating the price at which to purchase loans (I) by striking ‘‘(I)’’ and inserting ‘‘(i)’’; and 428A(d), 428B(d), and 428C,’’ and inserting ‘‘sec- rehabilitated pursuant to section 428F(a); and (II) by striking ‘‘(II)’’ and inserting ‘‘(ii)’’; tions 428B(d) and 428C,’’; ‘‘(iii) describes how the use of such method- and (ii) in paragraph (2)(A)(vi), by striking ‘‘sec- ology and consideration of such factors used to (ii) in paragraph (2)(A)(iii)— tion 435(m)’’ and inserting ‘‘subsection (m)’’; determine purchase price will ensure that loan (I) by aligning the margin of the matter pre- (iii) in paragraph (3), by striking ‘‘section ceding subclause (I) with the margins of clause 435(m)’’ and inserting ‘‘subsection (m)’’; and purchases do not result in any net cost to the Federal Government (including the cost of serv- (ii); (iv) in paragraph (5)(A), by striking ‘‘to any (II) by aligning the margins of subclauses (I) institution of higher education or any employee icing the loans purchased).’’; and (2) by amending subsection (b) to read as fol- and (II) with the margins of clause (i)(I); and of an institution of higher education in order to lows: (III) by aligning the margins of the matter fol- secure applicants for loans under this part’’ and ‘‘(b) PROCEEDS.—The Secretary shall require, lowing subclause (II) with the margins of the inserting ‘‘to any institution of higher edu- as a condition of any purchase under subsection matter following subclause (II) of clause (i); and cation, any employee of an institution of higher (a), that the funds paid by the Secretary to any (B) in subsection (g)(5), by striking ‘‘credit bu- education, or any individual or entity in order eligible lender under this section be used— reaus’’ and inserting ‘‘consumer reporting agen- to secure applicants for loans under this part’’; ‘‘(1) to ensure continued participation of such cies’’; (C) in subsection (o)(1)(A)(ii), by striking lender in the Federal student loan programs au- (5) in section 465(a)(6) (20 U.S.C. 1087ee(a)(6)), ‘‘Service’’ and inserting ‘‘Services’’; and thorized under part B of this title; and by striking ‘‘12571’’ and inserting ‘‘12601’’; (D) in subsection (p)(1), by striking ‘‘section ‘‘(2)(A) in the case of loans purchased pursu- (6) in section 467(b) (20 U.S.C. 1087gg(b)), by 771’’ and inserting ‘‘section 781’’; and ant to subsection (a)(1), to originate new Fed- striking ‘‘paragraph (5)(A), (5)(B)(i), or (6)’’ (11) in section 438(b)(2) (20 U.S.C. 1087– eral loans to students, as authorized under part and inserting ‘‘paragraph (4) or (5)’’; and 1(b)(2))— B of this title; or (7) in section 469(c) (20 U.S.C. 1087ii(c)), by (A) in the second sentence of subparagraph ‘‘(B) in the case of loans purchased pursuant striking ‘‘and the term’’ and all that follows (A), by striking ‘‘427A(f)’’ and inserting to subsection (a)(3), to originate such new Fed- through the period at the end and inserting ‘‘427A(i)’’; eral loans to students, or to purchase loans in ‘‘and the term ‘early intervention services’ has (B) in the first sentence of subparagraph accordance with section 428F(a).’’. the meaning given the term in section 632 of (B)(i), by striking ‘‘1954’’ and inserting ‘‘1986’’; (b) OTHER AMENDMENTS.—Part D of title IV such Act.’’. and (20 U.S.C. 1087a et seq.) is amended— SEC. 406. NEED ANALYSIS. (C) in the second sentence of subparagraph (1) by repealing paragraph (3) of section 453(c) (a) AMENDMENTS.—Part F of title IV (20 (F), by striking ‘‘427A(f)’’ and inserting (20 U.S.C. 1087c(c)); U.S.C. 1087kk et seq.) is amended— ‘‘427A(i)’’. (2) in section 455 (20 U.S.C. 1087e)— (1) in section 473 (20 U.S.C. 1087mm)— SEC. 403. FEDERAL WORK-STUDY PROGRAMS. (A) in subsection (d)(1)(C), by striking (A) by striking ‘‘For the purpose of this title, Section 443 (42 U.S.C. 2753) is amended— ‘‘428(b)(9)(A)(v)’’ and inserting except subpart 2 of part A,’’ and inserting ‘‘(a) (1) in subsection (b)(2), by striking ‘‘section ‘‘428(b)(9)(A)(iv)’’; IN GENERAL.—For the purpose of this title, other 443’’ and inserting ‘‘this section’’; (B) in subsection (h), by striking ‘‘(except as than subpart 2 of part A, and except as provided (2) in subsection (d)(1), by striking ‘‘sub- authorized under section 457(a)(1))’’; and in subsection (b),’’; and section (b)(2)(B)’’ and inserting ‘‘subsection (C) in subsection (k)(1)(B), by striking ‘‘, or in (B) by adding at the end the following: (b)(2)(A)’’; and a notice under section 457(a)(1),’’; ‘‘(b) SPECIAL RULE.— (3) in subsection (e)(1), in the matter pre- (3) by repealing section 457 (20 U.S.C. 1087g); ‘‘(1) IN GENERAL.—Notwithstanding any other ceding subparagraph (A), by striking ‘‘in ac- and provision of this title, the family contribution of cordance with such subsection’’. (4) in section 460 (20 U.S.C. 1087j)— each student described in paragraph (2) shall be SEC. 404. FEDERAL DIRECT LOAN PROGRAM. (A) in subsection (c)(1), by adding at the end deemed to be zero for the academic year for (a) TEMPORARY AUTHORITY TO PURCHASE the following: ‘‘No borrower may receive a re- which the determination is made. LOANS.—Section 459A (20 U.S.C. 1087i–1) is duction of loan obligations under both this sec- ‘‘(2) APPLICABILITY.—Paragraph (1) shall amended— tion and section 428J.’’; and apply to any dependent or independent student

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 6333 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15917 with respect to determinations of need for aca- ‘‘(D) Chapter 1607 of title 10, United States (4) in section 484 (20 U.S.C. 1091)— demic year 2009–2010 and succeeding academic Code (Educational Assistance Program for Re- (A) in the matter preceding subparagraph (A) years— serve Component Members Supporting Contin- of subsection (a)(4), by striking ‘‘certification,,’’ ‘‘(A) who is eligible to receive a Federal Pell gency Operations and Certain Other Oper- and inserting ‘‘certification,’’; Grant for the academic year for which the de- ations). (B) in subsection (b)(1)(B)— termination is made; ‘‘(E) Chapter 30 of title 38, United States Code (i) by striking ‘‘have (A)’’ and inserting ‘‘have ‘‘(B) whose parent or guardian was a member (All-Volunteer Force Educational Assistance (i)’’; and of the Armed Forces of the United States and Program, also known as the ‘Montgomery GI (ii) by striking ‘‘and (B)’’ and inserting ‘‘and died as a result of performing military service in Bill—active duty’). (ii)’’; Iraq or Afghanistan after September 11, 2001; ‘‘(F) Chapter 31 of title 38, United States Code (C) in subsection (f)(1), by striking ‘‘part B’’ and (Training and Rehabilitation for Veterans with and all that follows through ‘‘part E’’ in each ‘‘(C) who, at the time of the parent or guard- Service-Connected Disabilities). place that the phrase occurs and inserting ‘‘part ian’s death, was— ‘‘(G) Chapter 32 of title 38, United States Code B, part D, or part E’’; ‘‘(i) less than 24 years of age; or (Post-Vietnam Era Veterans’ Educational As- (D) in subsection (h)— ‘‘(ii) enrolled at an institution of higher edu- sistance Program). (i) in paragraph (2), by striking ‘‘(h)(4)(A)(i)’’ cation on a part-time or full-time basis. ‘‘(H) Chapter 33 of title 38, United States Code and inserting ‘‘(g)(4)(A)(i)’’; and ‘‘(3) INFORMATION.—Notwithstanding any (Post-9/11 Educational Assistance). (ii) in paragraph (3), by striking other provision of law, the Secretary of Veterans ‘‘(I) Chapter 35 of title 38, United States Code ‘‘(h)(4)(B)(i)’’ and inserting ‘‘(g)(4)(B)(i)’’; and Affairs and the Secretary of Defense, as appro- (Survivors’ and Dependents’ Educational Assist- (E) in subsection (n), by striking ‘‘section 1113 priate, shall provide the Secretary of Education ance Program). of Public Law 97–252’’ and inserting ‘‘section with information necessary to determine which ‘‘(J) Section 903 of the Department of Defense 12(f) of the Military Selective Service Act (50 students meet the requirements of paragraph Authorization Act, 1981 (10 U.S.C. 2141 note) U.S.C. App. 462(f))’’; (2).’’; (Educational Assistance Pilot Program). (5) in section 485 (20 U.S.C. 1092)— (2) in section 475(c)(5)(B) (20 U.S.C. ‘‘(K) Section 156(b) of the ‘Joint Resolution (A) in subsection (a)— 1087oo(c)(5)(B)), by inserting ‘‘of 1986’’ after making further continuing appropriations and (i) in paragraph (1)— ‘‘Code’’; providing for productive employment for the fis- (I) the matter preceding subparagraph (A), by (3) in section 477(b)(5)(B) (20 U.S.C. cal year 1983, and for other purposes’ (42 U.S.C. striking ‘‘also referred to as the Family Edu- 1087qq(b)(5)(B)), by inserting ‘‘of 1986’’ after 402 note) (Restored Entitlement Program for cational Rights and Privacy Act of 1974’’ and ‘‘Code’’; Survivors, also known as ‘Quayle benefits’). inserting ‘‘commonly known as the ‘Family (4) in section 479 (20 U.S.C. 1087ss)— ‘‘(L) The provisions of chapter 3 of title 37, Educational Rights and Privacy Act of 1974’ ’’; (A) in subsection (b) (as amended by section United States Code, related to subsistence allow- and 602 of the College Cost Reduction and Access ances for members of the Reserve Officers Train- (II) in subparagraph (I), by striking ‘‘handi- Act (Public Law 110–84))— ing Corps.’’; and capped students’’ and inserting ‘‘students with (8) in section 480(j)(1) (20 U.S.C. 1087vv(j)(1)), (i) in paragraph (1)(A)(i), by amending sub- disabilities’’; by striking ‘‘12571’’ and inserting ‘‘12511’’. clause (III) to read as follows: (ii) in paragraph (4)(B), by inserting ‘‘during (b) EFFECTIVE DATE.—The amendments made ‘‘(III) include at least one parent who is a dis- which’’ after ‘‘time period’’; and by— located worker; or’’; and (iii) in the matter preceding subclause (I) of (1) paragraph (1) of subsection (a) shall take (ii) in paragraph (1)(B)(i), by amending subparagraph (7)(B)(iv), by inserting ‘‘education’’ effect on July 1, 2009; and clause (III) to read as follows: (2) paragraph (4) of such subsection shall be after ‘‘higher’’; ‘‘(III) is a dislocated worker or has a spouse effective as if enacted as part of the amend- (B) in subsection (e)(3)(B), by inserting ‘‘dur- who is a dislocated worker; or’’; and ments in section 602(a) of the College Cost Re- ing which’’ after ‘‘time period’’; (B) in subsection (c) (as amended by such sec- duction and Access Act (Public Law 110–84), (C) in subsection (f)— tion 602)— and shall take effect on July 1, 2009. (i) in the matter preceding subparagraph (A) (i) in paragraph (1)(A), by amending clause of paragraph (1), by inserting ‘‘of’’ after ‘‘for- (c) HIGHER EDUCATION OPPORTUNITY ACT.— (iii) to read as follows: Section 473(f) of the Higher Education Oppor- eign institution’’; and ‘‘(iii) include at least one parent who is a dis- tunity Act (Public Law 110–315) is amended by (ii) in paragraphs (3), (4)(A), (5), and (8)(A), located worker; or’’; and inserting ‘‘, except that the amendments made in by striking ‘‘under this title’’ each place it ap- (ii) in paragraph (2)(A), by amending clause subsection (e) shall take effect on July 1, 2009’’ pears and inserting ‘‘under this title, other than (iii) to read as follows: before the period at the end. a foreign institution of higher education,’’; ‘‘(iii) is a dislocated worker or has a spouse (D) in subsection (g)(2), by striking ‘‘subpara- SEC. 407. GENERAL PROVISIONS OF TITLE IV. who is a dislocated worker; or’’; graph (G)’’ and inserting ‘‘paragraph (1)(G)’’; (a) DELAYED IMPLEMENTATION OF EZ (5) in section 479C (20 U.S.C. 1087uu–1)— (E) in subsection (i)— FAFSA.—Notwithstanding any other provision (A) in paragraph (1), by striking ‘‘under’’ and (i) in paragraph (2), by striking ‘‘eligible insti- of law, the Secretary of Education shall be re- all that follows through ‘‘; and’’ and inserting tution participating in any program under this quired to carry out the requirements under the ‘‘under Public Law 98–64 (25 U.S.C. 117a et seq.; title’’ and inserting ‘‘institution described in following provisions of section 483 of the Higher 97 Stat. 365) (commonly known as the ‘Per Cap- paragraph (1)’’; Education Act of 1965 (20 U.S.C. 1090) only for ita Act’) or the Indian Tribal Judgment Funds (ii) in paragraph (3), in the matter preceding academic year 2010–2011 and subsequent aca- Use or Distribution Act (25 U.S.C. 1401 et seq.); subparagraph (A), by striking ‘‘eligible institu- demic years: and’’; and tion participating in any program under this (1) In subsection (a) of such section— (B) in paragraph (2)— title’’ and inserting ‘‘institution described in (A) subparagraphs (A)(i) and (B) of para- (i) by striking ‘‘Alaskan’’ and inserting ‘‘Alas- paragraph (1)’’; and graph (2); ka’’; (iii) in paragraph (5)(B), by striking ‘‘the (B) in paragraph (3)— (ii) by inserting ‘‘(43 U.S.C. 1601 et seq.)’’ be- (i) the second sentence of subparagraph (A); Family Educational Rights and Privacy Act of fore ‘‘or the’’; and (ii) clauses (i) and (ii) of subparagraph (B); 1974’’ and inserting ‘‘commonly known as the (iii) by inserting ‘‘of 1980 (25 U.S.C. 1721 et and ‘Family Educational Rights and Privacy Act of seq.)’’ after ‘‘Maine Indian Claims Settlement (iii) subparagraph (C); 1974’ ’’; Act’’; (C) paragraph (4)(A)(iv); and (F) in subsection (k)(2), by inserting ‘‘section’’ (6) in section 480(a)(2) (20 U.S.C. 1087vv(a)(2)), (D) paragraph (5)(E). before ‘‘484(r)(1)’’; and by striking ‘‘12571’’ and inserting ‘‘12511’’; (2) Subsection (h) of such section. (G) in the matter preceding clause (i) of sub- (7) in section 480(c)(2) (20 U.S.C. (b) OTHER AMENDMENTS.—Part G of title IV section (l)(1)(A), by striking ‘‘subparagraph 1087vv(c)(2))— (20 U.S.C. 1088 et seq.) is amended— (B)’’ and inserting ‘‘paragraph (2)’’; (A) in the matter preceding subparagraph (A), (1) in the matter preceding paragraph (1) of (6) in section 485A (20 U.S.C. 1092a)— by striking ‘‘the following’’ and inserting ‘‘bene- section 481(c) (20 U.S.C. 1088(c)), by striking ‘‘or (A) in subsection (a)— fits under the following provisions of law’’; and any State, or private, profit or nonprofit organi- (i) by striking ‘‘or defined in subpart I of part (B) by striking subparagraphs (A) through (J) zation’’ and inserting ‘‘any State, or any pri- C of title VII of the Public Health Service Act’’ and inserting the following: vate, for-profit or nonprofit organization,’’; and inserting ‘‘or an eligible lender as defined ‘‘(A) Chapter 103 of title 10, United States (2) in section 482(b) (20 U.S.C. 1089(b)), by in section 719 of the Public Health Service Act Code (Senior Reserve Officers’ Training Corps). striking ‘‘413D(e), 442(e), or 462(j)’’ and insert- (42 U.S.C. 292o)’’; and ‘‘(B) Chapter 106A of title 10, United States ing ‘‘413D(d), 442(d), or 462(i)’’; (ii) by striking ‘‘under subpart I of part C of Code (Educational Assistance for Persons En- (3) in section 483 (20 U.S.C. 1090)— title VII of the Public Health Service Act listing for Active Duty). (A) in subsection (a)(3)(C), by inserting (known as Health Education Assistance ‘‘(C) Chapter 1606 of title 10, United States ‘‘that’’ after ‘‘except’’; and Loans)’’ and inserting ‘‘under part A of title VII Code (Selected Reserve Educational Assistance (B) in subsection (e)(8)(A), by striking ‘‘iden- of the Public Health Service Act (42 U.S.C. 292 Program). tify’’ and inserting ‘‘determine’’; et seq.)’’;

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(B) in subsection (b), by striking ‘‘subpart I of (B) in paragraph (2), by striking ‘‘ISSUES’’ time basis as determined by the institution, with part C of title VII of the Public Health Service and all that follows through ‘‘provide’’ and in- such participation focusing on academic compo- Act’’ and inserting ‘‘part A of title VII of the serting ‘‘ISSUES.—The Secretary shall provide’’. nents, and occurring through 1 or more of the Public Health Service Act (42 U.S.C. 292 et SEC. 408. PROGRAM INTEGRITY. following activities: seq.)’’; Part H of title IV (20 U.S.C. 1099a et seq.) is ‘‘(i) Regular enrollment in credit-bearing (C) in subsection (e)— amended— courses with nondisabled students offered by the (i) by striking ‘‘Health Education Assistance (1) in section 496(a)(6)(G) (20 U.S.C. institution. Loan’’ and inserting ‘‘loan under part A of title 1099b(a)(6)(G)), by striking the period at the end ‘‘(ii) Auditing or participating in courses with VII of the Public Health Service Act (42 U.S.C. and inserting a semicolon; and nondisabled students offered by the institution 292 et seq.)’’; and (2) in section 498(c)(2) (20 U.S.C. 1099c(c)(2)), for which the student does not receive regular (ii) in paragraph (2), by striking ‘‘733(e)(3)’’ by striking ‘‘for profit’’ and inserting ‘‘for-prof- academic credit. and inserting ‘‘707(e)(3)’’; and it’’. ‘‘(iii) Enrollment in noncredit-bearing, non- (D) in subsection (f)— SEC. 409. WAIVER OF MASTER CALENDAR AND NE- degree courses with nondisabled students. (i) in paragraph (1)— GOTIATED RULEMAKING REQUIRE- ‘‘(iv) Participation in internships or work- (I) in the second sentence, by striking ‘‘sub- MENTS. based training in settings with nondisabled indi- part I of part C of title VII of the Public Health Sections 482 and 492 of the Higher Education viduals. Service Act’’ and inserting ‘‘part A of title VII Act of 1965 (20 U.S.C. 1089, 1098a) shall not ‘‘(E) Requires students with intellectual dis- of the Public Health Service Act (42 U.S.C. 292 apply to the amendments made by this title, or abilities to be socially and academically inte- et seq.)’’; and to any regulations promulgated under those grated with non-disabled students to the max- (II) in the fourth sentence, by striking amendments. imum extent possible.’’; ‘‘728(a)’’ and inserting ‘‘710’’; and TITLE V—DEVELOPING INSTITUTIONS (5) in section 772 (20 U.S.C. 1140l)— (ii) in paragraph (2), by striking ‘‘subpart I of (A) in subsection (a)(2)(A), by striking ‘‘with part C of title VII of the Public Health Service SEC. 501. DEVELOPING INSTITUTIONS. Section 502(b)(2) (20 U.S.C. 1101a(b)(2)) is in’’ and inserting ‘‘with’’; and Act’’ and inserting ‘‘part A of title VII of the (B) in the matter preceding subclause (I) of amended by striking ‘‘which determination’’ Public Health Service Act (42 U.S.C. 292 et subsection (b)(1)(C)(ii), by striking ‘‘subpara- and inserting ‘‘which the determination’’. seq.)’’; graph (C)’’ and inserting ‘‘clause (i)’’; (7) in section 485B (20 U.S.C. 1092b)— TITLE VI—INTERNATIONAL EDUCATION (6) in section 781 (20 U.S.C. 1141)— (A) in subsection (a)(5), by striking ‘‘))’’ and PROGRAMS (A) in subsection (c)(1), by striking ‘‘Service’’ inserting ‘‘)’’; and SEC. 601. INTERNATIONAL EDUCATION PRO- each place the term appears and inserting (B) in subsection (d)(3)(D), by striking ‘‘the GRAMS. ‘‘Services’’; Family Educational Rights and Privacy Act of (a) HIGHER EDUCATION ACT OF 1965.—Title VI (B) in the matter preceding paragraph (1) of 1974’’ and inserting ‘‘commonly known as the (20 U.S.C. 1121 et seq.) is amended— subsection (e)— ‘Family Educational Rights and Privacy Act of (1) in section 604(a) (20 U.S.C. 1124(a))— (i) by striking ‘‘(as defined’’ and all that fol- 1974’ ’’; (A) in the matter preceding subparagraph (A) lows through ‘‘this Act)’’ and inserting ‘‘(as de- (8) in section 487 (20 U.S.C. 1094)— of paragraph (2), by inserting ‘‘the’’ before scribed in section 435(p))’’; and (A) in subsection (a)(23)(A), by inserting ‘‘of ‘‘Federal’’; and (ii) by striking ‘‘435(j)’’ and inserting 1993’’ after ‘‘Registration Act’’; (B) in paragraph (7)(D), by striking ‘‘institu- ‘‘428(b)’’; (B) in subsection (c)(1)— tion, combination’’ and inserting ‘‘applicant, (C) in subsection (g)(2), by striking ‘‘Service’’ (i) in subparagraph (A)(i), by striking ‘‘stu- consortium,’’; and and inserting ‘‘Services’’; and dents receives’’ and inserting ‘‘students re- (2) in section 622(a) (20 U.S.C. 1131–1(a)), by (D) in subsection (i)— ceive’’; inserting a period after ‘‘title’’. (i) in paragraph (1)(D), by striking ‘‘con- (ii) in subparagraph (F), by striking ‘‘para- (b) HIGHER EDUCATION OPPORTUNITY ACT.— sortia’’ and inserting ‘‘consortium’’; and graph (2)(B)’’ and inserting ‘‘paragraph The matter preceding paragraph (1) of section (ii) in paragraph (2)— (3)(B)’’; and 621 of the Higher Education Opportunity Act (I) in the paragraph heading, by striking (iii) in subparagraph (H), by striking ‘‘para- (Public Law 110–315) is amended by striking ‘‘CONSORTIA’’ and inserting ‘‘CONSORTIUM’’; and graph (2)(B)’’ and inserting ‘‘paragraph ‘‘Section 631 (20 U.S.C. 1132)’’ and inserting (II) by striking ‘‘consortia’’ each place the (3)(B)’’; ‘‘Section 631(a) (20 U.S.C. 1132(a))’’. term appears and inserting ‘‘consortium’’. (C) in subsection (f)(1), by striking ‘‘496(c)(4)’’ TITLE VII—GRADUATE AND TITLE VIII—ADDITIONAL PROGRAMS and inserting ‘‘496(c)(3)’’; and POSTSECONDARY IMPROVEMENT SEC. 801. ADDITIONAL PROGRAMS. (D) in subsection (g)(1), by striking ‘‘sub- SEC. 701. GRADUATE AND POSTSECONDARY IM- section (f)(2)’’ and inserting ‘‘subsection (e)(2)’’; PROVEMENT PROGRAMS. Title VIII (20 U.S.C. 1161a et seq.) is amend- (9) in section 487A(b) (20 U.S.C. 1094a(b))— Title VII (20 U.S.C. 1133 et seq.) is amended— ed— (A) in paragraph (1)— (1) in the matter preceding paragraph (1) of (1) in section 802(d)(2)(D) (20 U.S.C. (i) by striking ‘‘Any activities’’ and inserting section 721(d) (20 U.S.C. 1136(d)), by striking 1161b(d)(2)(D)), by striking ‘‘regulation’’ and in- ‘‘Any experimental sites’’; and ‘‘services through’’ and all that follows through serting ‘‘regulations’’; (ii) by striking ‘‘June 30, 2009’’ and inserting ‘‘resource centers’’ and inserting ‘‘services (2) in section 804(d) (20 U.S.C. 1161d(d))— ‘‘June 30, 2010’’; and through pre-college programs, undergraduate (A) in the heading, by striking ‘‘DEFINITION’’ (B) by adding at the end the following: prelaw information resource centers’’; and inserting ‘‘DEFINITIONS’’; and ‘‘(4) DETERMINATION OF SUCCESS.—For the (2) in section 723(b)(1)(P) (20 U.S.C. (B) by striking paragraph (2) and inserting purposes of paragraph (1), the Secretary shall 1136a(b)(1)(P)), by striking ‘‘Sate’’ and inserting the following: make a determination of success regarding an ‘‘State’’; ‘‘(2) PUBLIC HEALTH SERVICE ACT.—The terms institution’s participation as an experimental (3) in section 744(c)(6)(C) (20 U.S.C. ‘accredited’ and ‘school of nursing’ have the site based on— 1138c(c)(6)(C)), by inserting ‘‘of the National meanings given those terms in section 801 of the ‘‘(A) the ability of the experimental site to re- Academies’’ after ‘‘Institute of Medicine’’; Public Health Service Act (42 U.S.C. 296).’’; duce administrative burdens to the institution, (4) in section 760 (20 U.S.C. 1140), by striking (3) in section 808(a)(1) (20 U.S.C. 1161h(a)(1)), as documented in the Secretary’s biennial report paragraph (1) and inserting the following: by striking ‘‘the Family Education Rights and under paragraph (2), without creating costs for ‘‘(1) COMPREHENSIVE TRANSITION AND POST- Privacy Act of 1974’’ and inserting ‘‘section 444 the taxpayer; and SECONDARY PROGRAM FOR STUDENTS WITH INTEL- of the General Education Provisions Act (com- ‘‘(B) whether the experimental site has im- LECTUAL DISABILITIES.—The term ‘comprehen- monly known as the ‘Family Educational Rights proved the delivery of services to, or otherwise sive transition and postsecondary program for and Privacy Act of 1974’)’’; benefitted, students.’’; students with intellectual disabilities’ means a (4) in section 819(b)(3) (20 U.S.C. 1161j(b)(3)), (10) in section 489(a) (20 U.S.C. 1096(a))— degree, certificate, or nondegree program that by inserting a period after ‘‘101(a)’’; (A) in the third sentence, by striking ‘‘has meets each of the following: (5) in section 820 (20 U.S.C. 1161k)— agreed to assign under section 463(a)(6)(B)’’ and ‘‘(A) Is offered by an institution of higher (A) in subsection (d)(5), by inserting ‘‘the’’ be- inserting ‘‘has referred under section education. fore ‘‘grant’’; 463(a)(4)(B)’’; and ‘‘(B) Is designed to support students with in- (B) in subsection (f)(2), by striking ‘‘subpart’’ (B) in the fourth sentence, by striking tellectual disabilities who are seeking to con- each place the term appears and inserting ‘‘sec- ‘‘484(h)’’ and inserting ‘‘484(g)’’; tinue academic, career and technical, and inde- tion’’; and (11) in section 491(l)(2)(A) (20 U.S.C. pendent living instruction at an institution of (C) in subsection (h), by striking ‘‘use’’ and 1098(l)(2)(A)), by inserting ‘‘the’’ after ‘‘enact- higher education in order to prepare for gainful inserting ‘‘used’’; ment of’’; and employment. (6) in section 821 (20 U.S.C. 1161l)— (12) in section 492(a) (20 U.S.C. 1098a(a))— ‘‘(C) Includes an advising and curriculum (A) in subsection (a)(1), by striking ‘‘sub- (A) in paragraph (1), by striking ‘‘regula- structure. section (g)’’ and inserting ‘‘subsection (f)’’; and tions’’ and all that follows through ‘‘The’’ and ‘‘(D) Requires students with intellectual dis- (B) in subsection (c)(1)(B), by striking ‘‘with- inserting ‘‘regulations for this title. The’’; and abilities to participate on not less than a half- in’’ and inserting ‘‘in’’;

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 6333 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15919 (7) in section 824(f)(3) (20 U.S.C. 1161l– Members may revise and extend and in- member on the subcommittee, Rep- 3(f)(3))— sert extraneous material on H.R. 1777 resentative BRETT GUTHRIE of Ken- (A) in subparagraph (A), by inserting ‘‘a’’ into the RECORD. tucky, for expediting this legislation after ‘‘submitting’’; and (B) in subparagraph (C), by striking The SPEAKER pro tempore. Is there and helping us make these needed cor- ‘‘pursing’’ and inserting ‘‘pursuing’’; objection to the request of the gen- rections in a bipartisan manner. (8) in section 825(a) (20 U.S.C. 1161l–4(a)), by tleman from Texas? I urge all my colleagues to vote striking ‘‘the Family Educational Rights and There was no objection. ‘‘yes’’ on H.R. 1777. Privacy Act of 1974’’ and inserting ‘‘commonly Mr. HINOJOSA. I yield myself such I reserve the balance of my time. known as the ‘Family Educational Rights and time as I may consume. Mr. THOMPSON of Pennsylvania. I Privacy Act of 1974’ ’’; Mr. Speaker, I rise today in support rise in support of this legislation, and I (9) in section 826(3) (20 U.S.C. 1161l–5(3)), by of H.R. 1777, a bill to make technical yield myself such time as I may con- striking ‘‘the Family Educational Rights and corrections to H.R. 4137, which is the sume. Privacy Act of 1974’’ and inserting ‘‘commonly known as the ‘Family Educational Rights and Higher Education Act. The House easily passed this bill Privacy Act of 1974’ ’’; Mr. Speaker, the House originally under suspension at the end of March (10) in section 830(a)(1)(B) (20 U.S.C. passed this legislation on March 30, and, as often happens with the legisla- 1161m(a)(1)(B)), by striking ‘‘of for’’ and insert- 2009. This is a revised version from the tive process, when it went to the Sen- ing ‘‘of’’; Senate. The Senate made additional ate, a few changes were made. There- (11) in section 833(e)(1) (20 U.S.C. 1161n– conforming and technical changes, in- fore, we are here again today simply to 2(e)(1))— cluding a scholarship program for stu- give final approval to a bill we have al- (A) in the matter preceding subparagraph (A), by striking ‘‘because of’’ and inserting ‘‘based dents whose parent or guardian was a ready supported, and rightfully so. on’’; and member of the Armed Forces of the The primary purpose of this legisla- (B) in subparagraph (D), by striking ‘‘pur- United States and died as a result of tion is to make technical changes to poses of this section’’ and inserting ‘‘purpose of performing military service in Iraq or ensure smooth implementation of the this part’’; Afghanistan after September 11, 2001, bipartisan higher education reforms (12) in section 841(c)(1) (20 U.S.C. 1161o(c)(1)), clarifying the ‘‘experimental site’’ au- enacted last year. Second, it addresses by striking ‘‘486A(d)’’ and inserting thority at the Department of Edu- a pressing issue facing the Federal stu- ‘‘486A(b)(1)’’; dent loan programs. And third, the leg- (13) in section 851(j) (20 U.S.C. 1161p(j)), by cation. Let me explain some of these inserting ‘‘to be appropriated’’ after ‘‘author- changes. islation includes a provision to assist ized’’; and Currently, borrowers may rehabili- students who have lost a parent to the (14) in section 894(b)(2) (20 U.S.C. 1161y(b)(2)), tate their defaulted Federal student wars in Iraq and Afghanistan. by striking ‘‘the Family Educational Rights and loans by making nine on-time pay- The technical corrections are just Privacy Act of 1974’’ and inserting ‘‘commonly ments. Once they meet this threshold, that, clarifications needed to ensure known as the ‘Family Educational Rights and the guaranty agency may sell the loan that the first comprehensive renewal of Privacy Act of 1974’ ’’. to a lender, which results in the default higher education programs in a decade SEC. 802. AMENDMENTS TO OTHER HIGHER EDU- being removed from the borrowers’ can be put into place as Congress in- CATION ACTS. (a) HIGHER EDUCATION AMENDMENTS OF credit reports. tended. The legislation will also help 1998.— Mr. Speaker, because of the current student loan borrowers who have fallen (1) INCARCERATED INDIVIDUALS.—Section credit crunch, guaranty agencies have behind to rebuild their damaged credit 821(h) of the Higher Education Amendments of been unable to find lenders for these by making these loans eligible for 1998 (20 U.S.C. 1151(h)) is amended to read as loans. The bill amends the loan to emergency liquidity measures enacted follows: allow those loans qualified for rehabili- last fall. It’s a simple change that will ‘‘(h) ALLOCATION OF FUNDS.— tation to be assigned to the Depart- make a real difference for borrowers ‘‘(1) FISCAL YEAR 2009.—From the funds appropriated pursuant to subsection (i) for fiscal year ment of Education for this purpose. who are just trying to do the right 2009, the Secretary shall allot to each State an The bill makes three changes to the thing by restarting regular payments amount that bears the same relationship to such exemption of veterans’ assistance in on their Federal student loans. funds as the total number of incarcerated indi- the calculation of the Federal financial The other change we are making in viduals described in paragraphs (1) and (2) of aid. The first is to clarify that assist- this bill is also important for a dif- subsection (e) in the State bears to the total ance under the Montgomery GI Bill is ferent set of students, students who number of such individuals in all States. included in exempted veterans’ bene- have suffered a terrible loss but who ‘‘(2) FUTURE FISCAL YEARS.—From the funds fits, and the second is to move the date have continued to move forward to appropriated pursuant to subsection (i) for each fiscal year after fiscal year 2009, the Secretary of the exemption of veterans’ benefits achieve a postsecondary education. shall allot to each State an amount that bears from the calculation of the estimated And I’m talking about the students the same relationship to such funds as the total financial assistance from July 1, 2010, who have lost a parent due to the mili- number of students eligible under subsection (e) to July 1, 2009. tary action taking place in Iraq and Af- in such State bears to the total number of such The third change is to provide schol- ghanistan. students in all States.’’. arships in the amount of the maximum The Higher Education Act reauthor- (2) UNDERGROUND RAILROAD.—Section 841(c) Pell Grant award to students whose ization bill that was passed by this of the Higher Education Amendments of 1998 (20 parent or guardian was a member of body last Congress included a provision U.S.C. 1153(c)) is amended by inserting ‘‘this section’’ after ‘‘to carry out’’. the Armed Forces of the United States that would allow Pell-eligible students (b) EDUCATION OF THE DEAF ACT OF 1986.— and died as a result of performing mili- to automatically receive the maximum Section 203(b)(2) of the Education of the Deaf tary service in Iraq or Afghanistan Pell Grant if one of their parents died Act of 1986 (20 U.S.C. 4353(b)(2)) is amended by after September 11, 2001. as a result of their military service in striking ‘‘and subsections (b) and (c) of section The bill ensures the continuation of Iraq or Afghanistan. The legislation be- 209.’’ and inserting ‘‘and subsections (a), (b), the Department of Education’s ‘‘experi- fore us today extends a similar benefit and (c) of section 209.’’. mental site’’ program on existing cam- to students who may fall outside of the The SPEAKER pro tempore. Pursu- puses for another year and defines a income limits placed on the Pell Grant ant to the rule, the gentleman from successful program as one that reduces program but who have also suffered the Texas (Mr. HINOJOSA) and the gen- administrative cost and increases stu- same type of loss. tleman from Pennsylvania (Mr. THOMP- dent services, without additional cost Under this legislation, all students SON) each will control 20 minutes. to the government. who have lost a soldier-parent as a di- The Chair recognizes the gentleman In closing, Mr. Speaker, I would like rect result of fighting in the war in from Texas. to thank our committee chairman, Iraq and Afghanistan will be eligible GENERAL LEAVE Representative GEORGE MILLER from for a grant. The parents of these stu- Mr. HINOJOSA. Mr. Speaker, I re- California, and our ranking member, dents have given their lives in service quest 5 legislative days during which JOHN KLINE, along with our ranking to our country.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15920 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 A college student who loses a parent b 1833 Doyle Kosmas Platts in the war loses so much more than we Dreier Kratovil Poe (TX) AFTER RECESS Driehaus Kucinich Polis (CO) can fathom. These students will not Duncan Lamborn Pomeroy have their parent around to move into The recess having expired, the House Edwards (MD) Lance Posey their first dorm room or hear com- was called to order by the Speaker pro Edwards (TX) Langevin Price (GA) Ehlers Larson (CT) Price (NC) plaints about cafeteria food. They will tempore (Mr. JACKSON of Illinois) at 6 Ellison Latham Putnam not have their parent’s consolation and o’clock and 33 minutes p.m. Ellsworth LaTourette Quigley encouragement to continue even after Emerson Latta Rahall a poor test grade or a difficult pro- f Engel Lee (CA) Rangel Eshoo Lee (NY) Rehberg fessor. Of course, these students who ANNOUNCEMENT BY THE SPEAKER Etheridge Levin Reichert lose a parent in Iraq or Afghanistan PRO TEMPORE Fallin Lewis (CA) Reyes will not have the financial support of Farr Linder Richardson their parent in this time of rising col- The SPEAKER pro tempore. Pursu- Fattah Lipinski Rodriguez ant to clause 8 of rule XX, proceedings Filner LoBiondo Roe (TN) lege costs and economic uncertainty. Flake Loebsack Rogers (AL) While this legislation does not pro- will resume on motions to suspend the Fleming Lofgren, Zoe Rogers (KY) vide students with the same type of rules previously postponed. Forbes Lowey Rogers (MI) support a parent could provide, I hope Votes will be taken in the following Fortenberry Lucas Rohrabacher order: S. 407, by the yeas and nays; Foster Luetkemeyer Rooney it will ease the financial burden of pay- Foxx Luja´ n Ros-Lehtinen ing for college just a little bit. H.R. 1016, de novo; H.R. 1211, by the Frank (MA) Lungren, Daniel Roskam The legislation before us easily yeas and nays; H.R. 1172, by the yeas Franks (AZ) E. Ross passed the House once. I hope for a and nays; concurring in the Senate Frelinghuysen Lynch Rothman (NJ) Fudge Mack Roybal-Allard similar result again, and I urge my col- amendment to H.R. 1777, de novo. Gallegly Maffei Royce leagues to join me in voting ‘‘yes’’ on The first electronic vote will be con- Garrett (NJ) Maloney Ruppersberger this legislation. ducted as a 15-minute vote. Remaining Gerlach Manzullo Rush I yield back the balance of my time. electronic votes will be conducted as 5- Giffords Marchant Ryan (OH) Mr. HINOJOSA. Mr. Speaker, I have Gingrey (GA) Markey (CO) Ryan (WI) minute votes. Gohmert Markey (MA) Salazar no other speakers, and I yield back the Gonzalez Marshall Sa´ nchez, Linda balance of my time. f Goodlatte Massa T. Gordon (TN) Matheson Sanchez, Loretta The SPEAKER pro tempore. The VETERANS’ COMPENSATION COST- question is on the motion offered by Granger Matsui Sarbanes OF-LIVING ADJUSTMENT ACT OF Graves McCarthy (CA) Scalise the gentleman from Texas (Mr. HINO- 2009 Grayson McCaul Schakowsky JOSA) that the House suspend the rules Green, Al McClintock Schauer and concur in the Senate amendment The SPEAKER pro tempore. The un- Green, Gene McCollum Schiff to the bill, H.R. 1777. finished business is the vote on the mo- Griffith McCotter Schmidt Guthrie McDermott Schrader The question was taken. tion to suspend the rules and pass the Hall (NY) McGovern Schwartz The SPEAKER pro tempore. In the bill, S. 407, on which the yeas and nays Hall (TX) McHugh Scott (GA) opinion of the Chair, two-thirds being were ordered. Halvorson McIntyre Scott (VA) in the affirmative, the ayes have it. The Clerk read the title of the bill. Hare McKeon Sensenbrenner Harman McMahon Serrano Mr. THOMPSON of Pennsylvania. The SPEAKER pro tempore (Mr. Harper McMorris Sessions Mr. Speaker, I object to the vote on the ROSS). The question is on the motion Hastings (FL) Rodgers Sestak ground that a quorum is not present offered by the gentleman from Cali- Heinrich McNerney Sherman and make the point of order that a Heller Meek (FL) Shimkus fornia (Mr. FILNER) that the House sus- Hensarling Meeks (NY) Shuster quorum is not present. pend the rules and pass the bill, S. 407. Herger Melancon Simpson The SPEAKER pro tempore. Pursu- The vote was taken by electronic de- Herseth Sandlin Mica Sires ant to clause 8 of rule XX and the vice, and there were—yeas 403, nays 0, Hill Michaud Skelton Chair’s prior announcement, further Himes Miller (FL) Slaughter not voting 30, as follows: Hinchey Miller (MI) Smith (NE) proceedings on this motion will be [Roll No. 419] Hinojosa Miller (NC) Smith (NJ) postponed. Hirono Miller, Gary Smith (TX) YEAS—403 The point of no quorum is considered Hodes Miller, George Smith (WA) withdrawn. Abercrombie Bono Mack Childers Hoekstra Minnick Snyder Ackerman Boozman Clarke Holden Mitchell Souder f Aderholt Boren Clay Holt Moore (KS) Space Adler (NJ) Boswell Cleaver Honda Moore (WI) Speier PERMISSION FOR COMMITTEE ON Akin Boucher Clyburn Hoyer Moran (KS) Spratt ARMED SERVICES TO FILE SUP- Alexander Boustany Coble Hunter Moran (VA) Stark PLEMENTAL REPORT ON H.R. Altmire Brady (PA) Coffman (CO) Inglis Murphy (CT) Stearns 2647, NATIONAL DEFENSE AU- Andrews Bright Cohen Inslee Murphy (NY) Stupak Arcuri Broun (GA) Cole Israel Murphy, Patrick Sutton THORIZATION ACT FOR FISCAL Austria Brown (SC) Conaway Issa Murphy, Tim Tanner YEAR 2010 Baca Brown, Corrine Connolly (VA) Jackson (IL) Murtha Tauscher Bachmann Brown-Waite, Cooper Jackson-Lee Myrick Taylor Mr. SKELTON. Mr. Speaker, I ask Bachus Ginny Costello (TX) Nadler (NY) Teague unanimous consent that the Com- Baird Buchanan Courtney Jenkins Napolitano Terry mittee on Armed Services be author- Baldwin Burgess Crenshaw Johnson (GA) Neal (MA) Thompson (CA) ized to file a supplemental report on Barrett (SC) Burton (IN) Crowley Johnson (IL) Neugebauer Thompson (MS) Barrow Butterfield Cuellar Johnson, E. B. Nunes Thompson (PA) the bill, H.R. 2647. Bartlett Buyer Culberson Johnson, Sam Nye Thornberry The SPEAKER pro tempore. Is there Barton (TX) Calvert Cummings Jones Oberstar Tiahrt objection to the request of the gen- Bean Camp Dahlkemper Jordan (OH) Obey Tiberi tleman from Missouri? Becerra Cantor Davis (CA) Kagen Olson Tierney Berkley Cao Davis (IL) Kanjorski Olver Titus There was no objection. Berman Capito Davis (KY) Kaptur Ortiz Tonko f Berry Capps Davis (TN) Kildee Pallone Towns Biggert Capuano Deal (GA) Kilpatrick (MI) Pascrell Tsongas RECESS Bilbray Cardoza DeFazio Kilroy Pastor (AZ) Turner The SPEAKER pro tempore. Pursu- Bilirakis Carnahan Delahunt Kind Paul Upton Bishop (GA) Carney DeLauro King (IA) Pence Van Hollen ant to clause 12(a) of rule I, the Chair Bishop (NY) Carson (IN) Dent King (NY) Perlmutter Vela´ zquez declares the House in recess subject to Bishop (UT) Carter Diaz-Balart, L. Kingston Perriello Visclosky the call of the Chair. Blackburn Cassidy Diaz-Balart, M. Kirk Peters Walden Accordingly (at 1 o’clock and 13 min- Blumenauer Castle Dicks Kirkpatrick (AZ) Peterson Walz Boccieri Castor (FL) Dingell Kissell Petri Wamp utes p.m.), the House stood in recess Boehner Chaffetz Doggett Klein (FL) Pingree (ME) Wasserman subject to the call of the Chair. Bonner Chandler Donnelly (IN) Kline (MN) Pitts Schultz

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15921 Waters Westmoreland Wolf Capito Hare McGovern Schwartz Stearns Walden Watson Wexler Yarmuth Capps Harman McHugh Scott (GA) Stupak Walz Watt Whitfield Young (AK) Capuano Harper McIntyre Scott (VA) Sutton Wamp Waxman Wilson (OH) Young (FL) Cardoza Hastings (FL) McKeon Sensenbrenner Tanner Wasserman Weiner Wilson (SC) Carnahan Hastings (WA) McMahon Serrano Tauscher Schultz Welch Wittman Carney Heinrich McMorris Sessions Taylor Waters Carson (IN) Heller Rodgers Sestak Teague NOT VOTING—30 Watson Carter Hensarling McNerney Sherman Terry Watt Cassidy Herger Meek (FL) Shimkus Thompson (CA) Blunt Gutierrez Paulsen Waxman Castle Herseth Sandlin Meeks (NY) Shuster Thompson (MS) Boyd Hastings (WA) Payne Weiner Brady (TX) Higgins Radanovich Castor (FL) Higgins Melancon Simpson Thompson (PA) Welch Braley (IA) Kennedy Schock Chaffetz Hill Mica Sires Thornberry Westmoreland Campbell Larsen (WA) Shadegg Chandler Himes Michaud Skelton Tiahrt Wexler Conyers Lewis (GA) Shea-Porter Childers Hinchey Miller (FL) Slaughter Tiberi Costa Lummis Shuler Clarke Hinojosa Miller (MI) Smith (NE) Tierney Whitfield Davis (AL) McCarthy (NY) Sullivan Clay Hirono Miller (NC) Smith (NJ) Titus Wilson (OH) DeGette McHenry Woolsey Cleaver Hodes Miller, Gary Smith (TX) Tonko Wilson (SC) Grijalva Mollohan Wu Clyburn Hoekstra Miller, George Smith (WA) Towns Wittman Coble Holden Minnick Snyder Tsongas Wolf ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Coffman (CO) Holt Mitchell Souder Turner Wu The SPEAKER pro tempore (during Cohen Honda Moore (KS) Space Upton Yarmuth the vote). There are 2 minutes remain- Cole Hoyer Moore (WI) Speier Van Hollen Young (AK) Conaway Hunter Moran (KS) Spratt Vela´ zquez Young (FL) ing in this vote. Connolly (VA) Inglis Moran (VA) Stark Visclosky Cooper Inslee Murphy (CT) b 1857 Costello Israel Murphy (NY) NOES—1 Courtney Issa Murphy, Patrick Buyer So (two-thirds being in the affirma- Crenshaw Jackson (IL) Murphy, Tim tive) the rules were suspended and the Crowley Jackson-Lee Murtha NOT VOTING—23 bill was passed. Cuellar (TX) Myrick Blunt Kennedy Radanovich The result of the vote was announced Culberson Jenkins Nadler (NY) Brady (TX) Larsen (WA) Schock Dahlkemper Johnson (GA) Napolitano Braley (IA) Lewis (GA) Shadegg as above recorded. Davis (AL) Johnson (IL) Neal (MA) Campbell Lummis Shea-Porter A motion to reconsider was laid on Davis (CA) Johnson, E. B. Neugebauer Conyers McHenry Shuler Davis (IL) Johnson, Sam Nunes the table. Costa Mollohan Sullivan Davis (KY) Jones Nye Cummings Paulsen Woolsey f Davis (TN) Jordan (OH) Oberstar Gutierrez Payne Deal (GA) Kagen Obey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE VETERANS HEALTH CARE BUDGET DeFazio Kanjorski Olson DeGette Kaptur Olver The SPEAKER pro tempore. There REFORM AND TRANSPARENCY Delahunt Kildee Ortiz are 2 minutes remaining on this vote. ACT OF 2009 DeLauro Kilpatrick (MI) Pallone Dent Kilroy Pascrell b 1906 The SPEAKER pro tempore. The un- Diaz-Balart, L. Kind Pastor (AZ) finished business is the question on Diaz-Balart, M. King (IA) Paul So (two-thirds being in the affirma- suspending the rules and passing the Dicks King (NY) Pence tive) the rules were suspended and the Dingell Kingston Perlmutter bill, H.R. 1016, as amended. Doggett Kirk Perriello bill, as amended, was passed. The Clerk read the title of the bill. Donnelly (IN) Kirkpatrick (AZ) Peters The result of the vote was announced The SPEAKER pro tempore. The Doyle Kissell Peterson as above recorded. Dreier Klein (FL) Petri The title was amended so as to read: question is on the motion offered by Driehaus Kline (MN) Pingree (ME) the gentleman from California (Mr. Duncan Kosmas Pitts ‘‘A bill to amend title 38, United States FILNER) that the House suspend the Edwards (MD) Kratovil Platts Code, to provide advance appropria- rules and pass the bill, H.R. 1016, as Edwards (TX) Kucinich Poe (TX) tions authority for certain accounts of Ehlers Lamborn Polis (CO) the Department of Veterans Affairs, amended. Ellison Lance Pomeroy The question was taken. Ellsworth Langevin Posey and for other purposes.’’. The SPEAKER pro tempore. In the Emerson Larson (CT) Price (GA) A motion to reconsider was laid on Engel Latham Price (NC) the table. opinion of the Chair, two-thirds being Eshoo LaTourette Putnam in the affirmative, the ayes have it. Etheridge Latta Quigley f RECORDED VOTE Fallin Lee (CA) Rahall Farr Lee (NY) Rangel MOMENT OF SILENCE IN MEMORY Mr. FILNER. Mr. Speaker, I demand Fattah Levin Rehberg OF FORMER REPRESENTATIVE a recorded vote. Filner Lewis (CA) Reichert PAUL A. FINO OF NEW YORK Flake Linder Reyes A recorded vote was ordered. (Mr. ENGEL asked and was given The SPEAKER pro tempore. This Fleming Lipinski Richardson Forbes LoBiondo Rodriguez permission to address the House for 1 will be a 5-minute vote. Fortenberry Loebsack Roe (TN) minute.) The vote was taken by electronic de- Foster Lofgren, Zoe Rogers (AL) Mr. ENGEL. Mr. Speaker, it is with vice, and there were—ayes 409, noes 1, Foxx Lowey Rogers (KY) Frank (MA) Lucas Rogers (MI) sadness that I announce the death of not voting 23, as follows: Franks (AZ) Luetkemeyer Rohrabacher my predecessor once removed, Con- [Roll No. 420] Frelinghuysen Luja´ n Rooney gressman Paul A. Fino of New York. Fudge Lungren, Daniel Ros-Lehtinen AYES—409 Gallegly E. Roskam When I was growing up, you think of Abercrombie Bean Boswell Garrett (NJ) Lynch Ross certain elected officials as larger than Ackerman Becerra Boucher Gerlach Mack Rothman (NJ) life. Paul Fino was certainly larger Aderholt Berkley Boustany Giffords Maffei Roybal-Allard Adler (NJ) Berman Boyd Gingrey (GA) Maloney Royce than life. He served eight terms here in Akin Berry Brady (PA) Gohmert Manzullo Ruppersberger the House, a State senator, served on Alexander Biggert Bright Gonzalez Marchant Rush the State Supreme Court, was chair- Altmire Bilbray Broun (GA) Goodlatte Markey (CO) Ryan (OH) man of the Bronx County Republican Andrews Bilirakis Brown (SC) Gordon (TN) Markey (MA) Ryan (WI) Arcuri Bishop (GA) Brown, Corrine Granger Marshall Salazar Party for many years, and one of the Austria Bishop (NY) Brown-Waite, Graves Massa Sa´ nchez, Linda people who really represented New Baca Bishop (UT) Ginny Grayson Matheson T. York. Bachmann Blackburn Buchanan Green, Al Matsui Sanchez, Loretta Bachus Blumenauer Burgess Green, Gene McCarthy (CA) Sarbanes He lived the American Dream. His fa- Baird Boccieri Burton (IN) Griffith McCarthy (NY) Scalise ther was a subway car mechanic. He Baldwin Boehner Butterfield Grijalva McCaul Schakowsky leaves his wife, Esther, of 70 years, and Barrett (SC) Bonner Calvert Guthrie McClintock Schauer his children, Lucille and Paul. Barrow Bono Mack Camp Hall (NY) McCollum Schiff Bartlett Boozman Cantor Hall (TX) McCotter Schmidt I remember growing up, he had these Barton (TX) Boren Cao Halvorson McDermott Schrader big signs that said Social Security at

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15922 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 60 and a national lottery. These were Berkley Eshoo Latta Quigley Schwartz Thornberry Berman Etheridge Lee (CA) Rahall Scott (GA) Tiahrt the things that he really believed in. Berry Fallin Lee (NY) Rangel Scott (VA) Tiberi He lived to be 95, someone that we all Biggert Farr Levin Rehberg Sensenbrenner Tierney respect and really remember and re- Bilbray Fattah Lewis (CA) Reichert Serrano Titus vere. Bilirakis Filner Linder Reyes Sessions Tonko Bishop (GA) Flake Lipinski Richardson Sestak Towns I yield to the gentleman from New Bishop (NY) Fleming LoBiondo Rodriguez Sherman Tsongas York. Bishop (UT) Forbes Loebsack Roe (TN) Shimkus Turner Mr. KING of New York. Mr. Speaker, Blackburn Fortenberry Lofgren, Zoe Rogers (AL) Shuster Upton Blumenauer Foster Lowey Rogers (KY) Simpson Van Hollen I join with Congressman ENGEL in Boccieri Foxx Lucas Rogers (MI) Sires Vela´ zquez mourning the passing of Paul Fino, Boehner Frank (MA) Luetkemeyer Rohrabacher Skelton Visclosky who among other things, was I believe Bonner Franks (AZ) Luja´ n Rooney Slaughter Walden the last elected Republican congress- Bono Mack Frelinghuysen Lungren, Daniel Ros-Lehtinen Smith (NE) Walz Boozman Fudge E. Roskam Smith (NJ) Wamp man from the Bronx. He was an out- Boren Gallegly Lynch Ross Smith (TX) Wasserman standing Congressman. He was a mem- Boswell Garrett (NJ) Mack Rothman (NJ) Smith (WA) Schultz ber of the New York State Supreme Boucher Gerlach Maffei Roybal-Allard Snyder Waters Boustany Giffords Maloney Royce Souder Watson Court. In his retirement years he Boyd Gingrey (GA) Manzullo Ruppersberger Space Watt moved to Nassau County, and he never Brady (PA) Gohmert Marchant Rush Speier Waxman lost his love and his interest for Con- Bright Gonzalez Markey (CO) Ryan (OH) Spratt Weiner gress. In fact, every year he would call Broun (GA) Goodlatte Markey (MA) Ryan (WI) Stark Welch Brown (SC) Gordon (TN) Marshall Salazar Stearns Westmoreland me to remind me to send him a pro- Brown, Corrine Granger Massa Sa´ nchez, Linda Stupak Wexler gram of the congressional baseball Brown-Waite, Graves Matheson T. Sutton Whitfield game. He loved this institution; he Ginny Grayson Matsui Sanchez, Loretta Tanner Wilson (OH) Buchanan Green, Al McCarthy (CA) Sarbanes Tauscher Wilson (SC) loved the Congress. He was a great Burgess Green, Gene McCarthy (NY) Scalise Taylor Wittman man. And for those of us old enough to Burton (IN) Griffith McCaul Schakowsky Teague Wolf remember the 1961 mayor’s race, he Butterfield Grijalva McClintock Schauer Terry Wu was the middleman on the most fa- Buyer Guthrie McCollum Schiff Thompson (CA) Yarmuth Calvert Hall (NY) McCotter Schmidt Thompson (MS) Young (AK) mous, ethnically balanced race in the Camp Hall (TX) McDermott Schrader Thompson (PA) Young (FL) history of New York of Lefkowitz, Cantor Halvorson McGovern Fino, and Gilhooley. They touched all Cao Hare McHugh NOT VOTING—25 of the ethnic bases at that time. He Capito Harman McIntyre Blunt Kennedy Radanovich Capps Harper McKeon Brady (TX) King (IA) Schock was unsuccessful in that race, but he Capuano Hastings (FL) McMahon Braley (IA) Larsen (WA) Shadegg was successful in all his others. Cardoza Hastings (WA) McMorris Campbell Lewis (GA) Shea-Porter With Mr. ENGEL, I mourn his passing. Carnahan Heinrich Rodgers Coffman (CO) Lummis Shuler Carney Heller McNerney Cohen McHenry Sullivan Mr. ENGEL. I would ask for a mo- Carson (IN) Hensarling Meek (FL) Conyers Mollohan Woolsey ment of silence in honor of Congress- Carter Herger Meeks (NY) Costa Paulsen man Paul A. Fino. Cassidy Herseth Sandlin Melancon Gutierrez Payne Castle Higgins Mica The SPEAKER pro tempore. Mem- Castor (FL) Hill Michaud ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bers will rise for a moment of silence. Chaffetz Himes Miller (FL) The SPEAKER pro tempore (during Chandler Hinchey Miller (MI) f Childers Hinojosa Miller (NC) the vote). There are 2 minutes remain- Clarke Hirono Miller, Gary ing in this vote. ANNOUNCEMENT BY THE SPEAKER Clay Hodes Miller, George PRO TEMPORE Cleaver Hoekstra Minnick b 1917 Clyburn Holden Mitchell The SPEAKER pro tempore. Without Coble Holt Moore (KS) So (two-thirds being in the affirma- objection, 5-minute voting will con- Cole Honda Moore (WI) tive) the rules were suspended and the tinue. Conaway Hoyer Moran (KS) bill, as amended, was passed. Connolly (VA) Hunter Moran (VA) The result of the vote was announced There was no objection. Cooper Inglis Murphy (CT) as above recorded. f Costello Inslee Murphy (NY) Courtney Israel Murphy, Patrick A motion to reconsider was laid on WOMEN VETERANS HEATH CARE Crenshaw Issa Murphy, Tim the table. Crowley Jackson (IL) Murtha IMPROVEMENT ACT Cuellar Jackson-Lee Myrick Stated for: The SPEAKER pro tempore. The un- Culberson (TX) Nadler (NY) Mr. COFFMAN of Colorado. Mr. Speaker, Cummings Jenkins Napolitano on rollcall No. 421, I was unavoidably de- finished business is the vote on the mo- Dahlkemper Johnson (GA) Neal (MA) tion to suspend the rules and pass the Davis (AL) Johnson (IL) Neugebauer tained. Had I been present, I would have bill, H.R. 1211, as amended, on which Davis (CA) Johnson, E. B. Nunes voted ‘‘yea.’’ Davis (IL) Johnson, Sam Nye the yeas and nays were ordered. Davis (KY) Jones Oberstar f The Clerk read the title of the bill. Davis (TN) Jordan (OH) Obey The SPEAKER pro tempore. The Deal (GA) Kagen Olson WEB SITE INCLUSION OF VA question is on the motion offered by DeFazio Kanjorski Olver SCHOLARSHIPS DeGette Kaptur Ortiz the gentleman from California (Mr. Delahunt Kildee Pallone The SPEAKER pro tempore. The un- FILNER) that the House suspend the DeLauro Kilpatrick (MI) Pascrell finished business is the vote on the mo- rules and pass the bill, H.R. 1211, as Dent Kilroy Pastor (AZ) tion to suspend the rules and pass the Diaz-Balart, L. Kind Paul amended. Diaz-Balart, M. King (NY) Pence bill, H.R. 1172, as amended, on which This will be a 5-minute vote. Dicks Kingston Perlmutter the yeas and nays were ordered. The vote was taken by electronic de- Dingell Kirk Perriello The Clerk read the title of the bill. vice, and there were—yeas 408, nays 0, Doggett Kirkpatrick (AZ) Peters The SPEAKER pro tempore. The Donnelly (IN) Kissell Peterson not voting 25, as follows: Doyle Klein (FL) Petri question is on the motion offered by [Roll No. 421] Dreier Kline (MN) Pingree (ME) the gentleman from California (Mr. Driehaus Kosmas Pitts FILNER) that the House suspend the YEAS—408 Duncan Kratovil Platts Abercrombie Andrews Baldwin Edwards (MD) Kucinich Poe (TX) rules and pass the bill, H.R. 1172, as Ackerman Arcuri Barrett (SC) Edwards (TX) Lamborn Polis (CO) amended. Aderholt Austria Barrow Ehlers Lance Pomeroy This will be a 5-minute vote. Adler (NJ) Baca Bartlett Ellison Langevin Posey The vote was taken by electronic de- Akin Bachmann Barton (TX) Ellsworth Larson (CT) Price (GA) Alexander Bachus Bean Emerson Latham Price (NC) vice, and there were—yeas 411, nays 0, Altmire Baird Becerra Engel LaTourette Putnam not voting 22, as follows:

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15923

[Roll No. 422] Murtha Rooney Stearns the gentleman from Texas (Mr. HINO- Myrick Ros-Lehtinen Stupak YEAS—411 Nadler (NY) Roskam Sutton JOSA) that the House suspend the rules Abercrombie Davis (IL) Johnson (GA) Napolitano Ross Tanner and concur in the Senate amendment Ackerman Davis (KY) Johnson (IL) Neal (MA) Rothman (NJ) Tauscher to the bill, H.R. 1777. Aderholt Davis (TN) Johnson, E. B. Neugebauer Roybal-Allard Taylor The question was taken. Adler (NJ) Deal (GA) Johnson, Sam Nunes Royce Teague Akin DeFazio Jones Nye Ruppersberger Terry The SPEAKER pro tempore. In the Alexander DeGette Jordan (OH) Oberstar Rush Thompson (CA) opinion of the Chair, two-thirds being Altmire Delahunt Kagen Obey Ryan (OH) Thompson (MS) in the affirmative, the ayes have it. Andrews DeLauro Kanjorski Olson Ryan (WI) Thompson (PA) Arcuri Dent Kaptur Olver Salazar Thornberry RECORDED VOTE Austria Diaz-Balart, L. Kildee Ortiz Sa´ nchez, Linda Tiahrt Mr. FLEMING. Mr. Speaker, I de- Baca Diaz-Balart, M. Kilpatrick (MI) Pallone T. Tiberi Bachmann Dicks Kilroy Pascrell Sanchez, Loretta Tierney mand a recorded vote. Bachus Dingell Kind Pastor (AZ) Sarbanes Titus A recorded vote was ordered. Baird Doggett King (IA) Paul Scalise Tonko The SPEAKER pro tempore. This Baldwin Donnelly (IN) King (NY) Pence Schakowsky Towns Barrett (SC) Doyle Kingston Perlmutter Schauer Tsongas will be a 5-minute vote. Barrow Dreier Kirk Perriello Schiff Turner The vote was taken by electronic de- Bartlett Driehaus Kirkpatrick (AZ) Peters Schmidt Upton vice, and there were—ayes 411, noes 0, Barton (TX) Duncan Kissell Peterson Schrader Van Hollen Bean Edwards (MD) Klein (FL) Petri Schwartz Vela´ zquez not voting 22, as follows: Becerra Edwards (TX) Kline (MN) Pingree (ME) Scott (GA) Visclosky [Roll No. 423] Berkley Ehlers Kosmas Pitts Scott (VA) Walden Berman Ellison Kratovil Platts Sensenbrenner Walz AYES—411 Berry Ellsworth Kucinich Poe (TX) Serrano Wamp Abercrombie Chandler Gohmert Biggert Emerson Lamborn Polis (CO) Sessions Wasserman Ackerman Childers Gonzalez Bilbray Engel Lance Pomeroy Sestak Schultz Aderholt Clarke Goodlatte Bilirakis Eshoo Langevin Posey Sherman Waters Adler (NJ) Clay Gordon (TN) Bishop (GA) Etheridge Larson (CT) Price (GA) Shimkus Watson Akin Cleaver Granger Bishop (NY) Fallin Latham Price (NC) Shuster Watt Alexander Clyburn Graves Bishop (UT) Farr LaTourette Putnam Simpson Waxman Altmire Coble Grayson Blackburn Fattah Latta Quigley Sires Weiner Arcuri Coffman (CO) Green, Al Blumenauer Filner Lee (CA) Rahall Skelton Welch Austria Cohen Green, Gene Boccieri Flake Lee (NY) Rangel Slaughter Westmoreland Baca Cole Griffith Boehner Fleming Levin Rehberg Smith (NE) Wexler Bachmann Conaway Grijalva Bonner Forbes Lewis (CA) Reichert Smith (NJ) Whitfield Bachus Connolly (VA) Guthrie Bono Mack Fortenberry Linder Reyes Smith (TX) Wilson (OH) Baird Cooper Hall (NY) Boozman Foster Lipinski Richardson Smith (WA) Wilson (SC) Baldwin Costello Hall (TX) Boren Foxx LoBiondo Rodriguez Snyder Wittman Barrett (SC) Courtney Halvorson Boswell Frank (MA) Loebsack Roe (TN) Souder Wolf Barrow Crenshaw Hare Boucher Franks (AZ) Lofgren, Zoe Rogers (AL) Space Wu Bartlett Crowley Harman Boustany Frelinghuysen Lowey Rogers (KY) Speier Yarmuth Barton (TX) Cuellar Harper Boyd Fudge Lucas Rogers (MI) Spratt Young (AK) Bean Culberson Hastings (FL) Brady (PA) Gallegly Luetkemeyer Rohrabacher Stark Young (FL) Becerra Cummings Hastings (WA) Bright Garrett (NJ) Luja´ n Berkley Dahlkemper Heinrich Broun (GA) Gerlach Lungren, Daniel NOT VOTING—22 Berman Davis (AL) Heller Brown (SC) Giffords E. Blunt Larsen (WA) Schock Berry Davis (CA) Hensarling Brown, Corrine Gingrey (GA) Lynch Brady (TX) Lewis (GA) Shadegg Biggert Davis (IL) Herger Brown-Waite, Gohmert Mack Braley (IA) Lummis Shea-Porter Bilbray Davis (KY) Herseth Sandlin Ginny Gonzalez Maffei Campbell McHenry Shuler Bilirakis Davis (TN) Higgins Buchanan Goodlatte Maloney Conyers Mollohan Sullivan Bishop (GA) Deal (GA) Hill Burgess Gordon (TN) Manzullo Costa Paulsen Woolsey Bishop (NY) DeFazio Himes Burton (IN) Granger Marchant Gutierrez Payne Bishop (UT) DeGette Hinchey Butterfield Graves Markey (CO) Kennedy Radanovich Blackburn Delahunt Hinojosa Buyer Grayson Markey (MA) Blumenauer DeLauro Hirono Calvert Green, Al Marshall ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boccieri Dent Hodes Camp Green, Gene Massa The SPEAKER pro tempore (during Boehner Diaz-Balart, L. Hoekstra Cantor Griffith Matheson the vote). There are 2 minutes remain- Bonner Diaz-Balart, M. Holden Cao Grijalva Matsui ing in this vote. Bono Mack Dicks Holt Capito Guthrie McCarthy (CA) Boozman Dingell Honda Capps Hall (NY) McCarthy (NY) b 1923 Boren Doggett Hoyer Capuano Hall (TX) McCaul Boswell Donnelly (IN) Hunter Cardoza Halvorson McClintock So (two-thirds being in the affirma- Boucher Doyle Inglis Carnahan Hare McCollum tive) the rules were suspended and the Boustany Dreier Inslee Carney Harman McCotter bill, as amended, was passed. Boyd Driehaus Israel Carson (IN) Harper McDermott Brady (PA) Duncan Issa Carter Hastings (FL) McGovern The result of the vote was announced Braley (IA) Edwards (MD) Jackson (IL) Cassidy Hastings (WA) McHugh as above recorded. Bright Edwards (TX) Jackson-Lee Castle Heinrich McIntyre A motion to reconsider was laid on Broun (GA) Ehlers (TX) Castor (FL) Heller McKeon the table. Brown (SC) Ellison Jenkins Chaffetz Hensarling McMahon Brown, Corrine Ellsworth Johnson (GA) Chandler Herger McMorris f Brown-Waite, Emerson Johnson (IL) Childers Herseth Sandlin Rodgers Ginny Engel Johnson, E. B. Clarke Higgins McNerney PERSONAL EXPLANATION Buchanan Eshoo Johnson, Sam Clay Hill Meek (FL) Mr. PAULSEN. Mr. Speaker, on rollcall Nos. Burgess Etheridge Jones Cleaver Himes Meeks (NY) Burton (IN) Fallin Jordan (OH) Clyburn Hinchey Melancon 419, 420, 421 and 422, my flight was delayed. Butterfield Farr Kagen Coble Hinojosa Mica Had I been present, I would have voted ‘‘yea’’ Buyer Fattah Kanjorski Coffman (CO) Hirono Michaud on all four bills. Calvert Filner Kaptur Cohen Hodes Miller (FL) Camp Flake Kildee Cole Hoekstra Miller (MI) f Cantor Fleming Kilpatrick (MI) Conaway Holden Miller (NC) HIGHER EDUCATION TECHNICAL Cao Forbes Kilroy Connolly (VA) Holt Miller, Gary Capito Fortenberry Kind Cooper Honda Miller, George CORRECTIONS Capps Foster King (IA) Costello Hoyer Minnick The SPEAKER pro tempore. The un- Capuano Foxx King (NY) Courtney Hunter Mitchell finished business is the question on Cardoza Frank (MA) Kingston Crenshaw Inglis Moore (KS) Carnahan Franks (AZ) Kirk Crowley Inslee Moore (WI) suspending the rules and concurring in Carney Frelinghuysen Kirkpatrick (AZ) Cuellar Israel Moran (KS) the Senate amendment to the bill, H.R. Carson (IN) Fudge Kissell Culberson Issa Moran (VA) 1777. Carter Gallegly Klein (FL) Cummings Jackson (IL) Murphy (CT) Cassidy Garrett (NJ) Kline (MN) Dahlkemper Jackson-Lee Murphy (NY) The Clerk read the title of the bill. Castle Gerlach Kosmas Davis (AL) (TX) Murphy, Patrick The SPEAKER pro tempore. The Castor (FL) Giffords Kratovil Davis (CA) Jenkins Murphy, Tim question is on the motion offered by Chaffetz Gingrey (GA) Kucinich

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15924 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 Lamborn Murtha Scott (GA) PERSONAL EXPLANATION The election that was held was obvi- Lance Myrick Scott (VA) Langevin Nadler (NY) Sensenbrenner Mr. CONYERS. Mr. Speaker, on June 23, ously neither free nor fair. It was Larson (CT) Napolitano Serrano 2009, I was called away on personal business. fraudulent. And the declared winner, Latham Neal (MA) Sessions President Ahmadinejad, obviously lost LaTourette Neugebauer Sestak I regret that I was not present for the following votes: the election. Latta Nunes Sherman The people of Iran deserve better, and Lee (CA) Nye Shimkus On the passage of S. 407, had I been Lee (NY) Oberstar Shuster present, I would have voted ‘‘yea.’’ I want to commend those brave people. Levin Obey Simpson On the passage of H.R. 1016, as amended, They remind me of the people in Lewis (CA) Olson Sires Tiananmen Square. They remind me of Linder Olver Skelton had I been present, I would have voted ‘‘aye.’’ Lipinski Ortiz Slaughter On the passage of H.R. 1211, as amended, the people in Prague during the Prague LoBiondo Pallone Smith (NE) had I been present, I would have voted ‘‘yea.’’ spring of 1968. They remind me of peo- Loebsack Pascrell Smith (NJ) ple everywhere who stand up against Lofgren, Zoe Pastor (AZ) Smith (TX) On the passage of H.R. 1172, as amended, Lowey Paul Smith (WA) had I been present, I would have voted ‘‘yea.’’ oppression and stand for freedom. Lucas Paulsen Snyder On the passage of concurring on a Senate I want the brave people of Iran to Luetkemeyer Pence Souder know that we in the United States are Luja´ n Perlmutter Space amendment to H.R. 1777, had I been present, I would have voted ‘‘yea.’’ with them. We support them. We are Lungren, Daniel Perriello Speier against fraudulent elections. We are E. Peters Spratt f Lynch Peterson Stark against dictatorships. We are against Mack Petri Stearns REPORT ON H.R. 2996, DEPART- mullahs ruling the country without Maffei Pingree (ME) Stupak MENT OF THE INTERIOR, ENVI- any real democracy. Maloney Pitts Sutton Manzullo Platts Tanner RONMENT, AND RELATED AGEN- And I would say to these people the Marchant Poe (TX) Tauscher CIES APPROPRIATIONS ACT, 2010 United States is with you and we are Markey (CO) Polis (CO) Taylor watching. Markey (MA) Pomeroy Teague Mr. DICKS, from the Committee on Marshall Posey Terry Appropriations, submitted a privileged f Massa Price (GA) Thompson (CA) report (Rept. No. 111–180) on the bill ABC’S HEALTH CARE COVERAGE Matheson Price (NC) Thompson (MS) (H.R. 2996) making appropriations for Matsui Putnam Thompson (PA) ONE SIDED the Department of the Interior, envi- McCarthy (CA) Quigley Thornberry (Mr. SMITH of Texas asked and was McCarthy (NY) Rahall Tiahrt ronment, and related agencies for the given permission to address the House McCaul Rangel Tiberi fiscal year ending September 30, 2010, for 1 minute and to revise and extend McClintock Rehberg Tierney and for other purposes, which was re- McCollum Reyes Titus his remarks.) McCotter Richardson Tonko ferred to the Union Calendar and or- Mr. SMITH of Texas. Madam Speak- McDermott Rodriguez Towns dered to be printed. er, tomorrow ABC News will devote an McGovern Roe (TN) Tsongas The SPEAKER pro tempore (Ms. KOS- McHugh Rogers (AL) Turner entire day of news programming to McIntyre Rogers (KY) Upton MAS). Pursuant to clause 1, rule XXI, President Obama’s health care plan. McKeon Rogers (MI) Van Hollen all points of order are reserved. ´ The network will shill for the admin- McMahon Rohrabacher Velazquez f McMorris Rooney Visclosky istration on every program from ‘‘Good Rodgers Ros-Lehtinen Walden FURTHER MESSAGE FROM THE Morning America’’ to ‘‘World News To- McNerney Roskam Walz night’’ to a prime-time town hall meet- Meek (FL) Ross Wamp SENATE Meeks (NY) Rothman (NJ) Wasserman ing broadcast from the White House. A further message from the Senate ABC will not devote time to an op- Melancon Roybal-Allard Schultz by Ms. Curtis, one of its clerks, an- Mica Royce Waters posing viewpoint and refused to air ads Michaud Ruppersberger Watson nounced that the Secretary of the Sen- critical of the administration’s health Miller (FL) Rush Watt ate informs the House that the Senate care plan. Miller (MI) Ryan (OH) Waxman is ready to receive the managers ap- Miller (NC) Ryan (WI) Weiner I joined with dozens of other Mem- Miller, Gary Salazar Welch pointed by the House for the purpose of bers of Congress to send a letter to Miller, George Sa´ nchez, Linda Westmoreland exhibiting articles of impeachment ABC News protesting this one-sided Minnick T. Wexler against Samuel B. Kent, Judge of the coverage. It is contrary to the journal- Mitchell Sanchez, Loretta Whitfield United States District Court for the Moore (KS) Sarbanes Wilson (OH) istic code of ethics, which states that a Moore (WI) Scalise Wilson (SC) Southern District of Texas, agreeably journalist’s duty is to seek truth and Moran (KS) Schakowsky Wittman to the notice communicated to the provide a fair and comprehensive ac- Moran (VA) Schauer Wolf Senate, and that at the hour of 10:00 Murphy (CT) Schiff Wu count of events and issues. Murphy (NY) Schmidt Yarmuth a.m. on Wednesday, June 24, 2009, the ABC should adhere to this code of Murphy, Patrick Schrader Young (AK) Senate will receive the honorable man- ethics and abandon its plans to broad- Murphy, Tim Schwartz Young (FL) agers on the part of the House in order cast unfair and biased coverage of the NOT VOTING—22 that they may present and exhibit the health care debate. Andrews Larsen (WA) Schock said articles of impeachment against f Blunt Lewis (GA) Shadegg the said Samuel B. Kent, Judge of the Brady (TX) Lummis Shea-Porter United States District Court of the TRIBUTE TO BILL BANKS Campbell McHenry Shuler Southern District of Texas. (Mr. TOWNS asked and was given Conyers Mollohan Sullivan Costa Payne Woolsey f permission to address the House for 1 Gutierrez Radanovich minute and to revise and extend his re- COMMENDING THE PEOPLE OF Kennedy Reichert marks.) IRAN WHO ARE DEMANDING A ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. TOWNS. Madam Speaker, I rise FREE AND FAIR ELECTION The SPEAKER pro tempore (during to pay tribute to Bill Banks, a person the vote). There are less than 2 min- (Mr. ENGEL asked and was given that really made a difference in the utes remaining in this vote. permission to address the House for 1 lives of so many. minute and to revise and extend his re- Bill Banks passed 4 days ago, and, of b 1930 marks.) course, he’s going to be really, really So (two-thirds being in the affirma- Mr. ENGEL. Madam Speaker, I want missed. So at this time I would like to tive) the rules were suspended and the to take this opportunity to commend say to his wife and to his daughter and Senate amendment was concurred in. the brave people of Iran who have been to all of those family members that, in The result of the vote was announced demonstrating in the streets of Tehran spite of the fact that we’ve lost Bill, we as above recorded. for freedom and democracy and de- can think in terms of the contribution A motion to reconsider was laid on manding that they have a free and fair that he has made and all the lives that the table. election. he’s touched.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15925 I will say that I’m just so happy that through the heart, who lay bleeding in Mr. COHEN. Madam Speaker, tonight I knew him, had an opportunity to the street as her father feverishly tried the House passed five bills, four of work with him, and to live during his to save her life. which dealt with important veterans lifetime. He was really a person that No, Americans are not trying to tell issues, veterans compensation, the reached out to the people of Brooklyn. the Iranian people whom they should Cost-of-Living Adjustment Act, the And, of course, a lot of people are vote for or whether the election was, in Health Care Budget Reform and Trans- where they are today politically be- fact, a true election, a fair election. parency Act, and another that directs cause of his involvement. He was truly But we as freedom-loving people, who the Secretary of Veterans Affairs to in- a great political strategist. love democracy, who believe in our own clude on their Web site certain infor- Bill, we will miss you, but your work country that we should have fair elec- mation, one on education. is something that will live on and on tions, we are standing with them as I was a sponsor of the fifth bill that and on. they petition their government to was on the calendar, the Women Vet- stand for the right side of the issue, f erans Health Care Improvement Act, which is to ask for a new election or a with the prime sponsor being Rep- CALLING FOR THE PRESIDENT TO recount. resentative Sandlin. I was inadvert- RESCIND THE JULY 4 CELEBRA- We also ask that lives are preserved ently out of the room at the time of TION INVITATION TO IRANIAN and violence ends. We ask that the op- that vote. I would have voted ‘‘yes’’ for DIPLOMATS position be allowed to be heard. And we that bill. It’s an important bill. And (Mr. BURTON of Indiana asked and certainly ask for the ending of the interception of cell phones and the that’s why I’m a prime sponsor of it was given permission to address the and regret the fact that I missed that House for 1 minute and to revise and Internet where freedom-loving people would like to be able to speak to each vote. But I think what we did tonight extend his remarks.) other. for veterans was very important. Mr. BURTON of Indiana. Madam No, we are not advocating violence. f Speaker, the 4th of July is a holiday We’re not advocating intrusion. We are U.S. OPEN CHAMPION LUCAS that we hold very near and dear be- only advocating freedom for Iran. cause it deals with our independence GLOVER f and our desire for freedom and liberty, (Mr. INGLIS asked and was given and we celebrate that with a great deal CAP-AND-TRADE permission to address the House for 1 of awe. (Mr. FLEMING asked and was given minute.) What bothers me right now is that permission to address the House for 1 Mr. INGLIS. Madam Speaker, the up- this administration, in my opinion, is minute.) state of South Carolina is the home to violating the sanctity of that day by Mr. FLEMING. Madam Speaker, many champions and many successes. inviting Iranian diplomats to our em- word has it that the infamous cap-and- Yesterday we crowned a new one. That bassies around the world to help us cel- trade, or cap-and-tax, bill will be up for new one is the 29-year-old Greenville, ebrate the 4th of July. Let’s just look a vote this week. South Carolina, native Lucas Glover, at what Iran’s doing. Cap-and-trade, or what has been who conquered the field yesterday in Iran is still pursuing nuclear weap- more appropriately named cap-and-tax, New York to win the 109th U.S. Open ons; Ahmadinejad is still calling for would create $640 billion in new taxes Golf Championship. the destruction of Israel; Iran is still on American businesses and raise elec- With people from around the upstate tric bills by $3,100 per household per pursuing long-range missiles; Iran is glued to the action, the soft-spoken year on average. The revenue from the working to destabilize Iraq and killing Wade Hampton High School graduate new tax will be used to pay for various American soldiers; Iran is still a state and three-time All-American from social programs this administration sponsor of terror; Iran continues to Clemson University rallied from one plans to enact such as the government supply Hezbollah and Hamas, terrorist shot down to break into the big time in organizations. Now the Iranian regime takeover of our health care. Simply put, cap-and-tax will cap our the world of golf, winning his first has turned on its own citizens and major championship since joining the killed many of them in the streets. growth and trade our jobs. Companies looking to invest in our economy will PGA tour in 2004. It is unthinkable, at a time when we We have come along to celebrate the are celebrating freedom and independ- simply move overseas to escape this enormous tax increase. culmination of Lucas’ years of prepara- ence in this country, the 4th of July, If you need a tangible example of tion. His family, wife, Jennifer, and that we’re going to invite into our em- why this doesn’t work, look at Spain, close friends have been there all along, bassies people who support this kind of which has been on this plan for 10 in the good times and the bad, in the terrorism. It makes no sense. And if I years. The result: utility prices have disappointments and in the small tri- were talking to the President, I would skyrocketed, and the unemployment umphs. Yesterday they added a huge say, Mr. President, rescind that invita- rate today is 171⁄2 percent. This is our triumph, and we join them in the cele- tion. Rescind that invitation. view of the future. bration. f Experts tell us that cap-and-tax will Congratulations to our own U.S. ADVOCATING FREEDOM FOR IRAN do nothing to cap greenhouse gases, Open golf champion, Lucas Glover. but it will put the United States at a f (Ms. JACKSON-LEE of Texas asked global economic disadvantage because and was given permission to address China and India have no reason to b 1945 the House for 1 minute.) enact or follow this policy. We will put PROTECT OUR PLANET Ms. JACKSON-LEE of Texas. Madam Americans out of work but create jobs Speaker, it is evident by my col- for developing countries. (Mr. KUCINICH asked and was given league’s remarks that Iran and the di- We need a smart energy policy that permission to address the House for 1 lemma and complexity of its situation will put Americans to work, not fur- minute.) has grabbed hold of the hearts and ther squeeze the pocketbooks of this Mr. KUCINICH. Madam Speaker, we minds of Americans and freedom-lov- country’s families. all want to protect our planet, but will ing people around the world. the American Clean Energy and Secu- f What struck me was the expression rity Act of 2009 do that? I don’t think and the tragic incident that caused THE WOMEN VETERANS HEALTH so. Neda, who is now known around the CARE IMPROVEMENT ACT The pollution targets are inadequate. world as a symbol of the Iranian move- (Mr. COHEN asked and was given per- Regulatory authority is stripped from ment, to claim democracy in a free mission to address the House for 1 the EPA. The bill relies on huge num- election. A 16-year-old who was shot minute.) bers of carbon offsets. For example, it

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.000 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15926 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 says you can have 2 billion tons a year THE VETERANS ADMINISTRATION year the equipment that measured of carbon offsets, which is roughly AND GOVERNMENT RUN HEALTH whether or not the patient had re- equivalent to 30 percent of all U.S. CARE ceived proper radiation dosage was bro- greenhouse gas emissions. Recent anal- The SPEAKER pro tempore. Under a ken. Records proved that the radiation ysis suggests it might be 2026 until we previous order of the House, the gen- safety committee at the veterans hos- see the emissions decline below 2005 tleman from Texas (Mr. POE) is recog- pital knew of this problem but took no levels. nized for 5 minutes. action. The renewable targets are not strong Mr. POE of Texas. Madam Speaker, In Philadelphia, 57 of the implants enough. A recent analysis by the Union as dangerous to the public’s health and delivered too little radiation to the of Concerned Scientists indicates this well-being as government-run health prostate, either because the seeds were target provides no new renewable en- care is in Europe and Canada, we have planted in the wrong organ or were not ergy over business as usual projections. our own American example that has distributed properly inside the pros- Dirty-energy options qualify as renew- some very serious problems. Last tate. Thirty-five other cases involve able, including biomass burners and month there was a surprise inspection overdoses to other parts of the body. trash incinerators. The bill gives a sig- at Veterans Affairs clinics in the An unspecified number of patients were nificant number of pollution permits United States. The surprise inspections both underdosed in the prostate and away free. exposed that fewer than half of those overdosed somewhere else in their It opens up a carbon derivatives mar- clinics followed proper standards for body. This is a horrible way to treat ket in the U.S., and this bill would help colonoscopies. America’s veterans. establish one of the largest derivative Some mistakes could have exposed Another patient, 21-year veteran of markets in the world without adequate veterans to HIV and other diseases. Let the Air Force, had to remain in bed 6 oversight or regulation. It taxes house- me repeat: Less than half followed months with pain so severe he couldn’t holds to pay for an unproven carbon se- proper medical standards for even stand. He lost his job as a pastor questration of capture and storage colonoscopies. at a local church and all of his income, technology, and allocations for funding Since February, the VA has informed thanks again to the incompetence of for international obligations are under- 10,000 veterans in three States to get the Veterans Administration. funded. retested. More than 50 patients tested We can do better. positive for infections, including some Adding insult to injury, this 21-year with HIV. But that’s just the beginning veteran of the Air Force didn’t learn of f of the medical malpractice by the VA. the radiation injury from the Philadel- VA patients with prostate cancer phia VA hospital. He found out when he HEALTH CARE REFORM were put through their own particular sought treatment in Ohio at a hospital (Mr. PAULSEN asked and was given set of horrors. In Philadelphia, a pa- where he underwent major surgery to permission to address the House for 1 tient received a common surgical pro- treat the damage. minute and to revise and extend his re- cedure where a doctor implants dozens Because the bureaucrat regulators marks.) of radioactive seeds to attack the can- were covering up for the VA, it took a Mr. PAULSEN. Madam Speaker, Cap- cer. private hospital to not only diagnose itol Hill and the Nation are abuzz over But the doctor’s aim was more than a but treat his injury. That is right, health care reform. While there is little off. Most of the radioactive seeds, Madam Speaker, the good old private much speculation to what a reform 40 of them to be exact, ended up in the sector saved the veteran where the VA plan will look like, one thing is for patient’s healthy bladder instead of the just took a pass. sure: We must avoid any plan that prostate. The mistake was a serious The New York Times conducted its would lead to a government takeover one, and under Federal rules it was in- own examinations. They found that of health care. vestigated by the bureaucrat regu- none of the safeguards that were sup- A government takeover of health lators. The regulators allowed the doc- posed to protect veterans from poor care will stifle medical breakthroughs tor to rewrite his surgical plan to medical care had worked. They also and take away the peace of mind that make his mistake just disappear. found none of the botched implants in families around America have, know- In the private sector, somebody Philadelphia were reported properly. ing that they can get the timely treat- would have been held accountable for So the errors weren’t investigated for ment for their children, their parents this negligence, but not with govern- weeks, months and sometimes years. and themselves. We need real comment-run health care VA style. They During that time, many patients did prehensive reform that protects what cover up their errors. not know their cancer treatments were The patient had to undergo a second works and fixes what doesn’t. flawed by our government-run health radiation implant. This time the unin- We need patient-centered reform care. The regulators are now looking tended dose ended up in his rectum. where the patient is in control of their into the flawed implants in other gov- Once again, more negligence. Two own care, not politicians, not bureau- ernment-run VA hospitals in Mis- years later in 2005, the same doctor crats, not special interests. We need to sissippi and Ohio. Who knows what made the same mistake, putting more enact commonsense measures, like al- they will find out there about the way than half of the radioactive seeds in lowing small businesses to band to- government treats our veterans. gether to purchase more affordable the wrong organ, and again the bureau- coverage for their employees. And we crat regulators did not object when he Madam Speaker, the Veterans Ad- need a lower cost and focus on preven- once again rewrote his surgical plan to ministration is a government-run tion by rewarding quality over quan- cover up his mistake. health care program that treats our tity. Had the bureaucrat regulators actu- veterans cavalierly in these examples. I know we can pass real comprehen- ally done their jobs, they would have Veterans should be able to go to any sive health care reform. uncovered what the media calls a rogue doctor or any hospital to be treated cancer unit. This one Philadelphia VA and not bound and tied to VA hos- f hospital, botched 92 of 116 treatments pitals. And, also, this is a prime exam- over 6 years, then covered it up. ple of how things will be when the gov- SPECIAL ORDERS Let me repeat, Madam Speaker, the ernment takes over the health care of The SPEAKER pro tempore. Under VA government health care hospital in all Americans. Do we really want the the Speaker’s announced policy of Jan- Philadelphia medically erred in 92 of government to control our health care? uary 6, 2009, and under a previous order 116 cancer treatments. The medical Not a healthy idea for Americans or for of the House, the following Members team continued to perform these radi- veterans. will be recognized for 5 minutes each. ation implants, even though for over a And that’s just the way it is.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15927 CREATE A SAFE AND SOUND on one tonight, BlackRock. That’s a Let’s start with the good news. CREDIT SYSTEM company that isn’t a bank. And why on Our current system of financial regulation dates back to a time when everything that The SPEAKER pro tempore. Under a that one in particular? Because its current CEO Lawrence Fink coinciden- functioned as a bank looked like a bank. As previous order of the House, the gentle- long as you regulated big marble buildings woman from Ohio (Ms. KAPTUR) is rec- tally, some might say, sold Freddie with rows of tellers, you pretty much had ognized for 5 minutes. Mac its first $1 billion in collateralized things nailed down. Ms. KAPTUR. Madam Speaker, the mortgage obligations. Euromoney.com But today you don’t have to look like a first goal of our banking system, as op- states, ‘‘Larry Fink is one of the pio- bank to be a bank. As Tim Geithner, the posed to a securities system, should be neers of the mortgage-backed securi- Treasury secretary, put it in a widely cited to create a safe and sound credit sys- ties market. As a trader at [then] First speech last summer, banking is anything tem, one that promotes responsible Boston a quarter of a century ago, he that involves financing ‘‘long-term risky and savings and lending practices. In this pitched the first collateralized mort- relatively illiquid assets’’ with ‘‘very short- term liabilities.’’ Cases in point: Bear system, the availability of credit is gage obligation that Freddie Mac ever Stearns and Lehman, both of which financed crucial, and that’s what’s missing did.’’ large investments in risky securities pri- today across our country. Earlier So Larry Fink had a hand in making marily with short-term borrowing. today, Vice President JOE BIDEN held a financial instruments that have And as Mr. Geithner pointed out, by 2007 town hall meeting in the Toledo, Ohio, brought Freddie Mac and our financial more than half of America’s banking, in this area. He heard from Governor Ted system to its knees, yet the company sense, was being handled by a ‘‘parallel fi- Strickland and others that one of the he leads now profits from his mistake. nancial system’’—others call it ‘‘shadow biggest economic challenges facing Now BlackRock just won a big con- banking’’—of largely unregulated institutions. These non-bank banks, he ruefully Ohio remains an inability of businesses tract with the Federal Reserve Bank of to obtain the credit they need. The rea- noted, were ‘‘vulnerable to a classic type of New York to manage the toxic assets run, but without the protections such as de- son is because our banking system suf- of Freddie Mac and Fannie Mae in their posit insurance that the banking system has fered a heart attack last year and still collateralized mortgage obligations. in place to reduce such risks.’’ hasn’t fully recovered. It’s a mess that he help to create, but When Lehman fell, we learned just how Safe and sound credit and prudent fi- now we have hired the same man to vulnerable shadow banking was: a global run nancial behavior by individuals and in- clean it up? One question I have to ask on the system brought the world economy to stitutions should be our Nation’s finan- is how can we be sure he isn’t self-deal- its knees. cial system’s primary purpose. The ad- One thing financial reform must do, then, ing or covering up what he did in the is bring non-bank banking out of the shad- ministration’s priorities tell me it last quarter century? Some might say plans a much larger role for higher-risk ows. that relationship is a bit incestuous. The Obama plan does this by giving the securities in whatever system they are The administration’s financial regu- Federal Reserve the power to regulate any envisioning, which to me threatens latory reform proposal includes some large financial institution it deems ‘‘system- more higher-risk behavior. Banks tra- consideration for dealing with too-big- ically important’’—that is, able to create ditionally have served as inter- to-fail institutions but, rather than havoc if it fails—whether or not that institu- mediaries between people who have create an architecture that keeps risk tion is a traditional bank. Such institutions money, depositors, and those who need would be required to hold relatively large in hand, what they are doing is they amounts of capital to cover possible losses, money, borrowers. are allowing institutions like The banks’ value-added was their relatively large amounts of cash to cover BlackRock to become too big to fail. ability to loan money sensibly within possible demands from creditors, and so on. In fact, BlackRock’s assets are now parameters of $10 of loans with every And the government would have the au- larger with the purchase of Barclays thority to seize such institutions if they ap- dollar on deposit and thus sensibly and than the entire Federal Reserve system pear insolvent—the kind of power that the responsibly managing their deposits itself. So BlackRock, although not a Federal Deposit Insurance Corporation al- and collecting on the loans that they bank, is getting too big to fail, per- ready has with regard to traditional banks, were to oversee. but that has been lacking with regard to in- Wall Street’s high-risk securitization haps? Is BlackRock favoritism an ex- stitutions like Lehman or A.I.G. destroyed that system. The banks ample of how we should be rebuilding Good stuff. But what about the broader didn’t much care about making sen- our financial system? problem of financial excess? sible loans as long as they could sell Paul Krugman thinks not. He states, President Obama’s speech outlining the fi- them off somewhere. The regulators ‘‘In short, Mr. Obama has a clear vision nancial plan described the underlying prob- were not on top of this because the of what went wrong, but aside from lem very well. Wall Street developed a ‘‘culture of irresponsibility,’’ the president said. loans were off the banks’ books. So regulating shadow banking, no small thing, to be sure, his plan basically Lenders didn’t hold on to their loans, but in- why would the regulators care? These stead sold them off to be repackaged into se- loans were now somebody else’s prob- punts on the question of how to keep it curities, which in turn were sold to investors lem, not theirs. from happening all over again, pushing who didn’t understand what they were buy- Where has the epidemic of the hard decisions off to future regu- ing. ‘‘Meanwhile,’’ he said, ‘‘executive com- securitization taken us? lators.’’ pensation—unmoored from long-term per- Well, if you look at the government- Now is not the time to punt. It’s the formance or even reality—rewarded reckless- backed Freddie Mac and Fannie Mae time for reform. The time the has been ness rather than responsibility.’’ secondary markets, they became the not as ripe since Roosevelt. We really Unfortunately, the plan as released doesn’t larger purchaser of securitized mort- need a President who will lead and a live up to the diagnosis. Congress as well, not following the True, the proposed new Consumer Finan- gages. In case you forgot, its we, the cial Protection Agency would help control taxpayers, who own both Fannie Mae guidance of Wall Street, but going back abusive lending. And the proposal that lend- and Freddie Mac. to prudent lending and recreating a ers be required to hold on to 5 percent of But these securitized mortgage bod- safe and sound banking system across their loans, rather than selling everything ies bought too many bad loans, which this country. off to be repackaged, would provide some in- contributed to those institutions’ [From the New York Times, June 19, 2009] centive to lend responsibly. But 5 percent isn’t enough to deter much downfall. Who is profiting from this? OUT OF THE SHADOWS risky lending, given the huge rewards to fi- Because, yes, there are certain organi- (By Paul Krugman) zations that are profiting royally from nancial executives who book short-term the downfall of Freddie Mac and Would the Obama administration’s plan for profits. So what should be done about those financial reform do what has to be done? Yes rewards? Fannie Mae. It is not our constituents, and no. Tellingly, the administration’s executive it’s not our Treasury, which collects Yes, the plan would plug some big holes in summary of its proposals highlights ‘‘com- our tax dollars. regulation. But as described, it wouldn’t end pensation practices’’ as a key cause of the There are four entities at least that the skewed incentives that made the current crisis, but then fails to say anything about are profiting, and I would like to target crisis inevitable. addressing those practices. The long-form

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15928 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 version says more, but what it says—‘‘Fed- have either forgotten or inverted the found itself mired in a seemingly endless eral regulators should issue standards and lessons of Vietnam, embracing open- war. During the Vietnam era, even as some guidelines to better align executive com- ended war as an inescapable reality.’’ young Americans headed off to Indochina to pensation practices of financial firms with Madam Speaker, I submit this entire fight in the jungles and rice paddies, many long-term shareholder value’’—is a descrip- other young Americans back on the home article for the RECORD. tion of what should happen, rather than a front fought against the war itself. More plan to make it happen. [From The American Conservative, May 18, than any other event of the 1960s, the war Furthermore, the plan says very little of 2009] created a climate of intense political engage- substance about reforming the rating agen- TO DIE FOR A MYSTIQUE ment. Today, in contrast, the civilian con- cies, whose willingness to give a seal of ap- (By Andrew J. Bacevich) temporaries of those fighting in Iraq and Af- proval to dubious securities played an impor- In one of the most thoughtful Vietnam-era ghanistan have largely tuned out the Long tant role in creating the mess we’re in. accounts written by a senior military officer, War. The predominant mood of the country In short, Mr. Obama has a clear vision of Gen. Bruce Palmer once observed, ‘‘With re- is not one of anger or anxiety but of dull ac- what went wrong, but aside from regulating spect to Vietnam, our leaders should have ceptance. Vietnam divided Americans; the shadow banking—no small thing, to be known that the American people would not Long War has rendered them inert. sure—his plan basically punts on the ques- stand still for a protracted war of an indeter- To cite General Palmer’s formulation, the tion of how to keep it from happening all minate nature with no foreseeable end to the citizens of this country at present do appear over again, pushing the hard decisions off to U.S. commitment.’’ willing to ‘‘stand still’’ when considering the future regulators. General Palmer thereby distilled into a prospect of war that goes on and on. While I’m aware of the political realities: getting single sentence the central lesson of Viet- there are many explanations for why Ameri- financial reform through Congress won’t be nam: to embark upon an open-ended war cans have disengaged from the Long War, the easy. And even as it stands the Obama plan lacking clearly defined and achievable objec- most important, in my view, is that so few of would be a lot better than nothing. tives was to forfeit public support, thereby us have any immediate personal stake in But to live up to its own analysis, the courting disaster. The implications were that conflict. Obama administration needs to come down clear: never again. When the citizen-soldier tradition col- Palmer’s book, which he titled ‘‘The Twen- harder on the rating agencies and, even more lapsed under the weight of Vietnam, the ty-Five Year War’’, appeared in 1984. Today, important, get much more specific about re- military rebuilt itself as a professional force. forming the way bankers are paid. exactly 25 years later, we once again find ourselves mired in a ‘‘protracted war of an The creation of this all-volunteer military f indeterminate nature with no foreseeable was widely hailed as a great success—well- end to the U.S. commitment.’’ It’s de´ja` vu trained and highly motivated soldiers made b 2000 all over again. How to explain this aston- the new American way of war work. Only now are we beginning to glimpse the short- TO DIE FOR A MYSTIQUE ishing turn of events? In the wake of Vietnam, the officer corps comings of this arrangement, chief among The SPEAKER pro tempore. Under a set out to preclude any recurrence of pro- them the fact that today’s ‘‘standing army’’ previous order of the House, the gen- tracted, indeterminate conflict. The Armed exists at considerable remove from the soci- tleman from North Carolina (Mr. Forces developed a new American way of ety it purports to defend. Americans today war, emphasizing advanced technology and profess to ‘‘support the troops’’ but that sup- JONES) is recognized for 5 minutes. port is a mile wide and an inch deep. It rare- Mr. JONES. Madam Speaker, thank superior skills. The generals were by no means keen to put these new methods to the ly translates into serious or sustained public you very much. Tonight, I want to take test: their preference was for wars to be concern about whether those same troops are my time and refer to an article written fought infrequently and then only in pursuit being used wisely and well. by Andrew Bacevich. This was in the of genuinely vital interests. Yet when war The upshot is that with the eighth anniver- American Conservative of May 18, 2009. did come, they intended to dispatch any ad- sary of the Long War upon us, fundamental The title is ‘‘To Die for a Mystique,’’ versary promptly and economically, thereby questions about this enterprise remain subtitled ‘‘The lessons our leaders protecting the military from the possibility unasked. The contrast with Vietnam is didn’t learn from the Vietnam War. I’m of public abandonment. Finish the job quick- striking: back then the core questions may ly and go home: this defined the new para- not have gotten straight answers, but at going to read two or three paragraphs digm to which the lessons of Vietnam had least they got posed. and then close from this article. given rise. When testifying before the Senate Foreign ‘‘In one of the most thoughtful Viet- In 1991, Operation Desert Storm seemingly Relations Committee in April 1971, the nam-era accounts written by a senior validated that paradigm. Yet events since 9/ young John Kerry famously—or infamously, military officer, General Bruce Palmer 11, in both Iraq and Afghanistan, have now in the eyes of some—asked, ‘‘How do you ask once observed, ‘With respect to Viet- demolished it. Once again, as in Vietnam, a man to be the last man to die for a mis- nam, our leaders should have known the enemy calls the tune, obliging American take?’’ soldiers to fight on his terms. Decision has that the American people would not What exactly was that mistake? Well, become elusive. Costs skyrocket and are ig- there were many. Yet the most fundamental stand still for a protracted war of an nored. The fighting drags on. As it does so, indeterminate nature with no foresee- lay in President Johnson’s erroneous convic- the overall purpose of the undertaking— tion that the Republic of Vietnam con- able end to the United States’ commit- other than of avoiding the humiliation of ab- stituted a vital American security interest ment.’’ ject failure—becomes increasingly difficult and that ensuring that country’s survival re- He further stated in the article, to discern. quired direct and massive U.S. military ‘‘General Palmer thereby distilled into The dirty little secret to which few in intervention. Washington will own up is that the United Johnson erred in his estimation of South a single sentence the central lesson of States now faces the prospect of perpetual Vietnam’s importance. He compounded that Vietnam: to embark upon an open- conflict. We find ourselves in the midst of error with a tragic failure of imagination, ended war lacking clearly defined and what the Pentagon calls the ‘‘Long War,’’ a persuading himself that once in, there was achievable objectives was to forfeit conflict global in scope (if largely con- no way out. The United States needed to public support, thereby courting dis- centrated in the Greater Middle East) and stay the course in Vietnam, regardless of the expected to outlast even General Palmer’s aster. The implications were clear: cost or consequences. ‘‘Twenty-Five Year War.’’ The present gen- never again.’’ Now we are, in our own day and in our own I further read from the article, ‘‘The eration of senior civilians and officers have either forgotten or inverted the lessons of way, repeating LBJ’s errors. In his 1971 Sen- dirty little secret to which few in Vietnam, embracing open-ended war as an ate testimony, reflecting the views of other Washington will own up is that the inescapable reality. Vietnam veterans who had turned against United States now faces the prospect of To apply to the Long War the plaintive the war in which they had fought, Kerry de- perpetual conflict. We find ourselves in query that Gen. David Petraeus once posed risively remarked, ‘‘we are probably angriest the midst of what the Pentagon calls with regard to Iraq—‘‘Tell me how this about all that we were told about Vietnam the ‘Long War,’ a conflict global in ends’’—the answer is clear: no one has the and about the mystical war against communism.’’ scope (if largely concentrated in the foggiest idea. War has become like the The larger struggle against communism Greater Middle East) and expected to changing phases of the moon. It’s part of everyday existence. For American soldiers commonly referred to as the Cold War was outlast even General Palmer’s ‘Twen- there is no end in sight. both just and necessary. Yet the furies ty-Five Year War.’ The present genera- Yet there is one notable difference between evoked by irresponsible (or cowardly) politi- tion of senior civilians and officers today and the last time the United States cians more interested in partisan advantage

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15929 than in advancing the common good trans- possess neither the wisdom nor the leged report (Rept. No. 111–181) on the formed the Cold War from an enterprise gov- means necessary to determine the fate bill (H.R. 2997) making appropriations erned by reason into one driven by fear. Be- of the Greater Middle East. for Agriculture, Rural Development, ginning with McCarthyism and the post-1945 ‘‘To persist in efforts to do so—as the Food and Drug Administration, and Red Scare and continuing on through phan- tasms such as the domino theory, bomber Obama administration appears intent Related Agencies programs for the fis- gap, missile gap, and the putative threat to on doing in Afghanistan—will simply cal year ending September 30, 2010, and our survival posed by a two-bit Cuban revo- replicate on an even greater scale mis- for other purposes, which was referred lutionary, panic induced policies that were takes like those that Bruce Palmer and to the Union Calendar and ordered to reckless, wrong-headed, and unnecessary, JOHN KERRY once rightly decried.’’ be printed. with Vietnam being just one particularly Madam Speaker, I bring this forward The SPEAKER pro tempore. Pursu- egregious example. because my friend from Massachusetts, ant to clause 1, rule XXI, all points of The mystical war against communism JIM MCGOVERN, has put a bill in that order are reserved on the bill. finds its counterpart in the mystical war on terrorism. As in the 1960s, so too today: mys- would say simply to the Secretary of f tification breeds misunderstanding and mis- Defense: You need to come to the Con- THE AMERICAN CLEAN ENERGY judgment. It prevents us from seeing things gress and tell the Congress what the AND SECURITY ACT OF 2009 as they are. exit strategy is for Afghanistan. Some As a direct result, it leads us to exaggerate people would say end point. The SPEAKER pro tempore. Under a the importance of places like Afghanistan Let me briefly explain, having an previous order of the House, the gen- and indeed to exaggerate the jihadist threat, exit strategy and saying that to the tleman from Kansas (Mr. MORAN) is which falls well short of being existential. It Congress, you don’t have to say in 2009, recognized for 5 minutes. induces flights of fancy so that otherwise Mr. MORAN of Kansas. From its very 2010, or 2015 or 2020, but tell the Amer- sensible people conjure up visions of pro- beginning in the House Energy and ican people where we are going when viding clean water, functioning schools, and Commerce Committee, H.R. 2454, the we send our young men and boys and good governance to Afghanistan’s 40,000 vil- American Clean Energy and Security lages, with expectations of thereby winning girls to die in Afghanistan without a Act of 2009, has been forced upon Mem- Afghan hearts and minds. It causes people to plan, without benchmarks. bers of Congress with little time to ignore considerations of cost. With the Long So, Madam Speaker, I don’t know if War already this nation’s second most expen- consider the significant and poten- Mr. MCGOVERN’s amendment has been sive conflict, trailing only World War II, and tially damaging consequences of this approved for debate tomorrow on the with the federal government projecting tril- legislation. lion-dollar deficits for years to come, how Armed Services bill, but I want to On June 12th of this month, the Com- much can we afford and where is the money thank Mr. MCGOVERN for bringing this mittee on Agriculture, on which I coming from? to the attention of the American peo- serve, held a 7-hour hearing to review For political reasons the Obama adminis- ple and the Congress, because we need this bill. We quickly learned that there tration may have banished the phrase ‘‘glob- to have benchmarks. We need to have al war on terror,’’ yet the conviction persists is little solid economic analysis on how an end point to the strategy in Afghan- this legislation will affect our econ- that the United States is called upon to istan. dominate or liberate or transform the Great- omy. Preliminary evidence makes it er Middle East. Methods may be shifting, The military, I know, from marines clear it will increase the cost of energy with the emphasis on pacification giving way down in my district, will tell you that and, with it, the cost of everything we to militarized nation-building. Priorities our military is tired. They’re worn out. use in our lives on a daily basis. may be changing, Af-Pak now supplanting They’ll keep going back and forth, We do know that the Congressional Iraq as the main effort. But by whatever back and forth because they love this Budget Office has said this bill will name, the larger enterprise continues. The Nation and they love defending Amer- raise government revenue by $846 bil- president who vows to ‘‘change the way ica. But we’ve got to be realistic about lion over the next 10 years. In everyday Washington works’’ has not yet exhibited breaking the military, because we have the imagination needed to conceive of an al- terms, that means a huge tax increase. ternative to the project that his predecessor got North Korea over here threatening. $846 billion, however, is just the begin- began. We’ve got the Chinese. We don’t know ning. The urgent need is to de-mystify that what they might do. Yet we need to H.R. 2454 is permanent, and after the project, which was from the outset a mis- have a plan for victory in Afghanistan. 10-year period analyzed by the CBO, guided one. Just as in the 1960s we possessed We cannot do what the Bush adminis- free carbon allowances are phased out, neither the wisdom nor the means needed to tration did in Iraq and keep going on auctioned carbon allowances are determine the fate of Southeast Asia, so and on. phased in, and total allowances are re- today we possess neither the wisdom nor the means necessary to determine the fate of the Madam Speaker, as I close, as I do duced. This means that future genera- Greater Middle East. To persist in efforts to every night on this floor, I have signed tions will be forced to pay much more do so—as the Obama administration appears over 8,000 letters to families and ex- than that indicated in the initial 10- intent on doing in Afghanistan—will simply tended families who have lost loved year budget estimate. replicate on an even greater scale mistakes ones in Afghanistan and Iraq. I ask God Although billed as cap-and-trade, in like those that Bruce Palmer and John to please bless our men and women in reality Waxman-Markey is a cap-and- Kerry once rightly decried. uniform. I ask God to please bless the tax bill. Instead of government directly I further read and want to close and families of our men and women in uni- levying a tax, this legislation disguises then make a few comments with this. form, and I ask God in his loving arms that tax as a carbon allowance auction This is the last paragraph. Let me say to hold the families who have given a that subsequently requires electrical about Andrew Bacevich, he, himself, child dying for freedom in Afghanistan generation companies, petroleum, and was a Vietnam veteran. He, himself, and Iraq. other biofuel refiners, manufacturers, was a veteran of Desert Storm. He, Madam Speaker, I ask three times; and others to collect the tax through himself, taught at West Point. He lost God, please, God please, God, please increased costs. a son in 2007, a young lieutenant who continue to bless America. The consequences go far beyond the was killed in Iraq. So I think he brings f price and our ability to turn on the great credibility to this article that he lights in rural America. Kansans, who has written. REPORT ON H.R. 2997, AGRI- must always travel great distances to This is the last paragraph in the arti- CULTURE, RURAL DEVELOP- work, to school, and to receive their cle. ‘‘The urgent need is to demystify MENT, FOOD AND DRUG ADMIN- medical care, will pay disproportion- that project, which was from the out- ISTRATION, AND RELATED ately compared to those who have set a misguided one. Just as in the AGENCIES APPROPRIATIONS shorter distances to travel and can use 1960s we possessed neither the wisdom ACT, 2010 public transportation. nor the means needed to determine the Ms. KAPTUR, from the Committee Some had hope that agriculture and fate of Southeast Asia, so today we on Appropriations, submitted a privi- rural America would actually benefit,

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15930 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 somehow be made whole under this leg- streets by the Iranian regime’s state- Presently, brave Iranians watch as our islation. Under Waxman-Markey, this sanctioned murderers. She must not President still holds an open hand to clearly is not the case. have died in vain. the regime that opened fire on them, Despite great potential for agri- Today, Iranians and Americans face a that opened fire on Neda. culture to sequester carbon, agri- generational chance for freedom—one This is the passive, disastrous policy culture is not mentioned once in the that ensures a rogue regime’s implo- of Jimmy Carter that led to the rise of section that defines offsets. Instead, sion prevents a nuclear confrontation. this rogue regime, not the courageous H.R. 2454 directs the EPA to define the Regrettably, our President’s ‘‘post- policy of Ronald Reagan that led to the world of carbon offsets. This will lead American’’ foreign policy presumes demise of an evil empire. talk can thaw the murderous mullahs’ to few benefits for farmers and ranch- b 2015 ers and will allow the EPA to further hearts and attain a ‘‘grand bargain’’ intrude upon our farms. for peace in our time; consequently, The surest, safest termination of EPA has consistently made harmful while Iranians demanded their freedom Iran’s nuclear weapons program and decisions that fail the test of common from a barbarous regime, the President support of terrorism is to hasten this sense. Unless agricultural offsets are vapidly opined: ‘‘It is up to Iranians to fanatical tyranny’s collapse by sup- expressly defined and sole authority is make decisions about who Iran’s lead- porting its people’s liberty. Taking its given to the Department of Agri- ers will be. We respect Iranian sov- rightful place amongst the community culture, farmers will never see benefits ereignty.’’ of free nations, a democratic Iran will from this legislation. Then, as the crisis escalated, the necessarily realize and reverse the in- But even if those offsets are defined President optimistically noted, sanity of this terrorist regime’s homi- and USDA is given that authority, it is ‘‘You’ve seen in Iran some initial reac- cidal obsession with nuclear weapons. difficult to see how agriculture will tion from the supreme leader that indi- Thus, for their and our security, the overcome the increased cost of inputs cates he understands the Iranian peo- United States and the world must do caused by this cap-and-tax system. In ple have deep concerns about the elec- everything in our power to further the the best case scenario under Waxman- tion. And my hope is that the Iranian Iranian demonstrators’ sacred claim to Markey, a farmer could mitigate 10 to people will make the right steps in freedom. We know Neda did. 50 percent of the cost of the legislation. order for them to be able to express Further, in the grand strategy of our In the worst case scenario, farmers and their voices, to express their aspira- war for freedom over terrorism, how we ranchers could find themselves unable tions.’’ aid pro-democracy Iranians will remind to access the carbon offset market at Tragically, the supreme leader’s deep the world of who we are. We are Ameri- all and be forced to bear the full cost of concern drove him to step on the cans, the revolutionary children of this legislation. Either way, any hope throats of pro-democracy protestors, freedom who have lived and died de- for profitability in agriculture is bleak. like Neda. fending our liberty and extending it to I am especially concerned about the Next, on June 20, the President stat- the enslaved and oppressed. We will do livestock sector. Unlike crop farmers, ed, ‘‘The universal rights to assembly no less today in support of our Iranian ranch operations and feed yards have and free speech must be respected, and brothers and sisters. few opportunities to accumulate car- the United States stands with all who Today Neda’s voice calls to our con- bon – offsets. seek to exercise those rights.’’ It was sciences and warns that the fate of Ira- Much emphasis has been placed upon painfully evident just how far behind nians’ liberty is entwined with the fate our Nation’s economic recovery since them he stood. ‘‘The last thing that I of America’s security. We must not the market collapse of last fall. This want to do is to have the United States miss this generational chance for free- bill is almost certain to destroy any be a foil for those forces inside Iran dom; again, one that ensures a rogue chance of economic recovery if enacted who would love nothing better than regime’s implosion, prevents a nuclear in its current form. make this an argument about the confrontation, and ensures that Neda Congress should be allowed to obtain United States.’’ and all of liberty’s martyrs shall not sound technical and economic analysis With these contradictory statements have died in vain. As Americans, we and address this legislation’s many, of support and appeasement, the Presi- must seize this moment and help Ira- many, many flaws. If further legisla- dent returned to square one. ‘‘The Ira- nians seize their freedom. That’s what tive debate is denied, then we must do nian people will ultimately judge the we do. what common sense demands and de- actions of their own government. If the f feat this bill. Congress rarely gets Iranian Government seeks the respect HAYNESVILLE SHALE HYDRAULIC things right when we have ample time of the international community, it FRACTURING to properly consider policy changes, must respect the dignity of its own but it has never made good decisions people and govern through consent, not The SPEAKER pro tempore. Under a when rushed by arbitrary timetables. coercion.’’ previous order of the House, the gen- Congress should abandon the current In truth, the Iranian people have al- tleman from Louisiana (Mr. FLEMING) pace set by the Speaker of the House. ready judged the regime and found it is recognized for 5 minutes. Otherwise, Members of Congress will wanting. The supreme leader, his cleric Mr. FLEMING. Madam Speaker, like have abdicated their responsibilities cronies and their puppet government most of America, I support an all-of- and farmers and ranchers, rural Amer- have never respected the dignity of the the-above solution to this Nation’s en- ica, and in fact, the entire country will Iranian people or governed through ergy needs. I believe we can have it all suffer the consequences. consent. This is why the regime stole when it comes to energy. We can ag- f the election and shoots peaceful, pro- gressively pursue renewable energy, democracy demonstrators. Implying nuclear energy and other innovative al- HER NAME WAS NEDA: A otherwise mocks the Iranians risking ternatives while continuing efforts to GENERATIONAL CHANCE FOR and losing their lives for liberty. expand our domestic supply of fossil FREEDOM As for the claim that American fuels. We live in a country rich in en- The SPEAKER pro tempore. Under a ‘‘meddling’’ in support of the dem- ergy sources, and Congress should en- previous order of the House, the gen- onstrators plays into the mullahs’ courage production from all available tleman from Michigan (Mr. MCCOTTER) hands, the Iranian regime will claim resources and technologies. is recognized for 5 minutes. this regardless, for as our President Tonight I’d like to focus on a reli- Mr. MCCOTTER. Her name was Neda. noted, ‘‘That’s what they do.’’ able, clean-burning alternative fuel In Farsi, it means ‘‘the voice.’’ True to Yet, what matters is not what the re- which is in extraordinary abundance her name, she loved music, sought free- gime says about America, but what the right under our feet in this country, dom, and she’s dead, shot down in the demonstrators think about America. and that is natural gas.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15931 Located in my district in northwest and gas. Of wells currently operating It is crucial that Congress recognize what Louisiana, recent estimates have pro- today, over 90 percent have been frac- resources, such as the Haynesville Shale, will jected the Haynesville Shale contains tured at least once. play in this country’s long-term economic and 234 trillion cubic feet of potential nat- Environmentalists and their allies in national security. ural gas production. This would make Congress are escalating their assault f it the largest natural gas play in the on affordable and reliable energy with THE TRIPLE PLAY ALTERNATIVE United States and one of the largest in the legislation that would place regula- TO CAP-AND-TRADE the world, the equivalent of 18 years’ tion of hydraulic fracturing under the worth of U.S. oil production. Safe Drinking Water Act, SDWA, a law The SPEAKER pro tempore. Under a I want to point out to you, the that was never intended for this pur- previous order of the House, the gen- crosshatch area is the so-called pose. This legislation would have far- tleman from South Carolina (Mr. ING- Haynesville Shale. As you can see, it reaching negative impacts on energy, LIS) is recognized for 5 minutes. overlies several parishes in Louisiana energy producers and consumers alike. Mr. INGLIS. Last night in as well as several counties in Texas, a For years this process has been safely Spartanburg, South Carolina, we had a very wide area. Now of course for those and effectively regulated by individual town meeting; and folks were joining listening, shale is nothing more and States; and of the more than 1 million in this debate we will be having here nothing less than a rock formation wells fractured, not a single case of this week in Washington about climate deep down in the Earth, somewhere drinking water contamination has ever legislation. There were folks who spoke around 2 miles in depth, that acts like been recorded. passionately about the need to take ac- a sponge that’s full of either gas or oil, In my State of Louisiana, three dif- tion, and I’m in agreement with them. and sometimes both. Today we have ferent agencies have oversight related There is a need to take action and to great methods of extracting fossil fuels to this process. So you see, it’s not an discharge a stewardship obligation. from the shale. unregulated process to begin with. Then there were others who really But let me turn to some more statis- First is the Office of Conservation of didn’t buy the science of climate tics regarding the Haynesville Shale. the Louisiana Department of Natural change. And so there was a good dis- It’s provided massive injections of cap- Resources, then the Louisiana Depart- cussion, a good debate. There’s going ital into the Fourth Congressional Dis- ment of Environmental Quality and, fi- to be a debate here on this House floor, trict of Louisiana, my district. It’s nally, the Department of Health and perhaps by the end of the week. pumped $4.5 billion into the economy Hospitals, which tests potable water. Madam Speaker, what I’d like to say in FY 2008. It’s created nearly $3.9 bil- Additionally, these agencies already tonight is that there is a need to act. lion in household earnings in the same work closely in association with exist- There is a need to act in a way that year. The greatest impact on indirect ing Federal regulations under the EPA. wins a triple play for this century in and household earnings was experi- As illustrated in these graphics, cur- America. If we play this right, it really enced by workers in the mining sector, rent industry practices ensure multiple is an opportunity to do three things si- with new household earnings of $191.3 levels of protection between any multaneously. One, improve the na- million in 2008. It’s created over $30 sources of drinking water and the pro- tional security of the United States; million in new earnings in seven sepa- duction zone of an oil and gas well. two, create jobs; and three, clean up rate sectors. Number one, mining, Fresh water aquifers are located relatively the air. $191.3 million; health care, $56.7 mil- close to the surface. In the Haynesville shale, So let’s hear about the triple play. It lion; management, $46.6 million; pro- for instance, the Wilcox aquifer is found at starts by stopping the current cap-and- fessional, scientific and technical serv- depths between 200 and 600 feet. trade proposal. The problem with cap- ices, $38.5 million; retail trade, $35.7 The practice of hydrofracking takes place at and-trade is: It’s a massive tax increase million; manufacturing, $33.5 million; a depth of over 10,000 feet or roughly 2 miles. in the midst of a recession; it’s a Wall and construction, $31.8 million. To put this into perspective, the distance be- Street trading scheme that would It directly and indirectly created tween the aquifer and the hydrofracking make traders on Wall Street blush; and over 32,000 jobs. The new jobs created equals about 33 footballs fields or 8 Empire it punishes American manufacturing by the extraction activities in the State Buildings stacked on top of each other. because the tax—the cap-and-trade, Haynesville Shale are widely dispersed To ensure that neither the fluid pumped which is essentially a tax—is applied across industries. Large impacts have through the well, nor the oil or gas collected, only to domestically produced goods been felt in utilities, 5,229 jobs; mining enters the water supply, steel casings are in- and not to imported goods. So if that’s 3,808; health care, 3,496 jobs; and retail serted into the well to depths of between the case, if it’s really not going to ac- trade, 3,433. 1,000 and 4,000 feet. complish what we want to accomplish, Those are a lot of numbers, but I Oil and gas companies are required to set what would be better? I think it’s im- think you understand that the mag- protective surface casing well beyond the portant that those of us who are op- nitude is what counts here. Conserv- water table. For example, in the Haynesville posed to cap-and-trade come with ative estimates report that State and Shale, surface casing must be set at a min- something better. The ‘‘better’’ that I local tax revenues increased by at least imum of 1,800 feet. would propose is this: It’s a revenue- $153.3 million in 2008 due to the extrac- The space between this first casing string neutral tax swap. Basically what we tion activities of the Haynesville and drilled hole is filled with cement. would do is we would reduce FICA Shale. Needless to say, Louisiana is not The casing, cement specifications and ce- taxes. That’s the payroll taxes on your suffering from the effects of the reces- menting process are governed by state and paycheck. You reduce those; and in an sion, unemployment, or real estate federal regulations as well as industry stand- equal amount, you impose a tax on car- that many other States are today, ards. In every case this process is supervised bon dioxide. There’s no additional take largely due to the Haynesville Shale. by state agency officials. to the government, so it’s revenue-neu- Some parishes are reporting a 300 per- Federal regulation of ‘‘hydrofracking’’ under tral. You apply this transparent tax—it cent increase in sales tax collections. the EPA would result in a sharp increase in is admittedly a tax—to imported goods I wanted to talk a moment about costs to small and independent producers, as as well as domestically produced goods. how we get the natural gas out of that well as a dramatic decrease in output and job The result is, there is one less reason shale that we’re talking about that’s 2 creation. to export productive capacity from the miles deep in the Earth. The method is Production in large shale plays such as the United States; and we achieve this tri- called hydraulic fracturing, or Haynesville Shale in Louisiana, the Barnett in ple play. We can simultaneously create ‘‘hydrofracking’’ is a more common Texas and the Marcellus Shale in the North- jobs by propelling these new tech- term. This method has been used for east U.S. would essentially grind to a halt and nologies with the alternative energies over 60 years and is responsible for 30 billions of dollars in federal and state tax rev- and fuels of the future. We can improve percent of America’s recoverable oil enue would be lost. the national security of the United

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15932 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 States by breaking the addiction to oil. months of training for their deploy- One of our large employers is a finan- That will only come when the econom- ment in Afghanistan. He could be cial company that has 1,900 jobs, and ics work out for the competing tech- harsh, but was fair and imparted to his they have applied for TARP funds. We nologies. Currently the incumbent men a sense of their potential.’’ are struggling with auto parts. The technology—gasoline, in the case of Other soldiers have echoed these Fort Wayne Foundry, over 100 years in transportation fuel—has these negative comments, describing how Blair pushed business, has just closed three plants externalities that aren’t recognized. If them beyond their comfort levels to be because they are a major GM and they were recognized, if they were at- their best and was even like a father Chrysler supplier and couldn’t make it tached to the price of that product, the figure for many of them. through the shut-downs after 100 years. national security risks we are running, Madam Speaker, Sergeant Blair car- Now we are being asked to tax them the environmental problems that it ried these same characteristics to his through their energy. Now let me talk causes, the small particulates—even if service as a Gordon County sheriff’s a little bit about how we get our en- you don’t buy the climate change argu- deputy and a Drug Task Force officer ergy in Indiana. We are 85 percent coal. ment, the small particulates are quan- for many years in Calhoun, Georgia. In We are 15 percent nuclear. The Herit- tifiable and real—if you attach all addition to his great service to our Na- age study showing impact by congres- those negative externalities to that tion and his community, John Blair sional district says that my congres- product, suddenly the marketplace was also a dedicated family man who sional district is the number one dam- could deliver competing technologies; was looking forward to spending qual- aged district. and the fuels of the future could take ity time with his grandson when he re- The new figures from the National off and could lead us to these jobs of turned home. What an amazing exam- Association of Manufacturers this the future and to clean up the air. ple of courage, selflessness and a love week show that my district is the num- Madam Speaker, this is a fabulous of country that Sergeant Blair pro- ber one manufacturing district. It is opportunity. It starts with stopping vided, not only for his young grandson unusual. If you came to northeast Indi- the current cap-and-trade proposal. but, Madam Speaker, for all of us. ana, and I represent basically Fort And then we come together, Repub- My prayers go out to his family. My Wayne up to South Bend going along licans and Democrats, to find a better deepest gratitude goes out to First Ser- the Michigan line and the Ohio line, if solution. I think we can find it in a geant Blair for his selfless sacrifice for you came to my district, you would revenue-neutral tax swap that makes our Nation. I ask all Members to join drive through an area where you would free enterprise able to lead us into the me in honoring the distinguished mem- see lots of water, rivers, 100 lakes in fuels of the future. ory of First Sergeant John Blair. Koskiusko County, 100 lakes in Steu- f f ben County. And in between that water is beautiful, green farmland. We aren’t HONORING FIRST SERGEANT JOHN CAP AND TRADE ALL OUR JOBS dry and parched like much of America. BLAIR TO CHINA We have a very green area that gives us The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a water, which is essential to most man- previous order of the House, the gen- previous order of the House, the gen- ufacturing. You can’t build major man- tleman from Georgia (Mr. GINGREY) is tleman from Indiana (Mr. SOUDER) is ufacturing facilities where there isn’t recognized for 5 minutes. recognized for 5 minutes. adequate water. And people still farm. Mr. GINGREY of Georgia. Madam Mr. SOUDER. Madam Speaker, I We don’t have the great big corporate Speaker, I rise to honor an American come tonight a little stunned. Quite farms. We have many small farms. Be- hero and a patriot who gave his life in frankly, I didn’t think the energy bill, cause one person from each family, defense of our Nation while serving the cap-and-trade bill, would actually sometimes even multi-families on a with the Georgia National Guard in Af- ever reach a point where it would come small farm, will be working at dif- ghanistan. before the House and for that matter ferent auto parts plants, plastic parts First Sergeant John Blair from Cal- the Senate. When we are in the unem- plants and RV plants scattered houn, Georgia, in my 11th Congres- ployment state that we are in right throughout my district, thousands and sional District, was killed in action on now in America, it seems rather ridicu- thousands and thousands. They are at a June 20, 2009, just this past Saturday, lous to be bringing bills that would put direct threat. when a rocked-propelled grenade so many hardworking people out of Let me talk a little bit more about struck his vehicle during an hour-and- work. our energy. I have been to the alter- a-half-long firefight with enemy forces The cap-and-trade bill, or as many of native energy labs in Colorado, at after the convoy, which he was leading, us call it, the cap-and-tax bill, are Sandia Labs in New Mexico, and at the was ambushed. Eyewitness accounts what a manufacturing district like major places where we look at alter- from soldiers serving alongside Ser- mine would call a ‘‘cap and trade our native energy. Indiana cannot get wind geant Blair credit his actions with sav- jobs to China bill.’’ We are just reeling power. We don’t have a way to get to 20 ing the lives of many of his fellow sol- right now. Honestly, to talk about my percent or such high figures in the tra- diers during the ambush. And as a cred- district for a second, I have eight coun- ditional alternative energy. Some of it to his leadership, his men kept their ties. The mean of unemployment in my friends I have known for many cool and they did their jobs, even after those counties is 15 percent. Two of the years are putting in one of the biggest their commanding officer fell. counties, Elkhart and LaGrange, are at wind farms. It is the second most 19 percent. Let me tell you about my windy area in the State of Indiana. It b 2030 best county. My best county, Allen is going to be miles and miles. We will Blair has been described as a true County, my home, anchored by Fort be lucky to get to four percent if we leader, Madam Speaker, both for the Wayne with a little under 300,000 peo- build every windmill you can build in American troops who served with him, ple, has an unemployment rate of ap- the State of Indiana. In solar, we don’t as well as the 1st Brigade of the Afghan proaching 11 percent. We have one of get as much sun as Arizona and Ne- National Army’s 203rd Corps who he the biggest pick-up plants in the world vada. We are pushing solar energy as was in charge of mentoring. that produces the Silverado and the Si- hard as we can. One of my good friends I want to quote a couple of lines that erra. So I have been fighting hard to has a new solar company working with were written about Sergeant Blair in make sure that they are not knocked the Germans that can get better solar the military publication, ‘‘Stars and out of business. Our largest property power at homes. Stripes’’: ‘‘Blair was their leader. He tax payer, the GM plant is the second But let’s get this straight. I have two was tough, unrelenting. He cursed and largest, is a mall that is part General Steel Dynamics plants, the most effi- reprimanded and gained not just their Growth Properties. That is in chapter cient steel process in the United respect, but their fondness during the 11. States, five Nucor plants and Valbruna

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15933 Steel. SDI, in one of their plants, takes people voted to restore integrity and Iran is on their development of their as much energy as the City of Fort honesty in Washington, DC, and the nuclear weapons, but we certainly Wayne with nearly 250,000 to 300,000 Democrats intend to lead the most know they are working on it. And they people in it and everything therein. honest, the most open, and most eth- make no bones about it. You cannot power a steel plant with ical Congress in history.’’ So we have got a possible nuclear solar panels or windmills. If we are Now, this was the goal that was set power where there is a turmoil going going to make things in America, if we up by the Speaker of the House. And on, and we are sort of sitting over here aren’t going to ship everything in our she has now been serving as the Speak- being quiet about it. And maybe that is country to China, we have to have rea- er of the House for two terms. And this the right thing to do. The President sonable, workable energy strategies. was her mantra of what this House seems to be taking a position of kind of I have been working on alternative would stand for. And without getting hands-off. And there certainly is a energy since I came to Washington. off into the weeds of the internal poli- school that believes that is the right There is a company in Fort Wayne that tics of Rules Committee and stuff like thing to do. And I’m not criticizing has been highlighted in the New York that, which bores people to tears, I’m that. But I am saying that that is a Times and all the other publications on just talking about this honest, ethical thing that every American, and cer- geothermal called ‘‘Water Furnace.’’ and open-about-it Congress that we tainly every Member of this body, California alone could save seven were promised. should be concerned about, because it power plants by using geothermal. We In another speech, the Speaker of the could be a world-changing event that need to push in every appropriations House, the then presumed Speaker of comes out of Iran. And it could be a bill in every different way geothermal. the House, made the statement that world-changing event for the negative. I have an amendment proposed in the what she was going to do was if the So why do I raise this? Well, that armed services bill to have many of our Democrats got to be in charge of this very same day, that very same day we military facilities use geothermal. House, they were going to drain the heard more from our longtime adver- I am working with Parker-Hannifin swamp, that there was this culture of sary, the North Koreans. I’m ashamed and Regal Boloit to improve air condi- corruption that had created a swamp, to have to say this, but I’m old enough tioning. Regal Boloit has a green en- and that they were going to drain the to remember the end of the Korean ergy process that saves 15 percent of swamp and expose the corruption, and war. I was just a little kid, but I do re- energy in air conditioning. Parker- they were going to expose the mis- member. And we never made peace Hannifin, through an earmark and deeds. with the North Koreans. We made an their own funds, has been working and Now, I’m not here to tell you that armistice. We decided that we would they think they can get 20 percent there were not misdeeds that were time-out, no more war. And they went more power out of wind turbines. brought forward. I’m not sure the on their side of the 38th parallel, and the South Koreans went on our side of Guardian makes windshields. It is con- Democrats had anything to do with ex- the 38th parallel. verting part of one of their plants and posing them. But they certainly came out through the process at that period Since that time, one of the great, mi- working with Spain and other places to raculous transformations of an area make windshields and to make solar of time. People went to prison, and rightfully so. They broke the law. But has taken place in South Korea. And panels that don’t crack and are more now when you visit South Korea, it is I will say that the leadership at that efficient. a prosperous nation. It has a func- time went forward with those efforts, We are looking at major break- tioning democratic government. And and they reached the unfortunate con- throughs. But we cannot destroy the the South Koreans have a lot of brag- clusion that several people went to manufacturing base of America. ging rights. They have a lot to be prison. Several people had to leave the f proud of. Congress. Meanwhile, the North Koreans stayed THE CONCEPT OF THE DIRECTION But that doesn’t mean because they in their same Soviet socialist-type re- OF LEADERSHIP IN THE HOUSE found issues in the Republican Party OF REPRESENTATIVES public, a communist regime. And, basi- that those were the only issues that cally, with the exception of building a The SPEAKER pro tempore. Under were here. And for the last 6 or 8 gigantic army, they have accomplished the Speaker’s announced policy of Jan- weeks, I have been trying to say, who nothing since 1954, 1956, except to stir uary 6, 2009, the gentleman from Texas is going to look at these other issues? up a lot of trouble in that area and to (Mr. CARTER) is recognized for 60 min- I’m not accusing anybody. I’m saying develop nuclear weapons and a missile utes as the designee of the minority that accusations are being made by the system. leader. press. Accusations are being made by Now, there are some that think that Mr. CARTER. I thank the Speaker other people. And they seem to fall on the North Koreans are just in this busi- for allowing me to speak tonight. I’m deaf ears. They seem to fall on the deaf ness to sell these weapons to other peo- back again to talk about issues that ears of the leadership of the Demo- ple and to give them something that are important, I think, to this House. cratic majority in this Congress. And they can trade, because they basically They are important to the American they seem to fall upon the deaf ears of are practically without trade re- people, and they are especially impor- the so-called Ethics Committee, whose sources. But others like me fear that tant to the concept of leadership in job it is to look into these things. And the North Koreans are just unstable this House of Representatives and just so we keep raising these issues won- enough that they can use the weapons where it is going to go. dering what is going on. in this army to kick open the doors to I want to go back for a moment be- But now I have even more concerns. the second Korean war, or worse, a re- fore we go into current events and talk And these concerns are things that I gional war. about some past events, when the think everybody is going to be con- Democratic majority took over the cerned about. Because if you woke up b 2045 House of Representatives. In the lead- on Sunday morning and you turned on They have done some things that in up prior to that time, we were having the television, you saw that people are the past would have created havoc in these speeches made by the presumed storming the streets of Iran. And peo- countries. They fired missiles in the di- new Speaker of the House, Ms. PELOSI, ple are getting killed because of an rection of Japan two or three times, about what we could expect from the election. That is a pressure point now and shot a couple of them over Japan. new Congress. Now, this is not the first in our world that is as big a pressure Here is a sovereign nation having a time I have mentioned this. But let’s point as Afghanistan or Iraq or any missile fired over their territory. They remind you again, to all the Members other place because it has the potential don’t know what that missile is car- of this House, this is a quote from that nuclear weapons could be in- rying or what it could do to their coun- NANCY PELOSI in 2006: ‘‘The American volved. We don’t know exactly where try if it came down. That is as close to

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15934 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 an aggressive act as I think you can vided in this section, whoever in any that missile that they have said they get without hitting somebody. manner within the jurisdiction of the are going to fire at Hawaii? Can we, And now they have announced to us executive, legislative, or judicial after the Speaker’s accusations, trust specifically and to the world in general branches of the Government of the this community? That’s the question that they are going to test one of their United States, knowingly and willfully that I think we ought to be asking our- longer-range missiles by firing it at falsifies, conceals, or covers up by any selves. Hawaii, a State in this Union. They trick, scheme, or device a material And once again, the 50th time I have could just as well be firing it at Idaho, fact, makes any material, false, ficti- probably said this in the last 6 weeks, or Alaska, or Texas, or Georgia or tious, fraudulent statement or rep- what I am asking for is a place, some- Maine. A sovereign State of this Na- resentation, or makes or uses any false one to resolve these issues. And I have tion—they have told us that they are writing or document knowing the same raised this resolution. The Speaker is going to fire a missile in that direc- to contain any materially false or ficti- the leader. She is the leader of this tion, basically at that State. tious fraudulent statement or entry, House, and she needs to resolve this Now they are pompous and shall be fined under this title, impris- issue. This is putting a crimp in our in- blowhards, but we don’t know what oned not more than 5 years if the of- telligence community. If I am an agent they are really going to do. And we do fense involves international or domes- and I am reporting and I get accused of know that they have tested nuclear tic terrorism, as defined in section 2331, lying, I face criminal prosecution. And weapons very recently, so they have imprisoned not more than 8 years, or intelligence at its best is, like every nuclear capability. both. If the matter relates to an of- other human endeavor, it has its flaws. Why do I bring these things up in re- fense under chapter 109A, 109B, 110, or So once again, failure to show the lationship to the atmosphere created in 117, of section 1591, then the term of leadership that it takes to resolve this House by the failure of leadership imprisonment imposed under this sec- issues causes consequences we can’t to address issues that are part of drain- tion shall be not more than 8 years. imagine until they look us in the face. ing the swamp? It is because I am Without going off on what is in these And that is what I wanted to talk going to make the argument that what other sections, what this says, under about here tonight. We have talked has gone on in this House in the con- our criminal law of the Federal Gov- about the issues with Mr. RANGEL and versation between our Speaker and the ernment, if you are lying about a mate- the Rangel rule. And we have talked CIA about who is telling the truth and rial fact, and there can be nothing about issues of other Members of this who is not has a direct influence on more material than the functions of Congress: Ms. WATERS, MOLLOHAN, these two Sunday morning news stories our Intelligence Committee and our in- MURTHA, VISCLOSKY, and all those and others. Because yes, we folks sit- telligence community and their rela- guys. And I have talked about those ting around the breakfast table, we get tionship and whether or not something issues and I have said, I don’t know our information about what is going on happened, and to accuse them of being whether these accusations are true or in the world from the press. But you unreliable and lying is accusing them not, but somebody needs to resolve better hope, and having been a trial of a crime. them. If we are draining the swamp, judge and told juries this for 20 years, By this accusation, by saying they someone needs to resolve those issues. you better hope that somebody is get- didn’t tell the truth, they never briefed If there is a lie going on to Congress ting better information than what is in me, she is accusing those people who and we are draining the swamp, some- the press. And no offense to the press, did that, made that statement that we body needs to drain that part of the but let’s face it; they get it wrong once briefed of committing a crime. It may swamp that has to do with this lie. in awhile. And what we depend on is an be a crime that only puts you in prison That is what this is about. That is all intelligence system that doesn’t get it for 5 years and gives you a fine, or it I am trying to do. I am raising the wrong. We depend on an intelligence could carry over to whatever these sec- question for you Members of this House system that when they come to us and tions pertain to to carry it up to 8 and for the American public to think tell us that this is what our intel- years, or it could be as little as, what about. ligence tells us, we feel that is fairly was the lowest, 4 years? I guess 5. What about this culture of corrup- reliable news. We can’t disclose it be- Whatever it is, whatever the time, that tion that obviously seems to be here? cause it is top secret, but we can de- incarceration for that period of time is What about this issue of lying? It needs pend on our intelligence officials to serious incarceration. This is a serious to be resolved. The security of our Na- come forward and give us information. accusation. These are serious contention is at stake. Now we have had this issue of en- tions by the Speaker when she says: I am not here by myself, and I have hanced interrogation of prisoners that They didn’t do that, they are lying. been talking way too long without rec- has been an ongoing issue throughout They are lying to you, they are lying ognizing a really good friend who has the election, and now that the Demo- to the Congress, they are lying to the come down here to have a friendly visit crats are in charge it continues to be, press. But most importantly, they are about some of these issues that are un- that we are a torturing Nation. Some lying to Congress. resolved, PHIL GINGREY from Georgia, people label it as torture and some peo- Now that is an issue that we should one of my classmates and a good, close ple label it as enhanced interrogation. be concerned about because not just we personal friend. And I yield to Mr. Whatever you call it, there was an need it resolved, and that is what I GINGREY. issue whether or not the members of keep raising. I have been a judge in Mr. GINGREY of Georgia. Madam the Intelligence Committee of this this country for 20 years, and its pur- Speaker, I appreciate the gentleman House were informed about this when pose is to resolve issues. My question from Texas, Judge CARTER, yielding to they started to do it. is, who is going to resolve this issue? me. Now those Members that have had This issue needs to be resolved. Why As the gentleman points out, this is a the opportunity to speak have indi- does it need to be resolved? I gave you very, very serious time to be on the cated, and that which was not top se- two examples: North Korea and Iran. floor speaking to all of our colleagues cret, that there were briefings on this Two hotspots boiling up. We are get- on both sides of the aisle, and Rep- issue. The Speaker of the House has ting information. We should be, I as- resentative CARTER and myself and said they are lying, I was never told sume we are getting, information from others on our side of the aisle, as we about these enhanced interrogations. our intelligence community. If they bring these concerns to our fellow And she has repeated that until she re- are liars, can we trust them? Can we Members, Madam Speaker, it is not alized, which we pointed out on the put the security of Hawaii on the something that we do lightly. It is not floor of the House, that lying to the shoulders of our intelligence commu- something that we do lightly, and I United States Congress is a crime. Here nity and trust their report as to wheth- hope my colleagues on both sides of the is the statute: Except as otherwise pro- er or not there is a nuclear warhead on aisle understand that.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15935 We have all grown up with the little would respond, Madam Speaker. I’m supposed to be bipartisan. You have sayings, the aphorisms or adages that not sure how I would respond. You ex- five members of each party, and yet we you hear from your parents, or maybe pect both of them, at that level of gov- seem to be just sweeping things under at school or church, things like, If you ernment, to be honest and truthful. the rug and not addressing problems live in a glass house, you shouldn’t So it is disturbing to me as a Member like we should. throw rocks. I remember my dad told of the House of Representatives, it’s I’m going to yield back to the gen- me one time a story about Huey Long, disturbing to me as a citizen of this tleman who controls the time here in the governor of Louisiana. I don’t country, as a dad, as a granddad, as a just a second, but the point is just ex- know whether it was in a reelection husband, as a father, to find out that actly what he said at the outset, campaign or maybe even his first cam- maybe the Central Intelligence Agency Madam Speaker. I remember it so pain- paign for governor, he had a critic, is not telling the truth. And even worse fully well, because back in 2006, when maybe even an opponent in that race, a than that, Madam Speaker, that pos- we Republicans still were in the major- General Hugh Johnson, and General sibly there is a pattern of the Central ity, I mean, every day, every evening Hugh Johnson was awfully critical of Intelligence Agency not telling the during Special Order hours the then Governor Huey Long and accused him truth. That is just about as frightening minority party, the Democrats, just of corruption and that sort of thing. a concept as you can possibly imagine. pounded, pounded over and over again Huey Long said to General Hugh John- What can we rely on? Should we have what they called a ‘‘culture of corrup- son something to the effect that, Don’t done what we did in Operation Endur- tion.’’ And we did, on our side of the criticize a speck in my eye if you have ing Freedom in regard to taking out al aisle, Madam Speaker, have a few a plank in your own. In fact, Madam Qaeda and the Taliban and that regime Members—thank God not many, but Speaker, that may be in Proverbs in change back in 2001, 2002 before Rep- three or four. That is too many, of the Bible as well. Maybe that is where resentative CARTER and I became Mem- course. One is too many—that were not Governor Huey Long got that from. bers of the Congress? conducting themselves in the manner But the point is you are reluctant, You know, it’s a very, very dis- that this House demands, that the aren’t we, we are reluctant to bring turbing thing, and that’s why we’re sanctity of this House demands. criticism against our colleagues know- here tonight. And again, it is painful, And by campaigning on that, along ing that we are not perfect. No one, in- but I’m not standing up here, Madam with, of course, the unpopularity of a deed, is; except the one true Savior. Speaker, I’m not standing up here say- prolonged conflict in Iraq and too So it is a very serious thing when we ing that our Speaker, the Speaker, the much spending, absolutely too much come and express concern on the House first female Speaker in the history of spending, but of course it seems like a floor about the action of our col- this body who is now serving her third penny ante compared to what’s going leagues. But yet we are here tonight. year as Speaker of the House of Rep- on now, but it caused us to lose our We are obviously here tonight, and we resentatives, I’m not saying that she majority status, Madam Speaker, and are speaking about that. Judge CAR- was dishonest. I just simply am here to it’s painful. It’s painful to find our- TER, Madam Speaker, started off talk- say we need to know, the American selves in this situation and to think ing about the seriousness of the con- people need to know. And if the CIA that, Madam Speaker, and the Demo- sequences of our integrity or lack of in- lied once, even, but certainly if there cratic minority at the time talked tegrity as he talked about what hap- was a pattern of giving misleading in- about, Ladies and gentlemen of the pened years ago, and I remember it, formation to members of the Select United States, you give us an oppor- too, in regard to the Korean Conflict, Committees on Intelligence, then we’ve tunity, you let us control, and we will and then brought us into current time got some serious problems, Madam drain the swamp. We will end this cul- and talked about what is going on in Speaker, we have some serious prob- ture of corruption. North Korea now and what is going on lems, and something needs to be done And here again, I am mighty dis- in Iran. about that and needs to be done right appointed. We’re not seeing any end to The intelligence that we receive now. Because, as Judge CARTER was the culture of corruption, and it seems about things that are really bad things saying, these things that are going on like more and more is being swept occurring across the globe has got to in Iran, in North Korea, and in other under the rug. And it shouldn’t happen be wisdom, and it has got to be honest. parts of the world, this can’t wait. If on either side of the aisle, and so that You can’t modify those two terms and we’ve got a problem, we need to solve is why we’re here. Again, it’s painful, say it is conventional wisdom or it is this right now. So that’s why we’re and we’re not trying to hurt anybody. relative honesty. Wisdom and honesty here tonight. We’re just trying to help the American don’t have modifiers. It is either wis- And again, I appreciate my colleague people. dom or it is not. It is either honest and from Texas for doing this gutsy thing And I yield back to my colleague truthful or it is not. because he’s not perfect, Madam from Texas. So as Judge CARTER talks about this Speaker, and I’m not perfect. And Mr. CARTER. And I thank my friend. situation with our distinguished again, I may have a little speck in my Let me say first, not being a Biblical Speaker of the House of Representa- eye, you know, and the house I live in scholar, but that’s from The Sermon on tives in regard to whether or not what may have too much glass in it, but on the Mount. Jesus talks about trying to she said about the CIA was honest and the other hand, if we see things, and get the cinder out of your neighbor’s truthful, or whether the CIA was hon- again, I’m not suggesting anybody— eye before you take the plank out of est and truthful in regard to their re- certainly not suggesting that our your eye. And that’s fine. sponse, in fact John Podesta, I think, Speaker, the Speaker was lying, but if I know that most everybody thinks basically said, Look, the CIA spoke the there’s a problem, it needs to be this is a very contentious place, and so truth. brought forward for the betterment of when people start talking about these this body. We owe that to the Amer- things, they think, oh, it’s that same b 2100 ican people. We owe that to the Amer- old stuff. I want you to know that the The consequences, Madam Speaker, ican people. announced date of the firing of that are so serious to this Nation, and in- Unfortunately, Madam Speaker, it rocket by North Korea is Independence deed, to the world, that it is important. seems that our House Committee on Day, July 4. That is the day they say If you ask any citizen of this country Standards of Official Conduct, the Eth- they are going to shoot a rocket at Ha- and you say, ‘‘Who do you think you ics Committee, has been dysfunctional waii. depend on most to tell the truth, would since the day I came here 7 years ago. Now, I’m assuming that the White it be the Speaker of the House or the I’m in my fourth term, Madam Speak- House and the Select Committees on Director of the Central Intelligence er, and that body has been dysfunc- Intelligence of the House and Senate Agency?’’ I’m not sure how most people tional since the day I came here. It’s are very, very interested in knowing

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15936 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 accurate information about what’s tics that’s involved around this. It’s all I heard that constant drub of criti- going to be on the nose of that rocket about politics as well as what really cism that was coming here for several when it’s fired because, quite frankly, happened. And at this point, with years. The 30s group came down here to if you want to restart the Korean War, somebody announcing on the 4th of the floor almost every night and made how spectacular could it be that they July they’re firing a long-range mis- those kind of allegations. And I was will have an armed missile fired at one sile, you’ve got to put politics aside at looking at people over on this side of of our States and then invade across that point in time and say, Trust the the aisle that were clearly committed the 38th parallel. It could be disas- community. They don’t lie, because to this cause and people that I would trous. they’re usually going to tell us what is trust with everything I have, working Now, that’s not my imagination happening with that missile. That’s my hard, struggling to represent the Amer- working. It’s happened before. I mean, whole thinking of this deal. ican people. They took that kind of the invasion took place. That’s what And the truth is, what I’ve been try- criticism, and some of the American started the Korean War. They’ve got ing to talk about since day one of this people bought that kind of promise. one of the largest armies in the world. conversation I’ve had when I brought b 2115 They’re saying that they have canceled up the Rangel rule and all these other the armistice. Now, under technical things, is that if we, as Members of this But today they know different. rules of war, canceling an armistice re- House, have questions that we think Today they know this Congress doesn’t instates the war. We’re not treating it need to be resolved, we have only one meet that standard. that way because regular rules of war place to go, and that’s to our col- The other statement here on Na- kind of have been changed, not by leagues in this House and say, These tional Public Radio: ‘‘Under strong at- what’s written in the books but by issues need to be resolved. tack from Republicans, House Speaker usage. So we never really called it a If there is nothing to them, we need PELOSI accused the CIA and Bush ad- war. We called it a conflict and so to find out there’s nothing to them, but ministration of misleading her about forth, like we’ve done in so many other they need to be resolved. And if you’re waterboarding detainees in the war on things we do. But the reality is they draining the swamp, that means you’re terrorism.’’ said the armistice is off, which means going to address issues as they come Again: ‘‘They mislead us all the time. that we should be technically back up. If something stinks over in this I was fighting the war in Iraq at that fighting. They said they’re going to part of the swamp, you drain that point too, you know.’’ fire a missile on our Independence Day, swamp and find out what’s stinking. Not really. Not really, Mr. Speaker. the 4th of July. That’s what she meant when she said Here’s what I remember. I remember Now, why do I bring that up? Because ‘‘draining the swamp.’’ when Speaker PELOSI grasped the gavel by my watch, this is the 23rd day of Now, we pointed out parts of the up here in January of 2007, and from June. We’ve got to be able to trust our swamp which our colleagues on the that point in that Congress, she led at Intelligence Committee and our intel- other side seem to be dwelling in right least 45 votes here on the floor of the ligence community in, what? That’s now, by accusation only, by press accu- House of Representatives that were de- the next 10 days. In the next 10 days we sation. Let’s clear those people’s signed to either unfund, underfund, or have to be able to have that confidence names. If there’s nothing in that undermine our troops. And that’s all a in them. And we’ve already got the swamp, let’s drain it. Let’s find out. matter of record. It’s all on a spread- third person in line for the Presidency And that’s the responsibility of the sheet in my office, and I can lay it all of the United States telling this body leadership of the majority and that’s into this CONGRESSIONAL RECORD, and that the intelligence community lied the responsibility of the Ethics Com- actually I probably put it all into the about what they said about a briefing. mittee, and that’s why we keep talking CONGRESSIONAL RECORD at one point or Now, you know what? I’ll even give about those ethical issues. another. But this isn’t fighting the war you the way it could be handled. I Unfortunately, there may be more. in Iraq. She was fighting against the mean, this place is full of things that We have to be prepared to do what we war in Iraq. And the goal was to get go on that are very confusing. It could promised the American people, and the our troops out of there, declare defeat, be: I made a mistake. I didn’t under- first thing we need to address is this and bring disgrace down upon the Bush stand the briefing. Yeah, I heard it, but issue of whether or not the community administration for whatever that mo- I didn’t realize what he was saying. was lying to the American people. tive might be. But it was clear in the There’s lots of things to be said. But to I see we are joined by my good friend rhetoric that came that it wasn’t in sit here with this—it’s trying to just go and loyal stalwart who always shows support of victory in Iraq, but every away. The President isn’t talking up when he sees me all by myself with move, all 45 votes, as a matter of CON- about it anymore so it will just go PHIL on the floor, my friend STEVE GRESSIONAL RECORD, undermined our away. But it’s not going to go away if, KING from Iowa. troops. on the 4th of July and the missile is on I will yield to you whatever time you And yet President Bush issued the its way, we have the decision to make, would like to have, Mr. KING. surge order, and the surge strategy has do we take it down, shoot down that Mr. KING of Iowa. I thank the judge clearly been a success. I traveled to missile as it heads towards Hawaii, from Texas for yielding and for also or- Iraq with the gentleman from Texas, which it probably can’t get there, but ganizing this Special Order, and the and I recall some real hot days over if it can, do we shoot it down or do we gentleman doctor from Georgia as well, there. And I can remember that there let it fall in the ocean and take our who has been persistent and relentless was a time when we couldn’t go to chances? Or do we let it fall on one of here standing up for truth, justice, and places like Ramadi or Fallujah because the islands in Hawaii and take our the American way, and fiscal responsi- they were too dangerous, and I can re- chances? Or what are we going to do? bility, constitutionality. member coming back 6 months later Intelligence community, how safe do And as I’m reading The Washington and going shopping in Ramadi. And I you think that launch is? They give us Post language, the statement that can remember coming back a little the facts. Now, the meeting is behind came from our Speaker on November 8, later and meeting with the mayor of closed doors and somebody says, Well, 2006, ‘‘The American people voted to re- Fallujah, who declared Fallujah to be a yeah, they tell us it’s got a nuclear store integrity and honesty in Wash- city of peace. This all happened be- warhead on it. But they lied to PELOSI. ington, D.C., and the Democrats intend cause of the nobility and the sacrifice Are they lying to us? Do we want that? to lead the most honest, the most eth- and the courage and the bravery and Is that good governance of this coun- ical, and the most, perhaps, moral Con- the dedication of our U.S. military. try? gress in history.’’ And ‘‘the most hon- And you cannot talk about our mili- And the reason you have to raise this est, most open, and most ethical Con- tary without talking about the Com- issue is because there’s so much poli- gress in history’’ is that language. mander in Chief, and it was President

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15937 Bush who gave the order. And now we said, Did you really do those things? John Podesta. John Podesta is not the have reached this point where we have Did you really preach these things? Director of the CIA. That’s Leon Pa- achieved as a Nation a definable vic- And Jesus said, Ask them. They were netta. So we all have senior moments. tory in Iraq. And it’s definable in a lot there. This all happened openly. And I’m maybe a little older than the of ways, but it wasn’t because of this the guard struck Jesus for his insolent Speaker. I certainly look older. She’s a quote that we’re reading here about answer, supposedly. And Jesus said, If I very attractive Speaker, as we all the Speaker fighting the war in Iraq at speak wrongly, then you must prove know. But she could have had a senior that point too, you know. No. She was the wrong, but if I speak rightly, why moment in regard to this. fighting against it here on this floor, do you strike me? And, Mr. Speaker and my colleagues, and it’s a matter of record, and that If someone speaks wrongly, the one don’t you know that after this hap- point can’t be allowed to pass. who challenges their integrity has the pened and she said that, don’t you So what has been achieved is a defin- responsibility to prove they’re wrong. know that there was a meeting of the able victory that’s there. The Jesus said that to the high priest. The powers that be with the Speaker and ethnosectarian deaths have dropped 98 least we could do is ask the same with the CIA, with the Director of the percent from their top. The civilian standard of our Speaker to prove the CIA, and information was presented deaths have dropped 90 percent. Our wrong of the CIA. which would have shown that she ei- American casualties there over the last And this will not go away. We cannot ther misspoke or didn’t misspeak. And year, and my data will be brought up tolerate a situation where there’s a if she misspoke, how simple, Mr. to date on the 30th of this month, but mistrust between the highest levels of Speaker, how simple it would have as of the last day of June last year, and intelligence-gathering services in the been to just say, ladies and gentlemen, I pray to God that we don’t have any United States of America that gather not of the Congress, not of the House of more casualties there for all time, but the intelligence information, that di- Representatives, but more importantly the roughly accidental deaths in Iraq rect our military, our overt and our ladies and gentlemen of the country, I to Americans are roughly equivalent to covert operations, and that go in and was wrong about that. I didn’t delib- those deaths that are hostile deaths, preempt terrorist strikes against erately lie. I was just wrong about categorized as hostile deaths. Americans and other free people in the that. I didn’t remember. I didn’t re- Now, that is a very good statistic if world and to have them intimidated by member that briefing. Or the opposite, you are looking at war zone statistics. an allegation of telling a lie, which that the CIA was wrong and didn’t in- If you are at as great a risk from get- would be a felony, and there’s a specific form. And that puts the issue to rest. ting killed in a rollover of your section in the code punishable by 8 Mr. Speaker, that’s all our minority Humvee as you are by the enemy, there years in the Federal penitentiary if a leader, the gentleman from Ohio, JOHN has been a lot of progress that’s been member of the intelligence community BOEHNER, the respected leader of the made there; a lot of progress made in should lie to the United States Con- Republican House conference, that’s all the local governments with free elec- gress. And there it is: title XVIII, U.S. he said that should be done. Let’s get tions. They’ve had a number of free Code 1001, 8 years in the penitentiary to the bottom of this thing, put it to elections and ratified a constitution. for that. It’s very specific. rest, and tell the truth. The truth will The last election they had was at least So this has got to stop. It’s got to be always serve you well, and the truth is as peaceful as our last election and resolved. And this Congress has got to not painful. probably at least as legitimate as our bring it to a head. Mr. CARTER. Reclaiming my time, I last election as well. I think there is a I appreciate the gentleman from don’t want to keep belaboring this lot to be celebrated in Iraq in the Mid- Texas for having this Special Order and issue, but I think somebody ought to dle East. raising these issues, an opportunity to be thinking about it before they light And I didn’t mean to divert from the echo this out to the American people. the first firecracker on the 4th of July, subject matter, but I think we should Mr. CARTER. I thank my friend. that we have a country that has basi- raise up to the CIA subject and ask Now I yield again to my friend from cally said as far as they are concerned what about the national security of the Georgia. He seems like he has some- they’re back at war with us, telling us United States of America when the thing he wants to say. they’re going to fire a missile at one of Speaker of the House declares those Mr. GINGREY of Georgia. Of course I our 50 States and they’re going to do it who are briefing her up in the secure appreciate the gentleman’s yielding, on the 4th of July. room on the fourth floor to be a group and once again I appreciate his having Now, let’s assume that we are going of felonious liars that have contin- the courage, as well as the courage of to get some intelligence on that. Let’s ually, according to her, misled the Con- my colleague from Iowa, Representa- start off with them saying it doesn’t gress of the United States of America tive STEVE KING, to come to the floor carry a warhead, let it go forward. And and lied to the Speaker of the House. and to talk about issues like this. As I then the man that’s going to have to And why would the Speaker go back up said earlier in my remarks, it’s very make the decision is going to be the and be briefed again by people that she painful, very hard to do, but it is some- President of the United States. This is declared to be liars, and how could anything that has to be done. not a decision you do by committee. one separate the CIA from the other 14 If the CIA, as I said before, if they That’s why we have an executive members of the intelligence commu- are lying to someone who is third in branch. He will collect that data, and nity? Would anyone actually go brief line to the President, the Speaker of then the question is do we shoot it the Speaker after they had been de- the House, and there’s a pattern of that down. We’re pretty sure it doesn’t clared to be a liar, summarily declared lying, we have got some serious prob- carry a nuclear missile. But somewhere to be a liar, with no evidence, with no lems. And it would seem to me that in the back of his mind he says, wait a proof, simply an allegation? something of this magnitude would rise minute. Wait a minute. They lied to Now, in this country if you believe to the level of an Iran Contra issue or, NANCY PELOSI. How do I know they that someone is not telling the truth, indeed, a Watergate issue where you haven’t done their work and they’re you don’t raise that subject. You just absolutely have to know who’s lying, telling me this to feel good about it? accept what they say without chal- who knew what and when and who’s Maybe there is a missile on board. Or lenging them unless you can prove telling the truth and who is not telling he thinks, I don’t know what to do be- they’re wrong. That’s the way it is in a the truth. And we all know the con- cause I don’t know whether I can trust Western Christiandom, as Winston sequences of those actions. my intelligence. Churchill declared Western Civiliza- Again, I’m not suggesting, Mr. But he knows that the firing of our tion. And I believe it’s rooted in the Speaker, that our Speaker, the Speak- missile, which, by the way, according Book of John when Christ stood before er, has lied. In my earlier remarks this to my friend TRENT FRANKS, we have the high priest Caiaphas and Caiaphas evening, I misstated something. I said got missiles that can take this thing

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15938 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 down. So let’s assume we execute one could come because of the doubt that’s Mr. CARTER. As much as we don’t of those and we bring it down. And the been planted, and every day that goes want to get off process, so everybody is North Koreans say, that’s it, act of by there’s no doubt because it’s not re- clear, let’s put it this way: If you are war, and here they come swarming solved. listening to what we are talking about across the 38th parallel into South Let me submit another way that this here today and you would like for us to Korea and they are marching that 80 hurts America’s security beyond this have this addressed by the Members of miles to Seoul. And we get accused of point that you made, Judge, about the the House, it takes the ability under starting a war. Or worst case scenario indecision that could allow a missile to the rules to raise the issue. And if we say, well, we can’t trust the intel- land and hit the United States or to do have what they call a closed rule or a ligence, don’t shoot it down, and it hits an early strike, because we don’t really modified closed rule, where only cer- the big island of Hawaii and goes boom. know. But here’s another scenario. tain agreed-to amendments to a bill can come forward, we hate to talk And now we’re in it, and it’s nuclear or b 2130 maybe less than nuclear. Who knows. about process, but that’s how we are The point of this conversation is intel- This cloud has been cast over the in- prevented from asking the questions ligence matters. telligence community, and it echoes that I would hope that many of the Mr. GINGREY of Georgia. If the gen- over the top of our entire defense net- people that might be watching this tleman would yield. work that’s there. There are people in would say somebody ought to ask the Mr. CARTER. I yield. this Capitol that work to please the whole House about this. Mr. GINGREY of Georgia. I thank Speaker, and many of them are staff. Do we need that missile defense Mr. the gentleman. And these are staff that are on com- GINGREY mentioned? I kind of think we We were just before the Rules Com- mittee. They are the Speaker’s staff. do. I would like my Member of Con- mittee, Mr. Speaker, submitting an They are in a position to write these gress to do something about that. amendment to the Defense Authoriza- bills in the middle of the night that get Maybe they might even go to the trou- tion Act of 2010, our National Defense dropped on us about the time that the ble to write their Member of Congress Authorization Act, something like $525 rooster crows in the morning. And then and say I would like to see you vote on billion. But $1.2 billion, as the gen- we are to figure out what’s in them and this, vote in favor of it. But how are tleman from Texas was alluding to, what’s not in them on a closed rule or they going to see it if we are closed off was cut from the missile defense pro- a modified closed rule, and the Rules from even offering it on this beloved gram. It was cut from the missile de- Committee deciding the debate now is floor, which is, of course, this sacred fense program at a time when Kim in the Rules Committee. people’s House. And that’s why we Jong Il is firing missiles and testing And so we don’t even get any debate think the rules ought to be open. nuclear weapons, violating the nuclear here on the floor on the $1.2 billion, an Mr. GINGREY of Georgia. Just brief- test ban treaty. And our intelligence is opportunity to put people on the ly, that is exactly right, that people in telling us, as the gentleman from record—we may not, I think we prob- these 435 congressional districts, Re- Texas just said, that these ballistic ably will not, at least get that vote, publican or Democrat, they need to missiles that they’re testing could but to put people on record and find know how their Member would vote on reach Hawaii. Well, we are getting that out what this Congress thinks the col- an issue such as that, something that information, Mr. Speaker, not nec- lective wisdom of the American people important to this country in this time, essarily from the CIA but from all of is to be reflected here. And we can see they need an opportunity to hear that our intelligence agencies. Heck, there the funding for the defense intelligence debate on this floor. You know, up or are 16 of them, and most of them are all the way across the board systemati- down, they need to know how their Member votes, and the point made by within the Department of Defense. The cally and summarily undermined and the gentleman from Texas is absolutely Defense Intelligence Agency is an ex- reduced by staff people who are pro- on target, and I just wanted to empha- ample. tected because we can’t even offer the size that. And, of course, we have a National amendments here on floor, who are Mr. CARTER. I think most every- Intelligence Director, which was in- seeking to please the Speaker because body understands that these bills that sisted upon by the 9/11 Commission and she has made a comment into the record. come before this Congress have some- the families of the victims. So, you times a thousand, well you saw the one know, it seems now to me, Mr. Speak- And how do you fix that lack of JOHN BOEHNER dropped on the floor— trust? It undermines the resources, I er, that we are kind of getting a little it’s about that thick. believe, going into the intelligence loosey-goosey about all this stuff and I mean, they have got thousands of thinking gosh, you know, the Speaker community that’s there, and it causes pages of things in them. So how you of the House said that the CIA lies. others to look more critically upon the vote on a bill doesn’t necessarily tell You can’t trust them. So maybe that’s intelligence group all together with the you what’s in the weeds, like a couple why we are so ready to cut missile de- CIA and others, which undermines the of million dollars for missile defense, a fense. We don’t believe the intel- support of the public, undermines the couple billion dollars for missile de- ligence. support of Congress and undermines fense. It doesn’t tell you that. And if Mr. CARTER. All the time she says the resources that they will have to it’s not discussed, you don’t know and they lie. All the time. It’s not just this use. there is not any way we can tell you. instance. Her statement was they lie to And if we have people whose lives are That’s why the openness of this us all the time. out there on the line every day, and we House is so important, why an open Mr. KING. do, they have got to be questioning rule is so important. Mr. KING of Iowa. I thank the gen- themselves as to why do they do this. Mr. KING of Iowa. I thank the gentleman from Texas for yielding. Do they really want to put themselves tleman from Texas, and I think I am You’ve raised a scenario here that up for this kind of scrutiny, this kind watching the clock tick down here, and disturbs me a great deal about what of allegation. And if I were Leon Pa- I will just conclude in a couple of min- happens to the indecision when you netta, and if I was seeking to send utes. don’t trust your intelligence commu- somebody up here to brief the Speaker, But as I said, I just came from the nity because of an allegation that’s I don’t think you would ask for volun- Rules Committee. And there is really made by the person that’s third in line teers, because I don’t think you would not room in there for a tripod and a from the President of the United get any. camera and not really room for the States. This isn’t somebody sitting on I think that has to be a direct order press to operate the way they need to, a street corner somewhere. This is the from the CIA. If you like your job, brief and there is not room there for staff to person third in line to the President of the Speaker. You might have it when come and make sure they are there to the United States. The indecision that you are done. run the errands we need.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15939 I know the gentleman from Georgia want to devote our time to talk about In my own district, like many other knows this very well. He served on the the issue of health care. Given the late of my freshmen colleagues, every Rules Committee. It occurs to me that hour, we may not see as many of our chance I get during the break, on week- if the debate is where the rules will colleagues as we would at other hours ends, we have been meeting with take place in this Congress, let’s move of the day, but we know this is an im- groups of individuals. And as I said, the Rules Committee down to the floor portant issue any hour of the day, and this spans from constituents who I of the House of Representatives. And I am very happy to be here and to have meet in the grocery store, who tell me let’s elect the members of the Rules this opportunity to talk a little bit about their individual challenges, to Committee from the full House and about it. doctors, nurses, providers, nontradi- let’s make sure they are equally rep- This is certainly an important time tional providers, to chambers of com- resented between Republicans and about the—for the issue of universal merce. And, once again, what I hear is Democrats and put the C–SPAN cam- access to health care and expanding they all want change, and they want eras on them and have an opportunity the access to health care. I don’t know things to move forward. to have a full-throated debate on every about other Members, but I would I had the good fortune of being a amendment that would be offered to think it’s a universal feeling out there State legislator in the past, and this the Rules Committee as if this were ac- that this is the number one issue for so was, back when I first ran for office in tually the full House. many Americans. 1992 as a State legislator, again, one of Because they are functioning, with I started campaigning a long time our number one issues. And it’s amaz- the function of the House of Represent- ago. I got sworn into office last Janu- ing to me now, 17 years since then, it atives in the Rules Committee, we have ary. And I can say, during the entire hasn’t gone away, in spite of the many got to turn the sunlight on what’s time I was campaigning and since I things we attempted to do in my home going on up there. Either that, or we have been elected to office, for so many State, the State of Maine, to take on are going to have to go back to the people, this is their number one issue. the pricing of prescription drugs to at- I hear this from individuals who open rule process that has been the tempt to expand access to more indi- don’t have health care coverage, people long-standing tradition here in the viduals in our State. On each and every who have insurance and don’t find that United States Congress. This is unprec- one of those we made progress but we their company is there when they need haven’t gone far enough. edented to see the systematic destruc- it. I hear it from big business owners And when I hear from my colleagues, tion of deliberative democracy taking who are challenged by the cost of my former colleagues in the State leg- place up there on the third floor out of health care, from small business own- islature, my daughter, who is the sight of the public eye. ers who don’t know if they can con- Speaker of the House—and as you can Mr. CARTER. Well, we have raised a tinue to cover their employees. imagine, I am very proud of her—the lot of issues, we have talked about a It is a universal issue. I hear it from one thing they say to me is, You have lot of things. I think we expressed our providers, from doctors and nurses and got to do something about this. We personal concern about this issue of others who say, You know, when I have tried as hard as we can in our the veracity of our CIA and whether or signed up to take care of people, to home State, but we can’t go it alone. not they have been lying to the Con- make sure that their health care needs States across the country are feeling gress and to the Speaker of the House, were going to be met, I didn’t expect a the exact same challenge, but they the third most powerful person and the system that would fall apart in the want now to have us at the congres- most important person in line for the way that it has. This is, as I say, a uni- sional level to do something about this. presidency. versal issue. People say to me, Health Now there are many things that we These are issues, as the ethics issues care ought to be a basic right. It is ex- could talk about tonight. We even have we have raised previously, issues that tremely important that this Congress a few charts and graphs, but let me have places they could be resolved, ei- does something about the issue of just get started by recognizing my ther in the leadership of this House or health care, and we want to see you do good friend and colleague, Mr. BOCCIERI the Ethics Committee, they need to be something. from Ohio. I know he is hearing about resolved, Madam Speaker. We need The good news is that this Congress this quite a bit in his home district, these issues resolved, and I would final- is working very hard on putting to- and it would be great if you could just ize this argument by saying, especially gether legislation. The President budg- talk a little bit about some issues and this intelligence issue, before the world eted $634 billion for health care reform concerns and then we can keep going blows up in our face. in the budget that we have already on this topic. I want to thank our colleagues for passed, and the Speaker of the House is Mr. BOCCIERI. I thank the gentle- being here with us and for helping me committed to passing a bill by the end lady from Maine not only for her ex- with this today. And I really value of July. The President has asked us for traordinary work on the House floor their opinions, and I appreciate them a bill on his desk this fall. here but also on the Rules Committee. expressing it. The discussion draft was released in We appreciate your efforts to help Now, we will yield back the balance the House just this Friday, and I, per- move the country forward. There is no of our time, Mr. Speaker. sonally, can say that I am happy to see question, perhaps, the biggest issue f a lot of the good things that are in- that we will address in our freshmen cluded in there, a public plan option, tenure and perhaps for the time that HEALTH CARE better insurance regulation, insurance we serve here in the United States Con- The SPEAKER pro tempore (Mr. companies won’t be able to cut people gress is health care. And there is per- MAFFEI). Under the Speaker’s an- out who have preexisting conditions, haps arguably no more important issue nounced policy of January 6, 2009, the reasonable amount of cost-sharing and that we could tackle as a Nation than gentlewoman from Maine (Ms. PIN- emphasis on prevention and wellness, to get our health care costs under con- GREE) is recognized for 60 minutes as investments in Medicare and Medicaid, trol. the designee of the majority leader. many of the things that we have been And I know the gentlelady from Ms. PINGREE of Maine. Mr. Speaker, talking about and that I hear about all Maine is hearing what I am hearing it’s a great honor to be here tonight. the time from constituents in my dis- back in my district, and that is that The freshmen members like to take a trict are in this bill. people, working families in our dis- little bit of time and come to the floor More than anything else, people say trict, are one accident, one medical and talk about issues that we find are to me you need to pass universal access emergency, one diagnosis away from of great concern both to our country to health care. You need to do some- complete bankruptcy. And, in fact, in and back home in our district. And so thing now. And I feel like we are right 2007, 60 percent of all bankruptcies tonight I am going be joined by a cou- here in the middle of this, and we are were due to medical costs, some acci- ple of my freshmen colleagues and we moving forward on this. dent that a family had sustained or

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15940 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 some unsustainable costs that had aris- when that worker in a factory in Can- Mrs. HALVORSON. Thank you. I en because they had contracted a dis- ton, Ohio, loses their job and they get want to thank Representative PINGREE ease or some sort of cancer. And we hired by another factory with another for leading this hour tonight. It’s great need to do our part here in Congress to set of health care principles and an- to join you, as well as our other col- make sure that we are working on this other set of health care opportunities, league, Mr. BOCCIERI. issue and getting these costs under and they were a diabetic, God forbid, it Health care has been a topic that control. becomes a preexisting condition now comes up every year, but yet nobody They predict right now that 16 per- that they are seeking treatment from finds the time to really, really put cent of our gross national product is their physician for routine coverage their nose to the grindstone and get for paying health care. And that in a that would have been covered pre- something done about it. It’s probably few decades that cost could grow as viously. the top issue to all Americans every high as half of our gross national prod- We need to end preexisting condition. day, talking about how are they going uct. That is absolutely unsustainable Portability, covering all people, adding to afford these skyrocketing costs. It’s for our future. prevention, and making sure that phy- also an important topic for businesses And we have an obligation to make sicians and doctors are making and across our country and especially for sure that our country can be competi- prescribing the types of health care our national budget. tive, that we can have a workforce that that our patients should seek. Those Tonight, I want to focus, I think, on is not only well educated and trained are the five Ps that I hope we have in the urgent need for health care reform. but has access to the basic fundamen- this great and robust dialog here on And it’s a personal story for me. It’s tals of prevention and healthy life- Capitol Hill. personal to me and my constituents styles and access to seeing the doctor So I thank the gentlelady from who are struggling with the medical that they choose. Maine for bringing this issue, and I costs, and it’s personal for so many And when I speak to my constituents hope that we have a very spirited dis- Americans that are struggling with back in Ohio, in northeast Ohio, I talk cussion about how we can move this these health care costs across our about the five Ps of health care, the issue down the field. country. I know what it’s like for someone to five Ps, the fact that we need to cover Ms. PINGREE of Maine. We’re joined struggle with health costs because of a all people. Now, when we talk about by another one of our colleagues, but lack of access to good health insur- covering all people, we need to under- you mentioned some of the cost issues. ance. I’ve seen my parents take this stand that by not doing so it’s actually Since we have a couple of charts, I battle on. Growing up, my dad was self- costing all of us paying into the system thought I might just put them up here employed, and my parents just couldn’t more money. Those 46 million unin- right now. afford health care. Being self-em- sured or underinsured people who can’t You talked a little bit about the expenses of health, and here’s one that ployed, it was virtually an expense seek access to their doctor because that we could not take on. In fact, I’m their health care effectively ended shows how our national health expenditures have really just, as they say, not even sure I remember going to the when they got their pink slip at the doctor. It was just something we didn’t gone off the charts. This is one of those job, because they can’t afford a COBRA do. charts, actual and projected, that payment, they are uninsured or under- Later on in life, my mom was only 49 insured. shows that we can no longer afford when she was diagnosed with breast And when they use the hospital this. cancer. I can remember my parents People always say to us, How are you emergency room as their primary care spending all their time focusing on how going to pay for health care? I say, physician, they are costing all of us to pay for the bills instead of focusing paying into the system four if not five when I talk to businesses, individuals, on her health. And it was very, very de- times more by using the hospital room, I say, How are we going to afford the pressing for the whole family. the emergency room as their primary system the way it is? And this is one of I can remember her talking about— care physician. We need to cover all the charts that really, really shows and, remember, she was only 49. She’s people. that. okay today, but I can remember her And to those Americans who might Let me just show another one right spending the next 15 years of her life be listening tonight, we need to under- now. I think this is one that we don’t just wishing and hoping she could stand that the American taxpayer have to tell any of our constituents. make it until 65 so that she would have right now is paying to make sure that We, again, hear it all the time. We hear health care again, because virtually every man, woman and child in Iraq it from business owners who say with that preexisting illness she could has access to universal health care cov- they’re worried that they can’t cover never have health care again. And that erage. Now, it’s inconsistent that we the cost of their employees anymore or was so sad to our entire family. would pay for Iraqis to see the doctor they have really cut back. But here’s And I’m not the only one that’s been they want to but yet not Americans. one that just shows, since 2000, health through it. I hear story after story The second P is that we have port- care premiums have doubled while after story, and certainly true with so ability, that our workers, when they wages have only gone up by just 3 per- many people with preexisting illnesses. get that pink slip, God forbid, that cent. My mom was very fortunate. She won they can take their health care from So it is no wonder that people every- her battle with breast cancer. But even job to job to job. Portability, covering where we go are saying to us, We’re today, many, many families find them- all people. just dropping our coverage. They’re selves in that same situation, and it The third P that we have in our five just going without coverage or they’re shouldn’t be that way. Even families Ps is making sure that we provide in- going for the $10,000 deductibles. How who do have health insurance find centives for prevention, because pre- many constituents have you seen that these rising costs or they have the vention should be tied into all of this say, I’ve got a $10,000 deductible and a false sense of security that they have with respect to healthy lifestyles end- very expensive plan, and I spend the health insurance, only to find some of ing the chronic diseases that plague so whole year paying that $10,000. Why do these costs and some of these tests, many. I even have insurance? That’s just that they’re denied. something I feel like I hear all the So, in order to compensate for the b 2145 time. care for the uninsured, families are And we have to end preexisting con- Why don’t we welcome our other col- paying about $1,000, each family, in additions—insurance companies using as league, the other night owl here, Con- ditional costs each year in their own a notion of disqualifying people from gresswoman HALVORSON from Illinois. health care plans to cover those with- seeing their primary care physician the And we’re just so pleased to have you out insurance. So, it’s obvious we need notion of preexisting conditions. And join us and hold forth. health care reform.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15941 As Congress takes up this health care that would cost me $400 a month with country. We have a responsibility and issue, we have to follow and focus on a 5K deductible? I have been stripped of an obligation to fix this issue so that the following priorities. We need to re- my wealth over the past 30 years and in we can remain competitive as a coun- duce costs. We need to preserve every- nonadjusted dollars I made more when try and help our citizens. one’s choice of doctors and their plans. I was 24 years old than I make now as Now, I want to tell you about a per- We need to improve the quality of care. a 53-year-old. We need taxpayer-funded sonal story myself. As an Air Force These are the keys to successful reform health care. If it’s good enough for our pilot who was deployed all over the health care and reforming of health elected officials—which we all know world, I had to get shots so that I care in America. very well—it should be good enough for wouldn’t get sick when I went over- The cost for an average American, all of us. We want health care to pass seas. I received a couple of anthrax for businesses, and for our country are right now. shots as part of our mobility deploy- out of control, and they’re still rising. Here’s another person who said to me ment, and I was having these terrible As Representative BOCCIERI said, 15 something that I mentioned before. I reactions. My knees were swelling up. percent of our gross national product, feel like I hear this a lot in Maine. Peo- They were getting red. So the flight and it’s going up every year. And it’s ple who are self-employed. We have a surgeon suggested that I should go see just becoming one of the biggest bur- lot of fishermen and farmers, wood- a rheumatoid specialist. I waited near- dens not only on families, but on busi- cutters in our area, who go out and get ly 3 months to get in to see this rheu- nesses also. So we need health care re- these plans with huge deductibles. It’s matoid specialist, and then I waited 21⁄2 form. We need to reduce these costs. all that they can afford. hours in the doctor’s office when I fi- Secondly, when we’re talking about Here’s somebody who said, I can only nally got there. health care, I don’t think there’s any- afford a catastrophic plan with a When the nurse ushered me into the thing more important than a person’s $15,000 deductible. It’s essentially in- doctor’s waiting room there, I sat on relationship with their doctor. And we surance to save my home if my wife or the table for about 20 minutes. The need the health care reform that’s I get sick. I can’t afford a colonoscopy, doctor came in. He did some move- going to allow you to keep that rela- which would cost around $3,000 to ments with my knee and he said, Son, tionship with your doctor and your $4,000. With a family history of colon you’re getting older. I said, Doctor, I health care plan if you like them. cancer, the chances of my dying from could have made that diagnosis. But, I Finally, we need to improve that this cancer are pretty good unless I said, These are recurring as a coinci- quality of care and we need good access was able to detect it early. But the dence to these shots that I have been to preventive medicine and we need to health insurance industry doesn’t care getting. encourage Americans to stay healthy. So he went in the corner, wrote a about my health. They only care about This is a cultural thing, and it’s not prescription, and said, Call me in a the profit and will help those who help going to happen overnight. But we month after taking these pills to see if them. really need to invest in health and this works. I said, Doctor, I’m 30-some- He is just feeling angry and saying, wellness and help change the culture of thing years old. I’m in good shape. I you know, you have got to do some- our society. want to figure out why this is hap- thing about this now. That’s one of the So I’m just so glad that I have the pening. We went back and forth for a things that you mentioned. opportunity to spend an hour here with couple of minutes and he said, Son, I We need a plan, and the proposals be- my colleagues talking about some of have got to get down the room to see 15 fore us talk about wellness, early inter- the things that we need to do. other patients so that I can keep the vention, women getting mammog- Representative, thank you for having lights on in this building. And I us tonight to make sure that we talk raphy, getting those early checkups thought to myself, Is that what we about this very important issue. and treatments when you need it. have reduced health care to? Is that Before I turn it back over, I just Ms. PINGREE of Maine. Well, I know what we have enabled our system to want to share my own story, or a little that not too many of the American give and administer to our citizens? bit of it anyway. I had a brother who people are still up and watching us on They deserve better. C–SPAN, but those who are and those died of melanoma, which is almost al- And that’s why our choices for the who see this later I think will be just ways a tragic and difficult form of can- bills that we are introducing are going so grateful that they’re hearing one cer. He was diagnosed 20 years ago, so to add some significant improvements. more conversation about moving this he would be about 60 years old today. One, we’re going to make sure that forward. He was 40 at the time. Americans have more choices to see What they don’t want to hear from us But without going into all the de- the doctor that they want, to develop is, Well, we talked it all over but we tails—and sadly, most of them haven’t and sign onto the plans that they want backed down. We just tinkered with it changed, but his employer dropped his and to make sure, number two, the around the edges. We couldn’t really coverage. He was unable to get the number two guidepost we have is that pass anything. We couldn’t find a way kind of coverage that he needed. He bureaucrats and bean counters are not to get to a conclusion. That is defi- and his wife had to basically turn over deciding the type of health care that nitely not what they want to hear from all their assets so they could be eligible our citizens should get. us. for Medicaid. And, lastly, we want to make sure They want to hear, you’re on the I can guarantee you that my brother that families understand that there’s floor, you’re working hard, you’re spent the 18 months of his illness wor- enough money in the system. We hear going to pass a health care bill before rying about how he was going to pro- from the other side about how are we you go home on recess. vide for his family when he was gone. going to pay for this. This is going to I just want to add one thing, then I That shouldn’t be. It shouldn’t have be more resources coming down here to hope you all continue with the stories been that way 20 years ago. It’s shock- Capitol Hill and being disbursed out. that you’re hearing from your district. ing to me to think that this is 20 years We know this much, that one-third of Just as you said, there are so many later and, really, people have the same the $2.5 trillion that we spend every families with those kinds of stories problems, or worse. year on health care, one-third of that that say, We have never had health We haven’t fixed the system. It’s never reaches the doctors, never care coverage. I pulled a few out of our only gotten more difficult. reaches the patients. It’s lost some- office this afternoon, and they’re end- So, hold forth. where out in the administration of the less, the things that people tell you, Mr. BOCCIERI. The gentlelady from system. the sad things that people come up and Maine is absolutely correct about how tell you. this dilemma that is facing our coun- b 2200 Here’s one that says, I earn $20,000 a try has impacted many families not We know one-third of that money year. What good is a mandated policy only across our districts but across the could be given and could be used to

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15942 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 cover the 46 million uninsured and cent, about 50 percent of them said a lot of money in there that you are underinsured. So conceivably there is they were in favor of single-payer going to have to pay on your own be- enough money in the system to pay for health care. Now we are not even de- sides the cost of the premium. So there those people who are uninsured and bating single-payer health care in the is a lot that we have to think of. And underinsured. In fact, we hear that current bill. But the idea that physi- at the same time, I think there is a lot families have found that nearly 7 per- cians now who once said to me, keep of places where we can find reform. cent, in 1987, 7 percent of their median your hands off medical insurance and Ms. PINGREE of Maine. I will just household income was being used and the health care system, are now say- jump in on that only because the issue devoted for health care. And now it has ing, I can’t take it anymore. I cannot of the pricing of prescription drugs is a grown to nearly 20 percent. In fact, run a practice. I can’t be the kind of big part of my own personal history in Americans spend more than any indus- doctor I wanted to be. And I hear ex- politics and one of my great concerns. trialized country on health care, nearly actly the same thing from nurses, from I think I have the oldest population in $7,000 over the aggregate for a year, for everyone in the medical profession who the Nation in the State of Maine. So a family, for a working family. And yet just say, This is not working. How soon between MIKE MICHAUD and me and the our health care and our life expectancy can you get it repaired so I can really two United States Senators, we cover is on par with Cuba. It is on par with give the care that people want? And some of the oldest Americans, and we Cuba. I’m sure that you all have had similar are about 38th in per capita income. So So we have got to make systematic or other experiences you want to share. we have a tremendous number of peo- and fundamental changes, as the gen- Mrs. HALVORSON. And I think the ple who really struggle to make that tlewoman said, to focus on prevention. reason being is because they spend so decision every month: Do they pay for Four cents of every dollar is only fo- much time on paperwork, and it is so their medication or put food on their cused on prevention. Yet we have some much like a fee for service. They want table or pay their heating oil bill? of the worst chronic diseases that con- to take care of people. That can’t even tinue over this period. keep them healthy. They spend all Now, everyone may not agree with So we want to stress that folks will their time just curing ailments. So I my particular perspectives on this, but have more choices, that bureaucrats think as the culture changes how we I think one of the big mistakes when and bean counters won’t decide, but want to keep people healthy has not the Medicare part D bill was passed doctors and physicians will decide the been very good for the doctors. Just was that Congress specifically prohib- type of health care that they get, and like with the hospitals, they are seeing ited negotiating with pharmaceutical there is enough money in the system to so much uncompensated care, they can manufacturers for a better price. So pay for itself. Those are the three hardly keep their doors open. In my here we are, the biggest purchaser of guideposts; those are the three beacons district, several hospitals have already prescription drugs in the world on the that we are using as we drafting the closed. They are just not able to keep Medicare plan; and when the bill was legislation here in the House. the doors open because people are just passed, and luckily none of us were I yield back. not paying their bills. So they feel that there so we don’t have to take respon- Ms. PINGREE of Maine. I just want if everybody has some sort of insur- sibility for that, but there was no pro- to reinforce one of the points you made ance, maybe they would get something. vision for negotiating for drugs. about what you hear from physicians. I When we talk about reform, do you Now, every other country in the don’t know about you guys, but I feel know how much money we would save world negotiates for a good price for like every time I sit down and meet if hospitals didn’t have to do all that prescription drugs. So in a sense, it is with a group of doctors, I feel like I’m cost shifting? They could spread the like we pay the highest prices in the in a completely different era than when costs instead of charge people more world so that we subsidize everybody I first ran for office in 1992. When I was who have insurance. else. And I won’t go on to my giant first elected to be a State senator and One of the other things we haven’t rant, but this was one of the bills that I would meet with my local group of talked about yet is Medicare part D I passed when I was a State legislator physicians, the first thing they would and how our seniors who fall into that on helping to regulate the pricing of say was, you just keep your hands off doughnut hole very seldom come out of prescription drugs. health care reform. We are perfectly that doughnut hole. And that is some- I will just say that one of the ways I happy with the way it is going. thing that I brought up last week and really got involved in that and very in- I would meet the occasional member that is one of my priorities. It is a huge terested in it was because Maine is a of the practice who would say, I have challenge facing our senior citizens. border State, we have a lot of seniors got a few sources of dissatisfaction, but And I have been working with AARP who get on buses, bus trips for seniors I mostly would meet with resistance. on trying to figure out how do we close and go to Canada to buy their medica- And when I recently met with a group that doughnut hole. of physicians in my district, I thought In fact, out of the entire country, Il- tion. And you can buy medicine in Can- I was in a completely different coun- linois has more seniors who fall into ada, sometimes it is exactly the same try. Just as you said, it was physicians that doughnut hole than anybody else drug that you would buy just across who are saying, I don’t have any time in the country. Thirty-two percent of the border for one-third or one-quarter with my patients. I signed up to make our seniors fall into that doughnut of the price. And it is not because it is people well. And now I feel like I turn hole. And very few of them ever come a subsidized price up there, because people away. I can’t take low-income out. So we are working together. We these aren’t people with the Canadian patients because I can’t afford it. I need to do something about helping health care plan, but because the Cana- have a room full of people that just fill them. Lately, as you have heard, the dian Government negotiates for a good out the paperwork for the insurance pharmaceutical companies are coming price. companies, and then half the time, the out talking about how. So I think we So in my opinion, and I have signed things that I know my patients should will be able to come up with a very on to H.R. 684, which is by our good have are denied. And the kind of treat- good compromise on how we can all friend and colleague, Representative ment that they should be getting, they work together to help them. I think BERRY, that bill would force us to look are not able to get because they are that we have to think about that. at this and to do something about the turned down time after time. We think all of a sudden our seniors pricing of prescription drugs. And I I know people are going to find this have Medicare or Medicare part D and think that is one other thing we have hard to believe, but a group of Maine that they are taken care of. Nobody to address if we are really going to physicians, the Maine Medical Associa- thinks about the fact that once you hit bring down the cost of health care, the tion affiliate, actually took a poll of a certain point you are on your own one thing we know is that when people themselves recently; and almost 50 per- until you get to another point. There is take their medications, they stay

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15943 much healthier, whether you are a sen- get the syringes that they need to give the family in group therapy. And at ior citizen or a person with a high cho- themselves insulin, and they can’t buy the same time, she was also faced with lesterol rate hereditarily and you need their prescriptions, and all of a sudden trying to find new health coverage for to keep it down. they need to go to the emergency room herself and her children because her So we know the importance of medi- because of an ulcer on their foot, and husband just died in front of the fam- cation, and we know one way to drive they are using the emergency room as ily. While searching for that new pri- down the cost of health care is to make their primary care physicians. And vate insurer, she was denied over and sure that medicine is affordable. That that is costing all of us in the system over again because she was partici- is true of seniors and all people. And it four if not five times more. pating in that grief counseling. So that is certainly one of the issues that con- By getting those costs under control, is why I filed H.R. 2236, which we called cerns me and one of the things that I we will save money in the long run, the Grieving Families Insurance Pro- promised my constituents back home more choices, better accessibility to tection Act, because we do not think that even though we had passed this the doctors we want to see, and making health insurance companies should bill in Maine, I would take it on as an sure that we have the opportunity to deny you health coverage due to family issue here in the United States Con- contain these costs, keep them under members needing grief counseling at gress. And I know many share the same control and making sure that doctors awful times like this. concern. and health care professionals are pre- Ms. PINGREE of Maine. They really Mr. BOCCIERI. Well, I applaud the scribing health care and not bean wouldn’t allowed her to have insurance gentlelady’s perspective because there counters. coverage, and that was their stated is no question that getting costs under This is what our plan addresses, and reason? control are the most important facet of this is a matter of our competitiveness Mrs. HALVORSON. She could not get any health care reform package. And of the country and having citizens that health coverage because she was at- we talk about the health care delivery are healthy. And the well-being of our tending grief counseling, so they would system. Really, we have sickness deliv- Nation is at stake here. not give her health care. And isn’t that ery system where we are actually doing Ms. PINGREE of Maine. I am going a shame. This poor family, actually the a fee for service where folks are paid to read a quote from one of the letters father, the husband, died right there in with the number of patients that they that I brought in because it reinforces front of them. The family obviously see in their hospital or their doctor’s your point. This person is talking needed some help, and they couldn’t office. Well, how about providing in- about their issues with the health care get it. centives to say that, well, we didn’t see system. It is a Maine constituent. It So these are the kinds of things that any patients today because they are all says: My wife and I struggled to get we should never be putting people healthy? What a novel idea that would our provider to pay for special infant through. That is the other thing, it is be to provide incentives for prevention. formula that our oldest son needed to not just people not having health care. This is the type of plan we are em- live due to his protein intolerance. I don’t want people to have health care bracing here. Our plan talks about pre- This was despite our specialist doctor and give them that false sense of secu- vention. It talks about rewarding citi- showing us a letter in which the insur- rity because then they think they zens who are living healthy life styles, ance company had agreed in arbitra- automatically will be taken care of, doctors who are able to have this relation from a previous case to pay in full and we need to make sure that people tionship, as the gentlelady from Illi- for the formula in cases like our son’s. are being taken care of and they have nois suggested that we have to have a This is clearly one of those examples health care, not just necessarily health relationship with our doctor not nec- where it is a bureaucrat or a bean insurance. essarily one where you come in, you counter who is denying it just to save Mr. BOCCIERI. Let me add some- bounce in for 5 minutes, and he writes the insurance company some money. thing to the gentlelady’s remarks. We you a prescription, and you are out the This same person also says in an- talk about this notion of 46 million un- door. That is not health care. That is other example my brother-in-law was insured and underinsured folks. Let’s not health care. That is not even denied cancer treatment that his doc- explain for a minute what uninsured health care delivery. To me that is tors had recommended, and only began and underinsured means. something so far disconnected. his treatment after the insurance com- Uninsured means you have abso- So our plan is going to make sure pany overturned the decision on ap- lutely no health care coverage. If you that we have more choices, better time peal. The delay may prove fatal to him. were injured or had to seek routine with our doctors, more choices in the Both of you have said this over and medical care, you couldn’t go to a phy- types of who we get to see and who we over again, people want to go to their sician unless you paid out of our pock- are able to see and to make sure that doctor or their primary care provider et. doctors and physicians are describing and get the advice they need, follow Underinsured are people who don’t and predicting giving and subscribing the treatment plan that they rec- have quite enough insurance because the type of health care that we should ommend, and not be told by a bureau- they got caught in that preexisting have. crat in Washington or an insurance net, that factory worker who lost their company that they can’t do it just be- job and their health insurance with b 2210 cause they are trying to save money on that pink slip, got rehired down the We should not have a bean counter at your health. I agree with you, we need line but because they were a diabetic, an insurance company deciding wheth- cost-saving measures, but not on peo- that condition was preexisting, so they er we should have an MRI, or a bureau- ple’s essential treatment. can’t seek treatment. They are under- crat in Washington deciding if we Mrs. HALVORSON. That is so true. insured because they don’t have should get this procedure or prescrip- We hear story after story in our dis- enough insurance to cover all of their tion drug. It should be left to physi- trict office. I have a letter that was es- medical needs. cians and doctors and our health care pecially devastating to me. It caused We found in a medical study that was professionals. me to actually put in a resolution or published last year that health care in- And our plan will address the amount sponsor a bill. This constituent was a surance companies spend $84 billion of money that we spend on health care. widowed mother of two. She was actu- every year to block, deny, and screen By getting costs under control, cov- ally denied private health insurance patients from seeing their physicians; ering all people and making sure all because she attended grief counseling. $84 billion. In that same study it people have access to health care, we Her husband, who was the primary showed that only $77 billion would be actually will reduce the cost of health wage earner, died suddenly at their required to cover all of those 46 million care because that diabetic that lost home in front of the family. As a way uninsured or underinsured. It actually their job in Canton, Ohio, now can’t to cope with the situation, she enrolled would be cheaper to cover all of the

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15944 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 folks who are actually costing us more from State to State. And you men- health care. There are things, but we by not seeing their primary care physi- tioned portability. There are a lot of should not be doing this State by cian. people now, and I forgot what some- State. We spend a lot of time and effort So we have an opportunity now with body called the term, it is something doing these things State by State. the bill that we have rolled out to end like job lock, people who stay in their That is part of the reason I ran for Con- preexisting conditions, which have job because they are terrified to leave gress. Even though I was a State sen- been one of the biggest albatrosses in that job because they can’t go without ator and I spent so much time working health care in my opinion for such a health insurance, or their spouse is on health care, we knew this was a long time; not being able to see the sick or one of their children is sick. Federal issue. So this is something doctor because you have a condition b 2220 that needs to be done on a national that existed prior to your employment level, and it’s something that every- I meet people who say, you know, at some factory. body working together is going to be I’ve got a great idea for starting my So this is something that affects able to get accomplished. middle class Americans all over the own business. I’m ready to go out on Mr. BOCCIERI. Will the gentlelady United States. I think if we address my own, and I could create a job va- yield? I know that there might be some cancy for somebody else here who this, preexisting conditions, portability apprehension out there from our sen- would really like to come and work at from job to job, covering all people so iors about health care reform. And let this company because I’m ready to go they are not using their primary care me stress to you that our plan allows do something else. But they can’t take physician in the emergency room you to keep the doctor that you want that risk. People who have just enough versus seeing the doctor that they to keep. If you like the doctor that set aside to retire who say, I am ready want to see, and making sure that we you’re seeing, you can continue seeing to retire, but I don’t dare be out there provide incentives for prevention so that doctor. If you don’t like the doc- without health care coverage, so they that people are living healthy life- tor that you’re seeing and you would don’t retire at 57 or 58. And in this styles and we are able to provide pre- like to get into a different plan, it will economy, where we can use any job we vention and allowing physicians to can find, having health care coverage allow you to go into a different plan. make those medical diagnoses, that is There will be more freedom under would do more to boost the economy, I what is going to be the cure for our this bill. There will be more freedom think, than many other things. health care dilemma here. I often say about the State of Maine, under these proposals. And we’re going Ms. PINGREE of Maine. Preexisting where, as I mentioned, a lot of people to make sure that physicians are tell- conditions, it is kind of shocking when are self-employed, we have a lot of fishing our seniors, health care profes- you hear those stories. I heard about a ermen, or they run a small business or sionals are telling our seniors the type State the other day that didn’t have a some kind of little entity that they are of health care that they need, whether requirement that insurance cover you making enough money, people say to this MRI was authorized, whether this in spite of a preexisting condition. And me all the time, We make enough to cancer treatment was necessary and someone told me about an insurance get by. We do okay. We own our own prudent. We want health care profes- company that considered women of home. We make our own home repairs. sionals to do that. We do not want bean childbearing age a preexisting condi- We’re doing all right, but it’s health counters making decisions based upon tion. So that didn’t mean you had a care coverage that we’re worried about, what the bottom line and dollars are child, it meant you could potentially our health care coverage that we can’t going to be. get pregnant. You may have already afford and then we go without. Now, the gentlelady was talking decided never to have a child, and why And exactly what you mentioned ear- about what she did in the State legisla- shouldn’t your insurance company lier, those are the very people who, ture. In Ohio, we had a very similar sit- cover you, but they weren’t going to when they do get sick, have to go to uation where insurance companies take any chances. Why don’t they just the emergency room, who often de- were delaying payments to doctors who say we only want healthy people who pend—and they hate it, they depend on ultimately run a business. When you promise never to get sick. And if you charity care at the hospital, uncom- see your primary care physician, they get sick, we will deny you coverage. pensated care. And I have the same sit- have staff. They have a payroll. They I come from the State of Maine, uation, a lot of rural hospitals who de- have to keep the lights on. They have where the State legislature has already pend on fund-raising drives just to keep to pay utility bills just like any small required that insurance companies the doors open, who are desperately business. But when you do look-backs cover you in spite of preexisting condi- coming down to see us all the time to and you suggest whether this MRI was tions, and that is really a great reform. say, We can’t keep the hospital open. really necessary or authorized, whether Maine is one of the leaders in health What are we going to do? And that is a this x-ray was necessary or authorized care reform. We have a very high num- vital part of our infrastructure. and you delay those payments over a ber of people who have some form of in- Mrs. HALVORSON. And something time period, the physician can’t keep surance coverage. Many of them are on else that we haven’t talked about is the lights on in the building, and that Medicaid or our MaineCare system. But the outreach that I’ve tried to do—and should end. We passed a bill in the the fact is, what my colleagues in I know a lot of Members of Congress State legislature called Prompt Pay to Maine tell me, and I certainly felt have done—is with our FQHCs, our make sure that insurance companies when I was in the State legislature, is Federally Qualified Health Centers. were making best efforts to pay those States can’t go it alone. Many States There is a very important place for bills on time so doctors could keep the in the country have passed these kinds them because there is so much that lights on. of regulations, but then it makes it they can do in the meantime for those Additionally, we were doing health hard to compete with the State next who don’t have insurance or those who care simplification so that we could indoor that doesn’t bother doing any of aren’t able to get the health care they volve a little bit of health care IT, that, or charges all the sick people need. I’ve toured so many of them in medical IT, so that when you roll into more than the people who are well, and my district. They do a wonderful job. a hospital, God forbid, after an acci- doesn’t have a community rating kind And so, in the meantime, we should be dent that’s in your region, when they of plan. doing everything we can to make sure pull up your name, when they pull up One of the issues that we are facing that people have a place to go where your identification, they’re able to now, particularly in States that are they can have a medical home, where identify who you are and your health having a hard time holding their own they can feel comfortable and take care records. budgets together, is they are saying to their children. The military has been doing this for us: Let’s makes this universal. Let’s I know in Illinois we have years. In fact, on our military identi- make it the same kind of coverage FamilyCare, where every child has fication card, we have the medical

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15945 technology to pull up all my medical anymore whether or not there is a ple have access to health care. If they records. If I rolled into a hospital or to problem with the system. We may have don’t, it is going to end up costing all a VA facility or to a military hospital, differences about how we go about fix- of us more because when they use the on my card, they would scan it in and ing it, but there is a real commitment hospital room as their primary care my complete medical history would to go ahead and fix it. physician, they will actually cost all of come up. And on that, you would be And I am very impressed with the us more. able to tell whether you were diabetic, President, who has just made it clear Making sure they have a portable what type of treatments you’ve had. that this is something he wants to do plan that allows them to take it from And that ultimately is going to cost on his watch. He wants to do it in the job to job to job. End this notion of hospitals less because they’re not going first year, and I think this is a tremen- preexisting conditions, that if you’re to run these battery of tests to see if dous commitment to really pass a working at one place and you go to an- this person is a diabetic because they health care package that works for other job that somehow being pregnant know that John Doe, when they came America and get on with it. or being a diabetic or having a chronic in, has a medical history and it’s on And I yield to the gentleman from disease somehow eliminates you from their card. Ohio. seeking health care from this new pro- Perhaps this is something we should Mr. BOCCIERI. I thank the gentle- vider. End preexisting conditions. do. We’re doing it in the military. It’s lady for assembling this dialogue on Making sure that we provide incen- something that we ought to explore for health care. This is very important. tives for physicians to not only enter Americans so that they can have quick And we know those Americans who the field but also that physicians are access to their medical records. might be listening in, those folks who making the health care decisions. I yield to the gentlelady. are still awake after perhaps punching And, lastly, prevention, prevention, Ms. PINGREE of Maine. You know, the time clock and working long hours, prevention. Four cents of every dollar absolutely. I think it’s one of the rea- we want you to know that we are work- that we spend on health care is for pre- sons why earlier this year we went ing on this issue. But we have studied vention. along with the President’s proposal and it long enough. We’ve talked about it We can do a better job. We have to do invested so much in health information long enough. Now it’s time to take ac- a better job. The President has called technology. It has been clear to people tion. Leadership is defined by action, us to action. The Nation has suffered not position, but by action. And what I for a long time that so many different for too long under a system that has applaud this President for is his bold insurance companies and so many dif- excluded a few and allowed others to efforts to step forward and take action ferent kinds of forums just make it dif- seek access. And this delivery system on an issue that remains a dilemma for ficult for practitioners to run a busi- that we have should be about health America. This is about us, as a Nation, ness and hospitals to operate, and as care and not a health sickness plan being competitive with our foreign you said, for people to get the kind of that we have that’s a fee for service competitors. This is about how much medical care that they really need. but that encompasses all the things we spend on delivery of health care and Well, we are at about time to wrap up that we talked about here tonight. making sure that all Americans have here. I will just kind of go over again I thank the gentlewoman from Maine access to the quality of care that we from my perspective, and certainly will for allowing me to be a part of this. want, not just because you can afford let the gentleman from Ohio close with Ms. PINGREE of Maine. I thank my it but because you’re American. And a few thoughts as well, but I just want colleagues from Ohio and Illinois for let me just say these things: to emphasize again that from my per- Number one, if you like your doctor, being willing to be here. spective, in my home State—and really you will keep your doctor. If you don’t f what I hear across the country and ev- like the plan that you’re in, you can erywhere I go—people say, Can you get MAN-MADE GLOBAL WARMING move to another. There is going to be THEORY a health care plan passed? Are you freedom of choice, and there will be The SPEAKER pro tempore. Under going to do something about all of the broad choices in the plan that has been the Speaker’s announced policy of Jan- things that we’ve been talking about unveiled in this Chamber. tonight? People want the coverage, Number two, we want to make sure uary 6, 2009, the gentleman from Cali- they want a choice. As we’ve said many that health care professionals and phy- fornia (Mr. ROHRABACHER) is recognized times, if you like your plan, you can sicians and doctors and nurses are pre- for 60 minutes. Mr. ROHRABACHER. Mr. Speaker, as keep it; if not, there will be real alter- scribing health care and administering I stand here on the floor of the House natives. health care and not necessarily the tonight, I am reminded of the tele- They want affordability. People are bean counters or bureaucrats that we vision series the ‘‘Twilight Zone.’’ And willing to buy health care, but they find too often who are making health these days I half expect Rod Serling to want to know that they can afford it. care decisions for too many Americans. This plan that has just been released And the third issue that we need to appear from behind a curtain and an- has a shared responsibility from em- emphasize is that there is enough nounce, ‘‘This is the Twilight Zone.’’ ployers and individuals alike. It has money in the system already to pay for Yes, there is an almost bizarre sense of real components to control costs. It health care. The 46 million uninsured unreality here in the Nation’s Capital. makes a serious investment in preven- and underinsured folks who are out The transformation of private liabil- tion and wellness and invests in the there, we know that there is enough ity into public debt on a massive scale. health care workforce, something we money in the delivery of health care— The unprecedented level of deficit haven’t talked much about tonight. $2.5 trillion we spend every year, 16 spending, debt piled upon debt, bor- But I know I come from a State where percent of our gross national product. rowing from China to give foreign aid there is a tremendous shortage of We spend more than any other indus- to other countries. The willingness to health care practitioners—doctor, trialized nation in the world, but yet pass draconian restrictions and con- nurses, those people that are needed to have a life expectancy on par with trols on our national economy and on do this job to make sure that we can Cuba. There is enough money in the the lives of our people. And while seek- have good care, and that is part of the system that is out there that we can ing to save us from a recession, Con- legislation is to really look at invest- make sure that 46 million uninsured or gress shovels hundreds of billions of ing in our workforce. underinsured people have access to dollars into the financial industry, I feel very hopeful, I feel hopeful that health care. much of which has ended up in the we have already moved us forward as pockets of fat cats and wheeler-dealers far as we can, that there is a sense b 2230 who have been giving themselves around here really from both sides of How are we going to do that? With multi-million dollar bonuses even as the aisle that we don’t have to debate the five P’s. Making sure that all peo- they drove their own companies into

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15946 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 bankruptcy. The giveaway and the lack Even as California sinks into an eco- and it’s very clear. In order to receive of oversight has been mind-boggling. nomic catastrophe, off the coast are even one penny of Federal research And we don’t know where hundreds of huge caverns filled with massive depos- money, a scientist would have to tow billions of dollars have gone, and we its of oil and gas just sitting there. And the line on the man-made global warm- don’t know to whom. Yet we know that even as California cuts and cancels ing theory. Any dissident would be the taxpayers are now on the hook for public services to our own people, bil- quickly squashed or at least be cut off this increase in our national debt. lions of dollars of tax revenue could be from any Federal research funding. We have watched as this has been derived by utilizing that oil and gas That went on for 8 years. happening, and, of course, there are so that’s just sitting there right off our So when approaching this concept of many things that are being done here shore. Yet the State of California lets man-made global warming, we must ex- today to our people. But we also note it sit there while our people suffer and amine the science behind it. So let’s how much is not being done that needs the State goes broke. Trillions of dol- state right off, the unconscionable in- to be done to protect our people, which lars have been sent overseas for energy, timidation of the science community is just as mind-boggling. while at home no new oil refineries, no during the Clinton years has ensured Our Nation’s borders leak like a spa- hydroelectric dams, no nuclear power that bad science permeates the entire ghetti strainer. Millions of people ille- plants. argument of the alarmists who are per- gally continue to pour into our country As I say, all of this seems a bit bi- petuating this man-made myth. This to consume our limited health care. zarre. And it may be a bit bizarre, but man-made myth global warming is And, by the way, we just heard a lot it is not meaningless nonsense. Those based on bad science, and it’s very easy about health care. Why are we not who have insisted upon these to discern this by the Herculean efforts hearing that we should not be picking antidomestic energy development poli- made by the man-made global warming up the tab for the tens of millions of cies know exactly what they’re doing. advocates to cut off all debate on this illegals that have come into this coun- They want to change our way of life issue. try? But that’s not part of the discus- whether we like it or not. So a few dec- So not only did we see people in the sion. But millions of people are flowing ades ago, they grabbed onto a theory, a scientific communities being intimi- into our country, and they are con- theory that the world is heating up be- dated with the promise of having their suming the limited health care, edu- cause humankind uses carbon-based research funds cut off, but now, after cation, and other social service dollars fuels. Read that oil, gas, and coal. This this, and after the presentation of the that we have. We have limited money; theory gives them the ability to stam- global warming alarmist alternative, and yet they are taking that money, pede politicians and even stampede sci- let’s say, alternative projects and al- and they’re taking jobs from our peo- entists with a certain amount of prod- ternative policies, that there has been ple. ding and promises of being excluded an intense effort to cut off debate on And sometimes they come here and from grants or promises to receive the issue of man-made global warming they commit crimes against our peo- grants, but that theory gives them the itself. That is why in Congress they are ple. And our government just sits and ability to get these people, whether now trying to quickly slip by a drastic lets it happen even while we are pass- they are scientists or politicians, to life-altering legislation that is based ing all these hundreds of millions on to support draconian policies and man- on the science of man-made global wheeler-dealers in the financial indus- dates, changes in our economy and life- warming. And they want to do this try. We can’t even come to grips with style that they otherwise would never without confronting the basic science. our illegal immigration problem. We dream of considering and supporting. So, if we want to take a look at the can’t even build a fence. All of this is in the name of pro- science of global warming, the first In California we can’t even build a tecting us from a climate calamity: thing to notice is why have those peo- new water system in the middle of a man-made global warming. Well, the ple who believe in global warming drought. This we are told is because of Good Book says: ‘‘The truth shall spent so much effort and so much time a tiny fish, the delta smelt. So our peo- make you free.’’ A caveat might be: and been so abusive in trying to cut off ple will have to suffer because of con- ‘‘And a lie can destroy your freedom.’’ debate? Has anyone ever heard the slo- cern over a little tiny worthless fish Man-made global warming has given gan, case closed? that isn’t even good enough to be used respectable cover to advocates of a tax Come on, if you really are honest, as bait. and regulatory policy that no one admit that is an attempt, and it was a So last week even amidst California’s would even consider except, of course, huge attempt, to cut off debate. The tremendous difficulties, with drought unless it’s to take care of an emer- debate is over. conditions and a shortage of water at gency. How many heard that? Again, an at- near crisis, this House, the House of tempt, not to discuss the issues, not to Representatives, voted not for the peo- b 2240 have an honest discussion of the ple of California but for a fish. No In reality, the effort behind the man- science, but never to discuss the water for our people because if we made global warming juggernaut is the science. That is what the language— would give it to the people, that little biggest power grab in history. It gives and that is the language of the debate. fish might be affected in a detrimental politicos who always wanted to control And what we have here is a language of way. the behavior of normal people a seem- debate and discussion restriction, not Perhaps the most damaging of the ingly legitimate reason to do so, even the language being used by the advo- weird policies that I have described is over those normal people’s objections. cates of global warming for let’s have America’s longtime commitment not This power grab was set in motion in an honest discussion, the words they to develop its own domestic energy re- the very first days of the Clinton ad- used are aimed at limiting and resources. Even as high energy prices ministration in 1993. stricting and cutting off debate. Case have brought suffering and economic When the Clinton administration closed. hardship to our people, we have not took over, one of the first actions that Al Gore never takes any questions. been developing our own resources. the administration was to do was to Do you know that, when he goes out Even as we see dollars being siphoned fire Dr. William Happer, a man who and speaks and goes to universities, from the pockets of our people and de- dared challenge Vice President Gore. not only does he not debate, which posited in coffers overseas, enriching Yes, Dr. Happer believed in science, not would be a good idea, he refuses to take foreigners, some of those foreigners in the junk science of radicals, and he questions. who hate us, while our hard-earned dol- was skeptical, although not an advo- I don’t know how many times have lars are being extracted from us, mas- cate of either side of the global warm- we heard, every prominent scientist sive deposits of domestic oil and gas ing debate. agrees, so you must be a kook if you worth trillions of dollars are un- He didn’t fit in, so out he went. From disagree. Well, every prominent sci- touched, untapped, and unused. there on, the pattern was very clear, entist doesn’t disagree and the names

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15947 of hundreds, of those people in the sci- when trying to tell us that we should ing at exactly the same time, and it entific community, people who are be concerned about the warming trend seems to be mirroring, paralleling heads of universities like Richard that’s going on? what’s going on on the Earth. Doesn’t Lindzen, one of the great scientist from Question number two: What about that indicate that it might be the Sun MIT, from all over the world there are those other weather cycles that we and not somebody driving an SUV or major scientists who have put them- have had long before humankind using modern technology that is cre- selves on the record and taken great emerged on this planet? A thousand ating such a cycle; it’s creating the sit- risk in doing so, telling them that they years ago, even after we had people, uation that left the bear in a warmer are, no, very skeptical and have serious things were much warmer than now. climate? doubts about the man-made global Iceland and Greenland were farmed by Well, if so, let us note this. If it is in- warming theory. Norsemen. Farms, there were farms deed caused by the Sun, and yet we The name calling and stifling in this there. It was a time period a thousand have had all this propaganda to touch debate by the man-made global warm- years ago when there were not only our hearts and get us to think, not to ing advocates has been shameful and a cattle, but there were plants going feel about the poor polar bear, let us disservice to democracy. If someone so there. note that if it is the Sun and it’s not much as tries to make a joke, it is re- Vineland, was actually—people us, then that polar bear is the victim ported as if it is being serious. The peo- thought Vineland was something that and has nothing to do with man-made ple who do that are themselves admit- Leif Erickson made up. No, there was a global warming, but is being chal- ting that they cannot stand a major place, a Vineland, back in Nova Scotia, lenged, just like animals have been scientific and truthful scrutiny and ex- and in those days grew grapes. Well, challenged throughout the history of change of ideas. that’s because the weather was warmer our planet by planet cycles. So what about the science? Let’s then, and there was a cycle, as I say. By the way, let me just note this. take a look, and I would challenge any Was that cycle—as I say, was that How many have not heard the polar Member of Congress to come here and cycle—was the decline in temperature bear is becoming extinct? The polar debate me on the science of this issue. by the Little Ice Age, was that caused bears are not becoming extinct. In fact, First, let’s talk about the so-called by human beings? the number of polar bears on this plan- global-warming cycle that’s being What about all the other cycles tak- et has dramatically expanded. There are four to five times the num- caused by human activity. That’s the ing place. Were those caused by human ber of polar bears on the world than bases of what this whole issue is. We beings? If we see that there were cycles there were in the 1960s. But you would know that there have been weather and that even happened before prehistoric believe from what you have seen and climate cycles throughout the history man even existed, well then there must the movies and the ice caps melting of the world, going back to prehistoric be some other explanation. Well, what times. The global warming alarmists and Al Gore showing, by the way, a is that explanation? false—a piece of Styrofoam that was now are using a low point of a 500-year So, if there were cycles before human breaking off in a movie, presenting to cycle of cooling, and that was at the beings were forced on the planet, what us as if that’s the ice caps breaking off end of the Little Ice Age, as the base- is the other explanation? Well, it seems the Arctic. You’d think that it was line for determining if humankind is to many scientists who believed this that the polar bears were doomed and making the planet hotter at this time. that the cycles of climate have fol- that we were to blame for it. So, let’s get back to it. There have lowed solar activity. Well, here’s another scientific chal- been all of these cycles through the That’s why, and I get that, the sun is lenge. Okay. If we have cycles already, history of the planet, and this cycle, the biggest force of energy on the plan- if the ice is melting on Mars, just as it there is a cycle that is going on. But to et, and they believe that many sci- is here, what is the science behind this analyze that cycle, those people are entists believe that it’s solar activity claim that mankind is causing the cli- saying man-made global warming, as and not human activity that’s creating mate cycle, if there is a climate cycle, differentiated from all the other cy- this cycle, just as it did the other cy- and what climate cycle it is? cles, are using the 1850s as their base- cles that we have gone through long So, let’s have an answer to that. line, and that is at the 500-year low in before human beings even existed on Let’s not call me names. Let’s not just the temperature of the Earth. It was the planet. say, Oh, the polar bear—I remember the end of what they call the Little Ice And that also explains why we have reading this on the Internet—the polar Age. cycles, monitoring those on Earth, bear is near extinction, when it is clear Is that good science? Should we real- that have been observed on other plan- from many other sources, which I will ly be upset when there is a 1- or 2-de- ets. That’s right, on other planets. be happy to provide, that the polar gree rise from a 500-year low point in b 2250 bear population is actually going up. temperatures? So, come on, let’s an- Besides that, that’s not the point. swer that scientific question. Let’s not In recent years, we have been treated The point is that the polar bear is, call me names, which is what’s hap- to the outcries of agony about the whatever condition it’s in, is not due to pened over and again, as if I don’t be- melting that is taking place in the Arc- the fact that human beings can drive in lieve in science, and I am some sort of tic. This is being used to touch people’s automobiles or that we have to change Neanderthal, or that I am any number hearts to get them alarmed so they our lifestyle and be controlled by the of pejorative names. Let’s look and be will accept the draconian controls that government in order to protect the honest. will come from those people who are polar bear from climate changes that Those people using names do not un- advocating policies to deal with man- our activities bring about. Man-made derstand the issues and are afraid to made global warming. global warming theory? discuss the science and the issues at They’re saying, Oh, it’s our activity And my colleague from Texas, if he hand. They are doing a disservice to that’s causing the ice caps to melt. would like to step in for a few words, our country, and they are exposing Well, who hasn’t seen these pictures of I’d be very happy to have him. themselves as being people who do not these polar bears? The poor polar bears Mr. GOHMERT. I certainly appre- believe in the very issue they are advo- on the ice floe, obviously a victim of ciate my friend from California yield- cating because they can’t defend it. man-made global warming. ing. With regard to the polar bears, in So, science question number one: Are Well, not so fast. Yes, the ice cap is the Natural Resources Committee we they not using an unreasonably cooler retreating. There’s no doubt about have been hearing that by 20 years ago moment as the baseline for analysis? Is that. But what about the ice cap on we were up to under 12,000 polar bears that not an unreasonable thing to do, Mars? Yes. Right now, at the same in the whole world, and now we know to start your settings and use as a time we have our ice cap that is re- there are over 25,000 polar bears in the baseline a 500-year low in temperature treating, the ice cap on Mars is retreat- world. They’re doing pretty well.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15948 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 But as we know—and there’s some cyclamates off the market to the cost So here is another scientific chal- friends here from Texas—in Texas we of a billion dollars for the industry, lenge. The recent studies show that have a problem with overpopulation of then, 20 years later, found out that over 80 percent of America’s tempera- deer because they don’t know when to that was not legitimate. ture and weather stations, the mon- stop overpopulating, and so we have I remember during the Reagan years, itors who have been collecting the in- seasons to help keep them from starv- the same sort of intensity now being formation that is being passed on to us ing themselves to death. used on global warming was used to ad- by the global warming, man-made So it is a little misleading to see the vocate we have to have massive con- global warming advocates, that 80 per- ice cap breaking off and the starving trols on our economy based on control- cent of these stations have been com- mother bear and the cub. That’s heart- ling acid rain. And what happened to promised and are faulty in the informa- breaking. And, apparently, it’s heart- that? Ronald Reagan held firm. There tion they are providing. The numbers breaking enough that millions of peo- was a scientific research project that have been skewed. They are suspect be- ple—or at least millions of dollars went through for a $500 million re- cause the monitors have been placed in come flowing in. search program that showed that, locations that do not meet the Na- You kind of hate if you’ve got mil- yeah, there’s a little bit of a problem tional Weather Service basic standards. lions of dollars coming in from people with acid rain, but not very much. In In other words, the equipment is being that feel bad about the polar bears—by fact, it was not the threatening force compromised. The figures coming out the way, the Bush administration was that we were told at that time, which of the equipment cannot be relied asked to say that the polar bears would have cost tens of billions of dol- upon. And our system, with its 80 per- should be on the endangered species lars if we tried to use their agenda, cent of the monitors that do not meet list. But the Bush administration knew what was being put forward in order to the standards, has been heralded as the they were increasing, just like you ‘‘stop acid rain.’’ best in the world. were saying, and so what they did was Well, the man-made global warming So think about that, what is going on compromised and allowed polar bears theory, again, is like that. It is based in the rest of the world. What we are to be listed as threatened, even though on another scientific factor, and that is talking about here is we are talking they’re increasing in population. CO2. So let’s talk about CO2. about a 1-degree, of course, rise in tem- CO is a part of what is in the atmos- I’m pleased the polar bears are doing 2 perature, from the depths of the mini- phere. CO , carbon dioxide, is a min- well. Hopefully, we won’t have to open 2 ice age, and yet now we have these iscule part of our atmosphere. So, CO up additional seasons, that they will 2 monitors that even by today’s stand- is, yes, part of the atmosphere, but it moderate their behavior. ards are substandard. And that is by was always considered a very small But we also saw with the caribou and today’s standards, not back in the 1860s people talking about how terrible it is part of the atmosphere. Let me just make sure we get this and not in other parts of the world. to produce oil in Alaska. And we heard right. That CO , most people believe So how is that for a scientific chal- that if they ever put that pipeline up 2 that it is a large part of the atmos- lenge? to Prudhoe Bay, it would kill off the If the data is being based on monitors phere, because I have asked them, but last 2,900 caribou that were in the area, that don’t meet scientific standards ei- in reality it is less than .04 percent. So that we just couldn’t do that. It would what we’re saying is much less than ther today or in the past, how could we destroy their mating habits. one-tenth of 1 percent of the atmos- pass laws with taxes and controls on Turns out, caribou now, when they phere is CO . our people if the so-called problem is want to go on dates, invite each other 2 based on bogus or absolutely to go to the pipeline on cold winter b 2300 unscientifically obtained numbers? nights because that oil is warm going So at that rate, basically when we And even with the current methods of through the pipeline and it makes take a look at that, one-tenth of 1 per- collecting data, we have been warned them amorous. And now we’re up to cent and 80 percent of the CO2 in the time and again of dire predictions. 30,000 caribou in that herd. So it turns atmosphere is not traced to human ac- So the numbers themselves are sus- out man and caribou and polar bears tivity. There has been, over the years, pect. But those people who have been can do just fine. times when CO2 was going up. Now we warning us about those numbers over But it does remind one a little bit of are being told that the rise of CO2 is the last 20 years have been spreading the scare that went across the Nation causing the atmosphere to warm. But incredible alarm, as exemplified by about chlorofluorocarbons just as the we have times when CO2 was going up, Vice President Gore and others. The Freon patent was coming up, and lo but it didn’t seem to affect the climate temperatures, we were told over and and behold we had to outlaw CFCs that and the planet. For example, if man- over again, were going to climb. And were destroying the ozone layer. It made CO2 causes warming, then why is they were going to continue to climb, turned out we found out that one erup- it that when mankind was using much and then it would reach a tipping tion of Mount St. Helens put a thou- more CO2 in the 1940s, 1950s and 1960s, point, and then the temperatures sand years’ worth of CFCs in the at- as the CO2 was rising, there was an ac- would really jump up. Well, wake up. mosphere—one eruption. tual cooling going on in the climate? Let’s talk reality here. Again, let’s So sometimes I think that we think Okay, so let’s hear the science about talk science. Let’s quit saying ‘‘case much too highly of ourselves as human CO2. Why is everyone afraid to try to closed.’’ Let’s not give speeches but beings and the effect that we have on look at the specific science? If CO2 never take any questions. Let’s quit the world and on the globe, when actu- causes warming, why is it, when there saying that all the scientists agree ally we do need to be good stewards of were dramatic times of CO2 increase when there are scientists all over the this wonderful planet, but we also that the Earth got cooler? I had one world disagreeing. should not be fearmongers that scare person suggest that the pollution in They were wrong. When they said people out of doing things to help the atmosphere completely over- that there was going to be a continued themselves and their families. whelmed the greenhouse effect during climb in the temperature, they were I appreciate so much my friend from that particular time period. Well, if 180 degrees wrong, much less having California and his yielding. that is true, then what we have to say reached a tipping point which then Mr. ROHRABACHER. Thank you. I is the Clean Air Act of 1970 is directly jumped the temperature of the world appreciate my friend from Texas re- responsible for man-made global warm- by even a larger amount. minding us of a past scare that proved ing. And does anyone believe that? No, It has not gotten warmer for over a not to be based on science. I remember of course not. By the way, anyone tell- decade. And it looks like it is still get- about cranberries. Couldn’t eat cran- ing a joke or trying to make humor is ting cooler. Now, that is totally con- berries for 2 years because that caused always reported as if that person is tradictory to the predictions of the cancer. I remember when they took being serious. alarmists and those media people

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15949 around the world who pushed that idea. by human activity, but instead some- We weren’t actually able to find out It is totally contradictory to what was thing that is based on solar activity. exactly what the basis of and what was aggressively told to us, to what was Let me note this, the gang that told going into those computer models. foisted off on the American people and us that human activity was causing the That was kept from us as well. But we people throughout the world. They planet to warm and to dramatically do know that the projections have been were totally, 180 degrees wrong. heat up, now I say they are using the wrong. We know there has been an at- Please let’s talk about the science word ‘‘climate change,’’ is an admis- tempt to stifle and shut up debate. here. Come and talk to us about why, if sion of something. But what is it an ad- People have been called names. Grants your major prediction was that the mission of? They were saying ‘‘global have been denied and personal attacks Earth was going to continue getting warming,’’ and now they are saying have been evident. All of this has been warmer because of this CO2 that comes ‘‘climate change.’’ It is basically an ad- wrong. out of the engines that we use and the mission that, yes, for 10 years the So let’s review the scientific chal- coal and the oil and natural gas, if that world has been getting cooler. So if lenges of man-made global warming, of was what you were saying and that you human activity through CO2 was mak- the man-made global warming theory, were very aggressive in your advocacy ing it warmer, then maybe it is a good which they have even given up because of this, now that it hasn’t happened, thing that human beings will mitigate they now note that it is getting cooler, come and talk to us. Don’t dismiss us. the cooling cycle. which is contrary to all of their pre- Don’t try to pass a piece of legislation Now they are sort of admitting we dictions, because now they use the here based on the alarms that went off are in a cooling cycle because they are word ‘‘climate change.’’ 15 years ago that have been proven not saying global ‘‘climate change’’ and I have issued a challenge to any of to be true. not ‘‘warming.’’ So if they said that my colleagues to debate me on this So that is another scientifically our activities were going to make it issue. No one has come forward. And based challenge, again, not just ig- warmer, and now they have admitted yet these very same people who refuse nored; but I would say that this is the they were wrong because they are to debate the science will vote for dra- arrogance behind never answering using a different word, and it is actu- conian legislation that will implement these types of science charges remains ally getting cooler, then will the the recommendations of global warm- evident. Please don’t ignore it any- human activity that they were coming alarmists, even though these people more. Please let’s respect each other, plaining about before that was making have not stepped forward to debate, and let’s get away from this basic idea it warmer, well, logically then they will vote for the program that that you can just shut off debate. But shouldn’t Al Gore and these other peo- these alarmists have been advocating. let’s pay attention to what the debate ple be advocating more fossil fuel use? I am afraid that we should have some was like before, if there was any de- Anybody who advocated global warm- confrontation of ideas here and an hon- bate. There was just a one-sided de- ing before and now says ‘‘climate est discussion, and this issue has not been honestly discussed in terms of the bate, because people weren’t able to get change’’ is admitting that it is cooler science. any government grants, so we had a now, that maybe we are in a cooling The baseline comparison, I just one-sided drumbeat going on. But those trend. Well, if they believed that human ac- noted, started in a 500-year decline. It people were aggressive in that man- tivity made things warmer, maybe was based at the bottom of a 500-year made global warming was being caused they should be advocating that we use decline in temperature. Science meas- by CO , and we have got to control 2 more fossil fuel to mitigate the prob- urements were partly or severely human beings for this. flawed by monitoring systems that do Well, by the way, they don’t even use lem of a declining temperature of the not meet minimum acceptable stand- the words ‘‘global warming’’ any more. planet. ards. And past climate cycles were fre- b 2310 Think about that. We have a situation quent even before the emergence of that people who were just aggressively So all of Al Gore’s scientific mumbo mankind, cycles like the retreating of talking and putting down anybody who jumbo is deceptive, and the contention polar ice caps that we are shown all of disagreed with them about man-made that all of the prominent scientists the time to touch our hearts so we global warming, now they use the word that agreed with him was not true, won’t think but will feel. Those solar ‘‘climate change.’’ Now if I am proven wasn’t true then, and it is especially ice caps and the retreat of the solar ice wrong in a point, if I were to be proven not true now, and I would like to add caps are very similar to the cycles on wrong in any point of this speech, I to the RECORD, Mr. Speaker, a long list other planets, especially the planet will apologize, and I will change my po- of prominent scientists who opposed Mars, for example, suggesting that sition. I won’t try to change my word- the man-made global warming theory. solar activity rather than human ac- ing so it sounds like I was never wrong Temperature predictions have been tivity is the culprit. in the first place. These people were wrong. The CO premise is wrong, and 2 Increasing levels of CO2 did not cause wrong. Remember it. Every time they we now find out that the monitors that warming back in the 1940s, 1950s, 1960s, say ‘‘climate change,’’ remember that were used to collect the data that were and even the 1970s, when there were that is an admission that they didn’t placed next to the air-conditioning ex- large increases of CO2, yet we are told know what they were talking about be- haust vents in parking lots and on top now that the CO2 was causing the world fore. Man-made global warming. Their of buildings near to heat sources, to get warmer. But yet more CO2 has dishonesty is underscored every time which of course made all of their data even been produced and for 10 years we they use the phrase ‘‘climate change.’’ unreliable, we now know that was done haven’t had a warming. Now that man- Now, no matter if it gets warmer or wrong. And we also know the method- made global warming has been driven if it gets cooler, they can tell us that ology of using computer models has into the public consciousness, the that backs up their theories, and we been questionable from the very begin- alarmists have the leverage here in should do what they say, because now ning. Washington. whether it is warmer or cooler, they We know the saying garbage in and I could talk all night long, but no one have been proven right because they garbage out. But let’s look at the com- is going to confront the science on this, were saying and they were predicting puter models we have been told are the as rotten as the science is. So right nothing. Well, they believe they should basis for all of these predictions, many here there is a price to pay when the have the power to tax and control us, which we now know are wrong. No one American people have been lied to in a even though the preponderance of evi- was permitted to hear the questions, big way. If the truth will set you free, dence shows that the cycles that we and no one was permitted to ask fol- lies will enslave you. There is a price are talking about were not global low-up questions. And what about the to pay. Like, for example, the millions warming cycles created by human ac- information that was fed into the com- of children dying in Third World coun- tivity or even a cooling cycle created puter? tries of malaria, all because we wanted

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15950 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 to prevent the use of DDT. Why did we made global warming, which is a total omy and the American family. There want to stop DDT? Because bird egg- fraud, as I have demonstrated, and will be over $1,600 in new taxes per shells were thinning out, we believed, which they admit because they are un- American family by this legislation. because of DDT. And thus, millions of willing to debate the basic facts of And all the jobs will then go to India children in the Third World have lost global warming, the scientific facts and to China. That’s what we’re doing. their lives to malaria because birds that I have over and over again, myself We’re taxing our people, regulating our were more important to those who and Senator INHOFE and others, have business, and encouraging our busi- made policy than the millions of chil- over and over presented, but instead we nessmen then to go to China and to dren in the Third World who were are called names and belittled by this India. It will destroy millions of jobs going to die as a result. arrogant group that just has in mind by 2012. Remember, there is a serious price to they want to tax and regulate and con- Electricity rates will go up 90 percent pay for listening to irrational alarm- trol us, and they always have. above the inflation rate. We will incur ists. And now all of this confronts us, So here and now we are asked to pass $33,000 worth of additional Federal debt and there is a bill to be voted on this this economy-killing bill in the name for every man, woman, and child in week called the American Clean En- of stopping man-made global warming. America because of this legislation. ergy and Security Act of 2009. I call it What’s in the bill? I don’t have to go And gas prices will rise over 50 percent, the Destroy American Jobs and Use into total detail here, but let’s just natural gas prices well over 50 percent. Candles Act. mention that Chairman WAXMAN was And who will be helped by this? The It is a bill, of course, that is based on asked about a certain section of the Chinese and the Indians. That’s what the theories of the man-made global bill. And he said, and this was in com- we’re going to get out of this legisla- warming alarmists that I have just mittee, Why are you asking me? I cer- tion. What did you expect from legisla- demonstrated is totally flawed and tainly don’t know everything that is in tion that was designed to meet a phony wrong science, and a science that these my bill. problem, man-made global warming, people refuse to get up and defend. I would suggest if you are writing a which I have just demonstrated doesn’t This bill, of course, comes at exactly bill that will have such profound reper- exist. the wrong time, and its negative con- cussions for decades to come by killing So, why is this happening? Why are sequences will be ever more severe in our economy and subduing our people, we on the verge of passing legislation? economic hard times as we are suf- that is an unacceptable answer. Why have people even advocated man- fering right now than they would be if b 2320 made global warming? Well, this has we were in times of prosperity. We know that there are many dan- all come about because there are peo- Even if it were true that man-made gers that are going to be unleashed by ple in our country and throughout the use of CO2 was causing a warming, a this legislation, and it’s an economy- world who want to control the Amer- global warming, this wouldn’t be the killing piece of legislation. Its aim sup- ican people. They have wanted to do time to try to implement it, at a time this forever. They have wanted to posedly is to reduce CO2 emissions— when we are going into such a reces- change our lifestyles whether we like it and let’s again say this. CO2, 80 percent sion and depression. of it in the atmosphere is traced not to or not. But this is a democracy, and Maybe we are like the Third World human activity, it’s a minuscule part they had to scare us and they had to children in the minds of the people who of the atmosphere. Yet the goal of this skew the argument. They had to beat are going to vote for this horrible legis- draconian legislation, this oppressive, down anybody who wanted to offer al- lation. Maybe the birds are more im- anti-economy legislation is to reduce ternative arguments in order to get us portant than the suffering of our own emissions to around 80 percent of the to this point of passing legislation that people. Maybe it is more important to current level of the world level by 2020. will dramatically control our people posture yourself as a friend of the plan- From there, it would be gradually re- and control industry and put us under et than it is to try to take care of the duced further. In order to do this, the a burden of taxation and regulation people of this country and try to allevi- Federal Government would issue per- that will destroy the meaning of oppor- ate their suffering. mits that companies would use in ex- tunity in America in the years to So let’s be clear. Our unemployment change for the right of emitting CO2. come. is currently at 9.4 percent, and that is Now, let’s make this very clear; CO2 Now, why do they want to do this? expected to rise into double digits. does not harm human beings. CO2, we Because they want to build a whole There are unsubstantiated boasts com- pump it into these greenhouses to new world based on benevolent control ing about jobs saved through the Stim- make tomatoes grow better. I am all in of people like themselves. And that’s ulus Act, but that doesn’t help the favor of controlling pollution, pollu- where the real threat comes in. The 345,000 Americans who lost their jobs tion of the water, of the air, of the real threat comes in that this is not just last month. It doesn’t put food on ground. CO2 is not a pollutant that just the idea of centralizing power in their table. hurts human beings, but that’s what the Federal Government—which in and Our projected Federal deficit this we are being asked to focus on and of itself is contrary to what America is year is going to reach $1.8 trillion, al- that’s what this legislation that will supposed to be all about. We’re sup- most $2 trillion, which our children are destroy the jobs of the American peo- posed to let local government and going to have to pay for. We are going ple focuses on. State governments control many to have to service that debt. When the Well, one wonders who will decide things, but this is a centralization of interest rate goes up, it will destroy all who will receive the vouchers that are power into the hands of global govern- of our discretionary money. We will going to be given out. Apparently, 85 ment. soon auction off an unprecedented $104 percent of the vouchers for the next Yes, you hear global answers, We’re billion of debt. That $104 billion has $11 few years will just be given out by the global this and global that. What that billion in interest. That is $11 billion government, and those vouchers will be means is international organizations that we are going to pay, and that is used to give permits to people who like the United Nations—which is filled just thrown away. Wait until the inter- want to do business that produces CO2. with corrupt governments and rep- est rates go up. This $11 billion will not Who is going to get those? This is an resentatives from corrupt govern- save anybody’s job or pave any roads or invitation for corruption, an invitation ments, filled with representatives from provide any health care. It will just be for corruption. We don’t even know governments that are despotic gang- used to continue our massive level of where the money went from the TARP sters who murder their own people. We deficit spending. bill where we spent hundreds of billions should not be transferring power glob- And yet, excessive taxation and regu- of dollars. ally. That is the worst possible sce- lation mandates are now being pro- So let’s remember that this bill will nario. But this, too, like the man-made posed in Washington to deal with man- have a dramatic impact on our econ- global warming theory, is their dream,

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15951 the dream of a planet being planned I would invite my fellow Americans whom hate us. While our hard-earned dollars out by benevolent people, as if people to get involved in the system. If one are being extracted from us, massive domestic on the international scale and Wash- does not get involved in the system, we deposits of oil and gas worth trillions of dollars ington, D.C., are naturally more com- will not go the right way. And I will are untouched, untapped, unused. Even as petent and more benevolent than the say that in our country’s history, it California sinks into an economic catas- people themselves or the people in has always been the intervention of the trophe—off the coast, are huge caverns filled local government. American people at the right moment with massive deposits of oil and gas sitting What can we expect? Yes, as this that has kept us on the right track. It there? Even as California cuts or cancels pub- moves along, this is the first major wasn’t just sitting back and allowing lic services, billions of dollars of tax revenue step. This bill that will be coming up special interests—like are so evident in from that oil and gas sits right off shore, yet this week, the cap-and-trade bill based this cap-and-trade legislation that will the state of California lets it sit while our peo- on fraudulent science, this will be the be voted on later on this week—to ple suffer and the state goes broke. Trillions of first step towards what? Towards cen- write the legislation, to control what dollars have been sent overseas for energy tralizing money and power in the Fed- sounds like a benevolent-sounding ini- while at home, no new oil refineries, no hydro eral Government. tiative which will wreak havoc on the electric dams, no nuclear power plants. The next step is centralizing that life of the American people. They want As I say all of it’s a bit bizarre. But it is not power globally, all in the name of be- to control us and change our lifestyle. meaningless nonsense. Those who’ve insisted nevolent ends, all in the name of stop- Let them convince us. Don’t let them up these anti-domestic energy policies know ping this horrible threat that’s hanging control us and take away our demo- what they are doing. They want to change our over our heads, man-made global cratic rights. way of life whether we like it or not. So a few warming. Of course, they don’t use that Mr. Speaker, as I stand here on the floor of decades ago they grabbed onto a theory that anymore. Again, remember, every time the House tonight, I am reminded of the tele- the world is heating up because humankind the word ‘‘climate change’’ is used is vision series, The Twilight Zone. These days uses carbon based fuel—oil, gas, coal, etc. an admission that the people who advo- I half expect Rod Serling to appear from be- This theory would give them the ability to cated man-made global warming were hind a curtain and announce that ‘‘This is the stampede politicians, even scientists, into sup- wrong all along. Twilight Zone.’’ Yes, there is an almost bizarre porting draconian policies and mandates, So I would suggest that this is the changes in our economy and our lifestyle. All time for the patriots to stand up to the sense of unreality here in the Nation’s Capitol: in the name of protecting us from a climate globalists. This is the time for us to The transformation of private liability into pub- calamity: Man-made Global Warming. say, We don’t want this legislation. It lic debt on a massive scale, the unprece- The good book says ‘‘the truth shall make will be harmful to our families. It will dented level of deficit spending, debt piled on you free’’; a caveat might be ‘‘and a lie can centralize power and money and re- debt, borrowing from China to give foreign aid destroy your freedom.’’ Man-made Global sources in the Federal Government. It to other countries, the willingness to pass dra- Warming has given respectable cover to advo- will destroy our economy at a time conian restrictions and controls on our national cates of tax and regulatory policies that no when people need jobs and a stronger economy and on the lives of our people. one would even consider, except, of course, economy. It will actually help the Chi- While seeking to save us from recession, unless it is an emergency. In reality, the effort nese and the Indians more than us, all Congress shovels hundreds of billions into the behind the Man-made Global Warming jug- in the same benevolent-motivated ac- financial industry, much of which has ended tivity, which is very similar to the end- up in the pockets of fat cats and wheeler-deal- gernaut is the biggest power grab in history. It ing of the use of DDT, which caused ers who’ve been giving themselves multi-mil- gives politicos, who’ve always wanted to con- millions of children in the third world lion dollar bonuses even as they’ve driven trol the behavior of normal people, a seem- to die. their own companies into the ground. The ingly legitimate reason to do so . . . even I don’t care if people are benevolent. give-aways and lack of oversight have been over their objections. This power grab was set I don’t care what their motives are, if mind boggling. We don’t know where hun- in motion back in the very first days of the their motives are benevolent. What is dreds of billions of dollars went and to whom, Clinton administration in 1993. important is whether they’re rational yet now the taxpayers are on the hook for this When the Clinton Administration took over, and whether they’re right. I have increase in our debt. one of the first actions of that administration pointed out in this speech numerous We’ve watched as nothing has been done was to fire Dr. William Happer, a man who examples where the science is wrong, to protect the well being of our people. dared challenge Vice President Gore. He be- and I would suggest that the theory Our nation’s borders leak like a spaghetti lieved in science, not the junk science of the that big government controlling our strainer, millions of people illegally continue radicals. He didn’t fit, so out he went. From lives as the way to solve our problems pouring into our county to consume our limited there the pattern became all too clear. In order is also wrong. It will lead us not to healthcare, education, and other social service to receive even one penny of federal research more prosperity and not to more lib- dollars, and yes, to take jobs from our people, funds, a scientist would expected to toe the erty, but a diminishing of the liberty and in some cases commit crimes against our line of Man-made Global Warming alarmism. and prosperity of our people. people. Our government lets it happen. We Any dissent would be quickly quashed, or at Again, wake up America. It’s time can’t even build a fence. least cut off from any federal research funding. for the patriots to act. We still have In California we can’t even build new water So when approaching this concept of Man- time to turn this around. We have seen systems in the middle of a drought, this we made Global Warming we must examine the $4 trillion being given out, $4 trillion of are told because of a tiny fish—the delta science behind it. So let’s state right off, the private liability put on our shoulders smelt—so our people will suffer because of unconscionable intimidation of the science as public debt in this last year. This is concern over a little, tiny, worthless fish that’s community during the Clinton years has en- a tremendous centralization of power. not even good enough to use as bait. So last sured that bad science permeates the entire We will not give up our freedom and week, even amidst California’s tremendous dif- argument of those alarmists perpetuating this let this happen. We are not powerless. ficulties, with drought conditions and a short- man-made myth. This is still a democracy. People need age of water at near-crisis, this House voted That it is based on bad science and lies is to call their Member of Congress. They not for the people, but for fish. No water for easy to discern by the herculean effort Man- need to call their Senator and say man- our people if that little fish might be affected. made Global Warming advocates have made made global warming was a hoax. It Perhaps the most damaging of the weird to cut off debate. That is why in Congress was not something that we should be policies I’ve described is America’s long time they are now trying to quickly slip by drastic basing a centralization of wealth and commitment not to develop our domestic en- life altering legislation based on the Man-made power in the Federal Government, and ergy resources. Even as high energy prices Global Warming theory without confronting the certainly not something that we should have brought suffering and economic hardship basic science. How many of us have heard be getting involved in in order to en- to our people. Even as dollars have been si- ‘‘Case closed?’’ ‘‘This debate is over.’’ That is rich the power of the United Nations phoned from our pockets and deposited in cof- the language of debate and discussion restric- and other international bodies. fers overseas, enriching foreigners, some of tion.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 9920 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15952 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 Case closed. Al Gore takes no questions. matically in the 1940s, fifties, sixties and sev- they are using the words ‘‘climate change,’’ Every prominent scientist agrees so you must enties why, if the CO2 was rising in those dec- which is an admission that the Earth is getting be a kook to disagree. The name calling and ades, why was there actually a cooling of our cooler. So if human activity was making it stifling of debate by the Man-made Global climate in those decades? warmer, then maybe it is good that human Warming advocates has been shameful and a Okay. Let’s hear the science. Come on. beings will mitigate a cooling cycle with the disservice to democracy. Why is everyone afraid to take on these sci- human activity that, according to Al Gore and So what about the science? entific answers? I had one person suggest to others, was making it warmer. Logically, they First, about the so-called warming cycle me that the pollution in the atmosphere com- should now be advocating we use more fossil caused by human activity—we know that there pletely overwhelmed the ‘‘Greenhouse Effect’’ fuel. have been weather cycles and climate cycles during this period. If that’s true, then The So Al Gore’s scientific mumbo-jumbo was throughout the history of the world. The Global Clean Air Act of 1970 is directly responsible deceptive, the contention that all of the promi- Warming alarmists are now using a low point for Man-made Global Warming. Does anyone nent scientists agreed with him was not true of a 500 year cooling cycle, the end of the Lit- believe that? then and especially not true now. I’d now like tle Ice Age, as their baseline for determining And here’s another scientific challenge. A to add a long list of many prominent scientists if humankind is making the planet hotter. recent study shows that over 80 percent of who oppose the Man-made Global Warming Should we really be upset when there is a 1 America’s temperature and weather stations theory. The temperature predictions have or 2 degree rise from a 500 year low point in have been compromised and are faulty in the been wrong, and the man-made CO2 premise temperatures? information they’re providing. is wrong. So science question number one: are they The numbers have been skewed. They are Now we find out that the monitors used to not using an unreasonably cooler moment as suspect because the monitors have been collect the data were placed next to air-condi- a baseline for analysis? Question number two: placed in locations that do not meet the Na- tioning exhaust vents, and in parking lots, and what about the other weather cycles that have tional Weather Service basic standards. In on top of buildings, and near other heat had nothing to do with human activity? A thou- other words, the equipment is compromised; sources which, of course, made all of their sand years ago things were much warmer the figures coming out of the equipment can- data totally unreliable. than now. Iceland and Greenland were farmed not be relied upon. And our system, with 80 We also know the methodology of using by Norsemen. What about the many other cy- percent of our monitors that do not meet the computer models has been questionable from cles, many of them to prehistoric times, even standards, has been heralded as the best in the very beginning. We all know the saying: before man? So, all of a sudden it’s man’s the world. So think about that. What’s going garbage in, garbage out. But no one was per- fault? on in the rest of the world when we’re talking mitted to hear the questions; no one was per- So, if these cycles were happening before about a one-degree rise in temperature since mitted to ask follow-up questions; and to this humans were a force on the planet, isn’t it the end of the little ice age? day no one has been permitted to view the as- likely there is another explanation for the cy- So how about that as a scientific challenge? sumptions and calculations that went into the cles? Well, it seems to many scientists that If the data is based on monitors that don’t incorrect computer models used to justify the cycles of climate follow solar activity. That’s meet scientific standards, how can we pass alarmist campaign that is now being used to why cycles mirroring those on earth have laws with taxes and controls on our people, justify punitive taxes and controls on our peo- been observed on other planets. even if the the so-called problem is based on ple. In recent years we’ve been treated to out- a bogus number? The projections have been wrong. The at- cries of agony about the melting taking place And even with the current methods of col- tempt to stifle debate and shut up those peo- in the Arctic. Who has not seen the pictures lecting data, we have been warned time and ple who disagree by calling them names, de- of the poor polar bear on the ice flow, obvi- again with dire predictions. Over the last 20 nying grants, and making personal attacks has ously a victim of Man-made Global Warming? years, spreading the alarm, told us, Vice been wrong. Well not so fast. Yes, the ice cap is retreating. President Gore and others. So, let’s review the scientific challenges to There’s no doubt about that. But what about The temperatures were going to continue to the Man-made Global Warming theory. I have the ice cap on Mars? There is an ice cap on climb and then we would reach a tipping point issued challenges to any of my colleagues to Mars and it is retreating at exactly the same and temperatures would jump dramatically. debate the science of this issue, not one of time as our ice cap is retreating. Doesn’t that Well, wake up. Quit talking theory. those who now seem willing to vote for draco- indicate that it might be the sun and not driv- The Global Warming alarmists’ predictions nian legislation to implement the recommenda- ing SUVs or modern technology that’s creating were wrong, 180 degrees wrong. It has not tions of the Global Warming alarmists have such cycles, including the one that we are al- gotten any warmer for over a decade and it ever stepped forward. What is it they don’t ready in? looks like we’re even still getting cooler. That want to confront? So, if a polar bear is hurt it is not caused is totally contradictory to the predictions that Baseline comparison is at the bottom of a by human activity. And by the way, the polar alarmists like VP Gore and others aggres- 500-year decline in temperature. The science bear population has dramatically expanded— sively made to us. OK, this is yet another measurements were partly or severely flawed there are 4 to 5 times the number of polar science-based challenge. by a monitoring system that does not meet bears as there were in the 1960s. Don’t ignore it, please pay us more respect minimum acceptable standards. Past climate So here’s another scientific challenge: were than just changing your basic mantra from cycles were frequent even before the emer- there already cycles? And if polar ice on Mars ‘‘Man-made Global Warming’’ to ‘‘climate gence of mankind. Cycles like the retreating is retreating as well, aren’t cycles likely the re- change.’’ polar ice caps are parallel to similar cycles on sult of solar activity? Let’s have an answer to If I am proven wrong on a point, I will apolo- Mars suggesting solar activity, rather than that. gize and change my position. I won’t try to human activity, is the culprit. Increasing CO2 The Man-made Global Warming theory has change my wording so it sounds like I was levels did not cause warming, which can be been focused on CO2. Let’s talk about the never wrong in the first place. shown in the 1940s, 1950s, 1960s, and 1970s science of this. CO2 is a miniscule part of our These people were wrong. Remember it. where there was an increasing level of CO2, atmosphere, and if you ask the ordinary per- Every time they say ‘‘climate change’’ remem- but yet it was getting cooler. son, they think it’s 20 percent of the atmos- ber these were the same people who were Now that Man-made Global Warming has phere. Well, actually it’s less than 0.04 per- talking about Man-made Global Warming. been driven into the public consciousness, the cent. Much less than 1 tenth of 1 percent of Their dishonesty is underscored every time alarmists have the leverage right here in the atmosphere is CO2. And of that, at least they now use the phrase ‘‘climate change.’’ Washington. There is a price to pay, like the 80 percent of the CO2 in the atmosphere is Now, no matter if it gets warmer or colder, millions of children dying in Africa of malaria not traced to human activity. they want us to give them the power to tax because we prevented the use of DDT. We There have been, over the years, times and control us even though the preponder- did this so that bird egg shells would be thick- when CO2 was going up and down dramati- ance of evidence now suggests that cycles er. The birds were more important to them cally but did not affect the climate of the plan- come from solar activity. than millions of third world children. So re- et. For example, if Man-made CO2 causes Let me note this, this gang told us human member, there is a serious price to pay for lis- warming, why, as CO2 levels were rising dra- activity was causing the planet to warm. Now tening to irrational alarmists.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 9920 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15953 And now all of this confronts us. There is a But even if we believe all of the arguments Global and international bodies and our own bill to be voted on this week—the ‘‘American made by those who would foist this bill on us, government and our own Congress will be Clean Energy and Security Act of 2009’’ it will still not accomplish any meaningful CO2 given the right and power to intervene in our though I would call it the ‘‘Destroy American reduction. Remember, 80 percent or more of lives to prevent Man-made Global Warming. Jobs and Use Candles Act.’’ It is a bill that the CO2 in the atmosphere is not linked to That’s what it’s all about, globalism. If man comes at exactly the wrong time, and its neg- human activity. We must ask ourselves if the makes it, man must then be controlled. That’s ative consequences will be ever more severe cost of this bill, over $1600 in new taxes per why it was so important for them to steamroll in economic hard times as we are now suf- American family, is warranted given the fact over anybody who is in opposition and wanted fering. Maybe we are like the 3rd world chil- that the U.S. share of CO2 emissions is falling to ask some questions. They want nobody to dren in their minds. The birds are more impor- as China and India’s emissions are rising. So ask questions about their theory about Man- tant than our own suffering people. again, is it really worth it? Both of these coun- made Global Warming because they believe So let’s be clear. Our unemployment is cur- tries have already stated publicly that they will men and women, people, need to be con- rently at 9.4%, and that is expected to soon not match these suicidal policies being pro- trolled. That is part of their theory of govern- rise over double digits. There are unsubstan- posed. All this bill will do is further encourage ment. It will make it a whole new, more benev- tiated boasts of jobs saved through the stim- manufacturing to leave the United States for olent world. Unfortunately, a lot of the govern- ulus act, but that doesn’t help the 345,000 these countries. All of this will cost America. ment they are talking about is not the Amer- Americans who lost their jobs last month put All of this, to decrease worldwide tempera- ican Government. We are talking about inter- food on the table for their families. Our pro- tures by less than one degree over the next national mandates from unelected bodies that jected federal debt for this fiscal year reaches 20 years, that might take us a little close to we will then pass on power and authority to, to one point eight trillion dollars! the 500-year low in global temperatures. which is supported by many of the people We will soon auction an unprecedented So it will not do what the bill’s sponsors right here in this Congress. $104 billion in debt. $104 billion with $11 bil- claim it will. But what this bill will also do is re- Of course, the proposal before us will destroy the economy, and the irony of it is that lion in interest. That’s $11 billion just thrown duce our gross domestic product by over $7 it will have nothing to do with saving the plan- away. It will not save jobs; it will not repave trillion and destroy nearly 2 million jobs by et, but will in fact perhaps make the environ- roads; it will not provide healthcare. It will just 2012. It will raise electricity rates by 90 per- ment of our planet worse, rather than better. be used to continue our massive level of cent above inflation, incur $33,000 worth of That is why they have tried to stifle the debate spending. additional Federal debt for every man, woman And yet excessive taxation regulation man- and the attempt to push climate change legis- and child in America. Gas prices will rise over dates are now being proposed in Washington, lation has never been more intense. People in 50%. Natural Gas prices will rise by 50% as and they will have severe consequences. Washington, we don’t need to be told that So here we are, and now we are asked to well. And it will help the Chinese and other there has been an attempt to stifle debate. But pass an economy killing bill, in the name of people steal our businesses from us. This is I would ask that the American people think stopping Man-made Globa Warming. What’s in the real climate change calamity. about what they have heard about the Man- So yes, this bill costs on average 1.1 million this bill? Well don’t ask the bill’s author. Dur- made Global Warming theory over these 15 jobs a year. Between 2012 and 2035 the US ing markup of this bill, Chairman WAXMAN, years, but especially over these last 4 years. GDP will lose $9.4 trillion. All of this leads me when asked about a section of the bill The attempt to ramp up these scare tactics is claimed, ‘‘You’re asking me? I certainly don’t to ask this simple question Mr. Speaker: What at an all-time high. claim to know everything that’s in this bill.’’ is worse: Living under Man-made Global But mark my words, the real calamity will Well I would suggest, that if you are writing a Warming, or living under Man-made Global not be an out-of-control climate caused by hu- bill that will have profound repercussions for Warming legislation? I would suggest the lat- mans; the real calamity brought on by Man- decades to come, that is an unacceptable an- ter. made Global Warming will be the economy- For decades, phony, frightening predictions, swer. killing taxes and regulations that are put in Of course, we know the aim of this bill is to false climate assumptions and inaccurate in- place to solve a nonexistent problem. That reduce carbon dioxide emissions. As I have formation fed into computer climate models economic decline that we’re talking about is already said, this goal is foolhardy at best. It have been foisted on the American people, in- just Round one, however. Round two is easy will reduce emissions of a harmless gas, while cluding our young people, and people through- to predict. neglecting to address the dangerous pollutants out the world. Even worse, honest discussion For example, in the future, we are going to that have had a demonstrated negative effect on these issues of climate have been stifled, face all kinds of mandates and controls from on human health. and critics have been silenced in order to cre- the Federal Government and the The current proposal would reduce allow- ate an illusion of a consensus that the climate internationalcy. Some of these would be, for able CO2 emissions to around 80 percent of is going haywire and that we’re in for a Man- example, mandated increases in parking fees. the current level by 2020. From there it would made Global Warming calamity. So why is Do they tell you that now? All your local com- gradually decrease further. In order to control this? Why do we have this specter of Man- munities are going to have to raise your park- this, the federal government would issue per- made Global Warming being portrayed as a ing fees. And there will be major impediments mits that companies would use in exchange global calamity in the making? Well, it’s being to the private use of automobiles. And then, of for the right to emit CO2. These permits could used to stampede the public and, yes, stam- course, they’ve got to end frequent flyer miles be traded, bought and sold. Companies which pede officials into accepting what appears to and they’ve got to end discount air travel be- emit more CO2 than they have allowances for be the biggest power grab in history. One cause, believe it or not, and nobody has ever would face heavy fines. The sale of these rev- doesn’t have to be a conspiracy nut to realize been telling you this, they believe that air- enues will supposedly cover the cost of the there are a significant number of people who planes are the biggest CO2 footprint of all. bill. It is surprising then, that 85% of these al- really believe in centralizing the power of gov- That’s right. Your frequent flyer miles and your lowances will be given out for free during the ernment into the hands of elected and even discount tickets have got to go. Of course, the next twenty years. What?!? One wonders who unelected officials, centralizing that power in elite will be able to fly around in their private will decide who receives what will become yet Washington and elsewhere. And these planes giving a donation by supposedly plant- another government subsidy, or a political unelected officials, who now will be given so ing trees somewhere and thus they can fly in giveaway. According to recently released num- much power, are expected to be competent their private planes. But the rest of us cannot bers by the nonpartisan Congressional Budget and expected to be well motivated. They are go to see our sick relatives on a discounted Office, this bill gives away $821 billion worth expected to prove that by doing the things that ticket. No one has heard about this. Nobody of allocations to who the hell knows who, are consistent with the goals and the values of has heard about these types of controls that while consumers are going to pay $846 billion the people who are pushing to centralize are going to be mandated on our own people more in carbon energy costs. We have no power in their hands. by the United Nations perhaps. What has idea where those funds will go. The last time That we have a group of leftists who believe been the purview of local government will be we passed legislation with no idea what we in centralizing power should not surprise any- transferred to much higher authorities. Local were voting on, AIG got big bonuses. Who will one. But what we have here is the leftist politi- government will be required to follow inter- win big under this bill is still unclear, but what cos in this country who believe in centralizing national guidelines, climate guidelines, when it is clear is who will lose: The American worker. power anyway. comes to building, zoning, even local planning.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 9920 E:\BR09\H23JN9.001 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15954 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 This is part of our liberty. Where we live, referred to the House Calendar and or- Mr. SOUDER, for 5 minutes, today, what we eat, how we run our lives, this is dered to be printed. June 24, 25 and 26. what is at stake. It’s called liberty. This is a f fight between the globalists, who found a vehi- f REPORT ON RESOLUTION PRO- cle to try to gain power and grab power, and VIDING FOR CONSIDERATION OF those people who do believe in liberty and jus- BILLS PRESENTED TO THE H.R. 2892, DEPARTMENT OF tice. We call them patriots. We call them peo- PRESIDENT HOMELAND SECURITY APPRO- ple around the world who do believe in these PRIATIONS ACT, 2010 Lorraine C. Miller, Clerk of the Western values of dignity for the individual House reports that on June 19, 2009 she and freedom and justice. Ms. PINGREE of Maine, from the presented to the President of the If you aren’t frightened by this, you should Committee on Rules, submitted a priv- United States, for his approval, the fol- be. We have a fanatical movement of steely- ileged report (Rept. No. 111–183) on the lowing bills. resolution (H. Res. 573) providing for eyed zealots who cannot admit they made a H.R. 2346. Making supplemental appropria- mistake, who always attack the other person consideration of the bill (H.R. 2892) tions for the fiscal year ending September 30, rather than trying to have honest discussions making appropriations for the Depart- 2009, and for other purposes. of issues. Couple that with self-serving inter- ment of Homeland Security for the fis- H.R. 2344. To amend section 114 of title 17, ests, and there are many self-serving interests cal year ending September 30, 2010, and United States Code, to provide for agree- who are involved in this. They now have for other purposes, which was referred ments for the reproduction and performance joined in a political coalition that believes they to the House Calendar and ordered to of sound recordings by webcasters. be printed. H.R. 837. To designate the Federal building have the right to run the economy, run busi- located at 799 United Nations Plaza in New ness, run local schools, and run our lives. f York, New York, as the ‘‘Ronald H. Brown They have been looking for an excuse to as- SPECIAL ORDERS GRANTED United States Mission to the United Nations sume power. Building’’. By unanimous consent, permission to We must stand up and defeat this power H.R. 2675. To amend title II of the Anti- address the House, following the legis- grab. Wake up America! Your freedom and trust Criminal Penalty Enhancement and lative program and any special orders prosperity are at stake. Reform Act of 2004 to extend the operation of I yield back the balance of my time. heretofore entered, was granted to: such title for a 1-year period ending June 22, (The following Members (at the re- 2010. f quest of Mr. CONNOLLY of Virginia) to H.R. 813. To designate the Federal building REPORT ON RESOLUTION PRO- revise and extend their remarks and in- and United States courthouse located at 306 VIDING FOR CONSIDERATION OF clude extraneous material:) East Main Street in Elizabeth City, North Carolina, as the ‘‘J. Herbert W. Small Fed- Ms. WOOLSEY, for 5 minutes, today. H.R. 2647, NATIONAL DEFENSE eral Building and United States Court- Mr. GEORGE MILLER of California, for AUTHORIZATION ACT FOR FIS- house’’. CAL YEAR 2010 5 minutes, today. Ms. KAPTUR, for 5 minutes, today. f Ms. PINGREE of Maine, from the Mr. BRADY of Pennsylvania, for 5 Committee on Rules, submitted a priv- minutes, today. ADJOURNMENT ileged report (Rept. No. 111–182) on the (The following Members (at the re- resolution (H. Res. 572) providing for quest of Mr. MORAN of Kansas) to re- Ms. PINGREE of Maine. Mr. Speaker, consideration of the bill (H.R. 2647) to vise and extend their remarks and in- I move that the House do now adjourn. authorize appropriations for fiscal year clude extraneous material:) The motion was agreed to; accord- 2010 for military activities of the De- Mr. FLEMING, for 5 minutes, today. ingly (at 11 o’clock and 30 minutes partment of Defense, to prescribe mili- Mr. INGLIS, for 5 minutes, today. p.m.), the House adjourned until to- tary personnel strengths for fiscal year Mr. GINGREY of Georgia, for 5 min- morrow, Wednesday, June 24, 2009, at 10 2010, and for other purposes, whichh was utes, today. 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 first quarter and second quarter of 2009 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL TRAVEL, DELEGATION TO DENMARK, EXPENDED BETWEEN MAY 26 AND MAY 29, 2009

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. Steny Hoyer ...... 5 /26 5 /29 Denmark ...... 1,529.64 ...... 7,039.27 ...... 8,568.91 Hon. Mariah Sixkiller ...... 5 /26 5 /29 Denmark ...... 1,529.64 ...... 7,039.27 ...... 8,568.91 Austin Burnes ...... 5/26 5/29 Denmark ...... 1,529.64 ...... 7,039.27 ...... 8,568.91 Committee total ...... 25,706.73 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. HON. STENY H. HOYER, Chairman, June 6, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CANADA—U.S. INTERPARLIAMENTARY GROUP, CONFERENCE HELD IN LA MALBAIE, QUEBEC, CANADA, EXPENDED BETWEEN MAY 15 AND MAY 18, 2009

Hon. James Oberstar ...... 5 /15 5 /18 Canada ...... 1,004.03 ...... 1,004.03 Hon. Cliff Stearns ...... 5/15 5/18 Canada ...... 599.29 ...... 599.29 Hon. Bart Stupak ...... 5/15 5/17 Canada ...... 393.00 ...... 1,008.41 ...... 1,401.41 Hon. Candice Miller ...... 5/15 5/17 Canada ...... 393.00 ...... 1,167.68 ...... 1,560.68

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 8634 E:\BR09\H23JN9.002 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15955 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CANADA—U.S. INTERPARLIAMENTARY GROUP, CONFERENCE HELD IN LA MALBAIE, QUEBEC, CANADA, EXPENDED BETWEEN MAY 15 AND MAY 18, 2009—Continued

Peter Quilter ...... 5 /15 5 /18 Canada ...... 472.18 ...... 472.18 Robyn Wapner ...... 5/15 5/18 Canada ...... 472.18 ...... 472.18 Mary McVeigh ...... 5/15 5/18 Canada ...... 472.18 ...... 472.18 Dr. Kay King ...... 5/15 5/18 Canada ...... 472.18 ...... 472.18 Carl Ek ...... 5/15 5/18 Canada ...... 472.18 ...... 472.18 Jason Lamote ...... 5/15 5/18 Canada ...... 472.18 ...... 472.18 Shanna Winters ...... 5/15 5/17 Canada ...... 314.79 ...... 1,357.35 ...... 1,672.14 Committee total ...... 5,537.19 ...... 3,533.44 ...... 9,070.63 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. HON. JAMES L. OBERSTAR, Chairman, May 17, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL TRAVEL, DELEGATION TO JORDAN, QATAR, UNITED KINGDOM, EXPENDED BETWEEN MAY 7 AND MAY 12, 2009

Hon. Nancy Pelosi ...... 5 /07 5 /08 Jordan ...... 354.00 ...... (3) ...... 354.00 Hon. Rush Holt ...... 5/07 5/08 Jordan ...... 354.00 ...... (3) ...... 354.00 Hon. Brian Monaghan ...... 5 /07 5 /08 Jordan ...... 354.00 ...... (3) ...... 354.00 Hon. Wilson Livingood ...... 5/07 5/08 Jordan ...... 354.00 ...... (3) ...... 354.00 John Lawrence ...... 5/07 5/08 Jordan ...... 354.00 ...... (3) ...... 354.00 Wyndee Parker ...... 5 /07 5 /08 Jordan ...... 354.00 ...... (3) ...... 354.00 Andrew Hammill ...... 5 /07 5 /08 Jordan ...... 354.00 ...... (3) ...... 354.00 Bridget Fallon ...... 5/07 5/08 Jordan ...... 354.00 ...... (3) ...... 354.00 Hon. Nancy Pelosi ...... 5 /08 5 /11 Qatar ...... 1,073.00 ...... (3) ...... 1,073.00 Hon. Rush Holt ...... 5/08 5/11 Qatar ...... 1,073.00 ...... (3) ...... 1,073.00 Hon. Brian Monaghan ...... 5 /08 5 /11 Qatar ...... 1,073.00 ...... (3) ...... 1,073.00 Hon. Wilson Livingood ...... 5/08 5/11 Qatar ...... 1,073.00 ...... (3) ...... 1,073.00 John Lawrence ...... 5/08 5/11 Qatar ...... 1,073.00 ...... (3) ...... 1,073.00 Wyndee Parker ...... 5 /08 5 /11 Qatar ...... 1,073.00 ...... (3) ...... 1,073.00 Andrew Hammill ...... 5 /08 5 /11 Qatar ...... 1,073.00 ...... (3) ...... 1,073.00 Bridget Fallon ...... 5/08 5/11 Qatar ...... 1,073.00 ...... (3) ...... 1,073.00 Hon. Nancy Pelosi ...... 5 /11 5 /12 United Kingdom ...... 452.00 ...... (3) ...... 452.00 Hon. Rush Holt ...... 5/11 5/12 United Kingdom ...... 452.00 ...... (3) ...... 452.00 Hon. Brian Monaghan ...... 5 /11 5 /12 United Kingdom ...... 452.00 ...... (3) ...... 452.00 Hon. Wilson Livingood ...... 5/11 5/12 United Kingdom ...... 452.00 ...... (3) ...... 452.00 John Lawrence ...... 5/11 5/12 United Kingdom ...... 452.00 ...... (3) ...... 452.00 Wyndee Parker ...... 5 /11 5 /12 United Kingdom ...... 452.00 ...... (3) ...... 452.00 Andrew Hammill ...... 5 /11 5 /12 United Kingdom ...... 452.00 ...... (3) ...... 452.00 Bridget Fallon ...... 5/11 5/12 United Kingdom ...... 452.00 ...... (3) ...... 452.00 Committee total ...... 15,112.00 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. HON. NANCY PELOSI, Speaker of the House, June 12, 2009.

EXECUTIVE COMMUNICATIONS, lative proposal to be a part of the National duce Consumer Settlement Costs; With- ETC. Defense Authorization Bill for Fiscal Year drawal of Revised Definition of ‘‘Required 2010; to the Committee on Armed Services. Use’’ [Docket No.: FR-5180-F-06] (RIN: 2502- Under clause 2 of Rule XXIV, execu- 2362. A letter from the General Counsel, AI61) received June 2, 2009, pursuant to 5 tive communications were taken from Department of Defense, transmitting a legis- U.S.C. 801(a)(1)(A); to the Committee on Fi- the Speaker’s table and referred as fol- lative proposal to be a part of the National nancial Services. lows: Defense Authorization Bill for Fiscal Year 2367. A letter from the Legal Information 2358. A letter from the Director, Regu- 2010; to the Committee on Armed Services. Assistant, Department of the Treasury, latory Management Division, Environmental 2363. A letter from the General Counsel, transmitting the Department’s final rule — Protection Agency, transmitting the Agen- Department of Defense, transmitting a legis- Fair Credit Reporting Affiliate Marketing cy’s final rule — Alkyl Amine lative proposal to be a part of the National Regulations; Identity Theft Red Flags and Polyalkoxylates; Exemption from the Re- Defense Authorization Bill for Fiscal Year Address Discrepancies under the Fair and quirement of a Tolerance [EPA-HQ-OPP- 2010; to the Committee on Armed Services. Accurate Credit Transactions Act of 2003 2008-0738; FRL-8418-6] received June 12, 2009, 2364. A letter from the General Counsel, [Docket ID: OCC-2009-0001] (RIN: 1557-AD14) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Defense, transmitting a legis- received June 8, 2009, pursuant to 5 U.S.C. mittee on Agriculture. lative proposal to be a part of the National 801(a)(1)(A); to the Committee on Financial 2359. A letter from the Majority Co-Chair Defense Authorization Bill for Fiscal Year Services. and Minority Co-Chair, Commission on War- 2010; to the Committee on Armed Services. 2368. A letter from the Senior Counsel for time Contracting in Iraq and Afghanistan, 2365. A letter from the Chief Counsel, De- Regulatory Affairs, Department of the transmitting the Commission’s Interim Re- partment of Homeland Security, transmit- Treasury, transmitting the Department’s port describing the Commission’s origins, its ting the Department’s final rule — Suspen- final rule — TARP Standards for Compensa- plan of work, its review of existing knowl- sion of Community Eligibility [Docket ID: tion and Corporate Governance (RIN: 1505- edge and results of investigations so far, and FEMA-2008-0020; Internal Agency Docket No. AC09) received June 15, 2009, pursuant to 5 items on the agenda for further investiga- FEMA-8069] received June 17, 2009, pursuant U.S.C. 801(a)(1)(A); to the Committee on Fi- tion; to the Committee on Armed Services. to 5 U.S.C. 801(a)(1)(A); to the Committee on nancial Services. 2360. A letter from the General Counsel, Financial Services. 2369. A letter from the Assistant to the Department of Defense, transmitting legisla- 2366. A letter from the Associate General Board, Federal Reserve System, transmit- tive proposals to be incorporated as part of Counsel for Legislation and Regulations, De- ting the System’s final rule — Reserve Re- the National Defense Authorization Bill for partment of Housing and Urban Develop- quirements for Depository Institutions [Reg- Fiscal Year 2010; to the Committee on Armed ment, transmitting the Department’s final ulation D; Docket Nos.: R-1334 and R-1350] re- Services. rule — Real Estate Settlement Procedures ceived June 4, 2009, pursuant to 5 U.S.C. 2361. A letter from the General Counsel, Act (RESPA): Rule To Simplify and Improve 801(a)(1)(A); to the Committee on Financial Department of Defense, transmitting a legis- the Process of Obtaining Mortgages and Re- Services.

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.002 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15956 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 June 23, 2009 2370. A letter from the Director, Regu- latory Commission, transmitting the Com- sion, transmitting the Commission’s semi- latory Management Division, Environmental mission’s final rule — Consideration of Air- annual report from the office of the Inspec- Protection Agency, transmitting the Agen- craft Impacts for New Nuclear Power Reac- tor General for the period ending March 31, cy’s final rule — Approval and Promulgation tors [NRC-2007-0009] (RIN: 3150-AI19) received 2009, pursuant to Section 5(b) of the Inspec- of Air Quality Implementation Plans; Dis- June 17, 2009, pursuant to 5 U.S.C. tor General Act of 1978, as amended; to the trict of Columbia; Reasonably Available 801(a)(1)(A); to the Committee on Energy and Committee on Oversight and Government Control Technology Under the 8-Hour Ozone Commerce. Reform. National Ambient Air Quality Standard 2379. A letter from the Director, Office of 2390. A letter from the Executive Director, [EPA-R03-OAR-2008-0595; FRL-8918-1] re- Congressional Affairs, Nuclear Regulatory Interstate Commission on the Potomac ceived June 12, 2009, pursuant to 5 U.S.C. Commission, transmitting the Commission’s River Basin, transmitting the Commission’s 801(a)(1)(A); to the Committee on Energy and final rule — Revision of Fee Schedules; Fee audited Sixty-Eighth Financial Statement Commerce. Recovery for FY 2009 [NRC-2008-0620] (RIN: for the period of October 1, 2007 to September 2371. A letter from the Director, Regu- 3150-AI52) received June 17, 2009, pursuant to 30, 2008 pursuant to the Federal Managers’ latory Management Division, Environmental 5 U.S.C. 801(a)(1)(A); to the Committee on Financial Integrity Act and the Inspector Protection Agency, transmitting the Agen- Energy and Commerce. General Act of 1978, as amended; to the Com- cy’s final rule — Approval and Promulgation 2380. A letter from the Deputy Director, mittee on Oversight and Government Re- of Air Quality Implementation Plans; Vir- Defense Security Cooperation Agency, transform. ginia; Northern Virginia Reasonably Avail- mitting notification concerning the Depart- 2391. A letter from the International Roll able Control Technology Under the 8-Hour ment of the Army’s proposed Letter(s) of Call, transmitting a presentation that com- Ozone National Ambient Air Quality Stand- Offer and Acceptance to Chile for defense ar- pares their Legislative clients’ use of four (4) ard [EPA-R03-OAR-2007-0287; FRL-8918-2] re- ticles and services [Transmittal No. 09-16], available display technologies; to the Com- ceived June 12, 2009, pursuant to 5 U.S.C. pursuant to 22 U.S.C. 2776(b)(1); to the Com- mittee on House Administration. 801(a)(1)(A); to the Committee on Energy and mittee on Foreign Affairs. 2392. A letter from the Staff Director, Com- Commerce. 2381. A letter from the Secretary, Depart- mission on Civil Rights, transmitting notifi- 2372. A letter from the Director, Regu- ment of the Treasury, transmitting as re- cation that the Commission recently ap- latory Management Division, Environmental quired by Executive Order 13313 of July 31, pointed members to the California Advisory Protection Agency, transmitting the Agen- 2003, a six-month periodic report on the na- Committee; to the Committee on the Judici- cy’s final rule — Inclusion of CERCLA Sec- tional emergency with respect to the West- ary. tion 128(a) State Response Programs and ern Balkans that was declared in Executive 2393. A letter from the Staff Director, Com- Tribal Response Programs [EPA-HQ-SFUND- Order 13219 of June 26, 2001, pursuant to 50 mission on Civil Rights, transmitting notifi- 2009-0144; FRL-8919-3] (RIN: 2050-AG53) re- U.S.C. 1641(c); to the Committee on Foreign cation that the Commission recently ap- ceived June 12, 2009, pursuant to 5 U.S.C. Affairs. pointed members to the New Hampshire Ad- 801(a)(1)(A); to the Committee on Energy and 2382. A letter from the Secretary, Depart- visory Committee; to the Committee on the Commerce. ment of the Treasury, transmitting a six- Judiciary. 2373. A letter from the Director, Regu- month periodic report on the national emer- 2394. A letter from the Staff Director, Com- latory Management Division, Environmental gency with respect to North Korea that was mission on Civil Rights, transmitting notifi- Protection Agency, transmitting the Agen- declared in Executive Order 13466 of June 26, cation that the Commission recently ap- cy’s final rule — Rulemaking to Reaffirm the 2008, pursuant to 50 U.S.C. 1641(c); to the pointed members to the Tennessee Advisory Promulgation of Revisions of the Acid Rain Committee on Foreign Affairs. Committee; to the Committee on the Judici- Program Rules [EPA-HQ-OAR-2008-0774; 2383. A letter from the Secretary, Depart- ary. FRL-8917-6] (RIN: 2060-AP35) received June ment of the Treasury, transmitting as re- 2395. A letter from the Staff Director, Com- 12, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to quired by Executive Order 13313 of July 31, mission on Civil Rights, transmitting notifi- the Committee on Energy and Commerce. 2374. A letter from the Director, Regu- 2003, a six-month periodic report on the na- cation that the Commission recently ap- latory Management Division, Environmental tional emergency with respect to the risk of pointed members to the Georgia Advisory Protection Agency, transmitting the Agen- nuclear proliferation created by the accumu- Committee; to the Committee on the Judici- cy’s final rule — Prevention of Significant lation of weapons-usable fissile material in ary. Deterioration (PSD) and Nonattainment New the territory of the Russian Federation that 2396. A letter from the Acting Adminis- Source Review (NSR): Aggregation [EPA-HQ- was declared in Executive Order 13159 of trator, Department of Transportation, trans- OAR-2003-0064; FRL-8904-5] (RIN: 2060-AP49) June 21, 2000, pursuant to 50 U.S.C. 1641(c); to mitting the Federal Aviation Administra- received May 13, 2009, pursuant to 5 U.S.C. the Committee on Foreign Affairs. tion’s Capital Investment Plan (CIP) for fis- 801(a)(1)(A); to the Committee on Energy and 2384. A letter from the Chairman, Council cal years 2010-2014, pursuant to 49 U.S.C. app. Commerce. of the District of Columbia, transmitting a 2203(b)(1); to the Committee on Transpor- 2375. A letter from the Chief of Staff, Media copy of D.C. ACT 18-104, ‘‘WMATA Compact tation and Infrastructure. Bureau, Federal Communications Commis- Consistency Temporary Amendment Act of 2397. A letter from the Acting Adminis- sion, transmitting the Commission’s final 2009’’, pursuant to D.C. Code section 1- trator, General Services Administration, rule — In the Matter of Amendment of Sec- 233(c)(1); to the Committee on Oversight and transmitting informational copies of tion 73.622(i), Final DTV Table of Allot- Government Reform. prospectuses and fact sheets that support the ments, Television Broadcast Stations. (Bis- 2385. A letter from the Secretary, Depart- U.S. General Services Administration’s Fis- marck, North Dakota) [MB Docket No.: 08- ment of Agriculture, transmitting the De- cal Year 2010 Capital Investment and Leasing 134 RM-11466] received June 17, 2009, pursuant partment’s semiannual report from the of- Program; to the Committee on Transpor- to 5 U.S.C. 801(a)(1)(A); to the Committee on fice of the Inspector General for the period tation and Infrastructure. Energy and Commerce. ending March 31, 2009, pursuant to Public 2398. A letter from the Secretary, Depart- 2376. A letter from the Chief of Staff, Media Law 95-452; to the Committee on Oversight ment of Veterans Affairs, transmitting a Bureau, Federal Communications Commis- and Government Reform. draft bill to authorize $1,196,230,000 for the sion, transmitting the Commission’s final 2386. A letter from the Acting Assoc. Gen. Department of Veterans Affairs (VA) major rule — In the Matter of Amendment of Sec- Counsel for General Law, Department of facility construction project for Fiscal Year tion 73.622(i), Final DTV Table of Allot- Homeland Security, transmitting a report 2010 and $196,227,000 for major facility leases ments, Television Broadcast Stations. (Can- pursuant to the Federal Vacancies Reform for Fiscal Year 2010; to the Committee on ton, Ohio) [MB Docket No.: 08-126 RM-11458] Act of 1998; to the Committee on Oversight Veterans’ Affairs. received June 12, 2009, pursuant to 5 U.S.C. and Government Reform. 2399. A letter from the Acting Adminis- 801(a)(1)(A); to the Committee on Energy and 2387. A letter from the General Counsel, trator, Department of Homeland Security, Commerce. Department of Housing and Urban Develop- transmitting a draft bill ‘‘to authorize the 2377. A letter from the Chief of Staff, Media ment, transmitting a report pursuant to the Transportation Security Administration to Bureau, Federal Communications Commis- Federal Vacancies Reform Act of 1998; to the adjust the fee imposed on passengers of air sion, transmitting the Commission’s final Committee on Oversight and Government carriers and foreign air carriers to pay the rule — In the Matter of Amendment of Sec- Reform. costs of aviation security, and for other pur- tion 73.622(i), Final DTV Table of Allot- 2388. A letter from the General Counsel, poses’’; to the Committee on Homeland Secu- ments, Television Broadcast Stations. (Spo- Department of Housing and Urban Develop- rity. kane, Washington) [MB Docket No.: 08-129 ment, transmitting a report pursuant to the 2400. A letter from the Chairman, Federal RM-11461] received June 12, 2009, pursuant to Federal Vacancies Reform Act of 1998; to the Deposit Insurance Corporation, transmitting 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Oversight and Government in accordance with the provisions of section Energy and Commerce. Reform. 17(a) of the Federal Deposit Insurance Act, 2378. A letter from the Office Director, Of- 2389. A letter from the Acting Chairman, the Chief Financial Officers Act of 1990, Pub. fice of Congressional Affairs, Nuclear Regu- Equal Employment Opportunity Commis- L. 101- 576, and the Government Performance

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.002 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15957 and Results Act of 1993, the Corporation’s of wild free-roaming horses and burros, and H.R. 2990. A bill to provide special pays and 2008 Annual Report; jointly to the Commit- for other purposes; with an amendment allowances to certain members of the Armed tees on Financial Services and Oversight and (Rept. 111–177). Referred to the Committee of Forces, expand concurrent receipt of mili- Government Reform. the Whole House on the State of the Union. tary retirement and VA disability benefits to 2401. A letter from the Secretary, Depart- Mr. RAHALL: Committee on Natural Re- disabled military retirees, and for other pur- ment of Energy, transmitting the Depart- sources. H.R. 762. A bill to validate final pat- poses; to the Committee on Armed Services, ment’s 2008 report entitled, ‘‘Department of ent number 27–2005–0081, and for other pur- and in addition to the Committees on Over- Energy Activities Relating to the Defense poses (Rept. 111–178). Referred to the Com- sight and Government Reform, Natural Re- Nuclear Facilities Safety Board’’, pursuant mittee of the Whole House on the State of sources, and Veterans’ Affairs, for a period to Section 316(b) of the Atomic Energy Act the Union. to be subsequently determined by the Speak- of 1954; jointly to the Committees on Energy Mr. RAHALL: Committee on Natural Re- er, in each case for consideration of such pro- and Commerce and Armed Services. sources. H.R. 1275. A bill to direct the ex- visions as fall within the jurisdiction of the 2402. A letter from the Chairman, Labor change of certain land in Grand, San Juan, committee concerned. Member and Management Member, Railroad and Uintah Counties, Utah, and for other By Mr. CUMMINGS: Retirement Board, transmitting the Board’s purposes; with an amendment (Rept. 111–179). H.R. 2991. A bill to amend title 49, United 2009 annual report on the financial status of Referred to the Committee of the Whole States Code, to provide authority to the Sec- the railroad unemployment insurance sys- House on the State of the Union. retary of Transportation to guarantee sure- tem, pursuant to Public Law 100-647, section Mr. DICKS: Committee on Appropriations. ties against loss resulting from a breach of 7105; jointly to the Committees on Transpor- H.R. 2996. A bill making appropriations for the terms of a bond by an eligible small busi- tation and Infrastructure and Ways and the Department of the Interior, environ- ness concern, and for other purposes; to the Means. ment, and related agencies for the fiscal year Committee on Transportation and Infra- 2403. A letter from the Director, Executive ending September 30, 2010, and for other pur- structure. Office of the President, Office of National poses (Rept. 111–180). Referred to the Com- By Mr. COLE (for himself and Mr. JOR- Drug Policy, transmitting the Office’s 2009 mittee of the Whole House on the State of DAN of Ohio): National Southwest Border Counternarcotics the Union. H.R. 2992. A bill to amend the Internal Rev- Strategy, pursuant to Public Law 109-469, Ms. DELAURO: Committee on Appropria- section 1110; jointly to the Committees on tions. H.R. 2997. A bill making appropria- enue Code of 1986 to prohibit the use of pub- Armed Services, Homeland Security, Over- tions for Agriculture, Rural Development, lic funds for political party conventions; to sight and Government Reform, Energy and Food and Drug Administration, and Related the Committee on House Administration. Commerce, the Judiciary, and Appropria- Agencies programs for the fiscal year ending By Mr. COLE (for himself and Mr. JOR- tions. September 30, 2010, and for other purposes DAN of Ohio): 2404. A letter from the Honorable Tim Mur- (Rept. 111–181). Referred to the Committee of H.R. 2993. A bill to amend chapters 95 and phy (R-PA) and the Honorable Neil Aber- the Whole House on the State of the Union. 96 of the Internal Revenue Code of 1986 to crombie (D-HI), transmitting a draft bill en- Ms. PINGREE of Maine: Committee on terminate taxpayer financing of presidential titled, ‘‘H.R. 2227, the American Conserva- Rules. House Resolution 572. Resolution pro- election campaigns; to the Committee on tion and Clean Energy Independence Act of viding for consideration of the bill (H.R. 2647) Ways and Means, and in addition to the Com- 2009’’; jointly to the Committees on Natural to authorize appropriations for fiscal year mittee on House Administration, for a period Resources, Oversight and Government Re- 2010 for military activities of the Depart- to be subsequently determined by the Speak- form, Energy and Commerce, Ways and ment of Defense, to prescribe military per- er, in each case for consideration of such pro- Means, Science and Technology, Transpor- sonnel strengths for fiscal year 2010, and for visions as fall within the jurisdiction of the tation and Infrastructure, Education and other purposes (Rept. 111–182). Referred to committee concerned. Labor, Rules, the Budget, and the Judiciary. the House Calendar. By Mr. BOUCHER (for himself and Mr. f Mr. PERLMUTTER: Committee on Rules. STEARNS): House Resolution 573. Resolution providing H.R. 2994. A bill to reauthorize the Sat- REPORTS OF COMMITTEES ON for consideration of the bill (H.R. 2892) mak- ellite Home Viewer Extension and Reauthor- PUBLIC BILLS AND RESOLUTIONS ing appropriations for the Department of ization Act of 2004, and for other purposes; to Under clause 2 of rule XIII, reports of Homeland Security for the fiscal year ending the Committee on Energy and Commerce. committees were delivered to the Clerk September 30, 2010, and for other purposes By Mr. DAVIS of Alabama (for himself, (Rept. 111–183). Referred to the House Cal- for printing and reference to the proper Mr. BOUSTANY, Mr. CASSIDY, Mr. endar. BACHUS, Mr. CAO, Mr. MELANCON, Mr. calendar, as follows: f BRALEY of Iowa, Mr. FLEMING, Mr. Mr. SKELTON: Committee on Armed Serv- SCALISE, and Mr. BOSWELL): PUBLIC BILLS AND RESOLUTIONS ices. Supplemental report on H.R. 2647. A bill H.R. 2995. A bill to amend the American to authorize appropriations for fiscal year Under clause 2 of rule XII, public Recovery and Reinvestment Tax Act of 2009 2010 for military activities of the Depart- bills and resolutions of the following to clarify the low-income housing credits ment of Defense, to prescribe military per- that are eligible for the low-income housing sonnel strengths for fiscal year 2010, and for titles were introduced and severally referred, as follows: grant election, and for other purposes; to the other purposes (Rept. 111–166 Pt. 2). Committee on Financial Services. By Mr. GEORGE MILLER of California Mr. OBEY: Committee on Appropriations. By Mr. WAXMAN (for himself and Mr. Report on the Revised Suballocation of (for himself and Mr. ANDREWS): MARKEY of Massachusetts): Budget Allocations For Fiscal Year 2010 H.R. 2989. A bill to amend the Employee (Rept. 111–174). Referred to the Committee of Retirement Income Security Act of 1974 to H.R. 2998. A bill to create clean energy the Whole House on the State of the Union. provide special reporting and disclosure jobs, achieve energy independence, reduce Mr. RAHALL: Committee on Natural Re- rules for individual account plans and to pro- global warming pollution and transition to a sources. H.R. 556. A bill to establish a provide a minimum investment option require- clean energy economy; to the Committee on gram of research, recovery, and other activi- ment for such plans, to amend such Act to Energy and Commerce, and in addition to ties to provide for the recovery of the south- provide for independent investment advice the Committees on Foreign Affairs, Ways ern sea otter; with an amendment (Rept. 111– for participants and beneficiaries under indi- and Means, Financial Services, Education 175). Referred to the Committee of the Whole vidual account plans, and to amend such Act and Labor, Science and Technology, Trans- House on the State of the Union. and the Internal Revenue Code of 1986 to pro- portation and Infrastructure, Natural Re- Mr. RAHALL: Committee on Natural Re- vide transitional relief under certain pension sources, Agriculture, Oversight and Govern- sources. H.R. 934. A bill to convey certain funding rules added by the Pension Protec- ment Reform, and the Judiciary, for a period submerged lands to the Commonwealth of tion Act of 2006; to the Committee on Edu- to be subsequently determined by the Speak- the Northern Mariana Islands in order to cation and Labor, and in addition to the er, in each case for consideration of such pro- give that territory the same benefits in its Committee on Ways and Means, for a period visions as fall within the jurisdiction of the submerged lands as Guam, the Virgin Is- to be subsequently determined by the Speak- committee concerned. lands, and American Samoa have in their er, in each case for consideration of such pro- By Ms. BALDWIN (for herself, Mr. PAL- submerged lands; with an amendment (Rept. visions as fall within the jurisdiction of the LONE, Mr. TIM MURPHY of Pennsyl- 111–176). Referred to the Committee of the committee concerned. vania, and Mr. SCHRADER): Whole House on the State of the Union. By Mr. SKELTON (for himself, Mr. H.R. 2999. A bill to amend the Public Mr. RAHALL: Committee on Natural Re- TOWNS, Mr. SPRATT, Mr. WAXMAN, Health Service Act to enhance and increase sources. H.R. 1018. A bill to amend the Wild Mr. RAHALL, Mr. MARKEY of Massa- the number of veterinarians trained in vet- Free-Roaming Horses and Burros Act to im- chusetts, Mrs. DAVIS of California, erinary public health; to the Committee on prove the management and long-term health and Mr. LYNCH): Energy and Commerce.

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By Ms. LEE of California: gia, Mr. YARMUTH, Mr. LANGEVIN, and SARLING, Ms. GINNY BROWN-WAITE of H.R. 3000. A bill to establish a United Mr. SESTAK): Florida, Mrs. MYRICK, Mr. COBLE, Mr. States Health Service to provide high qual- H.R. 3006. A bill to provide grants to States MCCLINTOCK, Mr. BILBRAY, Mr. ity comprehensive health care for all Ameri- to ensure that all students in the middle NEUGEBAUER, Mr. NUNES, Mr. cans and to overcome the deficiencies in the grades are taught an academically rigorous MCCAUL, Mrs. BACHMANN, Mr. present system of health care delivery; to curriculum with effective supports so that GRAVES, and Mr. CANTOR): the Committee on Energy and Commerce, students complete the middle grades pre- H.J. Res. 57. A joint resolution proposing and in addition to the Committees on Ways pared for success in high school and postsec- an amendment to the Constitution of the and Means, and Education and Labor, for a ondary endeavors, to improve State and dis- United States to prohibit the United States period to be subsequently determined by the trict policies and programs relating to the from owning stock in corporations; to the Speaker, in each case for consideration of academic achievement of students in the Committee on the Judiciary. such provisions as fall within the jurisdic- middle grades, to develop and implement ef- By Mr. FALEOMAVAEGA (for himself, tion of the committee concerned. fective middle grades models for struggling Mr. MEEKS of New York, Mr. HONDA, By Ms. BALDWIN (for herself, Mr. students, and for other purposes; to the Com- Mr. KILDEE, Mr. PAYNE, Mrs. WAXMAN, Ms. LEE of California, Mr. mittee on Education and Labor. CHRISTENSEN, and Ms. BORDALLO): HONDA, and Ms. VELA´ ZQUEZ): By Mr. KANJORSKI: H. Res. 574. A resolution expressing the H.R. 3001. A bill to address the health dis- H.R. 3007. A bill to provide fiscal assistance sense of the House of Representatives that parities experienced by lesbian, gay, bisex- to local governments; to the Committee on Peru should immediately cease any hostile ual, and transgender Americans, to elimi- Oversight and Government Reform. activity against its indigenous peoples and nate the barriers they face in accessing qual- By Mr. KISSELL: instead engage in dialogue to address ongo- ity health care, and to ensure that good H.R. 3008. A bill to establish a National ing political conflict between state authorities and indigenous peoples; to the Com- health and well-being is accessible to all; to Strategic Gasoline Reserve, and for other mittee on Foreign Affairs. the Committee on Energy and Commerce, purposes; to the Committee on Energy and By Mr. GINGREY of Georgia (for him- and in addition to the Committees on Armed Commerce. self, Ms. WATERS, Mr. BROUN of Geor- Services, the Judiciary, Ways and Means, By Mr. ROSS: gia, Mr. KING of Iowa, Mr. BONNER, Oversight and Government Reform, House H.R. 3009. A bill to promote alternative and Mr. BRADY of Texas, Ms. FALLIN, Mr. Administration, Education and Labor, Vet- renewable fuels and domestic energy produc- AKIN, Mr. TIAHRT, Mr. GOHMERT, Mr. erans’ Affairs, Transportation and Infra- tion, and for other purposes; to the Com- FRANKS of Arizona, Mr. SCALISE, Mr. structure, Intelligence (Permanent Select), mittee on Natural Resources, and in addition THOMPSON of Pennsylvania, Mr. CUL- and Foreign Affairs, for a period to be subse- to the Committee on Energy and Commerce, BERSON, Mr. LAMBORN, Mr. SAM JOHN- quently determined by the Speaker, in each for a period to be subsequently determined SON of Texas, Mr. BILBRAY, Mr. case for consideration of such provisions as by the Speaker, in each case for consider- JONES, Mr. WESTMORELAND, Mr. fall within the jurisdiction of the committee ation of such provisions as fall within the ju- MCCAUL, Mr. ROHRABACHER, Mr. concerned. risdiction of the committee concerned. MACK, Mr. SIMPSON, Mr. JOHNSON of By Mr. BOEHNER (for himself and Mr. By Mr. WU: Illinois, Mr. WAMP, Mr. SESSIONS, Mr. CANTOR): H.R. 3010. A bill to amend the Elementary NUNES, and Mr. SMITH of Nebraska): H.R. 3002. A bill to protect all patients by and Secondary Education Act of 1965 to re- H. Res. 575. A resolution expressing support prohibiting the use of data obtained from duce class size through the use of fully quali- for the private property rights protections comparative effectiveness research to deny fied teachers, and for other purposes; to the guaranteed by the 5th Amendment to the coverage of items or services under Federal Committee on Education and Labor. Constitution on the 4th anniversary of the health care programs and to ensure that By Mr. TURNER (for himself, Mr. Supreme Court’s decision of Kelo v. City of comparative effectiveness research accounts LATOURETTE, Mr. PITTS, Mr. BART- New London; to the Committee on the Judi- for advancements in personalized medicine LETT, Mr. SHADEGG, Mr. BROUN of ciary. and differences in patient treatment re- Georgia, Mr. PRICE of Georgia, Mr. By Mr. SESTAK (for himself, Mr. VAN sponse; to the Committee on Energy and BISHOP of Utah, Mr. KING of Iowa, Mr. HOLLEN, Mr. MCCAUL, and Mr. Commerce, and in addition to the Committee GINGREY of Georgia, Mr. POSEY, Mr. TIBERI): on Ways and Means, for a period to be subse- FRANKS of Arizona, Mr. BONNER, Mr. H. Res. 576. A resolution expressing support quently determined by the Speaker, in each GOHMERT, Mr. SAM JOHNSON of Texas, for designation of September 12, 2009, as ‘‘Na- case for consideration of such provisions as Mrs. BLACKBURN, Mr. TIAHRT, Mr. tional Childhood Cancer Awareness Day’’; to fall within the jurisdiction of the committee LATTA, Mr. HELLER, Mr. ROGERS of the Committee on Energy and Commerce. concerned. Alabama, Mr. LEE of New York, Mr. By Mr. SOUDER (for himself, Mr. By Mrs. CAPPS (for herself, Mr. ROG- MILLER of Florida, Mr. GARRETT of BILBRAY, Mr. CARTER, Mr. PIERLUISI, ERS of Michigan, Mrs. DAVIS of Cali- New Jersey, Mr. WESTMORELAND, Mr. and Mr. BURTON of Indiana): fornia, Mrs. CAPITO, Mrs. NAPOLI- MARCHANT, Mr. GARY G. MILLER of H. Res. 577. A resolution recognizing the TANO, Mr. BERMAN, Mr. HARE, and Ms. California, Mr. CALVERT, Mr. GALLE- Nation’s orthopedic industry for its contin- SCHAKOWSKY): GLY, Mr. REHBERG, Mr. ALEXANDER, ued legacy of innovation in providing devices H.R. 3003. A bill to amend the Public Mrs. SCHMIDT, Mr. PENCE, Mr. BUR- that relieve the pain of, and restore mobility Health Service Act to establish the School- TON of Indiana, Mr. SOUDER, Mr. to, active duty armed service members, vet- Based Health Clinic program, and for other BOOZMAN, Mr. DAVIS of Kentucky, erans, and patients of all ages from all walks purposes; to the Committee on Energy and Mr. SENSENBRENNER, Mr. PLATTS, Mr. of life; to the Committee on Energy and Commerce. LINDER, Mr. WAMP, Mr. AKIN, Mr. Commerce. By Mr. GINGREY of Georgia (for him- KINGSTON, Mr. MARIO DIAZ-BALART of f self, Mr. BROUN of Georgia, Mr. KING Florida, Mr. MCKEON, Mr. KLINE of of Iowa, Mr. BRADY of Texas, Mr. Minnesota, Mrs. CAPITO, Mr. TERRY, MEMORIALS PAULSEN, Ms. FALLIN, Mr. BARTLETT, Mr. BACHUS, Mr. LAMBORN, Mr. ROE Under clause 4 of Rule XXII, memo- Mr. PITTS, Mrs. BLACKBURN, Mr. CUL- of Tennessee, Mr. FLEMING, Mr. CUL- rials were presented and referred as fol- BERSON, Mr. LAMBORN, Mr. BONNER, BERSON, Mr. YOUNG of Alaska, Mr. lows: Mr. FRANKS of Arizona, Mr. BILBRAY, TIBERI, Mr. STEARNS, Mr. YOUNG of 97. The SPEAKER presented a memorial of Mr. JONES, Mr. WESTMORELAND, Mr. Florida, Mr. HUNTER, Mr. SHUSTER, the State Senate and Assembly of the State WAMP, Mr. SESSIONS, Mr. NUNES, and Mr. MICA, Mr. COFFMAN of Colorado, Legislature of Nevada, relative to SENATE Mr. SMITH of Nebraska): Mr. LUETKEMEYER, Mr. KING of New JOINT RESOLUTION No. 2 Urging the Ne- H.R. 3004. A bill to amend the Internal Rev- York, Mr. BARRETT of South Caro- vada Congressional Delegation and Congress enue Code of 1986 to exclude from gross in- lina, Mr. COLE, Mr. SESSIONS, Mr. to take certain actions concerning wilder- come gain from the conversion of property OLSON, Mr. HALL of Texas, Mr. ness areas and wilderness study areas; to the by reason of eminent domain; to the Com- FORBES, Mr. AUSTRIA, Mr. REICHERT, Committee on Natural Resources. mittee on Ways and Means. Mr. WILSON of South Carolina, Mr. 98. Also, a memorial of the State House of By Mr. GRAVES: ROGERS of Kentucky, Mr. JONES, Mr. Representatives of Alaska, relative to House H.R. 3005. A bill to expedite the increased BOEHNER, Mr. BOUSTANY, Mr. DUN- Resolve No. 9 Reaffirming support for the en- supply and availability of energy to our Na- CAN, Ms. FOXX, Mr. SHIMKUS, Mr. POE vironmentally responsible development of tion; to the Committee on Energy and Com- of Texas, Mr. HERGER, Mr. HOEKSTRA, the Kensington Gold Mine; and urging the merce. Mr. MANZULLO, Mr. BURGESS, Mr. governor to encourage and facilitate the By Mr. GRIJALVA (for himself, Mr. LEWIS of California, Mr. FLAKE, Mr. prompt continuation or reinstatement, reac- FATTAH, Ms. CLARKE, Mr. HARE, Mr. LUCAS, Mr. CARTER, Ms. GRANGER, tivation, and period extension of permits au- DAVIS of Illinois, Mr. LEWIS of Geor- Mr. WALDEN, Mr. LANCE, Mr. HEN- thorizing the construction and operation of

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the Kensington Gold Mine upon a decision by H.R. 1067: Mr. SIRES and Mr. SHIMKUS. tucky, Mr. BERRY, Ms. MCCOLLUM, Ms. LEE the United States Supreme Court in favor of H.R. 1074: Mr. TERRY and Mr. SMITH of Ne- of California, Mr. SERRANO, Mr. SCHIFF, Mr. the Kensington Gold Mine; to the Committee braska. MORAN of Virginia, Ms. WASSERMAN SCHULTZ, on Natural Resources. H.R. 1075: Mr. SESTAK. Mr. PRICE of North Carolina, Mr. SALAZAR, 99. Also, a memorial of the State Senate H.R. 1077: Mr. TERRY and Mr. MCHUGH. Mr. PASTOR of Arizona, Ms. KAPTUR, Mr. and the Assembly of the State Legislature of H.R. 1091: Mr. WEXLER. DICKS, Mr. FATTAH, Ms. DELAURO, and Mr. Nevada, relative to Senate Concurrent Reso- H.R. 1101: Mr. MCDERMOTT and Ms. PINGREE HONDA. lution No. 35 Urging Congress to enact legis- of Maine. H.R. 2102: Mr. VAN HOLLEN and Ms. BALD- lation allowing states to collect sales taxes H.R. 1137: Mr. TEAGUE. WIN. on remote sales, including sales on the Inter- H.R. 1147: Mr. AKIN, Ms. BORDALLO, Mr. H.R. 2110: Mr. COURTNEY and Ms. BERKLEY. net; to the Committee on the Judiciary. BARTLETT, Mr. CUMMINGS, and Mr. SMITH of H.R. 2119: Mr. BURGESS. 100. Also, a memorial of the State House of Nebraska. H.R. 2156: Mr. MICHAUD, Mr. MCGOVERN, Representatives of Alaska, relative to House H.R. 1177: Mr. CALVERT and Mr. LINCOLN and Mr. PAULSEN. Resolve No. 8 Requesting the United States DIAZ-BALART of Florida. H.R. 2159: Mr. ISRAEL. Congress to permanently repeal the federal H.R. 1207: Mr. CANTOR, Mr. SPACE, Mr. CON- H.R. 2190: Mr. KUCINICH, Mr. COHEN, Mr. unified gift and estate tax; to the Committee YERS, Mr. SHERMAN, and Mr. SNYDER. ROTHMAN of New Jersey, Mr. JOHNSON of on Ways and Means. H.R. 1210: Mr. DOYLE. Georgia, and Ms. TSONGAS. 101. Also, a memorial of the State Senate H.R. 1215: Mr. ROTHMAN of New Jersey. H.R. 2220: Mr. HUNTER, Ms. NORTON, Mr. and Assembly of the State Legislature of Ne- H.R. 1230: Mr. ALTMIRE, Ms. BALDWIN, Mr. DOYLE, Mr. LATHAM, Ms. BERKLEY, Mr. BOC- vada, relative to SENATE JOINT RESOLU- MURPHY of Connecticut, and Mr. BARROW. CIERI, Mr. HARE, Mr. HASTINGS of Wash- TION No. 4 Urging Congress to fund fully and H.R. 1242: Mr. TANNER. ington, Mr. CONNOLLY of Virginia, and Mr. protect the future of the Medicare program; H.R. 1255: Ms. MOORE of Wisconsin, Mr. SOUDER. jointly to the Committees on Energy and NUNES, Mr. GINGREY of Georgia, and Mr. SAM H.R. 2227: Mr. WOLF and Mr. DENT. Commerce and Ways and Means. JOHNSON of Texas. H.R. 2231: Mr. KUCINICH. H.R. 1283: Mr. LARSON of Connecticut and H.R. 2239: Mr. MASSA. f Mr. LUJA´ N. H.R. 2243: Ms. KOSMAS and Mr. SNYDER. ADDITIONAL SPONSORS H.R. 1293: Mr. STEARNS and Mr. BOOZMAN. H.R. 2245: Mr. WU, Ms. JACKSON-LEE of H.R. 1302: Mr. BOSWELL. Texas, Mr. CULBERSON, and Mr. BISHOP of Under clause 7 of rule XII, sponsors H.R. 1310: Ms. KILROY. New York. were added to public bills and resolu- H.R. 1313: Mr. COURTNEY, Mr. MORAN of H.R. 2246: Mr. MURPHY of Connecticut. tions as follows: Virginia, and Mr. WILSON of South Carolina. H.R. 2266: Mr. YOUNG of Alaska. H.R. 1335: Mr. BISHOP of New York. H.R. 2267: Mr. YOUNG of Alaska. H.R. 164: Mr. YOUNG of Alaska. H.R. 1362: Mr. MCCOTTER. H.R. 2272: Mr. PRICE of North Carolina. H.R. 179: Ms. HIRONO. H.R. 1398: Mr. ELLSWORTH. H.R. 2293: Mr. MCDERMOTT. H.R. 186: Ms. LEE of California. H.R. 1422: Mr. HERGER. H.R. 2296: Mr. DAVIS of Kentucky and Mr. H.R. 197: Mr. STUPAK, Mr. BILBRAY, Mr. H.R. 1428: Ms. BORDALLO. AUSTRIA. TERRY, Mr. TIM MURPHY of Pennsylvania, H.R. 1441: Mr. LOEBSACK and Mr. CARNEY. H.R. 2304: Mr. RODRIGUEZ and Mr. WAXMAN. and Mr. AUSTRIA. H.R. 1443: Mr. LOEBSACK and Mr. SCHIFF. H.R. 2315: Mr. SPACE. H.R. 209: Mr. SESTAK. H.R. 1452: Mr. UPTON. H.R. 2329: Mr. MANZULLO, Mr. SHULER, and H.R. 303: Mr. STEARNS and Mr. SESSIONS. H.R. 1454: Mr. COFFMAN of Colorado and Mr. Ms. SCHWARTZ. H.R. 433: Mr. BARTLETT. RUPPERSBERGER. H.R. 2360: Mr. HALL of New York and Mr. ERRY H.R. 442: Mr. T . H.R. 1458: Mr. WILSON of South Carolina, LANCE. ILSON H.R. 503: Mr. W of South Carolina, Mr. BUTTERFIELD, Ms. JACKSON-LEE of Texas, H.R. 2389: Mrs. LOWEY. C AHON HANDLER Mr. M M , and Mr. C . Ms. MOORE of Wisconsin, and Mr. SPRATT. H.R. 2390: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 510: Mr. LARSON of Connecticut. H.R. 1470: Ms. MARKEY of Colorado. fornia. H.R. 517: Mr. HALL of New York. H.R. 1478: Mr. NADLER of New York. H.R. 2404: Mr. HASTINGS of Florida, and Mr. H.R. 571: Mr. MCCLINTOCK, Mr. MARKEY of H.R. 1507: Mr. PAUL. JOHNSON of Illinois. Massachusetts, and Mr. OLVER. H.R. 1548: Mr. COBLE and Mr. SCHOCK. H.R. 2408: Mr. UPTON, Ms. WOOLSEY, Mr. H.R. 574: Mr. MARKEY of Massachusetts, H.R. 1585: Mr. SCOTT of Virginia, Mr. SCOTT MAFFEI, Mr. HALL of Texas, Mr. WEXLER, Mr. Ms. MATSUI, and Mr. GRIFFITH. of Georgia, and Mr. PALLONE. PIERLUISI, Mrs. MCCARTHY of New York, Ms. H.R. 610: Mr. POE of Texas. H.R. 1587: Mr. YOUNG of Alaska. KILPATRICK of Michigan, Mr. CONYERS, and H.R. 621: Mr. COURTNEY, Mr. GENE GREEN of H.R. 1616: Mr. LOEBSACK, Ms. SUTTON, and Mr. PETERS. Texas, Mr. EHLERS, and Mr. JONES. Ms. KILROY. H.R. 2413: Mr. SCHIFF, Mr. MCGOVERN, Mr. H.R. 669: Ms. DEGETTE. H.R. 1633: Mr. BISHOP of New York. KING of New York, Mr. LINCOLN DIAZ-BALART H.R. 685: Mr. SOUDER, Ms. SCHWARTZ, Mr. H.R. 1682: Mr. POE of Texas. of Florida, Ms. ROS-LEHTINEN, Mr. REYES, MEEKS of New York, Mr. BISHOP of Georgia, H.R. 1685: Ms. SCHAKOWSKY. and Ms. DELAURO. Mr. BARROW, Mr. GONZALEZ, Mr. DOYLE, Ms. H.R. 1700: Mr. JACKSON of Illinois and Mr. H.R. 2414: Mr. BLUMENAUER and Mr. FIL- JACKSON-LEE of Texas, Mrs. MCCARTHY of MEEK of Florida. NER. New York, Ms. CORRINE BROWN of Florida, H.R. 1705: Mr. HONDA. H.R. 2421: Mr. SERRANO, Mr. SHIMKUS, and Ms. EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 1751: Mr. DOGGETT, Mr. SMITH of Mr. KING of New York. CUMMINGS, Mr. THOMPSON of Mississippi, Ms. Washington, Mr. BLUMENAUER, Mrs. MALO- H.R. 2427: Mr. JACKSON of Illinois. EDWARDS of Maryland, Ms. CLARKE, Ms. NOR- NEY, Ms. WATERS, and Mr. NADLER of New H.R. 2438: Mr. PAUL. TON, Mr. BUTTERFIELD, Mr. LEWIS of Georgia, York. H.R. 2456: Mr. MEEK of Florida, Mr. BRADY Mr. SCOTT of Georgia, Ms. MOORE of Wis- H.R. 1758: Mr. SESTAK and Mr. MORAN of of Pennsylvania, Mr. BOOZMAN, Mr. MITCH- consin, Mr. RUSH, Mr. WATT, Mr. SCOTT of Virginia. ELL, Mr. MCGOVERN, and Mr. RODRIGUEZ. Virginia, Mr. HASTINGS of Florida, Mr. H.R. 1799: Mrs. LOWEY, Mr. GRIFFITH, and H.R. 2476: Mr. PERLMUTTER, Ms. MARKEY of FATTAH, Mr. CLEAVER, Mrs. CHRISTENSEN, Ms. MARKEY of Colorado. Colorado, and Mr. MCCLINTOCK. Ms. RICHARDSON, Ms. KILPATRICK of Michi- H.R. 1818: Mr. BISHOP of New York. H.R. 2478: Mr. JOHNSON of Georgia, Mr. gan, Ms. WATSON, Ms. FUDGE, and Ms. H.R. 1821: Mr. CONNOLLY of Virginia. BRADY of Pennsylvania, Mr. MARKEY of Mas- WATERS. H.R. 1822: Mr. FLEMING. sachusetts, Mr. CARTER, Mr. HALL of New H.R. 731: Mr. WILSON of South Carolina. H.R. 1849: Mr. SMITH of Texas. York, Mr. GUTIERREZ, Mr. BONNER, Ms. H.R. 745: Mr. LOEBSACK and Ms. BERKLEY. H.R. 1897: Ms. BALDWIN, Mr. ELLSWORTH, HIRONO, Mr. ELLISON, Mrs. CAPPS, Ms. MAT- H.R. 753: Mr. LEVIN. Mr. PITTS, and Mr. JOHNSON of Georgia. SUI, Mr. HASTINGS of Florida, Mr. TIERNEY, H.R. 775: Mr. FOSTER, Mr. LEWIS of Geor- H.R. 2006: Ms. SCHWARTZ. Ms. SUTTON, Mr. DELAHUNT, Mr. HOLT, Mr. gia, Ms. RICHARDSON, and Mr. JACKSON of Illi- H.R. 2017: Mr. FARR, Mr. COURTNEY, Mr. OLVER, Mr. LYNCH, Mr. FILNER, Mr. ISRAEL, nois. RODRIGUEZ, and Mr. SPACE. Mr. TAYLOR, Mr. MILLER of Florida, Mr. KAN- H.R. 816: Ms. RICHARDSON and Mr. BISHOP of H.R. 2028: Mr. DAVIS of Kentucky. JORSKI, Mr. ROHRABACHER, Ms. GRANGER, Mr. Georgia. H.R. 2049: Mr. ISRAEL, Mr. PLATTS, Mr. WU, EHLERS, Mr. MANZULLO, and Mr. DANIEL E. H.R. 930: Mr. POMEROY. and Mr. NEUGEBAUER. LUNGREN of California. H.R. 946: Mrs. DAHLKEMPER. H.R. 2058: Mr. HODES. H.R. 2480: Mr. COURTNEY, Mr. SESTAK, Mr. H.R. 950: Mr. TEAGUE. H.R. 2061: Mr. GOHMERT. FILNER, and Mr. HONDA. H.R. 995: Mr. WELCH. H.R. 2068: Mr. BUTTERFIELD. H.R. 2488: Mr. NYE, Mr. EDWARDS of Texas, H.R. 1024: Ms. SLAUGHTER. H.R. 2093: Mr. FARR. Mr. HASTINGS of Florida, Mr. SPACE, Mr. H.R. 1051: Mr. HODES. H.R. 2097: Mr. BROWN of South Carolina, BISHOP of New York, and Mr. PATRICK J. H.R. 1064: Ms. KOSMAS and Mr. ALTMIRE. Mr. HALL of New York, Mr. ROGERS of Ken- MURPHY of Pennsylvania.

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H.R. 2499: Ms. PINGREE of Maine, Ms. TITUS, H. Con. Res. 128: Mr. BOOZMAN. The amendment to be offered by Rep- and Mr. HIMES. H. Con. Res. 144: Mr. VISCLOSKY, Mr. RUSH, resentative SKELTON, or a designee, to H.R. H.R. 2531: Mr. CARNAHAN. Mr. COURTNEY, Mr. HARE, Mr. LEWIS of Geor- 2647, the National Defense Authorization Act H.R. 2539: Mr. MCCOTTER. gia, Ms. BERKLEY, Mr. SESTAK, Mr. CARNA- for FY10, contains the following congres- H.R. 2560: Mr. MICHAUD. HAN, Ms. SCHAKOWSKY, Ms. KAPTUR, Ms. sional earmarks, limited tax benefits, or lim- H.R. 2561: Mr. CARNEY, Mr. FOSTER, and Mr. HIRONO, and Mr. SMITH of Washington. ited tariff benefits as defined in clause 9 of FILNER. H. Con. Res. 146: Mr. FILNER. Rule XXI: Title II; Acct RDDW; PE or H.R. 2568: Mr. ELLISON. H. Con. Res. 152: Mr. BERMAN. Project 1160405BB; Line 247; Description Ad- H.R. 2578: Ms. KAPTUR, Mr. MCCOTTER, and H. Con. Res. 154: Mr. WEINER, Mr. SHERMAN, vanced, Long Endurance Unattended Ground Mr. BURTON of Indiana. Mr. FRANK of Massachusetts, and Mr. Sensor; Amount $8,000 (Dollars in Thou- H.R. 2614: Mr. MITCHELL. CLEAVER. sands); Member HARPER; Intended Recipient H.R. 2619: Mr. BARTLETT. H. Res. 69: Ms. RICHARDSON, Mr. MARIO Mississippi State University; Intended Loca- H.R. 2648: Mrs. MALONEY, Mr. SNYDER, and DIAZ-BALART of Florida, Mr. CLEAVER, Mr. tion of Performance; Starkville, MS. Mr. PASTOR of Arizona. CONYERS, Mr. LINCOLN DIAZ-BALART of Flor- The amendment to be offered by Rep- H.R. 2672: Mr. ROE of Tennessee. ida, Ms. SCHAKOWSKY, Mr. SKELTON, and Ms. resentative PRICE of North Carolina, or a H.R. 2681: Mr. STARK. LEE of California. designee, to H.R. 2892, the Department of H.R. 2692: Mr. YOUNG of Alaska. H. Res. 111: Mr. CARNEY, Ms. KOSMAS, Ms. Homeland Security Appropriations Act, 2010, H.R. 2697: Mr. ROGERS of Kentucky and Mr. CLARKE, Mr. GALLEGLY, Mr. CONNOLLY of Vir- contains no congressional earmarks, limited SMITH of Nebraska. ginia, Mr. MCCLINTOCK, Mr. BILBRAY, Mr. tax benefits, or limited tariff benefits as de- H.R. 2708: Mrs. CHRISTENSEN. PATRICK J. MURPHY of Pennsylvania, Mr. fined in clause 9(e), 9(f) or 9(g) of rule XXI. H.R. 2710: Mr. RYAN of Ohio, Mr. POMEROY, MILLER of Florida, Mrs. CAPITO, Mr. HALL of f Ms. DEGETTE, Mr. CARSON of Indiana, and Texas, Mrs. LOWEY, and Mr. BOUSTANY. Mr. ABERCROMBIE. H. Res. 159: Ms. BALDWIN. PETITIONS, ETC. H.R. 2720: Mrs. MALONEY. H. Res. 199: Mr. JOHNSON of Illinois. Under clause 1 of Rule XXII, peti- H.R. 2724: Mr. ELLISON, Ms. LEE of Cali- H. Res. 209: Ms. ZOE LOFGREN of California. fornia, Mr. SIRES, Mr. PAYNE, and Mrs. H. Res. 244: Mr. AUSTRIA. tions and papers were laid on the NAPOLITANO. H. Res. 278: Mr. WU and Mr. TOWNS. clerk’s desk and referred as follows: H.R. 2743: Mr. TIM MURPHY of Pennsyl- H. Res. 285: Mr. LAMBORN, Ms. BORDALLO, 55. The SPEAKER presented a petition of vania, Mr. PERLMUTTER, Mr. SMITH of New Mr. HUNTER, and Mr. MCMAHON. the California Federation of Teachers AFT, Jersey, Mr. GRIFFITH, Mr. WILSON of South H. RES. 288: MR. FATTAH, MR. SIRES, MRS. AFL-CIO, relative to 2009 CFT RESOLUTION Carolina, Mr. MILLER of Florida, Mr. AUS- CHRISTENSEN, MR. PAYNE, MR. HALL OF 35 Endorsing the Workers Emergency Recov- TRIA, Mr. COFFMAN of Colorado, Mr. CULBER- TEXAS, AND MR. MICHAUD. ery Campaign; to the Committee on Edu- SON, Mr. ARCURI, Ms. LINDA T. SA´ NCHEZ of cation and Labor. H. Res. 364: Mrs. HALVORSON. California, Mr. ETHERIDGE, Ms. HERSETH 56. Also, a petition of the Clayton County H. Res. 397: Mr. JOHNSON of Illinois, Mr. SANDLIN, Mr. BACA, and Mr. SIMPSON. Public Schools Office of the Interim Super- GOODLATTE, and Mr. MCCLINTOCK. H.R. 2746: Mr. PASCRELL, Mr. MCMAHON, intendent in Jonesboro, Georgia, relative to H. Res. 412: Mr. SESTAK. Mr. HASTINGS of Florida, Mr. HIGGINS, Mr. a resolution fully supporting the intention H. Res. 433: Mr. ROTHMAN of New Jersey KLEIN of Florida, and Mr. LYNCH. ‘‘Sexual Abuse Awareness Month’’ and fur- and Mrs. LOWEY. H.R. 2752: Mr. HENSARLING and Mr. ROGERS ther supporting this ‘‘awareness’’ not only in H. Res. 441: Mr. KUCINICH, Mr. COURTNEY, of Kentucky. the month of April but supporting this cause Mr. RYAN of Ohio, Mr. DAVIS of Illinois, Mrs. H.R. 2754: Ms. SCHWARTZ. throughout the year for the protection of DAHLKEMPER, Mr. GUTIERREZ, Mr. KILDEE, H.R. 2770: Mr. WALZ. children from the spiritual, physical and Ms. ESHOO, Mr. MORAN of Virginia, Mr. COS- H.R. 2777: Mr. COURTNEY. mental harm that can be caused by sexual TELLO, Mr. ROTHMAN of New Jersey, Mrs. H.R. 2784: Mr. YOUNG of Alaska. abuse and urging the State of Georgia, the NAPOLITANO, Mr. WILSON of Ohio, and Mr. H.R. 2786: Mr. YOUNG of Alaska. United States Congress and the President of STUPAK. H.R. 2796: Mr. FRELINGHUYSEN and Mr. AUS- the United States to likewise support ac- H. Res. 452: Ms. BORDALLO, Mr. MCGOVERN, TRIA. tions to protect children from the harm that H.R. 2810: Ms. SCHAKOWSKY. Mr. SESTAK, and Ms. MOORE of Wisconsin. is caused by sexual abuse; to the Committee H.R. 2817: Mr. FILNER. H. Res. 476: Mrs. BLACKBURN. on Energy and Commerce. H.R. 2819: Mr. SERRANO. H. Res. 491: Mr. BISHOP of New York. 57. Also, a petition of the City of North H.R. 2828: Mrs. BLACKBURN. H. Res. 494: Mr. LARSEN of Washington and Miami Beach, Florida, relative to RESOLU- H.R. 2831: Mr. PATRICK J. MURPHY of Penn- Mr. PRICE of North Carolina. TION NO. R2009-29 URGING PRESIDENT sylvania. H. Res. 497: Mr. MCCOTTER, Mr. STEARNS, OBAMA TO GRANT TEMPORARY PROTEC- H.R. 2835: Mr. POLIS of Colorado and Mr. Mr. JORDAN of Ohio, Mr. PENCE, Ms. FOXX, TIVE STATUS TO HAITIANS IN THE DEFAZIO. Mr. CASSIDY, Mr. LATTA, Mr. BOOZMAN, Mr. UNITED STATES; to the Committee on the H.R. 2842: Mr. STEARNS, Mr. HALL of Texas, MARIO DIAZ-BALART of Florida, Mrs. MCMOR- Judiciary. Mr. PAUL, Mr. TURNER, Mr. AKIN, Mr. BROUN RIS RODGERS, Mr. OLSON, Mr. FORBES, Mr. 58. Also, a petition of the American Bar of Georgia, and Mr. ISSA. DUNCAN, Mr. KING of New York, and Mr. Association, relative to a resolution relating H.R. 2844: Mr. LOEBSACK and Mr. POMEROY. BUYER. to Juvenile Sex Offender Registration; to the H.R. 2846: Mr. THORNBERRY and Mr. BAR- H. Res. 507: Mr. BOSWELL, Mr. MCCOTTER, Committee on the Judiciary. RETT of South Carolina. and Mr. SCOTT of Georgia. 59. Also, a petition of the American Bar H.R. 2850: Mr. ANDREWS, Mr. BOUCHER, Mr. H. Res. 512: Mr. KIRK, Ms. MOORE of Wis- Association, relative to a resolution relating BUTTERFIELD, Mr. DAVIS of Illinois, Ms. consin, Mr. KRATOVIL, Mr. JONES, and Mr. to the Mediation of Criminal Matters; to the DEGETTE, Mr. GENE GREEN of Texas, Mr. HASTINGS of Florida. Committee on the Judiciary. GORDON of Tennessee, and Ms. SCHAKOWSKY. H. Res. 543: Ms. TITUS, Mr. MINNICK, and H.R. 2875: Mr. SIMPSON. Mr. BLUMENAUER. f H.R. 2882: Ms. RICHARDSON, Ms. HIRONO, and H. Res. 547: Mrs. MCMORRIS RODGERS. AMENDMENTS Mr. ROTHMAN of New Jersey. H. Res. 549: Mr. BURTON of Indiana. H.R. 2891: Ms. SCHAKOWSKY. H. Res. 550: Mr. LEWIS of Georgia, Ms. Under clause 8 of rule XVIII, pro- H.R. 2894: Mr. VAN HOLLEN and Mr. RUP- CORRINE BROWN of Florida, Mr. JOHNSON of posed amendments were submitted as PERSBERGER. Georgia, Mr. FATTAH, Ms. MOORE of Wis- follows: H.R. 2902: Mr. FRANK of Massachusetts. consin, Mr. RUSH, and Ms. NORTON. H.R. 2647 H.R. 2913: Mr. BILIRAKIS and Ms. CASTOR of H. Res. 556: Mr. ROYCE. Florida. H. Res. 566: Mr. GEORGE MILLER of Cali- OFFERED BY: MR. SKELTON H.R. 2920: Mr. MURPHY of Connecticut. fornia. AMENDMENT NO. 1: Page 72, line 18, strike H.R. 2941: Mr. SESTAK and Mr. CARNAHAN. f ‘‘(h)’’ and insert ‘‘(d)’’. H.R. 2943: Mr. POLIS of Colorado. At the end of section 414 (page 122, after H.R. 2956: Mr. HENSARLING. CONGRESSIONAL EARMARKS, LIM- line 14), add the following new subsection: H.R. 2969: Mr. COSTA, Ms. EDWARDS of ITED TAX BENEFITS, OR LIM- (c) CONFORMING AMENDMENT TO STATUTORY Maryland, Mr. MORAN of Virginia, and Mr. ITED TARIFF BENEFITS LIMITATION.—Section 10217(c)(2) of title 10, GEORGE MILLER of California. United States Code, is amended by striking Under clause 9 of rule XXI, lists or H.J. Res. 56: Mr. PITTS and Mr. MCCOTTER. ‘‘1,950’’ and inserting ‘‘2,541’’. H. Con. Res. 49: Mr. MELANCON. statements on congressional earmarks, Page 260, lines 9 and 10, strike ‘‘by adding H. Con. Res. 74: Ms. WATSON and Mr. ELLI- limited tax benefits, or limited tariff at the end the following new section’’ and in- SON. benefits were submitted as follows: sert ‘‘by inserting after section 235, as added

VerDate Mar 15 2010 14:58 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR09\H23JN9.002 H23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 12 15961 by section 242(a) of this Act, the following $11,700,000 and fuel purchases for the Navy in Defense-wide activities in the amount of new section’’. the amount of $11,200,000. $900,000. Page 260, line 11, strike ‘‘235.’’ and insert (2) AVAILABILITY.—Of the funds authorized (g) MILITARY PERSONNEL.—Funds author- ‘‘236.’’. to be appropriated in section 301(2) for oper- ized to be appropriated in section 421 for Page 262, before line 1, strike ‘‘235.’’ and in- ation and maintenance for the Navy for the military personnel accounts are reduced by sert ‘‘236.’’. purpose of Ship Activations/Inactivations, $50,000,000, to be derived from unobligated At the end of subtitle A of title X (page 323, $6,000,000 shall be available for the Navy Ship balances for military personnel accounts. after line 12), add the following new section: Disposal–Carrier Demonstration Project Page 345, line 16, strike ‘‘30 days’’ and in- SEC. 1003. ADJUSTMENT OF CERTAIN AUTHOR- (d) MARINE CORPS OPERATION AND MAINTE- sert ‘‘90 days’’. IZATIONS OF APPROPRIATIONS. NANCE.—Funds authorized to be appropriated Page 391, line 15, strike ‘‘the budget fiscal (a) AIR FORCE RESEARCH, DEVELOPMENT, in section 301(3) for operation and mainte- year’’ and insert ‘‘subsequent fiscal years’’. TEST, AND EVALUATION.—Funds authorized to nance for the Marine Corps are reduced by Strike section 1505 (page 493, beginning be appropriated in section 201(3) for research, $2,000,000, to be derived from unobligated bal- line 12) and insert the following new section: development, test, and evaluation for the Air ances for the Marine Corps in the amount of SEC. 1505. NAVY AND MARINE CORPS PROCURE- Force are reduced by $2,900,000, to be derived $1,100,000 and fuel purchases for the Marine MENT. from sensors and near field communication Corps in the amount of $900,000. Funds are hereby authorized to be appro- technologies. (e) AIR FORCE OPERATION AND MAINTE- priated for fiscal year 2010 for procurement (b) ARMY OPERATION AND MAINTENANCE.— NANCE.—Funds authorized to be appropriated accounts of the Navy and Marine Corps in Funds authorized to be appropriated in sec- in section 301(4) for operation and mainte- amounts as follows: tion 301(1) for operation and maintenance for nance for the Air Force are reduced by (1) For aircraft procurement, Navy, the Army are reduced by $18,000,000, to be de- $25,000,000, to be derived from unobligated $916,553,000. rived from unobligated balances for the balances for the Air Force in the amount of (2) For weapons procurement, Navy, Army in the amount of $11,700,000 and fuel $4,300,000 and fuel purchases for the Air $73,700,000. purchases for the Army in the amount of Force in the amount of $20,700,000. (3) For ammunition procurement, Navy $6,300,000. (f) DEFENSE-WIDE OPERATION AND MAINTE- and Marine Corps, $710,780,000. (c) NAVY OPERATION AND MAINTENANCE.— NANCE.—Funds authorized to be appropriated (4) For other procurement, Navy, (1) REDUCTION.—Funds authorized to be ap- in section 301(5) for operation and mainte- $318,018,000. propriated in section 301(2) for operation and nance for Defense-wide activities are reduced (5) For procurement, Marine Corps, maintenance for the Navy are reduced by by $5,200,000, to be derived from unobligated $1,164,445,000. $22,900,000 to be derived from unobligated balances for Defense-wide activities in the Page 556, line 14, strike ‘‘2821(b)’’ and insert balances for the Navy in the amount of amount of $4,300,000 and fuel purchases for ‘‘2811(b)’’.

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CONGRATULATIONS TO CHUCK ing, camping and, we hope, strumming his City of Corona Police Department. The fund- MCCALL UPON HIS RETIREMENT guitar. ing would be used to purchase equipment re- FROM THE OFFICE OF OFFICIAL f quired to achieve interoperability in the field; REPORTERS as well as equip the department’s Mobile EARMARK DECLARATION Command Vehicle (MCV) with necessary tech- HON. STENY H. HOYER nology, including mobile radios, digital tele- OF MARYLAND HON. MIKE ROGERS vision monitors, video recording capability, IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN computers, printers, mapping software, wireless router and system to ensure the MCV can Tuesday, June 23, 2009 IN THE HOUSE OF REPRESENTATIVES Tuesday, June 23, 2009 act as a planning and collaborative field cen- Mr. HOYER. Madam Speaker, today I rise ter. I certify that this project does not have a to congratulate Chuck McCall as he retires Mr. ROGERS of Michigan. Madam Speaker, direct and foreseeable effect on any of my pe- from the Official Reporters, a division of the pursuant to the House Republican standards cuniary interests. Office of the Clerk, after 33 years of service to on earmarks, I am submitting the following in- Requesting Member: Congressman KEN the House of Representatives. formation regarding earmarks I received as CALVERT During his long career with the House, part of H.R. 2647, The National Defense Au- Bill Number: H.R. 2847 Chuck has been responsible for providing a thorization Act of Fiscal Year 2010. Account: DOJ, COPS Law Enforcement broad range of technical support for the elec- Requesting Member: Congressman MIKE Technology tronic systems that make the operations of this ROGERS (MI) Legal Name of Requesting Entity: City of body possible. His responsibilities have in- Bill Number: H.R. 2647 Riverside Public Utilities cluded the Electronic Voting System, the Account: Other Procurement—Aviation Sup- Address of Requesting Entity: 3901 Orange House Publication System, and the daily pro- port Equipment—Aviation Life Support Street, Riverside, California 92501 duction of the CONGRESSIONAL RECORD. He Legal Name of Requesting Entity: Peckham Description of Request: I have secured has contributed to the design, configuration, Industries $1,000,000 for the City of Riverside Public software development, installation, system Address of Requesting Entity: Peckham In- Utilities Infrastructure Video Security. The testing, vendor contracting, operations, main- dustries, 2822 N. Martin Luther King Blvd., funding will go towards the purchase, installa- tenance, user assistance, training, and system Lansing, MI 48906 tion and configuration of necessary infrastruc- documentation of these valuable House sys- Description of Request: Provide funding of ture for video security at Public Utilities Sub- tems. $5,000,000 for a Multi Climate Protection Sys- stations. The City’s Information Technology Chuck came to the House in 1976 as a tem (MCPS) for U.S. Navy and Marine Corps department and Public Utilities will design a Courier and Production Control Specialist in aircrews. The U.S. Navy and Marine Corps re- system that will provide for video security the HIS Computer Center. quirement for MCPS is 21,500 units. cameras at each substation as well as the net- In 1977, he became a Computer Operator $5,000,000 will fund approximately 2,500 sets work, storage and enterprise software nec- tasked with supporting the Electronic Voting of MCPS. MCPS is designed to replace out- essary to effectively manage the cameras. I System, the Member Correspondence System, dated garments that are bulky, do not fit the certify that this project does not have a direct and the House Publication System. aircrew population, have minimal water and and foreseeable effect on any of my pecuniary In 1980, Chuck was named a Computer wind resistance, and limited moisture manage- interests. Programmer and his projects included the ment and cannot decrease or increase thermal Requesting Member: Congressman KEN House Legislative Information System, the value by addition or removal of layers. The CALVERT House Committee Meeting Scheduling Sys- majority of aircrews do not have this system. Bill Number: H.R. 2847 tem, and the Legislative Database System. f Account: DOJ, COPS Law Enforcement In 1984, he was named Senior Systems Technology Specialist for the Electronic Voting System EARMARK DECLARATION Legal Name of Requesting Entity: Riverside and the House Publication and Communica- County Sheriff’s Department tions System. HON. KEN CALVERT Address of Requesting Entity: 4095 Lemon Chuck joined the Office of the Clerk in 1989 OF CALIFORNIA Street, Riverside, California 92501 as an Operations Supervisor and, in addition IN THE HOUSE OF REPRESENTATIVES Description of Request: I have secured to his EVS responsibilities, became involved in $700,000 for Night Vision Binoculars for the the House Document Management System Tuesday, June 23, 2009 Riverside County Sheriff’s Department. The and the House Floor Audio System. He was Mr. CALVERT. Madam Speaker, pursuant funding will provide the department night vi- named Technical Manager in 1996. to the Republican Leadership standards on sion binoculars that will greatly enhance the It was in 1999 that Chuck assumed his earmarks, I am submitting the following infor- night time capabilities of the Riverside County present position with the Office of Official Re- mation regarding earmarks I received as part Sheriff’s Emergency Services Team. The AN/ porters as System Analyst. In that role, he has of H.R. 2847, the Commerce, Justice, Science PVS–15 models can be hand-held or used as been responsible for the daily transmission of and Related Agencies Appropriations Bill, a helmet-mounted goggle and is specifically the CONGRESSIONAL RECORD to the Govern- 2010. designed for critical missions where high per- ment Printing Office each evening, often work- Requesting Member: Congressman KEN formance and depth perception are vital under ing into the wee hours of the morning to en- CALVERT low light conditions. I certify that this project sure timely publication of the RECORD. It only Bill Number: H.R. 2847 does not have a direct and foreseeable effect seems appropriate that we honor his service Account: DOJ, COPS Law Enforcement on any of my pecuniary interests. in that RECORD today. Technology Requesting Member: Congressman KEN After dedicated service to this House for 33 Legal Name of Requesting Entity: City of CALVERT years, we wish Chuck the very best as he now Corona Bill Number: H.R. 2847 has the opportunity to spend more time with Address of Requesting Entity: 400 S. Account: DOJ, OJP—Byrne Discretionary his wife, Mary, and his beautiful daughter, Vicentia Avenue, Corona, California 92882 Grants Kathleen. He will retire to his home near the Description of Request: I have secured Legal Name of Requesting Entity: California Chesapeake Bay and will enjoy fishing, boat- $150,000 for interoperability upgrades for the Department of Justice

● 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.

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Address of Requesting Entity: 1300 I Street, Request information: Representative JACK of Connecticut’s Worker’s Compensation Com- Sacramento, California 95814 KINGSTON mission. Description of Request: I have secured H.R. 2847 Amarjit and his family first came to America $250,000 for the California Department of Jus- Department of Justice in 1965 to attend law school at the University tice’s Riverside Gang Suppression Enforce- COPS Technology Account of Michigan. After getting his degree, he ment Team. The funding will provide support Recipient information: Valdosta/Lowndes moved to Vernon, Connecticut more than for the Gang Suppression Enforcement Team joint Crime Lab three decades ago and has since been an ac- program in Riverside County. Funding will be Chief Frank Simons tive member of the community. Amarjit serves used for training, equipment, translation serv- City of Valdosta as a justice of the peace and is active in var- ices, wiretapping, overtime pay, and travel ex- P.O. Box 1125 ious local organizations. He has also served penses for law enforcement personnel. I cer- Valdosta, GA 31603-1125 as president of the New England Sikh Study tify that this project does not have a direct and Description: The crime lab received an ear- Circle and as Chairman of the World Sikh foreseeable effect on any of my pecuniary in- mark in the amount of $500,000. Funding will Council, America region. terests. provide equipment to expand and enhance the In 1995, he was appointed to serve on the Requesting Member: Congressman KEN capabilities of the Valdosta/Lowndes joint Vernon Board of Education. Later that year, CALVERT crime lab. This equipment will be utilized for he was elected to serve a full four year term Bill Number: H.R. 2847 processing of evidence in criminal prosecu- and was chosen as Chairman of Board of Account: DOJ, OJP—Byrne Discretionary tions and will affect local, state, and federal Education following his re-election in 1999. At Grants law enforcement initiatives. This translates to that time, he was one of the first Sikh-Ameri- Legal Name of Requesting Entity: Chabad assisting victims of crime well outside of Geor- cans elected to public office. He is a pas- of Riverside gia by providing quality evidence processing sionate advocate for strong public schools, Address of Requesting Entity: 3579 Arling- and identification. since it made a huge difference in his own life ton Avenue, Suite 100, Riverside, California f and that of his children. He remains an active 92506 contributing member of the Board of Edu- Description of Request: I have secured EARMARK DECLARATION cation, being reelected most recently in 2005. $400,000 for Chabad of Riverside’s Project Amarjit has also been an active participant in PRIDE (Prevention, Resource, Information and REP. DENNY REHBERG local, state and national Democratic politics. Drug Eradication). The funding would be used OF MONTANA Always present at local and state political con- to expand Project PRIDE, a drug prevention IN THE HOUSE OF REPRESENTATIVES ventions, Buttar was chosen to be a delegate program to reach at-risk youth in my district at the Democratic National Convention in Bos- Tuesday, June 23, 2009 and the region. Funding will be used to train ton, Massachusetts in July 2004. additional counselors and volunteers, drug and Mr. REHBERG. Madam Speaker, pursuant At the Workers’ Compensation office, alcohol prevention material production, an to the Republican Leadership standards on Amarjit provided technical and legal assist- interactive drug prevention website and an at- earmarks, I am submitting the following infor- ance to all who interact with that very complex risk youth treatment and prevention camp. I mation regarding earmarks I received as part system. Claimants, claimant family members, certify that this project does not have a direct of H.R. 2892, the Fiscal Year 2010 Depart- staff, attorneys, even the chairmen themselves and foreseeable effect on any of my pecuniary ment of Homeland Security Appropriations all relied on Amarjit’s accurate, compassionate interests. Act: and cheerful help to make the system work Requesting Member: Congressman KEN Requesting Member: Rep. DENNY REHBERG and achieve real justice for injured workers CALVERT Bill Number: H.R. 2892 and the companies they worked for. Bill Number: H.R. 2847 Account: FEMA Amarjit is also an avid fan of the University Account: DOJ, OJP—Juvenile Justice Name and Address: Butte-Silver Bow Gov- Legal Name of Requesting Entity: Olive of Connecticut Basketball program. The father ernment (155 W. Granite, Butte, MT 59701) Crest Treatment Centers of two UConn graduates, Amarjit worked with Description: A formal analysis of Butte-Silver Address of Requesting Entity: 2130 E. 4th State Representative Claire Janowski and Bow’s current emergency operations center Street, Suite 200, Santa Ana, California other legislators to rename the stretch of revealed deficiencies in all critical areas: the 92705-3818 Route 195 that leads to the UConn campus Description of Request: I have secured physical facility lacks adequate space, sustain- the ‘‘UConn Husky Way.’’ $500,000 for Olive Crest’s Independent Living ability, survivability, and interoperable commu- For those of us who know Amarjit and con- Skills for At-Risk Youth. The funding would be nications equipment. This $800,000 will be sider him a friend, we know that his retirement used towards expanding a three phase pro- used to construct a facility that meets Dept. of will not mean an end to his public service. I gram for successful independent living for at- Homeland Security standards and upgrade ask my colleagues to join with me and in con- risk youth. The program assists the partici- communications equipment to provide Butte- gratulating him and wishing him well in his fu- pants in developing tools that will enable them Silver Bow with a functional emergency oper- ture endeavors. to foster relationships and become responsible ations center. Serving a community of 40,000 f people, in an area that is at risk of experi- for themselves by providing training on issues EARMARK DECLARATION such as banking, health, education, housing encing environmental (forest fire, earthquake, plans and job preparation. I certify that this etc.) and man-made disasters, it is critical that project does not have a direct and foreseeable the current emergency operations center be HON. ELTON GALLEGLY effect on any of my pecuniary interests. replaced to provide for a timely and proper re- OF CALIFORNIA sponse in the event of a catastrophic event. f IN THE HOUSE OF REPRESENTATIVES f Tuesday, June 23, 2009 EARMARK DECLARATION HONORING AMARJIT BUTTAR FOR Mr. GALLEGLY. Madam Speaker, pursuant HIS MANY YEARS OF SERVICE to the House Republican standards on ear- HON. JACK KINGSTON TO THE STATE OF CONNECTICUT OF GEORGIA marks, I am submitting the following informa- IN THE HOUSE OF REPRESENTATIVES tion regarding earmarks I received as part of HON. JOE COURTNEY H.R. 2847, the Commerce, Justice, Science Tuesday, June 23, 2009 OF CONNECTICUT and Related Agencies Appropriations Act, Mr. KINGSTON. Madam Speaker, pursuant IN THE HOUSE OF REPRESENTATIVES 2010: to the Republican Leadership standards on Requesting Member: Rep. ELTON GALLEGLY earmarks, I am submitting the following infor- Tuesday, June 23, 2009 Bill: H.R. 2847—the Commerce, Justice, mation regarding earmarks I received as part Mr. COURTNEY. Madam Speaker, I rise Science and Related Agencies Appropriations of H.R. 2847, the Commerce, Justice, Science today to offer my congratulations and best Act, 2010 & Other Related Agencies Appropriations Act, wishes to Amarjit Buttar who is retiring after Account: Department of Justice, OJP— 2010: two decades of dedicated service to the state Byrne Discretionary Grants

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15964 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 Legal Name of Requesting Entity: County of EARMARK DECLARATION Account: EPA, State and Tribal Assistance Ventura Grants Address of Requesting Entity: 800 So. Vic- HON. JOHN SHIMKUS Legal Name of Requesting Entity: Big Bear toria Avenue, Ventura, CA 93009 OF ILLINOIS Lake Department of Water and Power Description of Request: This $570,000 re- Address of Requesting Entity: 41972 Garstin IN THE HOUSE OF REPRESENTATIVES quest is for a pilot program in Ventura County, Drive, Big Bear Lake, California 92315 California to establish a DNA Cold Case Pros- Tuesday, June 23, 2009 Description of Request: This project would ecution Unit to investigate and prosecute vio- Mr. SHIMKUS. Madam Speaker, pursuant to provide improved water pressure at peak de- lent crimes through the use of DNA tech- the Republican Leadership standards on ear- mand periods and improved water quality re- nology. The federal government has devoted marks, I am submitting the following informa- sulting from the replacement of steel pipes considerable resources to DNA testing and es- tion regarding earmarks I received as part of with PVC. Although the City of Big Bear is lo- tablishing DNA databases. However, even H.R. 1105. cated in an area prone to wildfires, much of its with a DNA match, the passage of time makes Requesting Member: JOHN SHIMKUS water supply infrastructure is unable to even these cases extremely difficult to investigate Bill number: H.R. 2647 meet minimum requirements for fire flow. En- and prosecute as prosecutors must recon- The Account: MCANG gineering studies have identified 181,800 feet struct the case based upon the new DNA evi- Lincoln Capital Airport, 1200 Capital Airport of pipeline that must be replaced to meet cur- dence. This program will fund the hiring of a Drive, Springfield, IL 62707. rent standards. prosecutor and two investigators for the sole Funding would go to relocate the existing Amount: $500,000. purpose for solving and prosecuting DNA cold base entrance at Abraham Lincoln Capital Air- Requesting Member: Congressman JERRY cases. port (ANG), Illinois to meet AntiTerrorism/ LEWIS. Requesting Member: Rep. ELTON GALLEGLY Force Protection criteria. Provide additional Project Name: The City of Calimesa for Bill: H.R. 2847—the Commerce, Justice, standoff area to construct facilities to meet AT/ Storm Drain Improvements Science and Related Agencies Appropriations FP criteria. The base is acquiring 13 acres Account: EPA, State and Tribal Assistance Act, 2010 from the adjacent Airport Authority per the ap- Grants Account: Department of Justice, COPS proved base master plan. This relocation of Legal Name of Requesting Entity: City of Methamphetamine Enforcement the main entrance will establish the basic in- Calimesa Description of Request: The funding pro- Legal Name of Requesting Entity: County of frastructure to develop this additional area and vided would be used by the city to manage Ventura provide the proper set back/stand-off dis- storm flows that currently flow in natural chan- Address of Requesting Entity: 800 So. Vic- tances from the base perimeter. nels that degrade water quality and disrupt toria Avenue, Ventura, CA 93009 Description of Matching Funds: traffic endangering individuals and property. Description of Request: This request of State of Illinois—$3.3 Million The City in conjunction with Riverside County $350,000 is for the purpose of providing funds f for two California multi-jurisdictional Meth- will improve the channel and form what will be amphetamine investigators. The Ventura EARMARK DECLARATION the backbone for a citywide drain system. County Combined Agency Task Force is a col- Amount: $500,000. laborative effort with city, county, state and HON. JERRY LEWIS f federal law enforcement agencies working to- OF CALIFORNIA EARMARK DECLARATION ward the disruption, dismantlement, apprehen- IN THE HOUSE OF REPRESENTATIVES sion, and arrest of narcotic offenders and drug trafficking organizations. Funding would be Tuesday, June 23, 2009 HON. TIM MURPHY OF PENNSYLVANIA used for two Senior Deputy investigators that Mr. LEWIS of California. Madam Speaker, IN THE HOUSE OF REPRESENTATIVES will be utilized to specifically target mid- to pursuant to Republican earmark guidance, I large-scale methamphetamine dealers and am submitting the following: in regards to the Tuesday, June 23, 2009 manufacturers and will assist in funding vehi- Department of the Interior, Environment, and Mr. TIM MURPHY of Pennsylvania. Madam cle costs and miscellaneous safety equipment Related Agencies Appropriations Act, 2010. Speaker, pursuant to the Republican Leader- for these two positions. These investigators Requesting Member: Congressman JERRY ship standards on earmarks, I am submitting will be assigned to the Special Services Divi- LEWIS. the following information regarding earmarks I sion, Special Investigations Unit. Project Name: Joshua Tree National Park received as part of H.R. 2647, The National Requesting Member: Rep. ELTON GALLEGLY Visitor’s Center Defense Authorization Act of Fiscal Year Bill: H.R. 2847—the Commerce, Justice, Account: National Park Service, Construc- 2010: Science and Related Agencies Appropriations tion Requesting Member: Congressman TIM Act, 2010 Legal Name of Requesting Entity: City of MURPHY (PA–18) Account: Department of Justice, OJP— Twentynine Palms Bill Number: H.R. 2647, The National De- Byrne Discretionary Grants Address of Requesting Entity: 6136 Adobe fense Authorization Act of Fiscal Year 2010 Legal Name of Requesting Entity: County of Road, Twentynine Palms, California 92277 Account: RDA Ventura Description of Request: The Joshua Tree Legal Name of Requesting Entity: PPG In- Address of Requesting Entity: 800 So. Vic- National Park Visitors Center annually hosts dustries toria Avenue, Ventura, CA 93009 nearly one and a half million visitors in a Address of Requesting Entity: 4325 Description of Request: This request of cramped, obsolete facility where it is impos- Rosanna Drive; Allison Park, PA 15101 $318,000 is to provide federal support for two sible to display the cultural history of the area, Description of Request: Nanotechnology for forensic scientists for the County of Ventura provide needed community and informational Potable Water and Waste Treatment—PPG Sheriff’s Gang Unit. The Sheriff’s Gang Unit is services, or even provide appropriate informa- Industries proposes to use its nanotechnology responsible for the apprehension of gang tion to visitors to the Park. These funds would for water filtration technologies. One such members, the disruption and dismantlement of allow for an improvement and expansion of technology applicable to water filtration is gangs, and the investigation and prevention of the Center to provide the space to display the nano-fiber mats which may be produced in gang-related crimes. This addition to the Ven- fabled Campbell Collection of Native American high volumes through an electromechanical tura County Sheriff’s Gang Unit will enhance artifacts, as well as a wide array of other ob- spinning technique developed by PPG. These the regional aspect of the Gang Unit by add- jects of interest to both the visiting public and nano-fiber mats can be functionalized to se- ing much-needed forensic scientists dedicated to researchers. quester water contaminants quickly and effi- to analyzing evidence from gang-related Amount: $300,000 ciently. Additionally, fiberglass can be modified crimes throughout the County of Ventura. The Requesting Member: Congressman JERRY with nano-materials and then films to mitigate geographic area of Ventura County encom- LEWIS. waterborne contaminants. The program will passes several local law enforcement jurisdic- Project Name: Big Bear Department of address both conventional water treatment tions. The bill provides $80,000 in funding for Water and Power for Big Bear Lake Water and water security needs in a military field en- this request. System Infrastructure Improvements vironment and the public sector.

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 15965 Amount: $2,000,000 national audience that understood and em- risk for prostate cancer to begin screening at Budget Breakdown: 80 percent of the fund- braced the language her body spoke. age 40 or 45. Many Black men are at the ing will be used for Research and Develop- f highest risk of prostate cancer—it tends to ment and 20 percent for procuring materials start at younger ages and grows faster than in and testing. INTRODUCTION OF THE PROSTATE men of other races. Currently, Medicare pro- CANCER MEDICAID COVERAGE f vides coverage for an annual PSA test for all ACT OF 2009 men age 50 and older, but many still do not HONORING THE LIFE AND ACCOM- fall within existing requirements to receive PLISHMENTS OF KATHERINE HON. ELEANOR HOLMES NORTON Medicaid. DUNHAM ON THIS, HER CENTEN- OF THE DISTRICT OF COLUMBIA This bill is especially necessary in today’s NIAL BIRTHDAY IN THE HOUSE OF REPRESENTATIVES tough economic climate where more and more Tuesday, June 23, 2009 men are becoming unemployed and falling HON. CHARLES B. RANGEL below the poverty line. We cannot expect OF NEW YORK Ms. NORTON. Madam Speaker, today I in- them to get screened for a disease that they IN THE HOUSE OF REPRESENTATIVES troduce a bill to allow treatment using Med- cannot afford to treat. We must act on the les- icaid funds for men who are diagnosed with Tuesday, June 23, 2009 son we learned from the 1999 passage of the prostate cancer. This bill mirrors the measure Breast and Cervical Cancer Mortality Preven- Mr. RANGEL. Madam Speaker, I rise today that Congress enacted in 1999 to help low-in- tion Act and fund treatment for this cancer. to praise the glorious accomplishments of a come women who would otherwise not qualify I urge my colleagues to join me in estab- true American heroine, Katherine Mary for Medicaid, despite being diagnosed with lishing this program guaranteeing treatment for Dunham, who made a place for herself and breast cancer or cervical cancer. Congress men diagnosed with prostate cancer. It will others at a racially turbulent and unwelcoming found that women responded in large numbers meet an immediate and pressing need in com- time in American history. Katherine Mary to efforts by government and others to encour- munities across the country, and across racial Dunham graced the earth with her superior in- age early diagnosis using mammography after and class lines. tellect, artistic poise, and philanthropic heart in the Breast and Cervical Cancer Mortality Pre- I urge all of my colleagues to support this a lifelong initiative to make better the lives of vention Act was enacted in 1990. However, in bill. African-Americans in a time ill-intended to suit 1999 Congress recognized that, because the f such ambition by a Black woman. A mani- screening did not provide coverage of treat- festation of the American dream at a time ment for women above the poverty level, the IN HONOR OF EDUARDO SOSA when life was often nightmarish for Blacks in screening legislation had the tragic but unin- SILVA America, Katherine Dunham began crafting a tended consequence of informing these life of superior skill and ability at an early age. women of a serious disease that demanded HON. SAM FARR A published poet by the age of 12, Dunham immediate treatment but leaving them without OF CALIFORNIA would pursue writing, the Humanities, and ar- the means to seek that treatment. Later, Con- IN THE HOUSE OF REPRESENTATIVES tistry until the age of 96 when she passed. As gress amended Title XIX of the Social Security Tuesday, June 23, 2009 a student at the prestigious University of Chi- Act to provide medical assistance for the Mr. FARR. Madam Speaker, I rise today to cago, Dunham studied rigorously as a pioneer women screened and found to have breast or honor a man who dedicated his life to serving in ethnic choreography, which led her to cre- cervical cancer under a federally funded our nation during Operation Enduring Free- ate the discipline of dance anthropology. As screening program. dom. Eduardo Silva of Greenfield, California she progressed, Dunham became known for In today’s bill, I have endeavored to provide served our country as Specialist in the United her tenacity, bringing to the predominantly Eu- the same relief for men. This bill allows men, States Army and was a devoted husband and ropean dance stage African and Caribbean earning up to 250% of the poverty level, who a proud son. Specialist Silva died in Iraq ear- dance forms in an ethnic and sensual way. are diagnosed with prostate cancer through a lier this month. Les Ballet Negre, the first black ballet com- federal screening program for prostate cancer, Eduardo enlisted in the Army in August pany in the United States, came to be known to qualify for treatment using Medicaid funds. 2006 and was deployed to Bagram Air Base, as the Katherine Dunham Dance Company, The program would target men who are low- Afghanistan in July 2008 where he was a food through which dancers toured more than 60 income, uninsured or underinsured who, nev- service specialist. He was assigned to the countries on 6 continents between the 1940s ertheless, do not qualify for Medicaid. 563rd Aviation Support Battalion, 159th Com- and 1960s. Beyond her own personal creative Prostate cancer outranks breast cancer as bat Aviation Brigade, 101st Airborne Division, achievements, Katherine Dunham won un- the second most common occurring cancer in U.S. Army, Fort Campbell, Kentucky. precedented recognition and became the first the U.S. and the second leading cause of can- Eduardo’s life inspired the lives of others. woman of color to hold the most prestigious cer-related deaths. However, diagnosing this He was a proud resident of Greenfield where positions in dance. Dunham was a dancer, cancer is often less expensive, and unlike he graduated as Valedictorian from Vista choreographer, and director on Broadway, and breast cancer, often does not require imme- Verde Middle School and excelled at Green- the first Black choreographer at the Metropoli- diate treatment. Prostate cancer treatment field High School. At an early age, he learned tan Opera. does not require invasive surgery in many in- to appreciate the arts as a student of music. In addition to her artistic achievements, stances. Many prostate cases can be diag- As a result, for his actions both at home and Katherine Dunham was an activist with an ap- nosed with a simple Prostate-Specific Antigen abroad, there is no measure of devotion we as petite for the attainment of social justice. In (PSA) test unlike the more costly high tech- a community can dedicate to Eduardo. This 1967, Katherine Dunham established the Per- nology mammography machines used to de- soldier, husband, and son shall be remem- forming Arts Training Center in East St. Louis, tect breast cancer. Many men are advised to bered for his caring, altruistic life. Illinois, followed by the Katherine Dunham wait and watch for the development of the dis- Held closest to Eduardo’s heart is the love Centers for Arts and Humanities in 1969, and ease before seeking treatment. and support of his wife and partner, the Katherine Dunham Museum and Chil- However the rate of cancer deaths coupled Rosalinda, and his family. The memories the dren’s Workshop in 1977. Each of these with available treatment is strong evidence family has shared of Eduardo depict an honor- thoughtful, community-center initiatives that many lives could be saved at considerable, caring, selfless man who gave without brought artistic opportunity to less fortunate ably less expense if early detection and treat- hesitation. It is evident the Silva family is Black children. ment were more available. Although race is a proud of the example Eduardo left on his com- The recipient of 10 honorary doctorates, this factor, every man over the age of 50 is at risk munity. famed artist, activist, teacher, and dancer de- of developing prostate cancer and should be Madam Speaker, on behalf of the House of fied historical limitations through her accom- screened. Veterans that have been exposed Representatives, I would like to extend our na- plishments in academia and the arts. A con- to Agent Orange also have a higher risk of de- tion’s deepest gratitude for Specialist Eduardo versationalist in Creole, French, Spanish, and veloping prostate cancer. Many doctors rec- Silva’s service to the United States of America Swahili, her dance techniques also spoke a ommend yearly screening for men over age and for his many accomplishments as a hus- language that propelled her into an inter- 50, and some advise men who are at a higher band and son.

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PERSONAL EXPLANATION Requesting Member: Congressman BILL rough terrain, self-deployable in rough terrain, SHUSTER (PA–9) manually operated forklift capable of operating HON. MIKE THOMPSON Bill Number: H.R. 2647—The National De- efficiently in nuclear, biological and chemical OF CALIFORNIA fense Authorization Act, Fiscal Year 2010 environments. The MMV is capable of unload- IN THE HOUSE OF REPRESENTATIVES FY 2010 National Defense Authorization Act ing containers located on the ground as well Tuesday, June 23, 2009 Projects as on trailers. It is fully air transportable in C– Project Name: Engine Installation & Re- 130, C–17 and C–5A aircraft, fordable, and Mr. THOMPSON of California. Madam moval Vehicle (EIRV) operable in all weather and night conditions. Speaker, on June 19, 2009, I was unavoidably Account: APN, Line 58 This project is a valuable use of taxpayer unable to cast my vote for rollcall 418. Had I Legal Name of Requesting Entity: JLG In- funds because the Marine Corps requires been present, I would have voted ‘‘aye.’’ dustries funding to procure additional MMV units to f Address of Requesting Entity: 1 JLG Drive, meet current operational requirements. CELEBRATING THE UNITED McConnellsburg, PA 17233 Project Name: Hardmetal Epidemiology In- STATES COAST GUARD ANXILIARY Description of Request/Justification of Fed- vestigation eral Funding: $3,400,000 for Engine Installa- Account: RDA, PE # 0602105A, Line 5 HON. SCOTT GARRETT tion & Removal Vehicle (EIRV) Legal Name of Requesting Entity: University It is my understanding that funding will be of Pittsburgh, Department of Biostatistics OF NEW JERSEY used by the United States Navy to procure ad- Address of Requesting Entity: A410 IN THE HOUSE OF REPRESENTATIVES ditional EIRVs to meet current operational re- Crabtree Hall, Pittsburgh, PA 15650 Tuesday, June 23, 2009 quirements. Description of Request/Justification of Fed- Mr. GARRETT of New Jersey. Madam The purpose of the Engine Installation & eral Funding: $7,000,000 for Hardmetal Epide- Speaker, 70 years ago today, in this very Removal Vehicle (EIRV) program is to satisfy miology Investigation room, Congress passed legislation creating the operational need of the U.S. Navy and It is my understanding that funding for this what is now known as the United States Coast Marine Corps by providing a commercial off project will provide for an epidemiological Guard Auxiliary. With volunteer members the shelf (COTS), mobile, Engine/Propeller In- study to determine the potential health impacts spread across the 50 states, the Coast Guard stallation and Removal System, with the capa- from workplace exposures to hardmetal pow- Auxiliary has played an important role in sup- bility of safely installing and removing the T56 ders. ‘‘Hardmetal’’ refers to metal composites, porting the mission of the United States Coast engine and/or T56 propeller on and from P–3, notably tungsten carbide with a cobalt binder, Guard and promoting safe practices within the C–2, E–2 and C–130 aircraft. known for their durability and wear resistance. American boating community. Installation and removal of the T56 engine In 2003–2004, three governmental and sci- From its inception, the Coast Guard Auxil- and propeller onto the respective aircraft re- entific bodies designated hardmetal (i.e. tung- iary has been a leader in boating safety and quires relatively fine lateral and horizontal ad- sten carbide/cobalt) as a possible carcinogen instruction. In addition to educational pro- justments in order to be executed properly. To to humans. A critical review by an inde- grams, the Auxiliary regularly holds boating accomplish this, the Navy is requiring a com- pendent toxicological consultant identified sig- safety classes and performs vessel safety mercially available, mobile, Engine/Propeller nificant weaknesses in the study (i.e. small checks. Since September 11, the Auxiliary has Installation and Removal System for procure- study size, lack of reliable exposure informa- also been very involved in securing our ports ment. tion and the inability to control for potential from foreign threats. The Navy is currently removing and replac- confounding by cigarette smoking, etc.). The Every day, the Coast Guard Auxiliary saves ing aircraft engines with an unsafe combina- study also involved no input by industry or its one life, assists 28 people, and participates in tion of manual tri-pod hoists, scaffolding, and consultants. Tungsten touches almost every more than 100 Coast Guard missions. This is industrial forklifts. The EIRV was chosen to re- product that is produced in modern manufac- in addition to the countless lives saved by duce damage to equipment, injuries to work- turing, as it is a common component in manu- their proactive efforts to prevent boating acci- ers and increase efficiencies. facturing equipment and materials—including dents and thwart terrorist attacks. This project is a valuable use of taxpayer munitions, military vehicles and other equip- My district, the Fifth District of New Jersey, funds because procurement of the system will ment. Hardmetal is used extensively in tooling is part of one of the largest Coast Guard Aux- decrease damage to the engine/prop and the to manufacture and maintain ordnance, mis- iliary regions—Division 10, First Southern Re- airframe, thereby decreasing downtime and in- siles, automotive and aviation equipment, and gion. This division has been awarded the creasing operational readiness. to produce rifle bullets, vehicle armor, kinetic ‘‘Coast Guard Meritorious Team Commenda- Project Name: Millennia Military Vehicle/Ex- energy penetrators, missile warheads, and tion’’ for being the most active Auxiliary Divi- tendable Boom Fork Lift (MMV/EBFL) many other critical battlefield systems. sion in the nation. In 2008, Division 10 was re- Account: PMC, Line 50 This project is a valuable use of taxpayer sponsible for 81,000 volunteer hours, 1,379 air Legal Name of Requesting Entity: JLG In- funds because a more accurate and reliable and surface missions, 313 search and rescue dustries study is necessary before classified carcino- missions, and more than 2,500 hours of edu- Address of Requesting Entity: 1 JLG Drive, gens, like hardmetal, will be ‘‘deselected and cational programs. The several flotillas that McConnellsburg, PA 17233 phased out’’ of manufacturing, slowing the make up this division comprise 360 members Description of Request/Justification of Fed- manufacturing process and making it harder, if from all walks of life, all of whom should be eral Funding: $30,000,000 for Millennia Mili- not impossible, to deliver needed products to proud of their exceptional service. tary Vehicle/Extendable Boom Fork Lift (MMV/ the battlefields for U.S. soldiers. On this 70th anniversary, I commend the EBFL) Project Name: Defense Support for Civil Au- 34,000 men and women of the U.S. Coast It is my understanding that funding will be thorities (DSCA) for Key Resource Protec- Guard Auxiliary on their service, and recog- used by the United States Marine Corps to tion—South Central, PA nize the important role they play in securing procure additional MMV units to meet current Account: RDA, PE # 0602624A, Line 17 our coastline and promoting responsible boat- operational requirements. Legal Name of Requesting Entity: L. Robert ing conduct. The Marine Corps has a requirement for an Kimball & Associates f additional Millennia Military Vehicles/Expand- Address of Requesting Entity: 615 West EARMARK DECLARATION able Boom Fork Lift (MMV/EBFL). The Marine Highland Avenue, Ebensburg, PA 15931 Corps does not plan to update its current tele- Description of Request/Justification of Fed- HON. BILL SHUSTER handler fleet until 2011, thus producing an un- eral Funding: $3,000,000 for Defense Support funded requirement for the Marine Corps. The for Civil Authorities (DSCA) for Key Resource OF PENNSYLVANIA MMV program is a four year procurement ef- Protection—South Central, PA IN THE HOUSE OF REPRESENTATIVES fort by the U.S. Marine Corps to procure It is my understanding that the Defense Tuesday, June 23, 2009 reconfigured MMV’s to fulfill their advanced Support for Civil Authorities (DSCA) for Key Mr. SHUSTER. Madam Speaker, consistent lifting requirements in handling material con- Resource Protection—South Central, PA with the Republican Leadership’s policy on tainers in rapid deployment construction and project is part of efforts led by U.S. Army earmarks, I submit the following: reconstruction. The MMV is an 11,000 pound ARDEC at Picatinny, New Jersey combing

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The National Infrastructure Protection Plan Legal Name of Requesting Entity: Szanca Benefits to our warfighting capability would (NIPP) mandates a coordinated approach to Solutions, Inc. be: Critical Infrastructure and Key Resources Address of Requesting Entity: 100 East Pitt Mission readiness: Improve the readiness of (CIKR) protection roles and responsibilities for Street, Bedford, PA 15522 rapidly deployed aircraft; Description of Request/Justification of Fed- federal, state, local, tribal, and private sector Cost Avoidance: Minimize the cost and eral Funding: security partners. The ability to sense, detect complexity of the aircraft logistics footprint; $2,500,000 for AFATDS Voice Recognition and respond to threats to CIKR will require re- and gional communication and information sharing and Cross Platform Speech Interface System Innovation: Allow for accelerated innovation capabilities. The fundamental geospatial data It is my understanding that funding for this to aircraft and subsystems, continuously im- needed to manage CIKR risk and establish project would provide voice activation to leg- proving their operational performance and sur- the framework for assessing consequences, acy command and control systems to improve vivability. vulnerability, and threat information is avail- the ease of use, accuracy, and timeliness of able in jurisdictions across the country. Not the systems. The project will continue the Additional benefits would include composite available, however, are Enterprise Geographic work done to bring speech controlled oper- data that can be used to formalize and dis- Information Systems (EGIS) that span political ations and in addition provide a cross-platform tribute Interactive Electric Technical Manuals jurisdictions, regions or states and can solution that can be integrated to a wide vari- (IETM) and dynamic work cards for mainte- produce the comprehensive, systematic, and ety of military systems. Doing so will dramati- nance planning and instructions. rational assessment of national or sector risk. cally increase the functionality and useful life South Central Pennsylvania houses a major of legacy systems while decreasing training f costs and increasing operational speed. freight transportation hub (CSX railway) and EARMARK DECLARATION Army depot (Letterkenny) within miles of each This project is a valuable use of taxpayer other. This proposal will establish EGIS in funds because many of the Army’s current South Central PA to advance NIPP objectives. command and control systems require a se- HON. HENRY E. BROWN, JR. Response-specific intelligence will provide ries of complicated keyboard entries to oper- OF SOUTH CAROLINA ate, making the systems slower to operate emergency responders and homeland defense IN THE HOUSE OF REPRESENTATIVES personnel with essential situational awareness and prone to errors in stressful environments. information required to protect critical infra- This can result in delays providing com- Tuesday, June 23, 2009 manders with critical information and in exe- structure. Mr. BROWN of South Carolina. Madam cuting mission critical fire missions. This pro- This project is a valuable use of taxpayer Speaker, I submit the following: funds because it meets a critical Army need to gram will focus on solutions to those issues, Requesting Member: HENRY E. BROWN, Jr. improve Homeland Defense and Civil Support allow quicker access to tactical information, missions while also providing enhanced capa- and increase the speed in which targets can Bill Number: H.R. 2847, Commerce, Justice, bilities to local constituencies in the commu- be fired. Science, and Related Agencies Appropriations nications and networking side of emergency Project Name: ALC Logistics Integration En- Act, 2010 response. Specifically, the program represents vironment Account: COPS—Technology Assistance the actual full deployment of a critical network Account: RDAF, PE #0708611F, Line 233 Legal Name of Requesting Entity: Sumter that will allow local Emergency Management Legal Name of Requesting Entity: IS2 Tech- County Sheriff (on behalf of 15 SC counties, personnel and first responders to commu- nologies, Inc. including Charleston, Georgetown, Berkeley & nicate as well as provide for a tie in to the Address of Requesting Entity: 3018 Pleas- Dorchester) Army’s Emergency Operations Center at ant Valley Blvd., Altoona, PA 16602 Address of Requesting Entity: 107 East Picatinny Arsenal. Description of Request/Justification of Fed- Hampton Avenue, Sumter, SC 29150 Project Name: Cadmium Emissions Reduc- eral Funding: Description of Project: $1 million to provide tion—Letterkenny Army Depot $2,000,000 for ALC Logistics Integration En- 15 South Carolina counties (including Charles- Account: RDA, PE # 0603779A, Line 64 vironment ton, Georgetown, Berkeley and Dorchester Legal Name of Requesting Entity: Mountain It is my understanding that this project will counties) with detailed imaging to assist with Research, LLC develop a Logistics Integration Environment emergency response, planning, and other ac- Address of Requesting Entity: 825 25th using COTS software that facilitates pulling to- tivities to enhance public safety and officer Street, Altoona, PA 16601 gether teams of people to optimize battlefield safety. Program will also supplement existing Description of Request/Justification of Fed- readiness and improve the availability of air- GIS technologies to assist with planning, envi- eral Funding: craft and associated subsystems. ronmental protection, and other public serv- $1,000,000 for Cadmium Emissions Reduc- This project is a valuable use of taxpayer ices. tion—Letterkenny Army Depot funds because the Air Force Logistics Centers Requesting Member: HENRY E. BROWN, Jr. This project is a valuable use of taxpayer lack an integrated data environment for serv- funds because this work will help Letterkenny ice, repair, and overall logistics. Development Bill Number: H.R. 2847, Commerce, Justice, Army Depot conduct environmental manage- and deployment of the Logistics Information Science, and Related Agencies Appropriations ment activities in an environmentally and fis- Environment would: Act, 2010 cally sound, sustainable manner. Develop and implement a collaborative lo- Account: Office of Justice Programs—Juve- Letterkenny’s unique mission, which in- gistics management solution that would pro- nile Justice cludes manufacturing, depot level mainte- vide a single source of data for the maintain- Legal Name of Requesting Entity: Youth Ad- nance, and demilitarization, presents signifi- ers, supply and battlefield environments; vocate Programs cant challenges to maintaining operations Provide optimized predictive logistics mod- Address of Requesting Entity: 3422 Rivers while achieving aggressive sustainability tar- eling for critical supportability factors such as Avenue, 2nd Floor, North Charleston, SC gets and goals. Specifically, this project will spare parts, maintenance schedules, and sur- 29405 Description of Project: $250,000 to assist in addressing federal and state regu- vivability under fire; build upon existing Youth Advocate Programs latory issues associated with the reduction of Capture aircraft performance information in Charleston and Myrtle Beach that develop cadmium levels in waste water affluent out- that may be used to drive further improve- community-based alternative for high-risk kids flows. This technology implementation will also ments in survivability; that are referred to the program by local serve as a demonstration site to facilitate hori- Allow for real-time collaboration across the courts; program currently has an 82% success zontal technology transfer to surrounding R&D, acquisition, logistics, and warfighter rate in South Carolina, reducing costs borne Pennsylvania military installations, other Army communities; and by taxpayers for incarceration and other puni- depots, and installations across the Depart- Reduce costs by reducing the time required tive measures. Project also sees support from ment of Defense. to research and collect the engineering and lo- local government and private sector.

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15968 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 EARMARK DECLARATION rest of their lives. The object of Camp Odayin, Hall building so that it may serve as the City’s which means ‘‘heart’’ in Ojibway, is to connect Emergency Operations Center (EOC). The HON. VERN BUCHANAN kids with heart transplants, congenital defects, funding would help purchase and install Spe- OF FLORIDA artificial valves, abnormal heart rhythms and cial Concentrically Braced Frames, incor- IN THE HOUSE OF REPRESENTATIVES many other conditions with one another. porating lessons learned from the Northridge Sara shares a very personal connection with earthquake of 1994, during which the City of Tuesday, June 23, 2009 the Odayin campers. As a teenager, she Santa Clarita’s City Hall building, which serves Mr. BUCHANAN. Madam Speaker, pursuant learned that she had a heart condition that as the Santa Clarita Valley’s Emergency Oper- to the Republican Leadership standards on sometimes caused her heart to beat wildly and ations Center (EOC), sustained extensive earmarks, I am submitting the following infor- later received a Medtronic defibrillator to con- damage. These enhancements will allow mation regarding earmarks I received as part trol the condition. After volunteering at a camp Santa Clarita’s City Hall to serve as the City’s of H.R. 2892, the Homeland Security Appro- for children with heart disease in California primary EOC in the event of a significant seis- priations Act, 2010: and with some prodding from her mother, mic event. Requesting Member: Congressman VERN Sara began exploring options for a camp in f BUCHANAN Minnesota. Bill Number: H.R. 2892 Camp Odayin held its first session in 2001 HONORING THE SERVICE OF Account: FEMA—State and Local Programs with 53 campers. Now in their eighth summer, JAMES E. MITCHELL Legal Name of Requesting Entity: Sarasota they have expanded to three sessions and are County expecting 240 campers. The camp sessions HON. FRANK R. WOLF Address of Requesting Entity: 1660 Ringling are available for ages 8 to 17 and are as nor- OF VIRGINIA Blvd., Sarasota (FL) 34236 mal as any summer camp with swimming, IN THE HOUSE OF REPRESENTATIVES archery, horseback riding, canoeing, crafts Description of Request: I secured $300,000 Tuesday, June 23, 2009 for the Emergency Operations Center in Sara- and of course, general fun. The advantage is sota County. that medical professionals and health special- Mr. WOLF. Madam Speaker, I rise today to The funding would be used to help relocate ists make up many of the volunteer staff allow- honor the service to the community of Mr. and construct a new Sarasota County Emer- ing children needing extra attention and care James E. Mitchell, as he assumes the presi- gency Operation Center. to participate in activities they would otherwise dency of the Winchester, Virginia, chapter of Requesting Member: Congressman VERN sit out on at other camps. Nurses attend every the Lions Club. BUCHANAN activity, regularly monitor medications and Mr. Mitchell is a retired school teacher who Bill Number: H.R. 2892 staff an infirmary that is similar to a hospital has dedicated his career to public service. As Account: FEMA—Pre-disaster Mitigation intensive care unit. This level of medical care the first African American president of the Legal Name of Requesting Entity: City of is not available at any other camp in the Mid- Winchester Lions Club, he will work with local Venice west. agencies and residents to provide services to Address of Requesting Entity: 401 West I had the privilege of learning about Camp those with sight and hearing impairments as Venice Avenue, Venice (FL) 34285 Odayin from one of the many children blessed well as providing scholarships to local high Description of Request: I secured $200,000 with this opportunity. This young girl was just school students. for improvements to the Emergency Shelter in thrilled to have been to a camp where many In his 35 years as an educator, Mr. Mitchell the City of Venice. of the kids were dealing with the same prob- also served his community as an active mem- The funding would be used for the installa- lems she had. It is obvious the joy that Sara ber of the Lions Club. He has held numerous tion of a modernized energy generation sys- has brought to hundreds of children and I rise leadership positions in his 20 years as a mem- tem that would provide power during storm today to honor and applaud her work empow- ber of the organization. Mr. Mitchell is also a events that would allow this facility to appro- ering the children that are the future of Amer- Melvin Jones Fellow, a highly honored human- priately serve as a hurricane shelter, and also ica, regardless of their health, status or ability. itarian award in the Lions Club given only to be designated as a special needs shelter. f those who demonstrate a strong record of f community service. He has also participated in EARMARK DECLARATION numerous ‘‘White Cane’’ events to aid the vis- HONORING SARA MESLOW AND ually impaired. CAMP ODAYIN IN STILLWATER HON. HOWARD P. ‘‘BUCK’’ McKEON Mr. Mitchell is a valued member of not only AND CROSSLAKE MINNESOTA OF CALIFORNIA the Lions Club, but the entire Winchester com- IN THE HOUSE OF REPRESENTATIVES munity which he has served for close to four decades. It is my pleasure to recognize him HON. MICHELE BACHMANN Tuesday, June 23, 2009 OF MINNESOTA today. IN THE HOUSE OF REPRESENTATIVES Mr. MCKEON. Madam Speaker, pursuant to f the Republican Leadership standards on ear- Tuesday, June 23, 2009 marks, I am submitting the following informa- A TRIBUTE TO KEVIN SHAFER Mrs. BACHMANN. Madam Speaker, I rise tion regarding Member priority requests I re- today to honor Sara Meslow, founder and di- ceived as part of H.R. 2892, the ‘‘Department HON. GWEN MOORE rector of Camp Odayin, headquartered in Still- of Homeland Security Appropriations Act, OF WISCONSIN water, Minnesota. With facilities in Crosslake, 2010.’’ IN THE HOUSE OF REPRESENTATIVES Minnesota, Camp Odayin is the only camp in Requesting Member: Congressman HOW- Tuesday, June 23, 2009 the Midwest for children with heart disease. ARD P. ‘‘BUCK’’ MCKEON This amazing opportunity is made available for Bill Number: H.R. 2892, the ‘‘Department of Ms. MOORE of Wisconsin. Madam Speak- just $25 because of generous donations from Homeland Security Appropriations Act, 2010’’ er, I rise today to congratulate Mr. Kevin individuals, local organizations and medical Account: Predisaster Mitigation Shafer, Executive Director of the Milwaukee groups. Sara says, ‘‘We wanted something as- Legal Name of Requesting Entity: City of Metropolitan Sewerage District (MMSD), on sociated with children’s heart disease that Santa Clarita, CA being named the new President of the Na- doesn’t have dollar signs after it.’’ I would like Address of Requesting Entity: 23920 Valen- tional Association of Clean Water Agencies, to honor Sara and the team at Camp Odayin cia Boulevard, Suite 300, Santa Clarita, CA NACWA. MMSD provides sewage treatment in front of this Congress that we all may be 91355 services and maintains watercourses for 28 amazed at the opportunities she provides our Description of Request: I requested and re- municipalities, including nearly all of Mil- children. ceived a Member priority request totaling waukee County and portions of four sur- Young heart patients from 17 states, Can- $500,000 for seismic retrofits to the City of rounding counties, serving a population of ada and Germany have been to Camp Odayin Santa Clarita, CA’s Emergency Operations about 1 million. and many leave feeling completely different Center. This project would assist the City of Mr. Shafer joined MMSD in 1988, as the Di- about the disease that will impact them the Santa Clarita with seismic upgrades to its City rector of Technical Services and four years

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 15969 later became MMSD’s Executive Director. Be- remained until 1971. She then spent a decade Nanticoke, a satellite at Mercy Scranton was fore joining MMSD, Mr. Shafer spent six years as a reporter for the Hartford Courant before developed. with the U.S. Army Corps of Engineers and returning to municipal government in the town This year both sites will explore or undergo nine years with a private engineering firm of Mansfield. major renovations and changes to meet pa- serving as area manager of the Milwaukee of- In 1985, she assumed the role of First Se- tient, physician and staff needs. That will in- fice. lectman in her beloved Columbia, a position clude things such as increased beds, room Mr. Shafer has formulated numerous inno- she would hold for 18 years. It was in that role upgrades, new outpatient renovation and vative MMSD programs including the Sweet- as First Selectman, that she flourished as both areas of new growth such as the Area Agency water Trust, a broad stakeholder group to en- a leader and public servant. Always Colum- on Aging Nanticoke Senior Center on campus list regional cooperation to protect the water- bia’s strongest advocate, Adella was tireless in that will be visited daily by older adults. sheds of the five-county Milwaukee metropoli- her efforts to improve the lives of her fellow Mercy Special Care Hospital also holds the tan area through both structural and non-struc- citizens and the town she loved. Perhaps the distinction of having the first wound care and tural means. Further, under his direction, greatest testament to her public service was hyperbaric unit in Luzerne County, a service MMSD has invested in permanently protecting the fact that she passed after collapsing while that continues to grow in response to commu- waterways from flooding and stormwater pollu- speaking to second graders at the Horace nity need. tion runoff, by providing conservation ease- Porter School in Columbia about the history of Throughout 2009 and beyond, this important ments to nearly 2,000 acres of undeveloped Columbia. facility will look toward the future but never land. This program, called Greenseams, is a Although always the dedicated public serv- lose sight of the challenges faced daily. national model for green infrastructure in water ant, it was her role as mother, grandmother pollution control. Mr. Shafer’s innovation for and eventually great-grandmother that she The Sisters of Mercy, Mercy Health Partners both the environment and the economy is ex- loved most of all. She is survived by her five and Catholic Healthcare Partners are proud hibited through a project to construct a landfill children; Richard, Andrew, Marisa, Stefan and sponsors of this great institution at this historic gas pipeline allowing MMSD to use a renew- Christian, ten grandchildren, and one great- time. able source of methane gas in its treatment grandchild. Madam Speaker, please join me in con- plant operations, while saving customers an While we will mourn her passing, hers is a gratulating Mercy Special Care Hospital. The estimated $148 million over 20 years. life that will be celebrated and honored by the invaluable services they have rendered to the Mr. Shafer is an active leader on behalf of people of Columbia and the state of Con- community for over a century have been inspi- municipal wastewater agencies at the national necticut for years to come rational to countless others who share the level, helping to formulate sound federal water f commitment to helping those in need and has resource policies and legislation. He has made vast improvement to the quality of life served on the Board of Directors of NACWA CONGRATULATING MERCY SPE- for generations. since 2003, participating on numerous commit- CIAL CARE HOSPITAL IN NAN- So important has their contribution been that tees including the Clean Water Funding TICOKE ON THE OCCASION OF they deserve the highest measure of our grati- Workgroup and the Executive Committee of ITS 100TH ANNIVERSARY tude and respect. the Board. He has appeared before Congress on behalf of NACWA. HON. PAUL E. KANJORSKI f Mr. Shafer is an exceptional leader and a OF PENNSYLVANIA EARMARK DECLARATION public steward of water resources. He has de- IN THE HOUSE OF REPRESENTATIVES voted his engineering career to the protection Tuesday, June 23, 2009 of these environmental resources for current HON. CATHY McMORRIS RODGERS and future water users. Mr. KANJORSKI. Madam Speaker, I rise Madam Speaker, I urge my colleagues of today to ask you and my esteemed colleagues OF WASHINGTON the 111th Congress to join me in congratu- in the House of Representatives to pay tribute IN THE HOUSE OF REPRESENTATIVES to Mercy Special Care Hospital in Nanticoke, lating Kevin Shafer on becoming the President Tuesday, June 23, 2009 of NACWA. Under his leadership, I have no Pennsylvania, on the occasion of a century of doubt that NACWA will continue to lead the service to the citizens of northeastern Penn- Mrs. MCMORRIS RODGERS. Madam advocacy effort for national policies to protect sylvania. Speaker, pursuant to the House Republican and preserve the Nation’s water resources for In October, 1909, responding to community standards on earmarks, I am submitting the future generations. growth due to coal mining and subsequent following information regarding earmarks I re- f mine accidents as result of that burgeoning in- ceived as part of H.R. 2647, FY2010 National dustry, Nanticoke Hospital was born. No Defense Appropriations Act. HONORING THE LIFE AND SERVICE longer would injured miners be simply dropped Requesting Member: Congresswoman OF ADELLA URBAN OF COLUM- on their porch or would their families go with- CATHY MCMORRIS RODGERS BIA, CONNECTICUT out needed medical treatment. Bill Number: H.R. 2647 Throughout those 100 years the hospital en- Account: MCAF dured two World Wars, the Great Depression, HON. JOE COURTNEY Legal Name of Requesting Entity: Fairchild OF CONNECTICUT epidemics, merger and closure threats. It also Air Force Base IN THE HOUSE OF REPRESENTATIVES saw new forms of insurance, the Medicare program for seniors and disabled as well as Address of Requesting Entity: Spokane, WA Tuesday, June 23, 2009 affordable healthcare for children and the Description of Request: The TFI Refueling Mr. COURTNEY. Madam Speaker, I rise poor. It also witnessed a time of more life sav- Vehicle Maintenance Facility is a multi-bay, today with a heavy heart to announce the ing drugs and procedures than ever before. 5,005 square foot building that will accommo- passing of a friend and true community leader This small community hospital saw horse- date Associate 92d & 141st Air Refueling from the town of Columbia, Connecticut, drawn carriages give way to motorized ambu- Wings under Total Force Integration (TFI). Adella Urban. Adella passed away on lances and oxygen tents that led to ventilators. This new facility will provide more space, clos- Wednesday, June 17, 2009. It would also respond to policy initiatives from er proximity, and indoor maintenance for those Born in Hartford, Connecticut in 1933, eighteen United States Presidents. But, most who service and repair the refueling vehicle Adella spent her childhood years in Newington importantly, Nanticoke Hospital cared for tens fleet in support of the flying mission. Right before graduating from Newington High of thousands of patients, many of them poor, now, the Fuels Management Flight of 100 per- School. After high school, Adella continued most of them uninsured. Human need was sonnel rely heavily on 15 maintenance people her education receiving numerous certificates tended by hundreds of dedicated staff and who service and repair the refueling vehicle in municipal government, which became one physicians. fleet in support of the flying mission. These of the two great loves in her life. After settling Renamed Mercy Special Care Hospital in people work in undersized, substandard, envi- in Columbia, Connecticut, Adella took a job as 1994, it was one of the first long term care ronmentally deficient facilities separated from secretary to the Selectman in town where she hospitals in Pennsylvania. From its success in each other.

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15970 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 EARMARK DECLARATION lenging and, at times, dangerous environ- Interactive Multimedia Instruction. Shadow ments, caring for the most vulnerable in times crews have specific requirements to maintain HON. GREGG HARPER of crisis. The Medal is named after the found- their proficiency and readiness, and the OF MISSISSIPPI er of professional nursing, Florence Nightin- TADSS will help fulfill their training needs. IN THE HOUSE OF REPRESENTATIVES gale, and embodies the spirit of service by Army National Guard units are being activated Tuesday, June 23, 2009 which we have all come to know the Red and deployed without any Tactical Unmanned Cross. Aerial System (TUAS) equipment or the Mr. HARPER. Madam Speaker, consistent I am proud, on the occasion of this pre- means to sustain individual Aircrew Training with House Republican Earmark Standards, I eminent award, to have the opportunity to Manual requirements and proficiency. The gap am submitting the following earmark disclo- commend the work of Diana Whaley, a great between ARNG unit activation and Shadow sure and certification information for one citizen of Rockwood, Tennessee. It is my privi- equipment fielding averages 30 months. Due project authorization request that I made and lege to honor Ms. Whaley for her work and to these differences, ARNG TUAS units re- which was included within the text of H.R. lifelong dedication, and for reminding all of us quire different TADSS than active units to at- 2647—National Defense Authorization Act for of the power each of us has to improve the tain and maintain readiness. Since the TUAS Fiscal Year 2010. lives of the afflicted and the less fortunate. units have dual use (applicability in Homeland Requesting Member: Congressman GREGG f Defense and other state missions as well as HARPER. combat), it is critical to maintain a high state Project: Advanced, Long Endurance Unat- EARMARK DECLARATION of readiness at all times. tended Ground Sensor Technologies. Bill Number: H.R. 2647 Project Amount: $8 million HON. DENNY REHBERG Account: RDT&E, Army Account: Defense-wide (DoD); RDT&E; OF MONTANA Legal Name of Requesting Entity: AEPLOG, Special Operations Intelligence Systems De- IN THE HOUSE OF REPRESENTATIVES Inc. velopment. Address of Requesting Entity: 12800 Mid- Legal Name of Requesting Entity: Mis- Tuesday, June 23, 2009 dlebrook Road Suite 108, Germantown, MD sissippi State University. Mr. REHBERG. Madam Speaker, pursuant 20874 Address of Requesting Entity: P.O. Box to the Republican Leadership standards on Description of Request: Authorized $ 7.5 6301, Mississippi State, Mississippi 39762. earmarks, I am submitting the following infor- million for research and development of the Description of Request: A significant chal- mation regarding earmarks I received as part Autonomous Sustainment Cargo Container lenge in modern military operations is the abil- of H.R. 2647—National Defense Authorization (ASCC), ‘‘Sea Truck.’’ The Sea Truck consists ity to achieve and maintain real-time battlefield Act for Fiscal Year 2010: of a propulsion module and an optional bow situational awareness. Achieving battlefield sit- Requesting Member: Rep. DENNY REHBERG module which attach directly to commercial uation awareness requires the ability to Bill Number: H.R. 2892 cargo containers, allowing the deployment of robustly and persistently monitor the move- Account: Army NG these self-propelled support units from off- ments of the adversary in near real-time Name and Address: Montana Army National shore logistics and commercial ships to the across a wide range of operational environ- Guard, 1956 Mt Majo Street, Fort Harrison, beach for sustainment operations. The Sea ments including foliage, mountainous, and –Helena, MT 59636–4789 Truck supports the Army’s need for low cost, urban terrain. This initiative is a follow-on ef- Description: An increased number of Peri- logistics support equipment with critical dis- fort to ongoing Mississippi State University Un- odic Health Assessments has led to serious tribution and sustainment capabilities. This attended Ground Sensor (UGS) research and overcrowding of waiting areas, exam rooms, project will provide actual field-test data to development in support of the U.S. Special treatment facilities and administrative areas at TRAC–LEE, allowing them to assess the de- Operations Command (USSOCOM). the Fort Harrison Troop Medical Facility in sirability of the concept without computer mod- f Helena, Montana. This overcrowding presents eling, scale modeling, water-tank testing, pro- CONGRATULATING DIANA WHALEY both a risk to patient safety and patient pri- totype design, development, and fabrication, AS A RECIPIENT OF THE FLOR- vacy as required by HIPAA. The $1.75 million and three years of development time. The ENCE NIGHTINGALE MEDAL in funding will be used to expand and ren- ASCC system also addresses other current ovate the current facility to handle the in- needs and concerns of logistics support such HON. LINCOLN DAVIS creased patient load and improve both safety as high sea state deployment, Operations OF TENNESSEE and patient privacy. Other Than Warfare, personnel and materiel IN THE HOUSE OF REPRESENTATIVES f safety, reduced fuel usage, and reduced personnel requirements. Tuesday, June 23, 2009 EARMARK DECLARATION Bill Number: H.R. 2647 Mr. DAVIS of Tennessee. Madam Speaker, Account: Other Procurement, Navy I rise today to honor Diana Whaley of Rock- HON. ROSCOE G. BARTLETT Legal Name of Requesting Entity: American wood, Tennessee, a registered nurse and OF MARYLAND Technology Corporation American Red Cross Disaster Health Services IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: 15378 Ave- Manager of the Knoxville Area Chapter. Ms. nues of Science, Suite 100, San Diego, CA Tuesday, June 23, 2009 Whaley has dedicated her life to public health, 92128 committing herself to the education of her Mr. BARTLETT. Madam Speaker, pursuant Description of Request: Authorized $5.0 mil- peers, the betterment of her patients and the to the Republican Leadership standards on lion for procurement of Long Range Acoustical protection of Americans in disaster situations. earmarks, I am submitting the following infor- Hailing Devices Anti Terrorism Force Protec- For her courage and service, the Inter- mation regarding earmarks I received as part tion Equipment for USN Assets and Facilities. national Committee of the Red Cross will of the FY10 National Defense Authorization The Long Range Acoustical Hailing Device honor Ms. Whaley this year with their pres- Act H.R. 2647. The list is as follows: (LRAD) is non-lethal, counter-personnel, long tigious Florence Nightingale Medal. This Bill Number: H.R. 2647 range hailing and warning device. LRAD’s are award is the highest international distinction Account: Other Procurement, Army capable of producing highly directional sound that a registered nurse can receive from the Legal Name of Requesting Entity: AAI Cor- beams, allowing users to project warning Red Cross. Every two years, the Red Cross poration tones and intelligible voice commands beyond recognizes just 28 nurses in the world, with Address of Requesting Entity: 124 Industry small arms engagement range. The capability just three award recipients in the United Lane, Hunt Valley, MD 21030–0126 enables U.S. forces to more effectively deter- States. Award recipients must have shown ex- Description of Request: Authorized $2.5 mil- mine the intent of a person, vessel, or vehicle, ceptional devotion to caring for the victims of lion to field Shadow TUAS Training Aids, De- at a safe distance and potentially deter them a crisis, or have shown extraordinary service vices, Simulators, and Simulations (TADSS) prior to escalating to lethal force. LRAD pro- to public health and nursing education. for Army National Guard. The TADSS consists vides a much needed capability for US Navy Recipients of this award often work as a of Shadow Crew Trainers, Launcher Part-Task security personnel to effectively determine Red Cross or Red Crescent nurse in chal- Trainers, Air Vehicle Part-Task Trainers, and hostile intentions of potential terrorist vessels.

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 15971 LRAD provides tactical leaders with the time ations; ability to monitor the health of trainees Description of Request: Authorized $7.5 mil- necessary to make measured and responsible while undergoing dangerous training exer- lion for research and development of Multiple escalation of force decisions. cises; ability to create baseline individualized Unmanned Aerial Systems (UAS) Cooperative Bill Number: H.R. 2647 profiles on war fighters and their capacity to Concentrated Observation and Engagement Account: RDT&E, Air Force withstand pain, recover from injury, and en- against a Common Ground Objective. There is Legal Name of Requesting Entity: Fairchild dure prolonged and acute stress; ability to pre- an ongoing need in DoD to increase the num- Controls– dict cancers, strokes, and heart attacks before ber of (Information, Surveillance, Reconnais- Address of Requesting Entity: 540 Highland they occur; and ability to continuously monitor sance) ISR orbits provided by Unmanned Air- Street, Frederick MD, 21701 forces for alcohol and drug use. craft. This project increases effectiveness of Description of Request: Authorized $4.2 mil- Bill Number: H.R. 2647 the current fleet of Unmanned Aerial Vehicles lion for research and development of Adapt- Account: Other Procurement, Defense-wide (UAVs) by enabling multiple UAVs and mul- able Integrated Vapor Cycle based Environ- Legal Name of Requesting Entity: MPRI tiple sensors to cooperate in the same air- mental Control and Power System. Modern Training and Technology Group space with dynamic mission execution. Proxy aircraft face increasing demand for electric Address of Requesting Entity: 7142 Colum- Aviation Systems has developed and dem- power and cooling because of advanced sen- bia Gateway Dr., Columbia, MD 21046 onstrated the power of UAS cooperative en- sors & weapons systems. Thermal challenges Description of Request: Authorized $2.5 mil- gagement capability that can reduce the man- are further exacerbated by high engine fuel ef- lion for Basic Rifle/Pistol Marksmanship for the power and increase the mission effectiveness ficiency that reduces available fuel heat sink US Army Reserve. Basic Rifle/Pistol Marks- of current UAS. The Universal Distributed and low observable requirements that limit the manship for US Army Reserve (BRPM) train- Management System (UDMS) is a demo prov- use of ram air as a heat sink. Thermal chal- ing is included in the Army Marksmanship en (TRL–6) autonomous command and control lenge will increase by an order of magnitude Training Strategy. Reserve Soldiers have the system that will enable up to twelve UAVs to for future air platforms. The proposed program current requirement to maintain an annual operate simultaneously from a single ground will address many of the above challenges level of proficiency in marksmanship in ac- station and perform complex tactical objec- using a novel adaptable vapor cycle based en- cordance with the Standards in Training Com- tives. The upgrade of existing and future US vironmental control system. mission (STRAC) and the USAR’s Small Arms Government UAVs with a Cooperative En- Bill Number: H.R. 2647 Training Strategy. The BRPM program sup- gagement capability will significantly reduce Account: RDT&E, Defense Wide ports individual marksmanship training from the manning required to operate current UAV Legal Name of Requesting Entity: General initial entry training through advanced skill lev- systems which will lower costs while increas- Dynamics Robotics Systems els. The BRPM program is versatile and un- ing mission effectiveness Address of Requesting Entity: 1231 Tech tethered allowing practice in different environ- Bill Number: H.R. 2647 Court, Westminster, MD 21157 ments and locations creating realistic training Account: RDT&E, Army Description of Request: Authorized $4.3 mil- scenarios. The BRPM program saves ammu- Legal Name of Requesting Entity: Volvo lion for research and development of the Mo- nition costs, travel time for training, is compat- Powertrain of North America bile Detection Assessment Response System ible with existing weapons of various calibers Address of Requesting Entity: 13302 Penn- Enhancements. MDARS robot autonomously (M16, M4, M249, M240 and M9) and requires sylvania Avenue, Hagerstown, MD 21742 performs random patrols, detects intruders, no modification to the weapon system. BRPM Description of Request: Authorized $3.0 mil- and determines the status of inventory, bar- simulation can be used in concert with both lion for research and development of Hybrid riers, gates and locks using Radio Frequency standard U.S. military blank ammunition as electric Heavy Truck Vehicle. The program’s Identification (RFID) technology. Onboard sen- well as BRPM specific lead free blank ammu- goal is to provide the military with a more fuel sors and real-time video allow remotely- nition. efficient, cleaner and more easily maintained housed human operators to see intruders or Bill Number: H.R. 2647 heavy truck power train. A secondary goal is suspect activity as soon as the robot encoun- Account: RDT&E, Navy to build a truck engine that can provide the ters it. There are no funds identified in the Legal Name of Requesting Entity: Northrop same electrical source as a traditional diesel FY10 budget to support MDARS enhance- Grumman generator. Combining these two capabilities in ments. DoD has identified a variety of en- Address of Requesting Entity: 1000 Wilson one engine will reduce deployed forces re- hancements that will expand the capabilities of Blvd., Suite 2300, Arlington, VA 22209 quirement for fossil fuels and reduce the need the MDARS robotic vehicle to support force Description of Request: Authorized $5.0 mil- for inefficient, noisy diesel generators. Re- protection efforts. Requested funds would de- lion for Next Generation Shipboard Integrated quested funds will be used to complete the velop additional capabilities and procure one Power: Fuel Efficiency and Advanced Capa- final development stage prior to production. vehicle for force protection that detects intrud- bility Enhancer. Existing and future surface This final year of funding will enable Mack ers, and determines the status of inventory, combatants and submarines require advanced Trucks and Volvo Power train to finish building barriers, gates and locks using Radio Fre- propulsion and power system technologies to a prototype M915 truck with hybrid power quency Identification (RFID) technology. enhance fuel economy, lower system acquisi- train, and be prepared to compete for a M915 Bill Number: H.R. 2647 tion cost, and free up volume and weight for by the Army. It will reduce the logistics foot- Account: RDT&E, Navy war fighting capability. Funding is requested to print of deployed forces by requiring less fuel Legal Name of Requesting Entity: Informa- continue the development of a power dense in theater. It will also eliminate the need for tion Control, LLC Integrated Power System (IPS) and Hybrid noisy, diesel generators that can divulge the Address of Requesting Entity: 17 S. Summit Electric Drive (HED) technologies suitable for location of friendly forces. It will also provide Ave., Suite 100, Gaithersburg, MD 20877 surface combatant and submarine propulsion, a more easily maintained powertrain. Description of Request: Authorized $2.0 mil- enhanced power generation, and power con- Bill Number: H.R. 2647 lion for research and development of the Flexi- version. Power dense electric machines and Account: RDT&E, Navy ble Medical Solutions FlexMedPatch Program. power conversion solutions enable hybrid pro- Legal Name of Requesting Entity: Zeltex This program will finalize developed micro- pulsion systems that save fuel and provide in- Inc. and nanotechnologies to save the military, creased critical power for additional payload Address of Requesting Entity: 130 Western thus taxpayers hundreds of millions of dollars capabilities. These developments allow an ad- Maryland Parkway, Hagerstown, MD 21740 in avoidable medical visits, save tens of mil- vanced IPS or HED system to be incorporated Description of Request: Authorized $2.0 millions of barrels of foreign oil, and create doz- in future and existing warships, including the lion for research and development of the Re- ens of jobs in Maryland while improving acre-started DDG51 line, DDG51 Modification, mote Fuel Assessment System. The military cess to healthcare and immediacy of lab re- Ohio Replacement, and a future CG(X). has critical operational requirements for a field sults for patients and physicians. Most impor- Bill Number: H.R. 2647 capability to rapidly assess cached and se- tantly, the medical readiness of military forces Account: RDT&E, Air Force cured fuel supplies at key distribution nodes will be greatly enhanced as a direct result of Legal Name of Requesting Entity: Proxy without extensive logistic support. Zeltex, Inc. the application of this process. This project in- Aviation proposes to develop and demonstrate a Re- creases ability to remotely triage injured war Address of Requesting Entity: 12850 mote Fuel Assessment System (RFAS) for fighters in field, sea and air theater of oper- Middlebook Road, Germantown, MD 20874 rapid fuel quality assessment. It will assess

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15972 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 representative fuel content and contamination chase and install communications and tech- represents a scalable model for engaging properties such as particulates, moisture, den- nology equipment for the Macomb County youth in active outdoor experiences that lead sity, total oxygen content, benzene, olefins, Emergency Communications Center. The EOC to a number of positive outcomes. I certify that aromatics, octane and cetane index to identify is paramount to assisting and supporting the I do not have any financial interest in this the class of fuel. Embedded wireless commu- response and recovery efforts of the local project. nication and control capability in the RFAS will community. With this funding, the EOC will be f ensure seamless operation with tactical infor- able to provide both primary and secondary mation networks (Sense and Respond Logis- communication and technology modes that will IN HONOR OF PAN ICARIAN tics). allow them to be interoperable within our EOC BROTHERHOOD OF AMERICA Bill Number: H.R. 2647 at a local, state and federal level. Account: MILCON, Army f HON. DENNIS J. KUCINICH Legal Name of Requesting Entity: Fort OF OHIO EARMARK DECLARATION Detrick Garrison Commander IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: 810 Schreider Street, Ft. Detrick, Maryland 21702–5000 HON. JOHN M. McHUGH Tuesday, June 23, 2009 Description of Request: Authorized $7.4 mil- OF NEW YORK Mr. KUCINICH. Madam Speaker, I rise lion for Community Activities Center at Fort IN THE HOUSE OF REPRESENTATIVES today in honor of the Pan Icarian Brotherhood Detrick Army Base. This project is required to of America as they come together for their support installation business operations, plan- Tuesday, June 23, 2009 106th Supreme Convention and in recognition ning, and interagency integration as well as Mr. MCHUGH. Madam Speaker, pursuant to of the significant contributions Americans of community activities to replace a rapidly dete- the House Republican standards on earmarks, Greek Heritage have made to the Greater riorating and unsafe WWII era building for the I am submitting the following information re- Cleveland Community and to our Nation. growing customer population at Fort Detrick, garding earmarks I received as part of H.R. On this 106th anniversary of the organiza- Maryland. This project will provide a modern, 2487 Commerce, Justice, Science, and Re- tion’s founding, I am honored and pleased that sustainable and safe facility that will greatly lated Agencies Appropriations Act of 2010 the Convention is being hosted by the Cleve- enhance communications and customer serv- Requesting Member: Congressman JOHN land, Ohio Chapter. As many as fifteen hun- ices by providing a facility that can support a MCHUGH dred people of Greek descent will travel from variety of demands. All potential alternatives Bill Number: H.R. 2487 across the nation for this momentous occa- were examined in the development of this Account: COPS Law Enforcement Tech- sion. We are very fortunate to live in a country project and none were found to be feasible. nology that is rich with diversity and culture including Currently, the CAC temporary building is at Legal Name of Requesting Entity: Madison a thriving Greek-American community. The the end of it’s useful life and is requiring fre- County Pan Icarian Brotherhood has passed down quent expensive stop-gap repairs in order to Address of Requesting Entity: 138 North Greek traditions and practices. Greek-Ameri- avoid condemnation by the Fire Marshall or Court Street, Wampsville, NY 13163. cans have made invaluable contributions to closure by the Installation Safety Officer. The Description: Provide an earmark of their communities throughout the United building is unsafe, energy inefficient, environ- $800,000 to Madison County for the construc- States by participating in community service, mentally unfriendly, unattractive, and incapa- tion and implementation of an interoperable social groups and sharing their history. ble of housing services and activities that are emergency communications system to help fa- Madam Speaker and colleagues, please join vital, self-fulfilling in maintaining morale, esprit, cilitate communications with area first re- me in honor of the Pan Icarian Brotherhood of and the quality of life. This new center will responders. I certify that I do not have any fi- America on the occasion of their 106th Su- spond to the increase in requirements created nancial interest in this project. preme Convention in Cleveland, Ohio and in by the National Interagency Biodefense Cam- Requesting Member: Congressman JOHN recognition of the significant contributions pus (NIBC), BRAC–95, BRAC–05, Army MCHUGH Greek-Americans have made to our country. Transformation, Wounded Warrior and Suicide Bill Number: H.R. 2487 f Prevention Programs, and the Army’s goal of Account: COPS Law Enforcement Tech- improving the quality of life for soldiers and nology HONORING THE EXTRAORDINARY their families by offering opportunities for self- Legal Name of Requesting Entity: St. Law- SERVICE OF STAN SYGITOWICZ fulfillment, social activity and leisure-time en- rence County District Attorney’s Office joyment. Address of Requesting Entity: 48 Court HON. RICK LARSEN f Street, Canton, NY 13617. OF WASHINGTON Description: Provide an earmark in the IN THE HOUSE OF REPRESENTATIVES EARMARK DECLARATION amount of $200,000 for the St. Lawrence County Drug Investigation Equipment Project. Tuesday, June 23, 2009 HON. CANDICE S. MILLER The project involves the purchase of electronic Mr. LARSEN of Washington. Madam Speak- OF MICHIGAN equipment to combat drug trafficking through er, after nearly 25 years of service on the IN THE HOUSE OF REPRESENTATIVES surveillance. The equipment would be used by Sedro-Woolley Housing Authority Board of Tuesday, June 23, 2009 St. Lawrence County Drug Task Force to in- Commissioners, Chair Stanley Sygitowicz will Mrs. MILLER of Michigan. Madam Speaker, vestigate, solve, and otherwise address drug retire June 18 from the board. pursuant to the Republican Leadership stand- trafficking. I certify that I do not have any fi- Throughout his tenure on the board, Mr. ards on earmarks, I am submitting the fol- nancial interest in this project. Sygitowicz had a particular passion for ensur- lowing information regarding earmarks I re- Requesting Member: Congressman JOHN ing that SWHA housing was updated and im- ceived as part of H.R. 2892 the Department of MCHUGH proved to the best possible standards. Over Homeland Security Appropriations Act of 2010 Bill Number: H.R. 2487 the past decade alone, the housing authority Requesting Member: Congressman CANDICE Account: Office of Justice Programs: Juve- invested more than $1.6 million in capital im- S. MILLER nile Justice provements to ensure that our low-income Bill Number: H.R. 2892 Legal Name of Requesting Entity: Northern neighbors—be they families, seniors or people Account: State and Local Programs/Emer- Forest Canoe Trail, Inc. with disabilities—live in high quality affordable gency Operations Center Address of Requesting Entity: PO Box 565, housing. Legal Name of Requesting Entity: Macomb 4403 Main St. 2nd Floor, Waitsfield, VT At Hillsview, SWHA’s 60-unit mid-rise for County Emergency Management and Commu- 05673. seniors and individuals with disabilities, Mr. nications Center Description: Provide an earmark in the Sygitowicz was regularly known to go above Address of Requesting Entity: 10 N. Main amount of $300,000 for the establishment of and beyond the duties of his board member- St. 1st Floor, Mt. Clemens, MI 48043 an innovative, replicable youth outdoors pro- ship. He always made sure he knew each Description of Request: This request, in the gram model which will serve underprivileged resident personally, and for many years, he amount of $250,000.00, would be used to pur- urban and rural 10–14 year olds. This project organized an annual holiday party for the

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 15973 building. He exemplified and fostered a spirit Dr. Bruce Grube will continue as a professor RECOGNIZING PATTI GILMORE OF of community. of Political Science for the 2010–2011 aca- HUTTO, TX For his commitment to the vulnerable resi- demic year and as a mentor and consultant to dents of Sedro-Woolley, I offer my sincere up-and-coming university presidents within the HON. JOHN R. CARTER congratulations to Mr. Sygitowicz, whose University System of Georgia. However, his OF TEXAS cheerful, easy-going manner belied a quarter time as president of Georgia Southern Univer- IN THE HOUSE OF REPRESENTATIVES century of can-do leadership and dedicated sity will not be forgotten. community service. He leaves a legacy of car- Tuesday, June 23, 2009 ing and high standards that few can match. Mr. CARTER. Madam Speaker, I would like f f to recognize Patti Gilmore with the City of EARMARK DECLARATION Hutto, Texas for her countless hours of vol- IN HONOR OF DR. BRUCE GRUBE unteerism to the Team Hutto, Adopt-a-Unit Program. HON. JACK KINGSTON The cities of Hutto and Taylor, Texas jointly OF GEORGIA HON. ROBERT J. WITTMAN– adopted the 1–4 ARB Unit out of Fort Hood, IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA Texas last year providing the deployed troops and their families with supplies, encourage- Tuesday, June 23, 2009 IN THE HOUSE OF REPRESENTATIVES Mr. KINGSTON. Madam Speaker, I rise ment and a sense of family from their neigh- today to honor and celebrate the achieve- Tuesday, June 23, 2009 boring cities in Texas District 31. Patti has ments of Dr. Bruce Grube, an educator and been instrumental in obtaining donations, or- Mr. WITTMAN. Madam Speaker, pursuant leader whose impact extends far beyond the ganizing events and providing support to the confines of any college campus. After serving to the Republican Leadership standards on deployed troops and their families. Her acts since 1999 as the 11th president of Georgia earmarks, I am submitting the following infor- are a sign of true patriotism to our great nation Southern University in Statesboro, GA, Dr. mation regarding an earmark I received as and to the men and women who serve our Grube has announced his retirement set to part of H.R. 2647, The National Defense Au- country. commence at the end of this month. thorization Act of Fiscal Year 2010. It is an honor to recognize Patti, and she Prior to his ten-year tenure at Georgia Project Name: Electromagnetic Research continues to be a true inspiration through her acts of support and dedication. Southern, Dr. Bruce Grube gained a wealth of and Engineering Facility experience serving at multiple schools across f the country. Not only was he the president of Amount: $3,660,000 EARMARK DECLARATION St. Cloud State University in St. Cloud, Min- Requested By: ROBERT J. WITTMAN (VA–01) nesota, but he was also the provost at Cali- Account: Military Construction (MCN) fornia State Polytechnic University in Pomona HON. KAY GRANGER and Colorado State University in Pueblo. In Intended Recipient of Funds: Naval Activity OF TEXAS the classroom, Dr. Grube earned the admira- South Potomac, Dahlgren, Virginia, Dahlgren, IN THE HOUSE OF REPRESENTATIVES tion and respect from colleagues and students VA 22448 Tuesday, June 23, 2009 alike, imparting his knowledge as a professor Project description and explanation of the Ms. GRANGER. Madam Speaker, pursuant of political science on countless undergradu- request: This project will provide an addition to to the House Republican standards on ear- ates. As an undergraduate himself, Dr Grube the Electromagnetic Research and Engineer- marks, I am submitting the following informa- attended the University of California in Berke- ing Facility (EMREF). This addition is required tion regarding earmarks I received as part of ley, earning a Bachelor of Arts degree. He fol- to facilitate the Directed Energy Technology H.R. 2647, The National Defense Authoriza- lowed his studies with a PhD in Government Office at Naval Surface Warfare Center, Dahl- tion Act of Fiscal Year 2010. from the University of Texas in Austin. Requesting Member: Congresswoman KAY In the larger community, Dr. Bruce Grube gren Division (NSWCDD) to meet its mission GRANGER has been a prolific public speaker at national in Directed Energy research, development of prototypes and engineering development Priority Name: UH–60 Rewiring Program— conferences and has been published in myriad Army National Guard academic journals, including The Journal of model systems and in fielding these prototypes to the warfighter. This project will pro- Authorized Amount: $5 million Politics and The American Political Science Account: Aircraft procurement—Army vide laboratories and analysis spaces for Review. He is an active member in commu- Legal Name of Requesting Entity: Inter- nity, national, and international organizations wideband RF, High Powered Microwave, Connect Wiring including Sigma Alpha Epsilon, Phi Kappa Phi, Pulsed Power and high energy laser systems Address of Requesting Entity: 5024 West Phi Beta Delta, and the Golden Key Honor engineering and development. This project Vickery Blvd, Fort Worth, TX 76107 Societies, to name a few. In addition, Dr. provides necessary access to a maritime Description of Request: The use of taxpayer Bruce Grube participates in an array of profes- boundary layer environment and therefore is funds is justified because the UH–60 rewiring sional associations including the American As- sited along the Potomac River Test Range. program is a vital recapitalization of critical sociation for Higher Education, the American This project will house 25–30 engineers and aviation assets within the Army National Association for State Colleges and Univer- scientists some of whom will be new hires. Guard. Replacing Kapton insulation used in sities, and the American Association of Univer- This project was developed because it rep- aircraft wiring harnesses during modification, sity Administrators, among others. resents the lost scope of another military con- work order and retrofit is a key component. Dr. Grube’s upcoming retirement can only struction project, P295, that was approved in After many years of use, Kapton insulation be- be described as bittersweet. During his tenure Fiscal Year 2006. Due to high bids, only about comes old and brittle and can lead to wet or as President at Georgia Southern University, 75% of the original facility could be built. This dry arcing. Arcing can lead to intermittent or enrollment increased 22.7 percent to a record project provides the remaining 25% (6,500 catastrophic failures. The only solution for this 17,764 students. Two colleges were founded SF). Funding will be used for electrical facili- potential problem is to replace the wiring har- during his term; the College of Information nesses with new wiring harnesses. Technology and the Jiann-Ping Hsu College of ties ($120,000), mechanical facilities ($110,000), paving and site improvements Priority Name: Mobile Firing Range for Public Health. Various new degree programs TXARNG ($30,000), site preparations ($110,000), demo- were initiated. For example, it is now possible Authorized Amount: $1.5 million to receive a Bachelor of Science in Informa- lition of previous buildings ($230,000), anti-ter- Account: Training Devices, Nonsystem tion Technology, a Masters of Public Health, a rorism/force protection measures ($180,000), Legal Name of Requesting Entity: Texas Doctorate in Psychology, or partake in the information systems ($60,000), built-in equip- Army National Guard web-based Masters in Business Administration ment ($60,000), and technical operating Address of Requesting Entity: PO Box 5218, program. He also began extensive academic, manuals ($40,000). I certify that neither I nor Austin, TX 78763 housing, athletic, and administrative renova- my spouse has any financial interest in this Description of Request: This funding will be tion projects totaling more than $150 million. project. used to procure a Mobile Firing Range for the

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Madam Speaker, pursuant to Account: Aerospace Technology Dev/Demo Legal Name of Requesting Entity: Missouri The value added is soldiers can train more the House Republican standards on earmarks, I am submitting the following information re- State University/QinetiQ North America than once a year during their annual qualifica- Address of Requesting Entity: 901 S. Na- garding earmarks I received as part of H.R. tion. The ability to have mobile ranges allows tional Ave., Springfield, MO 65804 for them to be collocated as needed to sup- 2647, The National Defense Authorization Act Description of Request: This funding will be port deploying unit needs. This system is a of Fiscal Year 2010. used toward a revolutionary approach to the training and force multiplier due to the nega- Requesting Member: Congressman ROY realization of truly load bearing antenna ar- tion of travel and lodging, and staging needed BLUNT rays. In addition to load bearing antennas, the when conducting this training on a military fa- Priority Name: JSOW–ER DF hardware will be structurally integrated Authorized Amount: $6.5 million cility. such that weight is minimized. DF algorithms Account: Joint Standoff Weapon Systems have been developed and modifications for Priority Name: Field Deployable Hologram Legal Name of Requesting Entity: LaBarge, the severe conditions in Afghanistan will be Production System Inc used as a baseline. The use of taxpayer funds Address of Requesting Entity: 1505 S. Maid- Authorized Amount: $4.8 million is justified because this new, affordable, an- en Lane, Joplin, MO 64801 Account: Research, Development, Test And tenna platform will significantly increase the Description of Request: JSOW is a GPS- Evaluation, Army DF capabilities of the Zephyr platform. This guided air-to-ground weapon designed to at- will enable rapid deployment and affordable Legal Name of Requesting Entity: Zebra Im- tack a variety of targets in day, night and ad- aging assets in theater, adding significantly to the verse weather conditions. The 70+ mile range nation’s assets. Address of Requesting Entity: 9801 Metric of JSOW allows launch aircraft to stand off be- Priority Name: Short Range Ballistic Missile Boulevard, Suite 200, Austin, TX 78759 yond the range of most Surface-to-Air mis- Defense siles. The use of taxpayer funds is justified be- Description of Request: The Enhanced Hol- Authorized Amount: $20.5 million cause there is a need for weapons with great- Account: Ballistic Missile Defense Terminal ographic Imager (EHI) program is completing er standoff. A new variant of JSOW (JSOW– development of a compact production unit that Defense Segment ER Block IV) would have a range and lethal Legal Name of Requesting Entity: LaBarge produces 3D holographic imagery for mission capability equal to or greater than SLAM–ER Inc planning and intelligence purposes for U.S. and would satisfy the warfighter’s need at less Address of Requesting Entity: 1505 S. Maid- forces in Iraq and Afghanistan. The use of tax- than half the cost of SLAM–ER. An existing en Lane, Joplin, MO 64801 payer funds is justified because the Army now engine from the Miniature Air-Launched Decoy Description of Request: SRBMD is a joint requests a self-contained, field-deployable EHI program will be used to extend the range of Missile Defense Agency (MDA) and Israel Mis- production system to accelerate imagery deliv- JSOW–ER to more than four times of the cur- sile Defense Organization program to develop ery to combat forces. This authorization will be rent glide version. and deploy a cost-effective broad-area de- used to fund an EHI post-processing unit and Priority Name: Lithium Ion Storage Ad- fense for use by both countries’ militaries and a transportable production facility, with the vancement for Aircraft Applications Israeli civilians against ballistic missiles, large completed Field Deployable Hologram Produc- Authorized Amount: $4.2 million caliber rockets and cruise missiles. The joint tion System operational within a year of re- Account: Force Protection Applied Research program objective is to develop the Stunner ceiving funding. Legal Name of Requesting Entity: interceptor to be common to both militaries for Priority Name: Replace Joint Base Commu- EaglePicher Technologies maximum return on investment. The Army has nications Building Address of Requesting Entity: 1215 W B St., indicated its intention to integrate the Stunner Joplin, MO 64801 into current and planned missile defense sys- Authorized Amount: $6.17 million Description of Request: Protection of Li-Ion tems. The program successfully completed a Account: Military Construction power systems is absolutely necessary on all critical flight test in February 2009 and two ad- Legal Name of Requesting Entity: NAS JRB current chemistries to prevent catastrophic fail- ditional tests are scheduled this year. The use of taxpayer funds is justified because the addi- FT WORTH ures due to over charge, over discharge and temperature excursions. In conjunction with tional funding requested will support qualifica- Address of Requesting Entity: NAS JRB FT the necessary safety aspects of the power tion and transition to production beyond the WORTH, Fort Worth, TX 76127 system, a management function is necessary President’s request and will support US-spe- Description of Request: This funding will be to achieve maximum performance. Maximum cific work to integrate the system into the US used to provide adequate facilities to house performance is achieved by monitoring indi- air and missile defense system. The funding and support the communications hub for NAS vidual cell voltages, temperature and currents will accelerate a critical, ongoing program and JRB Fort Worth. The terminal/switch room in and using this information to control each help to ensure that this system is deployed as this facility provides the single connecting cell’s charging based on environments. By quickly as possible to begin providing needed point for all on-base communications and their managing the system at the cell level, pre- protection to US troops deployed around the interface to all off-base systems. The Navy mature power system degradation and failure world. and the Air Force have personnel in this facil- can be greatly reduced. This translates into re- f ity and manage communications systems for duced maintenance costs, increased battery EARMARK DECLARATION all of the tenant commands. The base has life, increased performance and overall in- seen increases in communication volume due creased safety. The use of taxpayer funds is to links with off-site data systems and new justified because the results from advance- HON. JEFF MILLER OF FLORIDA tenants (e.g. 8th Marine Corps Division Of- ments in overall safety and chemistry not only IN THE HOUSE OF REPRESENTATIVES fice), as well as increased information security provide safety for aircraft applications but can requirements. The use of taxpayer funds is also be transitioned to the commercial, indus- Tuesday, June 23, 2009 justified because these conditions force in- trial, military as well as consumer product in- Mr. MILLER of Florida. Madam Speaker, creases in the amount and complexity of the dustries. The next generation of energy stor- pursuant to the Republican Leadership stand- equipment. Existing space will not accommo- age can be achieved. In addition, by ards on earmarks, I am submitting the fol- date growth requirements for the terminal/ leveraging the results from efforts on current lowing information regarding earmarks I re- switch room, threatening a loss in communica- projects, advancements toward new tech- ceived as part of the Fiscal Year 2010 Na- tion functionality base-wide. nologies can be realized sooner. These bat- tional Defense Authorization bill.

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Requesting Member: Congressman JEFF ciation annual telethon, served on the board of Description of Request: I have secured MILLER the Marine Corps Scholarship Fund, and also 3,000,000 for the Military Photomedicine Pro- Project Name: STARBASE Freedom supported the United Negro College Fund. gram. Photomedicine is an emerging field of Account: Civilian Education and Training Madam Speaker and colleagues, please join biomedical research that shows considerable Legal Name of Requesting Entity: Okaloosa me in honoring and remembering the long and promise in the ability to address many priority County Schools/Eglin AFB successful life of Ed McMahon. I offer my military medical problems, including treatment Address of Requesting Entity: Eglin Air deepest sympathy and condolences to his of drug resistant infections, light activated re- Force Base, Florida 32542 family and friends. He was truly dedicated to pair of severed nerves and blood vessels, Description of Request: $484,000– the American people; serving them through his non-invasive critical care monitors for hemor- STARBASE Freedom, Okaloosa County/Eglin service in the military as well as entertaining rhagic shock and compartment syndrome, self AFB, Florida. I requested these funds to pro- them for decades. His life and laughter will directed needles for vascular access, sealing vide a science and mathematics education im- surely be missed and cherished for years to of penetrating eye injuries, early detection of provement program for at-risk youths in the come. Traumatic Brain Injury (TBI), biopsy imaging Eglin AFB community. The entity to receive f without tissue removal for airway injury from funding for this project is Eglin AFB/Okaloosa smoke or chemical agent inhalation, real time County Schools located at Eglin Air Force EARMARK DECLARATION imaging of tissue circulation for wound man- Base, Florida. I certify that this project does agement and reconstructive surgery, and tar- not have a direct and foreseeable effect on HON. KEN CALVERT geted accelerated wound healing. Through the pecuniary interest of my spouse or me. OF CALIFORNIA peer reviewed, competitive grant funding this Consistent with the Republican Leadership’s IN THE HOUSE OF REPRESENTATIVES program supports teams of scientists and policy on earmarks, I hereby certify that this health care professionals at academic centers Tuesday, June 23, 2009 request (1) is not directed to any entity or pro- in collaborations with DoD medical labora- gram named after a sitting Member of Con- Mr. CALVERT. Madam Speaker, pursuant tories in the development of technologies iden- gress; (2) is not intended for a ‘‘front’’ or ‘‘pass to the Republican Leadership standards on tified by DoD as important to military per- through’’ entity; and (3) meets or exceeds all earmarks, I am submitting the following infor- sonnel, with a specific focus on the wounded statutory requirements for matching funds mation regarding an earmark I received as warrior priorities identified in the Department’s where applicable. part of the House-passed version of H.R. Guidance for Development of the Force FY f 2647, the National Defense Authorization Act 2010–2015 document. for Fiscal Year, 2010. Requesting Member: Congressman KEN IN HONOR AND REMEMBRANCE OF Requesting Member: Congressman KEN CALVERT EDWARD PETER LEO MCMAHON, CALVERT Bill Number: H.R. 2647 JR. Bill Number: H.R. 2647 Account: Military Construction; Air Force Re- Account: Navy Research and Develop- serve HON. DENNIS J. KUCINICH ment—0604215N Legal Name of Requesting Entity: March Air Legal Name of Requesting Entity: U.S. Reserve Base OF OHIO Address of Requesting Entity: March Air Re- Navy; Naval Surface Warfare Center, Corona IN THE HOUSE OF REPRESENTATIVES serve Base, Riverside, California 92518–2166 Division Description of Request: I have secured Tuesday, June 23, 2009 Address of Requesting Entity: Naval Surface $9,800,000 for the March Air Reserve Base Mr. KUCINICH. Madam Speaker, I rise Warfare Center, Corona Division, Corona, CA Small Arms Firing Range. The funds would be today in honor and remembrance of Edward 92878–5000 used to construct an adequately sized and Peter Leo McMahon, Jr. who shared his life Description of Request: I have secured configured small arms firing range which is re- and talents with the American people through $2,000,000 for the Measurement Standards quired for training and maintaining the stand- his long and successful career as both a fight- Research and Development Program. The ard of current Air Force preparedness. The er pilot for the United States Marine Corps program includes testing for electro-optic and project also includes office space, classrooms, and an iconic entertainer. night vision systems; chem/bio and radiation and equipment with fire protection and security Ed McMahon was born in Detroit, Michigan. detection systems; advanced sensor tech- alarm, lightning protection and explosion proof After spending his summers as a teen an- nologies; nano-technology. It also provides for electrical which would bring the facility up to nouncing bingo for carnivals, he attended Bos- improved and state of the art measurement current force protection standards. The exist- ton College. An electrical engineering student, calibration systems that ensure an accurate ing firing range was built in 1942 and is sub McMahon enrolled in the Navy’s V–5 training traceability of measurement from the weapon standard as a training facility. It is located ap- program. In 1944 McMahon earned his wings system parameter to National Standards main- proximately 5 miles away from March ARB and served in World War II as an instructor tained at NIST. Without adequate measure- and creates security, safety, and health and and test pilot. He returned to Catholic Univer- ment capability, verification of performance for maintenance problems. Without funding the sity of America and earned a Bachelor’s of Art weapon and detection system readiness is not current facility will deteriorate further and will in 1949. After a brief stint in broadcasting possible. This project results in the develop- not be able to meet the training and readiness McMahon was called to duty during the Ko- ment of the measurement standards and cali- requirements of the base. Security, health and rean War and subsequently won six air med- bration systems necessary to provide trace- safety will be a concern and may cause the als. able measurements. These state-of-the-art existing firing range to shut down. The range Upon completing his military duty, McMahon measurements standards often reside at NIST closure will seriously impact the small arm returned to television as the announcer for the and thus provide benefit to other federal agen- training, Force Protection and Personnel Com- game show Who Do You Trust? Four years cies and industry as well. This project allows bat Arms requirement for Reserve and Na- later McMahon began his infamous role as the the Navy to make correct test decisions that tional Guard units. announcer for The Tonight Show with Johnny ensure mission success and safety while re- Requesting Member: Congressman KEN Carson. McMahon became a television and ducing the cost of unnecessary rework. Sub- CALVERT entertainment icon during his thirty year tenure stantial cost savings have resulted from past Bill Number: H.R. 2647 with the show and had independently become R&D projects funding through this program. Account: Navy Operations and Mainte- a star on his own over the decades. He be- Requesting Member: Congressman KEN nance—BA03–1804N came the host of Star Search in 1983; the ad- CALVERT Legal Name of Requesting Entity: U.S. vertising voice of countless products and was Bill Number: H.R. 2647 Naval Sea Cadet Corps featured in numerous films and television se- Account: Army Research and Develop- Address of Requesting Entity: U.S. Naval ries. ment—0602787A Sea Cadet Corps; 2300 Wilson Blvd, North; In addition to his roles as actor, announcer Legal Name of Requesting Entity: Air Force Arlington, VA 22201–3308 and promoter, McMahon was active in various Office of Scientific Research Description of Request: I have secured charities. He made frequent appearances with Address of Requesting Entity: 801 N. Ran- $650,600 for the U.S. Naval Sea Cadet Pro- Jerry Lewis on the Muscular Dystrophy Asso- dolph Street, Arlington, VA 22203 gram. The Sea Cadet Program is focused

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15976 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 upon development of youth ages 11–17, served by personnel who must travel a distance to how these stealth aircraft like the B–2, F–35, ing almost 9,000 Sea Cadets and adult volun- the range. Also, due to extreme weather con- and F–22 communicate with each other in a teers in 387 units country-wide. It promotes in- ditions, the Wing loses several months of high threat environment by allowing all three terest and skill in seamanship and aviation weapons qualifying each year. This new Small types of aircraft to communicate and share and instills qualities that mold strong moral Arms Range will allow personnel to meet all threat information. Sharing real-time threat in- character in an anti-drug and anti-gang envi- necessary mandatory weapons training as well formation would improve lethality, increase ronment. Summer training onboard Navy and as meeting safety and environmental require- survivability, reduce operating and support Coast Guard ships and shore stations is a ments. costs, and increase efficiencies. challenging training ground for developing self- f The USAF has acknowledged the need for confidence and self-discipline, promotion of such a critical capability and has provided high standards of conduct and performance EARMARK DECLARATION funding to integrate a common data link into and a sense of teamwork. Funds will be uti- the F–35 and F–22. However, funding for inte- lized to ‘‘buy down’’ the out-of-pocket ex- HON. MIKE ROGERS gration of such a link on the B–2 has not oc- penses for training to $120/week. NSCC in- OF MICHIGAN curred. This initiative would provide these sig- stills in every Cadet a sense of patriotism, IN THE HOUSE OF REPRESENTATIVES nificant improvements in the capability two to three years sooner than currently planned. courage and the foundation of personal honor. Tuesday, June 23, 2009 A significant percent of Cadets join the Armed These upgrades will enable our strategic Services often receiving accelerated advance- Mr. ROGERS of Michigan. Madam Speaker, bombers to be more effective in projecting ment, or obtain commissions. The program pursuant to the House Republican standards American power abroad and providing battle- has significance in assisting to promote the on earmarks, I am submitting the following in- field support for our troops. Navy and Coast Guard, particularly in those formation regarding earmarks I received as Requesting Member: Congressman HOW- areas of the U.S. where these Services have part of H.R. 2647, The National Defense Au- ARD P. ‘‘BUCK’’ MCKEON little presence. thorization Act of Fiscal Year 2010. Bill Number: H.R. 2647, the ‘‘National De- f Requesting Member: Congressman MIKE fense Authorization Act for Fiscal Year 2010’’ ROGERS of Michigan Account: Army Research and Development EARMARK DECLARATION Bill Number: H.R. 2647 Legal Name of Requesting Entity: Curtiss- Account: Operations and Maintenance—Op- Wright Controls Embedded Computing HON. CHRISTOPHER JOHN LEE erating Forces Address of Requesting Entity: 28965 Ave- OF NEW YORK Legal Name of Requesting Entity: Peckham nue Penn, Santa Clarita, CA 91355 IN THE HOUSE OF REPRESENTATIVES Industries Description of Request: I requested and re- Address of Requesting Entity: Peckham In- ceived a Member priority authorization request Tuesday, June 23, 2009 dustries, 2822 N. Martin Luther King Blvd., totaling $2,400,000 for U.S. Army Vehicle Mr. LEE of New York. Madam Speaker, pur- Lansing, MI 48906 Electronics Optimization. This project provides suant to the Republican Leadership standards Description of Request: Provide funding of advanced technological components to a vari- on earmarks, I am submitting the following in- $2,600,000 for a Cold Weather Layering Sys- ety of Army systems such as tanks, armored formation regarding an earmark I received as tem (CWLS) for U.S. Marine Corps Expedi- personnel carriers, and artillery pieces that are part of the FY10 National Defense Authoriza- tionary Forces. The Marine Corps requirement smaller, save power, weigh less, and require tion bill. for the Polartec components to CWLS is less cooling while improving performance and Requesting Member: Congressman CHRIS- 202,000 units. $2,600,000 will fund approxi- reducing life cycle cost. This would help the TOPHER LEE (NY–26) mately 13,000 sets of CWLS. The CWLS is Army’s accelerated fielding of new systems by Bill Number: H.R. 2647 designed to reduce the weight and volume reducing complexity and risk associated with Account: Military Construction—Air Force that a Marine operating as dismounted infantry these electronics upgrades. Enhancements Reserve must carry to accomplish combat missions in will help our soldiers in combat be more effec- Legal Name of Requesting Entity: Niagara mountainous and cold weather environments. tive and responsive. Falls Air Reserve Station f Requesting Member: Congressman HOW- Address of Requesting Entity: Niagara Falls ARD P. ‘‘BUCK’’ MCKEON Air Reserve Station, 2720 Kirkbridge Drive, Ni- EARMARK DECLARATION Bill Number: H.R. 2647, the ‘‘National De- agara Falls, NY 14304 fense Authorization Act for Fiscal Year 2010’’ Description of Request: Provide an author- HON. HOWARD P. ‘‘BUCK’’ McKEON Account: Air Force Research and Develop- ization of $5.7 million for Project #RVKQ 10– OF CALIFORNIA ment 9091, the Indoor Small Arms Range that IN THE HOUSE OF REPRESENTATIVES Legal Name of Requesting Entity: Advatech would support the requirements of the Base Pacific, Inc. wings, the units of the new Armed Forces Tuesday, June 23, 2009 Address of Requesting Entity: 950 E. Readiness Center and the Department of Mr. MCKEON. Madam Speaker, pursuant to Palmdale Blvd., Suite C, Palmdale, CA 93550 Homeland Security tenants. the Republican Leadership standards on ear- Description of Request: I requested and re- Of the total project amount, approximately marks, I am submitting the following informa- ceived a Member priority authorization request $4.4 million (or 77.1%) is for construction of tion regarding Member priority requests I re- totaling $3,000,000 for the U.S. Air Force Ad- the range; $44,000 (or 1%) is for force protec- ceived as part of H.R. 2647, the ‘‘National De- vanced Vehicle Propulsion Center (AVPC), a tion; $640,000 (or 11.2%) is for supporting fa- fense Authorization Act for Fiscal Year 2010.’’ unique, world-class center at Edwards Air cilities; $254,000 (or 5%) is for contingency Requesting Member: Congressman HOW- Force Base that allows experts to examine costs; and $304,000 (or 5.7%) is for inspection ARD P. ‘‘BUCK’’ MCKEON current and future engineering, design, and and overhead. Bill Number: H.R. 2647, the ‘‘National De- development of propulsion systems, space ve- The current situation requires personnel to fense Authorization Act for Fiscal Year 2010’’ hicles, missiles, and advanced weapon con- shoot at a range in Canada when utilizing the Account: Air Force Research and Develop- cepts. The Center’s efforts are estimated to M–24B machine gun and M–249 rifle. Addi- ment save the Air Force millions of dollars in future tionally, the current number of firing line posi- Legal Name of Requesting Entity: Northrop program costs through the integration of the tions is inadequate to satisfy the volume of Grumman Corporation best engineering, design, analysis, and cost monthly training requirements which has Address of Requesting Entity: 1840 Century tools from government, industry, and aca- grown with the addition of the Regional Readi- Park East, Los Angeles, California 90067– demia. ness Center at the Base. 2199 Funding would allow the Center’s engineers Due to the fact that the existing range is Description of Request: I requested and re- to incorporate recent technological advances outdoors and off-Base, students and instruc- ceived a Member priority authorization request into future Air Force space and missile sys- tors are exposed to the elements and extreme totaling $14,600,000 for Advanced Tactical tems, virtually demonstrating whether pro- temperatures for extended periods of time. In Data Links (ATDLs) for the U.S. Air Force B– posed designs are sound from operational, in- addition, an exorbitant amount of time is wast- 2 Stealth. This data link would profoundly alter frastructure, schedule, cost, reliability, and risk

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 15977 perspectives. This research will enable our satellites called ‘‘cubesats’’ that would provide and Disaster Management. This research will warfighter to be more effective, and will free imagery, advanced warning, navigation, and focus on remotely sensed data from an af- up limited resources to fund other defense pri- intelligence to our military and other national fected area delivered in real-time or near real- orities. security agencies. Currently, a domestic pro- time by using instruments and software devel- Requesting Member: Congressman HOW- vider of cubesat components does not exist. oped at RIT. ARD P. ‘‘BUCK’’ MCKEON Funding would allow the DoD Cubesat Pro- Of the total amount received, approximately Bill Number: H.R. 2647, the ‘‘National De- gram to continue fundamental research, devel- $310,000 (or 62%) is for materials and flight fense Authorization Act for Fiscal Year 2010’’ opment, testing, of domestic source, low cost services and approximately $190,000 (or 38%) Account: Navy Research and Development components such as flight computers, power is for personnel, including faculty, staff, and Legal Name of Requesting Entity: Naval Air hardware, and spacecraft navigation and con- students. RIT is seeking additional funding Warfare Center, China Lake trol hardware. These efforts would help enable from the New York Foundation for Science, Address of Requesting Entity: HSAD Pro- domestic mass production of cubesats in the Technology and Innovation (NYSTAR) and the gram Office, Naval Air Warfare Center, China near future. Cubsats are an integral part of the NYS Department of Homeland Security. Lake, CA 93555–6100 Department of Defense’s plan to provide Description of Request: I requested and re- more, less expensive, timely intelligence to Timely and effective response to border in- ceived a Member priority authorization request support the warfighter. cursions, disasters, or infrastructure failures totaling $1,900,000 for the U.S. Navy/U.S. Air Requesting Member: Congressman HOW- requires situational awareness on the part of Force High Speed Anti-Radiation Demon- ARD P. ‘‘BUCK’’ MCKEON decision makers. The lack of such timely and strator established at China Lake Naval Air Bill Number: H.R. 2647, the ‘‘National De- useful geo-spatial data was a key aspect of Weapons Station in 2002 to demonstrate an fense Authorization Act for Fiscal Year 2010’’ the response to the aftermath of Hurricane advanced rocket propulsion system that can Account: Navy Research and Development Katrina in 2005. Often the best source of situ- provide either twice the distance or half the Legal Name of Requesting Entity: California ational awareness is remotely sensed data time to target over solid propellant rocket mo- State University Long Beach from the affected area delivered in real-time or tors. With flight testing successfully accom- Address of Requesting Entity: 6300 State near real-time. Using instruments and software plished and propulsion system technology University Drive, Ste 332, Long Beach, CA developed at RIT, they have deployed proto- demonstrated, this funding request would 90815 type airborne systems and successfully tested allow the transition of HSAD designs into a Description of Request: I requested and re- these systems to validate their capabilities in tactical missile configuration for future use in ceived a Member priority authorization request addressing these critical issues. The dem- Navy/USAF advanced weapon systems. In ad- totaling $2,000,000 for a Department of De- onstrations to be conducted will process and dition, funds would be used to develop next fense Strategic Mobility Logistics Study. This display precision geo-referenced imagery to generation solid ramjet fuels and provide per- project, headed by Cal State University Long users in an operational setting, enable incident formance data to support missile performance. Beach and Cal State University San managers to command and view sensor infor- In the future this research will benefit the Bernardino at the Southern California Logistics mation in a form that is intuitive and useful to warfighter by providing better performing mis- Airport (SCLA), would allow the continuation of decision makers, and deliver training to enable siles and missile defenses critical to our air educational training, logistics modeling, and the deployment of these systems as part of superiority and homeland defense. the development of defense training courses their ongoing operations. Requesting Member: Congressman HOW- supporting the U.S. Army, U.S. Navy, and sev- ARD P. ‘‘BUCK’’ MCKEON eral major commands. These courses are de- f Bill Number: H.R. 2647, the ‘‘National De- signed to make Defense Department logistics fense Authorization Act for Fiscal Year 2010’’ more efficient, less expensive, and provide EARMARK DECLARATION Account: MILCON, Navy greater inventory control while creating a more Legal Name of Requesting Entity: U.S. Ma- cognizant military and civilian logistics work- rine Corps Mountain Warfare Training Center force. This program also plays a key training HON. KEN CALVERT Address of Requesting Entity: U.S. Marine role creating jobs in the defense industry. OF CALIFORNIA Corps Mountain Warfare Training Center, f Bridgeport, CA, 93517 IN THE HOUSE OF REPRESENTATIVES EARMARK DECLARATION Description of Request: I requested and re- Tuesday, June 23, 2009 ceived a Member priority authorization request totaling $8,600,000 for a new commissary at HON. CHRISTOPHER JOHN LEE Mr. CALVERT. Madam Speaker, pursuant the U.S. Marine Corps Mountain Warfare OF NEW YORK to the Republican Leadership standards on Training Center. This project would construct a IN THE HOUSE OF REPRESENTATIVES earmarks, I am submitting the following infor- permanent commissary at the U.S. Marine mation regarding an earmark I received as Corps Mountain Warfare Training Center. Due Tuesday, June 23, 2009 part of H.R. 2892, the Department of Home- to the remote location of the base outside Mr. LEE of New York. Madam Speaker, pur- land Security Appropriations Bill, 2010. Bridgeport, California, military members and suant to the Republican Leadership standards Requesting Member: Congressman KEN their families travel dozens of miles over steep on earmarks, I am submitting the following in- CALVERT and sometimes impassable roadways to buy formation regarding an earmark I received as groceries and supplies. This project would part of the FY10 Homeland Security Appro- Bill Number: H.R. 2892 eliminate that drive and provide an improved priations bill. Account: DHS, FEMA, National Predisaster quality of life on base, especially during the Requesting Member: Congressman CHRIS- Mitigation winter months. TOPHER LEE (NY–26) Legal Name of Requesting Entity: Orange Requesting Member: Congressman HOW- Bill Number: H.R. 2892 County Fire Authority ARD P. ‘‘BUCK’’ MCKEON Account: Science & Technology—Research, Bill Number: H.R. 2647, the ‘‘National De- Development, Acquisition, and Operations Address of Requesting Entity: 1 Fire Author- fense Authorization Act for Fiscal Year 2010’’ Legal Name of Requesting Entity: Rochester ity Road, Irvine, California 92602 Account: Air Force Research and Develop- Institute of Technology Description of Request: I have secured ment Address of Requesting Entity: 30 Lomb Me- $252,000 for predisaster mitigation for the Or- Legal Name of Requesting Entity: Andrews morial Drive, Rochester, NY 14623 ange County Fire Authority. The funding would Space Description of Request: Provide an earmark be used to support a full time year-round hand Address of Requesting Entity: 25133 Ave- of $500,000 for the Remote Sensing for Situa- crew for wildland fire operations through the nue Tibbitts, Unit A, Valencia, CA 91355 tional Awareness and Decision Support purchase of materials such as personal pro- Description of Request: I requested and re- project, which will allow the Rochester Institute tective equipment, supplies and tools. I certify ceived a Member priority authorization request of Technology’s (RIT) Chester F. Carlson Cen- that this project does not have a direct and totaling $2,000,000 to promote research into ter for Imaging Science to create a Remote foreseeable effect on any of my pecuniary in- smaller, lower cost, and rapidly deployable Sensing TestBed (RSTB) for Border Security terests.

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15978 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 TRIBUTE TO MINISTER LUCA travelled to Hartford to participate in my an- sewer carrying 70% of the community’s flow FERRARI nual charity Bocce Tournament, which Leslie needs to be upgraded from 12’’ diameter pipe and I host at our home to raise money for the to 24’’. The City’s aerated lagoon system is no HON. JOHN B. LARSON St. Patrick/St. Anthony Church in Hartford and longer capable of meeting standards for am- OF CONNECTICUT the East Hartford Interfaith Ministries. Although monia nitrogen, and the DNR has mandated IN THE HOUSE OF REPRESENTATIVES he has yet to join you in the elite group of construction of a new plant. The project is ex- Italian Celebrity Night trophy winners, I am tremely significant locally. Without securing Tuesday, June 23, 2009 sure that, with a little more practice, he will be outside funding, sewer rates will be triple what Mr. LARSON of Connecticut. Madam awarded that honor at some future tour- they were in 2005 for at least the next 20–25 Speaker, I rise today to pay tribute to one of nament. years. This is a major expense for families in the finest diplomats that both of us have come Madam Speaker, I would like to conclude by economic times that have hit Hancock Coun- to know, Mr. Luca Ferrari, the Minister Coun- urging all of our colleagues to join us in salut- ty’s employment base harder than the national selor for Public and Legislative Affairs at the ing Minister Luca Ferrari for all he has done average. Embassy of the Republic of Italy. Minister to further relations between our two countries Bill Number: H.R. 2849, Commerce, Justice, Ferrari, who has been at the Italian Embassy and to wish him, his wife Mariachiara Pastore Science, and Related Agencies Appropriations here in Washington since October 8, 2005, is Ferrari, and their 13 year-old son Alessandro Act, 2010 also the Official Spokesman at the Embassy Ferrari all the best as they begin their new du- Project Name: Iowa Central Law Enforce- as well. It has been recently announced that ties in Spain. ment Training Center Minister Ferrari will leave Washington later this f Amount: $500,000 summer to become the Deputy Chief of Mis- Account: OJP—Byrne Discretionary Grants sion at the Embassy of Italy in Madrid, Spain. EARMARK DECLARATION Recipient: Iowa Central Community College Minister Ferrari, whose father was a career Recipient’s Street Address: One Triton Cir- diplomat, was born in Rome and lived all over HON. TOM LATHAM cle Fort. Dodge, IA 50501 the world while growing up. As a result, he OF IOWA Description: The Center provides an eco- can speak five languages fluently. He received IN THE HOUSE OF REPRESENTATIVES nomical and efficient platform for multi-dis- a degree in political science from the Univer- cipline training programs for first-responder Tuesday, June 23, 2009 sity of Rome in 1984. He joined the Italian law enforcement personnel from across the Diplomatic Service in 1986 and served in a Mr. LATHAM. Madam Speaker, pursuant to state of Iowa. Thus far about 26,000 per- number of positions in Rome, including Execu- the new House Republican standards on ear- sonnel have been trained. tive Assistant to the Foreign Minister and Spe- marks, I am submitting the following informa- Bill Number: H.R. 2849, Commerce, Justice, cial Assistant in the Office of the Secretary tion. Science, and Related Agencies Appropriations General of the Ministry of Foreign Affairs. In Bill Number: H.R. 2647, National Defense Act, 2010 1991, he was sent to Moscow where, as First Authorization Act for Fiscal Year 2010 Project Name: Internet Scale Event and At- Secretary, he held the position of Head of the Project Name: Readiness Center Addition/ tack Generation Environment Ambassador’s Secretariat and Chief of the Alteration, Iowa Falls, Iowa. Amount: $400,000 Consular Section until 1995. Then he began Amount: $2,000,000 Account: OJP—Byrne Discretionary Grants his first assignment in Washington, where he Account: Army National Guard Recipient: Iowa State University was Counselor and Chief of Staff of the Am- Recipient: Construction and Facilities Man- Recipient’s Street Address: 1750 bassador of Italy to the United States until agement Office (CFMO), Iowa Army National Beardshear Hall Ames, IA 50011 1999. After returning to Rome, he served as Guard Description: The funding will be used to the Director for Middle Eastern Affairs of the Recipient’s Street Address: Camp Dodge, continue the program, which simulates tech- Italian Ministry of Foreign Affairs until his re- Building B-61, 7105 NW 70th Avenue John- nology cyber attacks on a virtual internet for turn to Washington in 2005. ston, Iowa 50131 the purpose of researching cyber defense Given the enormous amount of diplomatic Description: The purpose of this project is to mechanisms and analyzing attacks. and consular activity between the United renovate and provide an addition to the Iowa Bill Number: H.R. 2849, Commerce, Justice, States and our critical NATO ally Italy over the Falls National Guard Readiness Center (ar- Science, and Related Agencies Appropriations years, Washington, D.C. is one of the most mory). The project is a complete renovation of Act, 2010 challenging posts for Italian diplomats. I think the existing facility to modernize administrative Project Name: Iowa State Forensic Testing that you will agree with my belief that Minister and training areas to meet new Department of Lab Ferrari has performed superbly both as a dip- Defense force structure requirements. The ad- Amount: $1,300,000 lomat and as a friend to both of us. Whether dition to the building will address deficiencies Account: OJP—Byrne Discretionary Grants it has been his tireless efforts on your historic in supply space, vault space, classroom Recipient: Iowa State University trip to Italy as the highest ranking Italian- space, the electrical system, HVAC system, Recipient’s Street Address: 1750 American official, his facilitation of the recent Anti-terrorism/Force Protection (AT/FP) meas- Beardshear Hall Ames, IA 50011 visit of Prime Minister Silvio Berlusconi to ures, information technology/telecom systems Description: The funding will continue this Washington, and the numerous visits of other and military parking space. project, which involves cutting edge develop- high-level officials in recent years, his work to Bill Number: Department of the Interior, En- ments in forensic analysis and evaluation provide relief in the wake of the devastating vironment, and Related Agencies Appropria- techniques, and the conduct of training and earthquake in Abruzzo, his preparations for tions Act, 2010 lab management programs for state and local the upcoming July G–8 Summit in L’Aquila, or Project Name: Garner Wastewater Treat- (and some federal) entities. the energy he brought to the numerous other ment Plant/Trunk Sewer Reconstruction Bill Number: H.R. 2849, Commerce, Justice, projects to which he was assigned; I think that Amount: $500,000 Science, and Related Agencies Appropriations you will agree with me that Luca has set an Account: STAG Water and Wastewater In- Act, 2010 example of what it means to be a model dip- frastructure Project Project Name: Law Enforcement Visual In- lomat. Many of our colleagues are aware of Recipient: City of Garner telligence Tool the historic role that the model of Italian diplo- Recipient’s Street Address: 135 West 5th Amount: $200,000 macy has played in the creation of the current Street Garner, IA 50438 Account: COPS Law Enforcement Tech- worldwide diplomatic system and international Description: Construct improvements, in- nology law. We can easily see how Luca fits into the cluding upgrading current aerated lagoon sys- Recipient: Pocahontas County Iowa Sheriff fine tradition of envoys that Italy has sent to tem to sequencing batch reactor mechanical Recipient’s Street Address: 99 Court Square other nations down through the ages. plant and reconstruction of approximately Pocahontas, IA 50574 On a personal level, Madam Speaker, Luca 3000 feet of undersized trunk sewer line. The Description: The purpose of the technology has been a true friend to both of us, as well Iowa Department of Natural Resources has is to aid local sheriffs in North Central Iowa by as to your husband Paul and to my wife Les- mandated construction of wastewater plants to providing a special aerial imagery and geo- lie. As you have on so many occasions, Luca meet ammonia nitrogen standards. Trunk spatial visual intelligence tool that can help

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 15979 law enforcement personnel view and analyze BIASED LA TIMES STORY MISSES ticipation, well over half of all undergraduate an enforcement target location, building, inter- POINT college students are women. Women also out- section, etc. number men in graduate school and law HON. LAMAR SMITH school enrollment. f OF TEXAS Madam Speaker, I am pleased to acknowl- IN THE HOUSE OF REPRESENTATIVES edge the 37th Anniversary of Title IX and all HONORING THE SAMARITAN INN it has done to provide our young women with Tuesday, June 23, 2009 so many excellent opportunities. I will work Mr. SMITH of Texas. Madam speaker, I diligently with my colleagues to protect the HON. SHELLEY MOORE CAPITO have more bad news for Americans . . . yet rights of women and ensure that gender dis- another example of biased reporting. crimination becomes a remnant of the past. OF WEST VIRGINIA This one comes from the Los Angeles f IN THE HOUSE OF REPRESENTATIVES Times. The paper ran a story about a company that PERSONAL EXPLANATION Tuesday, June 23, 2009 fired 200 workers after an IRS audit found Mrs. CAPITO. Madam Speaker, I rise today ‘‘hundreds of ‘invalid or fraudulent’ Social Se- HON. SANFORD D. BISHOP, JR. to honor The Samaritan Inn, which took its curity numbers.’’ OF GEORGIA An unbiased story would have focused on first resident in 1989. Since it began, the Inn IN THE HOUSE OF REPRESENTATIVES how devastating ID theft is to families. It might Tuesday, June 23, 2009 has served over 400 men through outreach or have discussed the range of problems they residential housing. face—faulty arrest records and tax liabilities Mr. BISHOP of Georgia. Madam Speaker, I The Samaritan Inn is transitional residential among them. regret that I was unavoidably absent Friday, living with supportive services for up to 12 The article also might have mentioned that June 19, on very urgent business. Had I been homeless adult men at a time. Men may stay those 200 jobs are now open for jobless U.S. present for the ten votes that day, I would for up to 24 months. The Inn provides for citizens and legal immigrants. And that typi- have voted the following way: group living in a safe, supportive, home-like cally after an action like this, wages for Amer- I would have voted ‘‘aye’’ on H. Res. 559, environment. The project has as its primary ican workers are higher. rollcall vote No. 409; mission to promote residential stability, in- But the Times story did neither of these I would have voted ‘‘aye’’ on H. Res. 559, crease skill level, and increase income which things. rollcall vote No. 410; I would have voted ‘‘aye’’ on H. Res. 560, leads to greater self determination, thereby Instead, the story followed the talking points rollcall vote No. 411; enabling the men serviced to move to perma- set forth by amnesty advocates and the Times’ own editorial board. I would have voted ‘‘aye’’ on H.R. 2918, roll- nent housing. Readers deserve better. They deserve a call vote No. 412; Specifically, the Inn: (1) provides safe, de- balanced view. I would have voted ‘‘aye’’ on H.R. 2918, roll- cent temporary shelter for homeless men in And that Los Angeles company—it should call vote No. 413; transition from homelessness to independent be praised for its actions to comply with the I would have voted ‘‘present’’ on rollcall vote living in permanent housing; (2) provides case law instead of ignoring it. No. 414; management services that emphasize healthy f I would have voted ‘‘aye’’ on H. Res. 520, relationships, financial responsibility, education rollcall vote No. 415; ACKNOWLEDGING THE 37TH and training, household management, work I would have voted ‘‘aye’’ on H. Res. 520, ANNIVERSARY OF TITLE IX ethics, mental and physical health, and re- rollcall vote No. 416; sponsible personal behavior; (3) provides op- I would have voted ‘‘aye’’ on H. Res. 520, portunity to recover self-esteem, build con- HON. MAXINE WATERS rollcall vote No. 417; fidence, restore dignity; and (4) provides life OF CALIFORNIA I would have voted ‘‘aye’’ on H. Res. 520, skill training and job development skills re- IN THE HOUSE OF REPRESENTATIVES rollcall vote No. 418. quired to support and sustain independent liv- Tuesday, June 23, 2009 f ing in permanent housing. Ms. WATERS. Madam Speaker, I rise today EARMARK DECLARATION For a number of years, Samaritan Inn was to acknowledge the 37th Anniversary of Title the only HUD supported transitional housing IX. Title IX is the federal law that prohibits HON. ROB BISHOP available for men in the Kanawha Valley. gender discrimination in federally funded edu- OF UTAH Today it is one of only two HUD supported cational programs. Specifically this legislation IN THE HOUSE OF REPRESENTATIVES transitional facilities for men in this area. was designed to create equality among the sexes in education, but this mandate has had Tuesday, June 23, 2009 The Inn is a stately Victorian home-like facil- an even greater impact on women’s athletics. Mr. BISHOP of Utah. Madam Speaker, con- ity that is conveniently located in downtown As a result, it has provided opportunities which sistent with the Republican Leadership’s policy Charleston and is close to bus lines and busi- were not previously available. While many on earmarks, I am submitting the following nesses. gender barriers have been broken since Title earmark disclosure information regarding Upon entry, each resident works with staff IX’s implementation, there are still many ob- project funding I had requested and which was to establish individualized goals designed to stacles that young women face today. included within the legislation H.R. 2647, as overcome the obstacles to permanent, inde- Many of Title IX’s accomplishments stem reported. To the best of my knowledge, fund- pendent living. Each resident is required to from successes with collegiate level athletics. ing for this project: (1) is not directed to an en- work, pay up to 30% of his income in rent, Unfortunately, elementary and high school tity or program that will be named after a sit- maintain his own living area, share the cook- girls are still not completely protected by the ting Member of Congress; (2) is not intended ing and cleaning responsibilities, participate in requirements of this legislation. Today we to be used by an entity to secure funds for a life skills curriculum, substance abuse edu- know that those young women are not receiv- other entities unless the use of funding is con- cation, and participate in community volunteer ing nearly as much funding as their male sistent with the specified purpose of the ear- activities. counterparts in sport related activities. Al- mark; and (3) meets or exceeds all statutory though there is still work to be done in regards requirements for matching funds. I further cer- The Samaritan Inn provides a safe environ- to Title IX, a lot has changed since its incep- tify that neither my spouse, nor I, have any ment to recover from homelessness, offers tion. Before the law passed in 1972, women personal financial interests in this request. services that permanently change the lives of consisted of just seven percent of all high Project Title: Senior Center, Brigham City, men who have been homeless, and empowers school sports participants. Today over forty Utah men to be productive independent citizens of percent of high school athletes are females. In Amount: $250,000 our community. terms of collegiate academia and sports par- Requesting Member: ROB BISHOP (UT)

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15980 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 Bill Number: H.R. 2892 EARMARK DECLARATION EARMARK DECLARATION Account: FEMA Pre-Disaster Mitigation Address of Requesting Entity: Brigham City HON. GLENN THOMPSON HON. DEAN HELLER Corporation OF NEVADA OF PENNSYLVANIA Location: Brigham City Corp., 20 North IN THE HOUSE OF REPRESENTATIVES Main, Brigham City, UT 84302 IN THE HOUSE OF REPRESENTATIVES Tuesday, June 23, 2009 Matching Funds: $125,000 Tuesday, June 23, 2009 Detailed Spending Plan: FEMA Pre-Disaster Mr. HELLER. Madam Speaker, Pursuant to Mitigation project grants require a minimum Mr. THOMPSON of Pennsylvania. Madam the Republican Leadership standards on ear- local cost share of 25% or the total project Speaker, Pursuant to the Republican Leader- marks, I am submitting the following informa- cost. This project is estimated as costing ship standards on earmarks, I am submitting tion regarding earmarks I received as part of $500,000. Under regular FEMA guidelines, the following information regarding an earmark H.R. 2892—Department of Homeland Security Brigham City would be required to expend I received as part of H.R. 2647, The National Appropriations Act, 2010: $125,000 as the local cost-share. Request for Defense Authorization Act of Fiscal Year Requesting Member: Congressman DEAN federal share was for $375,000. However, the 2010. The entity authorized to receive funding HELLER committee decided only to fund $250,000 of for this project is KCF Technologies, 112 West Bill Number: H.R. 2892—Department of the regular federal portion, which may require Foster Avenue, State College, PA 16801, in Homeland Security Appropriations Act, 2010 up to an additional $100,000 local cost share the amount of $2,000,000. It is my under- Account: FEMA—Predisaster Mitigation for a total of $225,000 local cost share to fully standing that the funding would be used for Legal Name of Requesting Entity: City of complete the project. Funds will be used to self-powered prosthetic limb technology. Suc- Reno, Nevada perform seismic upgrades to existing senior cessful development and deployment of the Address of Requesting Entity: P.O. Box center facilities, such as strengthening the roof Self-Powered Prosthetic Limb Technology will 1900, Reno, NV 89505. system, and the wall structures. Minor bracing create an opportunity for our country’s injured Description of Request: $500,000. The will be used on existing walls, doors and win- soldiers to attain high functional levels with Reno area is ringed by federal lands and each dows. hopes of remaining on active duty in service to year the growing community moves closer to Description and Justification of Funding: their country. the ‘‘wildland/urban interface,’’ zone where the Project would strengthen an existing Senior City limits meet open land. As a result, the Citizen Center facility in Brigham City, Utah, f threat of wildfires reaching and damaging the community grows significantly. The Reno Fire against future seismic threats. Brigham City is EARMARK DECLARATION located along the Wasatch Fault and accord- Department has initiated discussions with re- ing to the U.S. Geological Survey, there is a gional and statewide stakeholders to help resi- 25% chance of a 6.5 to 7.0 earthquake along HON. RALPH M. HALL dents and organizations undertake the needed this fault within the next 100 years. This Sen- OF TEXAS mitigation that would reduce the susceptibility ior Center services thousands of local resi- IN THE HOUSE OF REPRESENTATIVES to wildfire. This Federal funding will expand dents as well as senior populations in outlying fire suppression activities throughout the areas in a large geographical region. Located Tuesday, June 23, 2009 Washoe County area and provide assistance less than one mile downhill from the Wasatch Mr. HALL of Texas. Madam Speaker, pursu- that would be shared by multiple partner agen- Fault, there is a significant chance that lique- ant to the Republican Leadership standards cies. faction of the subsurface would occur during a on earmarks, I am submitting the following in- f major seismic event, and that the center could formation regarding earmarks I received as ENVIRONMENTALLY CONSCIOUS sustain severe damage or, at worst, collapse part of H.R. 2647, National Defense Authoriza- PACKAGING outright resulting in numerous fatalities and tion Act for Fiscal Year 2010: serious injuries. Requesting Member: Congressman RALPH M. HALL HON. JAY INSLEE f Bill Number: H.R. 2647, National Defense OF WASHINGTON IN THE HOUSE OF REPRESENTATIVES MEDIA SHOULD SAVE OPINIONS Authorization Act for Fiscal Year 2010 FOR EDITORIALS Account: RDAF Tuesday, June 23, 2009 Legal Name of Requesting Entity: L–3 Com- Mr. INSLEE. Madam Speaker, it has come HON. LAMAR SMITH munications Integrated Systems to my attention that a number of companies in OF TEXAS Address of Requesting Entity: 10001 Jack the outdoor industry have begun taking steps IN THE HOUSE OF REPRESENTATIVES Finney Boulevard, Greenville, TX 75403 to reduce the amount of packaging that ac- Description of Request: I have secured company their products. I commend the com- Tuesday, June 23, 2009 $2,500,000 for the Rivet Joint Services Ori- panies for their efforts to reduce waste and Mr. SMITH of Texas. Madam Speaker, in ented Architecture (SOA) with L–3 Commu- minimize their environmental footprint. some national newspapers, the line between nications Integrated Systems. Funding for this These businesses have taken meaningful news reporting and opinion has become non- project will fully implement the RC–135 SOA, steps toward the preservation of our planet, existent. Take two recent examples: which will ensure full RIVET JOINT integration and they set a vital example for businesses First, this opinionated sentence from The in the ISR Enterprise, thus meeting USAF/ throughout America. Over the past year, a co- Washington Post on America’s health care DoD/DNI requirements for making ISR data alition of outdoor industry companies worked system: ‘‘Nowhere else in the world is so and information discoverable, accessible, and together to create policies for the reduction of much money spent with such poor results.’’ to enable information sharing. RIVET JOINT consumer waste. I was pleased to learn that Second, this sarcastic comment from The requires continuous, current access to other they have successfully followed through with New York Times on Supreme Court nominee ISR nodes, databases, and special processing these policies, utilizing higher levels of recy- Judge Sotomayor: ‘‘Of course, it is not as if a to accomplish current and projected missions. cled material and reducing the amount of lawyer and judge with a history of involvement At the same time, the ISR Enterprise will ben- packaging used in production. in racial issues has not made it onto the Su- efit greatly from RC–135 provision of ISR As these companies demonstrate, a reduc- preme Court. Thurgood Marshall, a fierce ad- services, both intra- and post-mission. This will tion in waste can be accomplished through a vocate for racial justice as a lawyer for the be achieved by building on current ongoing variety of innovative practices. In order to cut NAACP, sailed onto the highest bench in the RC–135 ground systems, extending the num- down on the use of new materials, one foot- 1960s.’’ ber and performance of ISR services available wear company redesigned their shoeboxes to Amazingly, these blatant opinions are from through these systems, and fully meeting use 100 percent post-recycled content. A fam- front-page news stories, not editorials. USAF/DoD/DNI SOA tenets. I certify that nei- ily-owned business that sells camping equip- Newspapers should report the facts and ther I nor my spouse has any financial interest ment began packaging mattresses in com- save opinions for the editorial page. in this project. pletely degradable plastic bags. Another travel

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 15981 accessories company completely overhauled HONOR COLONEL DANA R. HURST provide year round live fire training to more ef- their packaging program, eliminating about 15 ficiently support soldiers in meeting weapons tons of packaging waste. HON. SHELLEY MOORE CAPITO proficiency and qualification standards, and These companies are a beacon of environ- OF WEST VIRGINIA minimize the amount of time required to complete training. The Light Infantry Doctrine and mental awareness and responsible steward- IN THE HOUSE OF REPRESENTATIVES the missions of the 10th Mountain Division re- ship. They provide an example to all American Tuesday, June 23, 2009 quire higher than normal levels of marksman- businesses involved in manufacturing, which Mrs. CAPITO. Madam Speaker, I rise today ship proficiency and fire discipline. must begin to see the reduction of consumer to honor Colonel Dana R. Hurst, who will retire Requesting Member: JOHN M. MCHUGH waste as an essential step in protecting our from the United States Army effective October Bill Number: H.R. 2647 environment. As members of Congress, it is 1, 2009, after more than twenty-seven years Account: Defense Health Program our responsibility to encourage every industry of service to our nation. Legal Name of Requesting Entity: Fort Drum to begin making such environmentally con- Colonel Hurst, originally from Glen Ellyn, Illi- Regional Health Planning Organization scious choices as these. nois, graduated from Kansas State University (FDRHPO) with a Baccalaureate of Science Degree in Address of Requesting Entity: 120 Wash- f Civil Engineering. In June of 1982, Dana en- ington Street, Suite 302, Watertown, NY listed in the Infantry where he was commis- 13601 EARMARK DECLARATION sioned a Second Lieutenant in the Corps of Provide an earmark of $430,000 to enable Engineers after completion of Officer Can- the FDRHPO to hire the necessary staff and didate School. His command and staff assign- conduct the required assessments. The health HON. MARK E. SOUDER ments have carried him all over the United care delivery model for federal beneficiaries at OF INDIANA States as well as several posts overseas. His Fort Drum is unique as the only MEDDAC with first-rate service has earned him major military a division and no inpatient capabilities. The IN THE HOUSE OF REPRESENTATIVES awards and decorations including the Defense model is a military-community partnership that Tuesday, June 23, 2009 Meritorious Service Medal, Meritorious Service joins the Army medical treatment facility with Medal, Army Commendation Medal, and Army community providers to augment the medical Mr. SOUDER. Madam Speaker, pursuant to Achievement Medal. treatment facilities primary care capability with the House Republican standards on earmarks, For the past three years, Colonel Hurst has specialty care and inpatient services. Through I am submitting the following information re- been the Commander and District Engineer of ongoing collaboration of the FDRHPO, access garding earmarks I received as part of H.R. the Huntington District U.S. Army Corps of En- to quality health care will continue to improve, 2647, The National Defense Authorization Act gineers. He has had the responsibility of car- costs will be reduced, communication will con- of Fiscal Year 2010. rying out the districts mission within the Ohio tinue to increase, additional resources will be leveraged and innovated cooperative health Requesting Member: Congressman MARK River Basin, which includes more than 300 care arrangements and agreements will be SOUDER navigable miles of the Ohio River in West Vir- ginia, Kentucky, and Ohio, plus nine major tested. Bill Number: H.R. 2647 tributaries. Within the 2nd congressional dis- Requesting Member: JOHN M. MCHUGH Account: RDA, 0603807A (PE Number), 70 trict of West Virginia, Colonel Hurst has played Bill Number: H.R. 2647 (Line Number) a vital role in completing a 100 foot by 800 Account: Research and Development, Air Force Legal Name of Requesting Entity: Zimmer foot lock at Marmet which has considerably shortened the time the navigation industry Legal Name of Requesting Entity: Clarkson Inc. uses while reducing costs when moving West University and ITT Address of Requesting Entity: P.O. Box 708, Virginia products to national and international Address of Requesting Entity: Clarkson Uni- Warsaw, IN 46581 markets. versity (8 Clarkson, Potsdam, NY 13699) and ITT AES (474 Phoenix Drive Rome, NY Description of Request: Zimmer has con- It is an honor to recognize Colonel Dana R. 13441) cepts for a pneumatic ‘‘nail’’ gun that would Hurst as he retires from the United States Provide an earmark of $5,000,000 for Cyber fire resorbable darts in rapid succession for Army. I want to congratulate him for his more than twenty years of service and hope he en- Attack and Security Environment (CASE). Op- the purpose of temporarily holding together erating effectively in cyberspace requires a the fragments of complex fractures prior to joys his retirement with his wife Ingrid and two children, Garrett and Mallory. Cyber Command and Control (CC2) system to using standard plates and screws for long- synchronize cyber attack operations, facilitate f term fixation. This type of rapid fixation would analysis of attack results including measures simplify and speed the time of surgery by EARMARK DECLARATION of effectiveness, and deconflict friendly use of eliminating the cumbersome need for metallic cyberspace. The objective of ITT’s proposed pins and clamps. A civilian version of this gun HON. JOHN M. McHUGH effort is to conceptualize and demonstrate the would use darts are intended to function for technologies necessary to systematically co- minutes and then resorb over months. A mili- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES ordinate, plan, and execute offensive cyber tary version could be designed that provided campaigns; determine effects associated with fixation for days allowing for the safe transfer Tuesday, June 23, 2009 an offensive cyber weapon; monitor/evaluate of these patients from near-battlefield medical Mr. MCHUGH. Madam Speaker, pursuant to events that occur in cyberspace; and ulti- units to base hospitals for more extensive the Republican Leadership standards on ear- mately achieve situational awareness of cyber- care. Many of these fractures are difficult to marks, I am submitting the following informa- space with an overall goal of achieving domi- brace, splint or cast. Closed reduction and tion regarding earmarks I received as part of nance within that critical realm. Alpha and maintenance may be possible; further reduc- H.R. 2647, the National Defense Authorization beta testing throughout the lifecycle of this ing the risk of infection. There is currently no Act for Fiscal Year 2010. project will occur at a secure military installa- other product on the market that addresses Requesting Member: JOHN M. MCHUGH tion in upstate New York. A significant partner these specific unmet needs. Zimmer estimates Bill Number: H.R. 2647 in this effort is Clarkson University through its that resourcing for a project of this magnitude Account: Military Construction, Army complex networks group, its biometrics group, will require in excess of six professional/tech- Name of Military Installation: Fort Drum critical electric power/large scale systems fac- nical FTE’s (full-time equivalent employees) Address of Requesting Entity: Fort Drum, ulty, and cryptographic protocol analysis re- each year for a period of extending through New York 13601 searchers, who will provide subject matter ex- and potentially beyond FY 2011. Although the Provide an earmark of $8,200,000 in MCA pertise and project research. The results of precise number can’t be calculated at this to build an All Weather Marksmanship Facility the CASE effort will help form a strategic part- point, a substantial number of production and at Fort Drum, New York. Currently, Fort Drum nership between AFRL Rome and Air Force’s process workers (at the Warsaw facility) will has only one operational All Weather Marks- Global Cyberspace Integration Center (GCIC) be required to commercialize this product. manship Facility. The project is required to located on LAFB, VA. The addition of $5M in

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15982 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 FY10 for CASE will demonstrate the tech- Provide an earmark of $5,000,000 for the ing the 10th Mountain Division, have never nologies necessary to systematically coordi- Personal Status Monitor (Nightengale). Welch had sufficient operational funds to replace nate, plan, and execute offensive cyber cam- Allyn is actively working on a project to mon- their war-torn M-Gator fleet. The funding is to paigns while maintaining defensive continuity. itor the health status of a soldier, remotely provide M-Gators to the 10th Mountain Divi- Requesting Member: JOHN M. MCHUGH communicating the data to obtain the most ap- sion. Bill Number: H.R. 2647 propriate level of care in a forward combat en- Requesting Member: JOHN M. MCHUGH Account: Research and Development, Navy vironment, which is essential for medical and Bill Number: H.R. 2647 Legal Name of Requesting Entity: Trudeau military strategic decision-making. The Re- Account: Research and Development, Navy Institute search and Development funding for this Legal Name of Requesting Entity: Lockheed Address of Requesting Entity: Trudeau Insti- project will allow Welch Allyn to further de- Martin tute (154 Algonquin Avenue Saranac Lake, velop its smart sensing technologies. These Address of Requesting Entity: 497 Elec- NY 12983) technologies provide on-body sensing of phys- tronics Parkway, Syracuse, NY 13088 Provide an earmark of $8,000,000 for the iologic parameters that can be relayed to a re- Provide an earmark of $4,700,000 for the U.S. Navy Pandemic Influenza Vaccine Pro- mote server by means of a series of wireless Future Generation Thinline Towed Array (TB– gram: Enhancement of Influenza Vaccine Effi- relay devices for notification in the case of a 29A). Towed arrays are the primary long cacy. Prevention of seasonal and pandemic critical or life threatening event. Specifically, range ASW sensor systems for search, acous- influenza remains a significant unmet need for the technology consists of wearable sensors tic intelligence collection, and self-defense on the U.S. armed forces. Influenza in active duty with RF communication to observation sta- today’s submarines. The Thinline TB–29 se- personnel and dependents compromises force tions, doctor’s offices, electronic patient ries Submarine Towed Array is the premier readiness and impacts training. The funding records, and hospital information systems, sensor in the submarine fleet today. The TB– for the proposed project will help advance the providing anywhere, anytime access to real- 29A delivers enhanced performance at half development of novel techniques for enhanc- time or archived patient information. Applica- the acquisition and life cycle support costs of ing vaccine efficacy to promote Force Readi- tions include deployment on individuals or its predecessors. It also uses a lightweight tow ness and general health of the members of groups of individuals who are subject to cata- cable allowing operation of the array in a lit- the Armed Services and their dependents. strophic physiologic events such as military toral environment. The design of the TB–29A Requesting Member: JOHN M. MCHUGH personnel, public safety personnel and those has not achieved the desired reliability for opti- Bill Number: H.R. 2647 with cardiovascular disease. mum fleet operations. Telemetry components Account: Research and Development, Army and connectors are primary failure points after Legal Name of Requesting Entity: Syracuse Requesting Member: JOHN M. MCHUGH Bill Number: H.R. 2647 frequent reeling in and out of the submarine. Research Corporation The funding will help develop a modernized Address of Requesting Entity: 7502 Round Account: Aircraft Procurement, Army Legal Name of Requesting Entity: Rockwell design, resulting in a new, low risk thinline Pond Road North Syracuse, NY 13212 submarine towed array that provides signifi- Provide an earmark of $5,000,000 for the Collins, Inc. Address of Requesting Entity: Rockwell Col- cant reliability improvements, equal perform- Foliage Penetrating, Reconnaissance, Surveil- ance and lower life cycle cost compared to lance, Tracking, and Engagement Radar lins, Address: 33 Lewis Road, Binghamton, NY 13905 (Hqs: 400 Collins Rd., Cedar Rap- current arrays. (FORESTER). U.S. Forces currently have no Requesting Member: JOHN M. MCHUGH radar capability to detect and track activity ids, IA 52498) Provide an earmark of $2,000,000 for the Bill Number: H.R. 2647 under foliage. FORESTER is an airborne sen- Common Avionics Architecture System Account: Research and Development, De- sor system that provides standoff and per- (CAAS–PVI) CH–47F. The funding for the fense-Wide sistent wide-area surveillance of dismounted Legal Name of Requesting Entity: Sensis project will help reduce pilot workload to assist troops and vehicles moving through foliage. Corporation Army pilots and crewmembers as they pros- The Phase II funding will help transition FOR- Address of Requesting Entity: 85 Collamer ecute the war on terror. This proposal is to ESTER to the User community, and apply the Crossings, East Syracuse, NY 13057 make timely long lasting changes to the CAAS technology to additional platforms and U.S. Provide an earmark of $2,000,000 for the cockpit of the CH–47F aircraft through an ef- border security applications, providing U.S. SOF Craft Integrated Backbone. Most SOF fective Pilot Vehicle Interface program. The re- forces a critical new capability to detect and craft vehicles have limited space available for sults of such activity will reduce aircrew work- track activity under foliage. hardware but continue to require additional load and deliver a safer more usable system Requesting Member: JOHN M. MCHUGH systems to complete their missions. The SOF Bill Number: H.R. 2647 to the field. Once completed, the CAAS cock- Craft Integrated Backbone will provide an inte- Account: Research and Development, Army pit will be suitably aligned for future integration grated data processing system in order to con- Legal Name of Requesting Entity: Legend into all conventional Army rotary wing aircraft. solidate the number of computer processors Technologies Requesting Member: JOHN M. MCHUGH on the vehicle, thus resulting in a reduction of Address of Requesting Entity: 1541 Front Bill Number: H.R. 2647 size, weight, and power (SWAP) requirements Account: Operations and Maintenance, Street, Keeseville, New York 12944 for the craft. The program will significantly re- Army Provide an earmark of $2,000,000 for the duce the physical footprint of the data proc- Legal Name of Requesting Entity: John Remote Sighting System. Currently available essing system on the craft while maintaining Deere optical technologies are not optimal for the the critical flexibility needed to provide for fu- Address of Requesting Entity: 2000 John various ‘‘Robotic’’ platforms currently being ture technology upgrades. FY2010 funding will Deere Run, Cary, NC 27513 fielded. These platforms are only as good as help leverage current sensor technology and Provide for an earmark of $2,000,000 for their ability to ‘‘See.’’ The final funding install- open architecture COTS processing with vast the M-Gator. The M-Gator is a proven asset to ment will allow for the outfitting of production experience integrating dispirit sensor systems our troops around the globe in support of the facility in Keeseville, New York, for manufac- to command and control stations. The SOF Global War on Terror and provides a unique ture of the Remote Sighting System from a Craft Integrated Backbone will provide capability that does not exist in the Army domestic source. Consistent with current De- SOCOM with a solution prototype for full scale equipment inventory. M-Gators fill critical partment of Defense mandates and overall testing within 12 months. equipment shortages in Infantry, Aviation, Mili- goals, the RSS can be used across platforms, f which results in future savings, increased tary Police, Combat and Field Service Hos- troop security and safety. pitals, Special Operations, and other Combat EARMARK DECLARATION Requesting Member: JOHN M. MCHUGH Support and Combat Service Support units. Bill Number: H.R. 2647 The M-Gator enjoys an enviable reputation be- HON. RANDY NEUGEBAUER Account: Research and Development, Army cause of its ruggedness, load-carrying capa- OF TEXAS bility, and reliability. It has proven to be a key Legal Name of Requesting Entity: Welch IN THE HOUSE OF REPRESENTATIVES Allyn, Inc. asset to our troops around the globe in sup- Address of Requesting Entity: 4341 State port of the Global War on Terror and provides Tuesday, June 23, 2009 Street Road, Skaneateles Falls, New York a unique capability that does not exist in the Mr. NEUGEBAUER. Madam Speaker, pur- 13152 Army equipment inventory. Army units, includ- suant to the Republican standards on member

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 15983 requests, I am submitting the following infor- Legal Name of Requesting Entity: Ft. Camp- EARMARK DECLARATION mation regarding a congressionally directed bell, KY project in H.R. 2647, The National Defense Address of Requesting Entity: Fort Camp- HON. SAM GRAVES Authorization Act of Fiscal Year 2010. bell, 39 Normandy Ave, Ft. Campbell, KY OF MISSOURI Agency/Account: Research and Develop- 42223 IN THE HOUSE OF REPRESENTATIVES ment, Army Description of Request: The money Amount: $8,500,000 ($14,400.00) will be used to construct a 1,200- Tuesday, June 23, 2009 Requesting Entity: Texas Tech University, seat (32,900 SF) chapel/family life multi-pur- Mr. GRAVES. Madam Speaker, pursuant to 2500 Broadway, Lubbock, TX 79409 pose facility which includes a worship center, the Republican Leadership standards on ear- This funding will focus on developing com- activity/fellowship center, chaplain family life marks, I am submitting the following informa- pact electromagnetic generators for integration and pastoral care center, resource center, tion regarding an earmark I received as part of into standard weapons systems for defense multimedia center, multi-purpose education H.R. 2892, the Department of Homeland Se- applications that require the destruction of classrooms, kitchen, storage areas, restrooms, curity Appropriations Act, 2010: electronic hardware while minimizing collateral and circulation area. Congressman SAM GRAVES (MO–6) damage. Examples of applications include Requesting Member: Congressman ED Department of Homeland Security, FEMA/ placement on HUMVEES, in cruise missiles WHITFIELD Pre-disaster Mitigation Account—$175,000 to and attached to unmanned aerial vehicles Bill Number: Interior, Environment, and Re- the City of Maryville, MO, for Storm Siren Re- (UAVs). A key target of this technology is the lated Agencies Appropriations Act placement (City of Maryville, MO, Department disruption of remote detonation electronics Account: STAG Water and Wastewater In- of Public Safety, 222 East Third Street, Mary- used in improvised roadside bombs and inner- frastructure Project ville, MO 64468) city car-bombs. Legal Name of Requesting Entity: City of The federal funding I obtained for the City of f Tompkinsville Maryville in my congressional district will be Address of Requesting Entity: 206 North used to upgrade their emergency storm siren EARMARK DECLARATION Magnolia Street, Tompkinsville, KY 42167 system. The City of Maryville is the largest Description of Request: The Project will in- community in northwest Missouri, having a HON. ED WHITFIELD stall a backwash lagoon at the Tompkinsville population of over 10,500. The community is OF KENTUCKY Water Treatment Plant. The existing lagoons home to Northwest Missouri State University IN THE HOUSE OF REPRESENTATIVES are undersized and do not provide enough de- and houses nearly all of the manufacturing in- Tuesday, June 23, 2009 tention time for the solids to settle out. These dustry in the region. funds will help the citizens of Tompkinsville In recent years, Maryville has experienced a Mr. WHITFIELD. Madam Speaker, pursuant abide by the environmental requirements of number of natural disasters, including flooding to the Republican Leadership standards on the Kentucky Division of Water. The amount and tornadoes. The current warning system in earmarks, I am submitting the following infor- the City will be receiving is $189,000 and will place for the residents of the community is mation regarding earmarks I received as part serve over 2500 households in the town pro- made up of five Civil Defense Sirens, which of the FY2010 National Defense Authorization tecting citizens’ health, the environment, and are extremely old and deteriorated. The city Act and the FY2010 Department of the Inte- allowing for community growth. has also grown in size, which has created rior, Environment, and Related Agencies Ap- some ‘‘dead spots’’ where citizens cannot hear propriations Act. f the warning sirens. Requesting Member: Congressman ED As such, the city will use the federal funds EARMARK DECLARATION WHITFIELD obtained to purchase five storm sirens. Four of Bill Number: H.R. 2647, the National De- the existing sirens throughout the city will be fense Authorization Act of Fiscal Year 2010 HON. RODNEY P. FRELINGHUYSEN replaced, as well as one siren to be located at Account: Army OF NEW JERSEY Mozingo Lake, a recreation and fishing des- Legal Name of Requesting Entity: Ft. Camp- IN THE HOUSE OF REPRESENTATIVES tination in the region. The new sirens will be bell, KY Tuesday, June 23, 2009 multi-directional sirens, which will double the Address of Requesting Entity: Fort Camp- current sound projection radius and address bell, 39 Normandy Ave, Ft. Campbell, KY Mr. FRELINGHUYSEN. Madam Speaker, the community’s concern with ‘‘dead spots’’. 42223 pursuant to the Republican Leadership stand- An up-to-date warning system is imperative to Description of Request: The money ards on earmarks, I am submitting the fol- notify all the families and individuals in the re- ($900,000) will be used to construct a stand- lowing information regarding earmarks I region to ensure their safety. ceived as a part of H.R. 2892, the Department ard design Medium Physical Fitness Complex. f The Physical Fitness Facility is composed of of Homeland Security Appropriations Act of multipurpose physical training and equipment 2010. EARMARK DECLARATION center. Additionally, the money will be used to Title III: Protection, Preparedness, Re- construct a standard design lighted multipur- sponse, and Recovery HON. TOM LATHAM pose athletics field. Sustainable Design and The 11th Congressional District was directly OF IOWA impacted by the events of 9/11 and it is critical Development (SDD) and Energy Policy Act of IN THE HOUSE OF REPRESENTATIVES 2005 (EPAct05) features will be provided. to continue to make direct investments to im- Supporting facilities include site development, prove first responder and law enforcement Tuesday, June 23, 2009 utilities and connections, lighting, paving, park- communications and for like technology and Mr. LATHAM. Madam Speaker, pursuant to ing, walks, curbs and gutters, storm drainage, equipment upgrades. the new House Republican standards on ear- information systems, demolition, landscaping Bill Number: H.R. 2892 marks, I am submitting the following informa- and signage. An upgrade to an existing trans- Account: Federal Emergency Management tion. former station is required. Measures in accord- Agency, Emergency Operations Centers Bill Number: H.R. 2892, the Department of ance with the Department of Defense (DoD) Legal Name of Entity: Morris County, New Homeland Security Appropriations Act for Fis- Minimum Antiterrorism for Buildings standards Jersey Office of Emergency Management cal Year 2010 will be provided. Access for individuals with Address of Requesting Entity: P.O. Box 900, Project Name: Emergency Operations Cen- disabilities will be available. Comprehensive Morristown, New Jersey 07960 ter building and furnishings related interior design Funding Level: $1,000,000 Amount: $600,000 services are required. Description of Request: It is my under- Account: State and Local Programs Requesting Member: Congressman ED standing that the funding will be used to de- Recipient: City of Ames, Iowa WHITFIELD sign and construct a state-of-the-art, environ- Recipient’s Street Address: 515 Clark Ave- Bill Number: H.R. 2647, the National De- mentally sound, emergency operations center nue, Ames, IA 50010 fense Authorization Act of Fiscal Year 2010 to consolidate the interoperable security Description: This project is a renovation of Account: Army across the entire county. the current Emergency Operations Center in

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15984 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 Ames, IA. It is necessary to accommodate up- Address of Requesting Entity: 1300 Perdido Account: Military Construction, Air Force dated incident command facility needs—in Street, Suite 4W07, New Orleans, LA 70112 Amount: $6,900,000 cases of both natural disasters and man-made Description of Request: I have secured Explanation: The existing Radar Approach incidents. Local emergency operations centers $750,000 for the New Orleans Emergency Control (RAPCON) Complex and Ground to are critical components in the nation’s emer- Medical Services. The funding would be used Air Transmitter/Receiver (GATR) at Seymour gency network. The Ames, IA Center is par- to provide a permanent Emergency Oper- Johnson Air Force Base are inadequately con- ticularly important as it is located in an impor- ations Center and base of operation for the figured for today’s mission and high-tech tant agricultural production region that is cru- sole 9–1–1 emergency medical service pro- equipment. Replacing these facilities would cial to the nation’s food supply; the Ames vider for the city of New Orleans. Secure improve Air Force operations and safety and Emergency Operations Center is also located medication, equipment storage, and training save money by sharply reducing the cost of near the National Animal Disease Center, an areas are needed to better serve the citizens maintaining the existing outdated infrastruc- important player in any agro-terrorism incident. of New Orleans. I certify that neither I nor my ture. Given the significance of the threat of agro-ter- spouse has any financial interest in this f rorism, it is important that this Center be as- project. EARMARK DECLARATION up-to-date as possible in its operating capac- Requesting Member: Congressman STEVE ity. SCALISE f Bill Number: Fiscal Year 2010 Homeland HON. JOE WILSON Security Appropriations Bill OF SOUTH CAROLINA EARMARK DECLARATION Account: Federal Emergency Management IN THE HOUSE OF REPRESENTATIVES Agency, State and Local Programs Tuesday, June 23, 2009 Legal Name of Requesting Entity: Wash- HON. JOHN ABNEY CULBERSON Mr. WILSON of South Carolina. Madam ington Parish Government OF TEXAS Speaker, pursuant to the Republican Leader- IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: 909 Pearl Street, Franklinton, LA 70438 ship standards on earmarks, I am submitting Tuesday, June 23, 2009 Description of Request: I have secured the following information regarding earmarks I Mr. CULBERSON. Madam Speaker, pursu- $350,000 for the Washington Parish Govern- received as part of the National Defense Au- ant to the Republican Leadership standards ment. The funding would be used to provide thorization Act for Fiscal Year 2010. on earmarks, I am submitting the following infor an Emergency Operations/9–1–1 Multi- Requesting Member: Congressman JOE formation regarding earmarks I received as Agency Communications Center to coordinate WILSON Bill Number: H.R. 2647—National Defense part of H.R. 2892, the FY2010 Department of electronic, telephone, satellite and radio com- Authorization Act for Fiscal Year 2010 Homeland Security Appropriations bill: munications between law enforcement, fire, Account: Research, Development, Test and Requesting Member: Congressman JOHN EMS, hospitals, and Emergency Management Evaluation, Army CULBERSON. Agencies. I certify that neither I nor my spouse Bill Number: H.R. 2892 Legal Name of Requesting Entity: University has any financial interest in this project. of South Carolina Account: Department of Homeland Security, f Federal Emergency Management Agency, Address of Requesting Entity: 208 Osborne Predisaster Mitigation account. EARMARK DECLARATION Building—Pendleton Street, Columbia, SC Legal Name and Address of Requesting En- 29208 Description of Request: I have secured tity: Harris County Flood Control District, HON. WALTER B. JONES $6,000,000 for the Brain Injury Recovery Clinic 99000 Northwest Freeway, Suite 220, Hous- OF NORTH CAROLINA at the University of South Carolina. Soldiers ton, Texas 77092. IN THE HOUSE OF REPRESENTATIVES Description of Request: Provide $1,000,000 returning home from Iraq and Afghanistan are Tuesday, June 23, 2009 to the Harris County Flood Control District for experiencing an increased number of head in- the voluntary acquisition and demolition of ap- Mr. JONES. Madam Speaker, pursuant to juries related to blasts and explosions com- proximately 38 homes located deep in the the Republican Leadership standards on ear- pared to soldiers of previous conflicts. It is floodway and floodplain of the White Oak Wa- marks, I am submitting the following informa- therefore important for us to understand blast tershed of Harris County, Texas. The Harris tion regarding earmarks I received as part of injury, its pathophysiology, methods for detect- County Flood Control District is charged with H.R. 2647, National Defense Authorization Act ing traumatic brain injury, and how these sol- devising the flood damage reduction plans for for Fiscal Year 2010. diers can be best treated. Mechanisms of the county, implementing the plans, and main- Rep. WALTER B. JONES brain injury in war are unlike those of most in- taining the infrastructure covering a 1,756 Project: U.S. Navy Cancer Vaccine Program juries encountered in civilian life. The Univer- square mile area. Recipient: OncBioMune, LLC, 17050 Med- sity of South Carolina has established a pri- ical Drive, 4th Floor, Baton Rouge, LA 70816 ority focus area on the study of brain injury f Account: Research & Development, Navy and developed novel treatment possibilities to EARMARK DECLARATION Amount: $4,000,000 treat head injuries. This funding will establish Explanation: The U.S. Navy Cancer Vaccine a brain injury recovery clinic for returning sol- HON. STEVE SCALISE– Program was initiated in 2005 and was the diers at the University of South Carolina and first cancer vaccine program conducted at the OF LOUISIANA study better and more efficient ways to treat Naval Health Research Center. It has received IN THE HOUSE OF REPRESENTATIVES blast-related head injuries. This research clinic congressional appropriations beginning in will also provide jobs for the economically de- Tuesday, June 23, 2009 FY06. Currently, U.S. military health authori- pressed Columbia, SC region. Matching fund- Mr. SCALISE. Madam Speaker, pursuant to ties estimate that in the past year alone, $42 ing ($6M) from the State of South Carolina is the Republican Leadership standards on Con- million was spent on direct health care costs available by housing this Brain Injury Recov- gressionally-directed project funding, I am sub- in the military healthcare system related to ery Clinic in the newly constructed Discovery mitting the following information regarding prostate cancer. Continued development of 1 research building. This new research build- project funding I requested for Southeast Lou- the vaccine through this project will save the ing is located in the Innovista portion of the isiana as part of the Fiscal Year 2010 Home- lives of military personnel suffering from can- University of South Carolina campus. I certify land Security Appropriations Act. cer as well as reduce health care costs in the that neither I nor my spouse has any financial Requesting Member: Congressman STEVE military healthcare system. interest in this project. SCALISE Rep. WALTER B. JONES Requesting Member: Congressman JOE Bill Number: Fiscal Year 2010 Homeland Project: Radar Approach Control (RAPCON) WILSON Security Appropriations Bill Complex at Seymour Johnson Air Force Base Bill Number: H.R. 2647—National Defense Account: Federal Emergency Management Phase 1 Authorization Act for Fiscal Year 2010 Agency, State and Local Programs Recipient: Seymour Johnson Air Force Account: Other Procurement, Air Force Legal Name of Requesting Entity: New Orle- Base, 1510 Wright Brothers Ave., Seymour Legal Name of Requesting Entity: South ans Emergency Medical Services Johnson AFB, NC 27531 Carolina Air National Guard

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 15985 Address of Requesting Entity: McEntire Description of Request: I have secured Description of Request: I have secured JNGB, 1325 South Carolina Rd., Eastover, SC $8,200,000 for the South Carolina Research $1,300,000 for the Joint Use Headquarters 29044 Authority’s Highly Integrated Production for Building at McEntire Joint National Guard Description of Request: I have secured Expediting Reset (HIPER). The funding will Base. This is the SC Air National Guard por- $2,000,000 for the South Carolina Air National drive downstream efficiencies in manufacturing tion of the construction money for the SCNG Guard Eagle Vision Upgrade. Eagle Vision and quality inspection by enabling the utiliza- Joint Use Headquarters Building currently (EV) is a USAF mobile satellite imagery col- tion of laser scanning technology to signifi- funded as part of the FY10 FYDP. Number lection and processing system assigned to the cantly shorten the time and lower the cost for One on the Chief of the National Guard Bu- SC ANG that will be used as a wartime re- resetting and modernizing the military’s small reau’s ‘‘Essential 10’’ capabilities list, the Joint source in the war on terrorism as well as a arms and crew-served weapons. HIPER will Forces Headquarters is the most critical trans- counter drug and Homeland Security asset in implement a program which ensures the provi- formation the National Guard has undergone the United States. Funding would upgrade the sion of the best and safest weaponry to the since 2001. What used to be the State Area EV system at McEntire JNGB to include a 1 warfighter and in the quickest and most effi- Command (STARC) and Air Guard State meter infrared capability. Emergency planners cient way, by replacing parts and resetting Headquarters, administrative organizations for and responders would be able to look through weapons more quickly and at reduced cost. peacetime control of units, has developed into clouds and smoke with infrared enabling them This will help keep our troops safe and fully a sophisticated headquarters and communica- to plan responses during an emergency in- equipped with the optimum defense mecha- tions node capable of assuming command and stead of reacting afterward. Matching funds nisms they need to effectively complete their control of units from all services and compo- are not applicable. I certify that neither I nor missions, while using cutting-edge technology nents when responding to a domestic emer- my spouse has any financial interest in this to reduce costs and lower wait times. To gency. Tested and proven during multiple Na- project. achieve this goal SCRA will be relying on in- tional Security Events in 2004, these head- Requesting Member: Congressman JOE dustry and government partners in numerous quarters were further validated by hurricanes WILSON states, resulting in employment sustained and Katrina and Rita. However, the ANG and Bill Number: H.R. 2647—National Defense created via manufacturing and research re- ARNG state headquarters functions and the Authorization Act for Fiscal Year 2010 quirements. Matching funds are not applicable. TAG Joint Staff are inefficiently dispersed cur- Account: Other Procurement, Army I certify that neither I nor my spouse has any rently. Consolidation in one location will opti- Legal Name of Requesting Entity: Trenton financial interest in this project. mize operations and ensure critical Oper- Plastics Requesting Member: Congressman JOE ational and Communications Security. Match- Address of Requesting Entity: 601 E Wise WILSON ing funds are not applicable. I certify that nei- Bill Number: H.R. 2647—National Defense Street, Trenton, SC 29847 ther I nor my spouse has any financial interest Description of Request: I have secured Authorization Act for Fiscal Year 2010 Account: Research, Development, Test, and in this project. $5,000,000 for Trenton Plastics for the High Requesting Member: Congressman JOE Mobility Multi-Purpose Wheeled Vehicle Evaluation, Army Legal Name of Requesting Entity: Lifeblood WILSON (HMMWV). The appropriation of $5,000,000 Medical Bill Number: H.R. 2647—National Defense for fire suppression kits (fuel tank fire suppres- Address of Requesting Entity: 10120 Two Authorization Act for Fiscal Year 2010 sion FIRE Panels) will be applied to existing Notch Road, Suite 2, Columbia, South Caro- Account: Research, Development, Test, and HMMWVs and new production HMMWVs or lina 29223 Evaluation, Army ECV2s. The FIRE Panel product is applied to Description of Request: I have secured Legal Name of Requesting Entity: AGY fuel tanks and mitigates the fire and sec- $3,000,000 for the Lifeblood Medical’s Human Holding Corporation ondary explosions that occur when unpro- Organ and Tissue Preservation Technology Address of Requesting Entity: 2556 tected fuel tanks are attacked by Improvised (HOTPT). Funding will be used to continue Wagener Rd., Aiken, SC 29801 Explosive Devices, Rocket Propelled Gre- and advance studies for Oxygen Therapeutics Description of Request: I have secured nades or Explosively Formed Penetrators. and Extending Room Temperature Organ $3,300,000 for the AGY Holding Corporation’s FIRE Panels consist of a hard, durable plastic Preservation so that the technology can be Next Generation High Strength Glass Fibers shell (blow molded by Trenton Plastics) that brought to FDA for approval. The use of funds for Ballistic Armor Applications. This program are then filled with ‘‘Black Widow’’, a highly ef- is justified due to the potential of finding the accelerates the development of next genera- fective dry chemical fire suppression agent. first approved oxygen therapeutics which will tion high strength glass fibers used in com- These FIRE Panels can be formed/blow mold- solve the world issue of a lack of donated posite armoring materials. This means lighter, ed to fit any style of fuel tank. Insurgents, over blood for trauma, military and casualty use. stronger composite vehicle armor without sac- the past several years, consistently target fuel The use of funds is justified so that the supply rificing the ballistic protection needed to maxi- tanks on vehicles because of the large sec- of organs for transplantation can adequately mize soldier survivability. Additionally, this pro- ondary fires and explosions that they cause. meet the demand through extending the pres- gram supports the domestic industrial base for These fires and secondary explosions have in- ervation time at room temperature. Large ani- armor materials production. Some of the glass creased the number of solider and marine re- mal studies have proven successful in both fiber used in composite vehicle armors is man- lated deaths due to the fires, increased the oxygen therapeutics and organ preservation. ufactured outside the U.S. Developing the next number of soldiers and marines with severe Prior DoD funds have also proven that the generation high strength glass fibers at AGY burn injuries and cause the destruction and Lifeblood technology can reverse cell damage will reduce dependency on foreign sources for total loss of vehicles. By installing FIRE Pan- and render organs that are labeled a critical material, and also save U.S. jobs. els on HMMWVs the Army will experience untransplantable into an acceptable organ for Next generation high strength glass fibers can fewer losses of lives, reduce medical costs for donation and transplantation. Matching funds also be utilized by the commercial sector to transport, acute care and long term care re- will be provided by cash on hand, licensing lighten and improve armoring used on law en- lated to burn injuries and save vehicles. fee revenues, and product sales. I certify that forcement vehicles and armored bank cars, re- Matching funds are not applicable. I certify neither I nor my spouse has any financial in- sulting in better protection for personnel, im- that neither I nor my spouse has any financial terest in this project. proved fuel economy, and reduced emissions. interest in this project. Requesting Member: Congressman JOE Matching funds are not applicable. I certify Requesting Member: Congressman JOE WILSON that neither I nor my spouse has any financial WILSON Bill Number: H.R. 2647—National Defense interest in this project. Bill Number: H.R. 2647—National Defense Authorization Act for Fiscal Year 2010 Requesting Member: Congressman JOE Authorization Act for Fiscal Year 2010 Account: Military Construction, Air National WILSON Account: Research, Development, Test, and Guard Bill Number: H.R. 2647—National Defense Evaluation, Army Legal Name of Requesting Entity: South Authorization Act for Fiscal Year 2010 Legal Name of Requesting Entity: South Carolina Air National Guard, McEntire JNGB Account: Research, Development, Test, and Carolina Research Authority Address of Requesting Entity: McEntire Evaluation, Army Address of Requesting Entity: 1330 Lady JNGB, 1325 South Carolina Rd., Eastover, SC Legal Name of Requesting Entity: Street, No. 503, Columbia, SC 29201 29044 EngenuitySC

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.000 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15986 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 Address of Requesting Entity: 1201 Main Account: Procurement, Defense Wide utilizes information derived from onboard sen- Street, Suite 250, Columbia, SC 29201 Legal Name of Requesting Entity: FN Manu- sors to indicate the state and health of the hel- Description of Request: I have secured facturing, LLC icopter drive system and rotational compo- $3,550,000 for EngenuitySC’s Fort Jackson Address of Requesting Entity: 797 Old nents. VMEP enabled the SCARNG to realize Renewable Energy Project. The Fort Jackson Clemson Road, Columbia, SC 29229–4203 a total savings in parts costs over a 12-month Renewable Energy Project will create a ‘‘mini- Description of Request: I have secured period of $1.4 million, as well as an increase grid’’ for providing renewable power to mis- $4,300,000 for FN Manufacturing to continue in mission capable rates. These funds would sion-critical electrical loads at Fort Jackson, production of the Special Operations Combat ensure that the South Carolina Army National South Carolina, using large stationary fuel Assault Rifle (SCAR). The SCAR was selected Guard aviation program stays in the forefront cells operating on biogas generated from solid after a full and open competition. It meets vali- of embedded technology doctrine. Matching waste streams indigenous to the Fort. The dated U.S. SOCOM requirements for a 21st funds are not applicable. I certify that neither project will assist the Army in meeting its on- Century modular battle rifle available in 5.56 I nor my spouse has any financial interest in site renewable energy generation goals, as mm and 7.62 mm, and with Close Quarter this project. well as meeting the security goal of segre- Battle, Long-Range, and Sniper variants. Fed- Requesting Member: Congressman JOE gating critical power requirements from non- eral/taxpayer funding of the SCAR program WILSON critical power requirements, and producing a will provide U.S. Special Operations Forces Bill Number: H.R. 2647—National Defense substantial portion of the critical power re- with a far more effective and reliable combat Authorization Act for Fiscal Year 2010 quirements on-site. The project will also pro- rifle than the current M–4/M–16 family of rifles. Account: Other Procurement, Army vide a model for the Department of Defense to In its various modular configurations, the Legal Name of Requesting Entity: Dynamic use at other installations to achieve these SCAR will replace five different rifles now in Animation Systems, Inc. same goals. Finally, it will provide the Army use, greatly reducing the need for mainte- Address of Requesting Entity: 12015 Lee with access to major renewable and alter- nance and logistics support and associated Jackson Memorial Hwy, #200, Fairfax, VA native energy technology providers and part- costs. Matching funds are not applicable. I 22033 ners through the Columbia region’s existing certify that neither I nor my spouse has any fi- Description of Request: I have secured hydrogen and fuel cell partnerships, as well as nancial interest in this project. $4,800,000 for Dynamic Animation Systems to access to other fuel cell researchers and ap- Requesting Member: Congressman JOE procure the Virtual Interactive Combat Envi- plied research programs underway in the re- WILSON ronment (V.I.C.E.) for the Basic Combat Train- gion. EngenuitySC will contribute non-federal Bill Number: H.R. 2647—National Defense ing Center of Excellence at Fort Jackson. matching funds to the project. Specific match Authorization Act for Fiscal Year 2010 V.I.C.E. is a rapidly deployable turnkey solu- funding for the requested project is pending Account: Research, Development, Test, and tion that provides maintainable, adaptable sys- receipt of federal funding. I certify that neither Evaluation, Army tems which the Course Manager will use to I nor my spouse has any financial interest in Legal Name of Requesting Entity: Advanced more effectively train Soldiers of the Basic this project. Technology Institute Combat Training Center of Excellence in their Requesting Member: Congressman JOE Address of Requesting Entity: 5300 Inter- Warrior Tasks and Battle Drills, including IED WILSON national Blvd., North Charleston, SC 29418 Detect and Defeat. V.I.C.E. offers easily Bill Number: H.R. 2647—National Defense Description of Request: I have secured reconfigurable solutions that facilitate indi- Authorization Act for Fiscal Year 2010 $4,000,000 for Advanced Technology Institute Account: Operations and Maintenance, De- vidual, fire team, and squad level training. to continue the Vanadium Technology Pro- fense Wide Within this framework, V.I.C.E. provides the Legal Name of Requesting Entity: Celebrate gram. The Vanadium Technology Program capability to support rapidly evolving rules of Freedom Foundation funds the research, development and proto- engagement (ROE) and strategic objectives Address of Requesting Entity: 455 St. An- type-testing necessary to implement vanadium associated with full-spectrum operations. drews Road, C–1, Columbia, SC 29210 alloyed steel into warfighter protection and V.I.C.E. allows instructors to efficiently train Description of Request: I have secured mobility. This funding builds on successes ac- doctrinal tasks, as well as, tactics, techniques $3,400,000 for Celebrate Freedom Founda- complished previously which include: reduc- and procedures (TTPs) for combat, peace- tion’s SOaR Recruiting Initiative. The Depart- tions in weight, fabrication cost, and welding keeping, and humanitarian missions. V.I.C.E. ment of Defense provided the Celebrate Free- costs of 21 percent, 10 percent, and 53 per- also supports the interoperability standards re- dom Foundation with over $30 million of high cent respectively, leading to a smaller, higher- quired to leverage the capabilities of existing technology resources to support education performing vanadium steel trailer design for systems. The funds will procure Virtual Inter- and recruiting. One time funding is necessary the Army/Marine Joint Light Tactical Vehicle active Combat Environment (V.I.C.E.) systems to permit the utilization of this technology to System; a longer span temporary bridge, de- (including hardware, software, installation, further our national interests and to signifi- signed by the Army Corps of Engineers and support) for Fort Jackson, thereby keeping cantly help generate the military recruit’s and the University of South Carolina, to bridge Fort Jackson on the cutting edge of military civilian workforce that our nation needs now road gaps in combat regions like Iraq; and, a training capability. The Course Manager of the and in the future. The program focuses on a new class of lighter, longer span trusses and Basic Combat Training Center of Excellence broad range of high skilled military occupa- joists, based on vanadium hot rolled steel at Fort Jackson requires federal assistance in tional vacancies, workforce training, and it pro- angle shapes, have been developed and lab- obtaining funding for the immediate fielding of vides innovative educational outreach pro- oratory tested. Matching funds are not applica- the V.I.C.E. as a needed training capability ex- grams in unconventional settings, with a focus ble. I certify that neither I nor my spouse has emplar for Basic Combat Training. Matching on science, technology, engineering, and any financial interest in this project. funds are not applicable. I certify that neither mathematics. Special emphasis on gender Requesting Member: Congressman JOE I nor my spouse has any financial interest in and minority role models, both within the mili- WILSON this project. tary and in the corresponding civilian world are Bill Number: H.R. 2647—National Defense f part of the program design to boost aspira- Authorization Act for Fiscal Year 2010 tions for students who, without this program, Account: Aircraft Procurement, Army EARMARK DECLARATION would never have access to such modern Legal Name of Requesting Entity: South technology and as a result they are better Carolina Army National Guard HON. DAVID G. REICHERT equipped to make training and educational Address of Requesting Entity: 1 National OF WASHINGTON plans for civilian and military careers. Match- Guard Rd., Columbia, SC 29201 IN THE HOUSE OF REPRESENTATIVES ing funds will be provided by the project spon- Description of Request: I have secured Tuesday, June 23, 2009 sor. I certify that neither I nor my spouse has $4,000,000 for the South Carolina Army Na- any financial interest in this project. tional Guard Vibration Management Enhance- Mr. REICHERT. Madam Speaker, pursuant Requesting Member: Congressman JOE ment Program (VMEP). This funding will con- to the Republican Leadership standards on WILSON tinue fielding this proven capability on the earmarks, I am submitting the following infor- Bill Number: H.R. 2647—National Defense Army National Guard’s AH–64, CH–47, and mation for publication regarding earmarks I re- Authorization Act for Fiscal Year 2010 UH–60 helicopter fleets. VMEP collects and ceived as part of H.R. 2892, the Fiscal Year

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.001 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 15987 2010 Department of Homeland Security Ap- Estimated Construction Costs $1,000,000.00 IN HONOR OF FAY KANIN propriations Act. Elevation Certificates $12,500.00 1) $750,000 for the North Bend Area Resi- Elevation Cost Estimates $2,000.00 HON. HENRY A. WAXMAN dential Flood Mitigation Geotechnical Analysis $3,150.00 OF CALIFORNIA Requesting Entity: King County, WA IN THE HOUSE OF REPRESENTATIVES Address: King County Courthouse, 516 Structural Design $32,000.00 Third Ave, Rm 1200, Seattle, WA 98104 Septic ‘‘As Built’’ $2,000.00 Tuesday, June 23, 2009 Agency: FEMA Health Dept. Review $3,000.00 Mr. WAXMAN. Madam Speaker, it is my Account: Pre-disaster Mitigation Building Permits $33,850.00 pleasure to recognize the extraordinary leader- Funding Requested by: Rep. DAVE Recording fees $1,000.00 ship of Fay Kanin, Chair of the Library of Con- REICHERT Project Management $100,000 gress National Film Preservation Board. On Deep and repetitive floods have struck parts June 24, 2009 the Library of Congress will TOTAL $1,189,500 of the North Bend area. The Shamrock Park honor Fay for her leadership and assistance to neighborhood, for example, includes several Estimated Project Costs (full request for 9 Congress and the Library in their efforts to repetitive loss properties as identified by the homes) (50): promote public awareness of the need to pre- National Flood Insurance Program. The neigh- Estimated Construction Costs $5,000,000.00 serve America’s unparalleled film heritage. borhood has been repeatedly flooded at dif- Elevation Certificates $62,500.00 Since 1989, Fay Kanin has served with dis- ferent times from different sources including Elevation Cost Estimates $10,000.00 tinction as the Chair of the National Film Pres- the South Fork Snoqualmie, Ribary Creek, Geotechnical Analysis $15,750.00 ervation Board, a congressionally-mandated and Clough Creek. The flooding cannot be advisory body to the Librarian of Congress. Structural Design $160,000.00 prevented unless all sources are addressed. A The Board, under her leadership, has assisted more reliable, cost-effective solution would be Septic ‘‘As Built’’ $10,000.00 the Librarian of Congress in educating Ameri- to make each home less susceptible to high Health Dept. Review $15,000.00 cans about the diversity of our nation’s film water. Building Permits $169,250.00 heritage and highlighted the importance of Although a system of levees protects most Recording fees $5,000.00 preservation and the intensive efforts required homes in the North Bend area from damage Project Management $400,000 to safeguard our irreplaceable movie heritage. during minor floods, the capacity of the levee TOTAL $5,847,500 During her illustrious career as a writer, system is limited. Flows in excess of 20-year playwright and producer on the Broadway highs overtop portions of the levee system stage, in television and in Hollywood, Fay f and cause damage to neighboring properties. Kanin has earned acclaim for works as di- Raising and extending levees is cost-prohibi- TRIBUTE TO FLOYD AND ALMA verse as Goodbye My Fancy, Teacher’s Pet, tive, requires demolition of many homes, is in- BOSTICK ON THE CELEBRATION Tell Me Where It Hurts, Friendly Fire, Heat of compatible with regulatory protection of OF THEIR 60TH WEDDING ANNI- Anger, and Heartsounds. She has received an floodway conveyance capacity, and fails to ad- VERSARY Academy Award nomination, two Emmy dress all known flood hazards. Hazards are Awards, additional Emmy nominations, the Ed- associated with the Middle Fork Snoqualmie mund H. North Award from the Writers Guild River and the South Fork Snoqualmie River, HON. DONALD M. PAYNE of America, a Golden Globe nomination, the as well as several smaller tributary streams. OF NEW JERSEY Humanitas Prize Kieser Award, the Crystal Levees along these river channels cannot pre- IN THE HOUSE OF REPRESENTATIVES Award of Women in Film, the Peabody Award, vent flooding from other sources. and a Tony nomination. The proposed project will protect public Tuesday, June 23, 2009 Ms. Kanin has been a leader and a pioneer safety and private property by reducing flood Mr. PAYNE. Madam Speaker, I ask my col- in the Hollywood community, serving four hazards to residential areas of the City of leagues here in the House of Representatives terms from 1979 to 1983 as the second fe- North Bend. In addition to these benefits, the to join me as I rise to congratulate Mr. and male president in the history of the Academy project will result in reduced flood insurance Mrs. Floyd and Alma Bostick on their 60th of Motion Picture Arts and Sciences. She has claims and reduced need for federal disaster wedding anniversary. A celebration in their given years of service to the Hollywood com- assistance. honor is being held on Sunday, June 21, 2009 munity as a member of the Academy’s Board The project will result in approximately 80 at the Pines Manor in Edison, New Jersey. of Governors, President of the Academy Foun- jobs. These jobs would be in the fields of real Floyd Bostick, Jr. and the former Alma Lor- dation, and President of the Screen Branch of estate transactions and contracting jobs to de- raine Webb were married in Atlanta, Georgia the Writers Guild of America. molish or elevate structures. on March 28, 1949. This blessed union pro- I ask my colleagues to join me in recog- This office conducted site visits to meet with duced three children, nine grandchildren and nizing Fay Kanin for her twenty years of serv- representatives from King County to examine ten great-grandchildren. The Bosticks made ice to the film preservation efforts of the Li- the need for this funding. their home in Newark before moving to West- brary of Congress, and her decades of con- North Bend Residential Flood Mitigation. tributions to the Hollywood community and the The estimated total project cost is $5,800,000 field, New Jersey in 1966. Mr. Bostick retired from the Newark Police Department where he nation. in FY 2010, with an immediate need of f $1,000,000 to sustain the project by elevating was the founder of the Bronze Shields. Mrs. the first 10 homes in the highest risk area. Bostick retired from the United States Immi- SUPPORTING THE NATIONAL BIO- The full project includes elevation of 50 grations Department as a Special Agent. They AND AGRO-DEFENSE FACILITY homes, with costs allocated as follows: still work as entrepreneurs with a specialty in Unit Costs for Home Elevations (1): exquisitely designed jewelry. HON. LYNN JENKINS Mr. and Mrs. Bostick are wonderful, loving Estimated Construction Costs $100,000.00 OF KANSAS people and they celebrate their faith at the St. Elevation Certificates $1,250 IN THE HOUSE OF REPRESENTATIVES Elevation Cost Estimates $200.00 John’s Baptist Church in Scotch Plains where Tuesday, June 23, 2009 Geotechnical Analysis $315 Mrs. Bostick is the President of the Women’s Structural Design $3,200 Guild Ministry. This couple embodies the spirit Ms. JENKINS. Madam Speaker, I rise today Septic ‘‘As Built’’ $200 of matrimony and serves as role models for in support of the National Bio- and Agro-De- Health Dept. Review $300 younger couples who are striving to have long fense Facility, also known as the NBAF. After Building Permits $3,385 successful marriages. September 11, former-President Bush issued Recording fees $100 Madam Speaker, I know my colleagues join a security directive to increase our nation’s ca- Project Management $10,000 me in letting Mr. and Mrs. Fred and Alma pacity for animal disease research to protect TOTAL $118,950 Bostick’s family, friends and congregation our food supply as well as defend our agri- Estimated Project Costs (assumes minimum know that their 60th anniversary is indeed a culture and public health against disease out- request for 9 homes) (10): cause for celebration. breaks.

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.001 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15988 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 This directive could not come too soon, as Littlejohn introduced them. He would later ‘‘There’s two chapters in Strom Thur- the H1N1 pandemic is testament to the need serve as Thurmond’s state manager, over- mond’s life, and in that second chapter, Sen- for such high-level disease research and the seeing four offices, and as secretary-treas- ator Thurmond really reached out to the mi- urer of the Strom Thurmond Foundation. nority community and did everything he impacts such outbreaks have on individuals in He worked with Thurmond for nearly half could to repair any ill will—and I think War- the United States and also around the world. a century. ren Abernathy was a big part of that second The current facility at Plum Island is aging and Thurmond, in 1997, described Abernathy as chapter,’’ Wynn said. cannot keep pace with today’s needs. having ‘‘excellent leadership skills and a Former U.S. Commerce Secretary Fred DHS conducted an exhaustive, three-year quick intellect.’’ Dent of Spartanburg added, ‘‘I don’t know search for the best site to relocate the facility. But up until his death, Abernathy never re- that any outsider knew how he contributed ferred to Thurmond by his first name. He al- In January, the Department completed its to the senator. He was not the kind to brag ways called him ‘‘the senator,’’ Duncan said. that he had done this or that. He gave advice search and finalized Kansas State University Abernathy was one of nine children who in Manhattan, Kansas as the site selection. to the senator, and that was it. He was a grew up during the Depression in the fam- very self-effacing individual and was ex- The so-called animal health corridor, ily’s home on Edwards Avenue, where they tremely well versed in political issues.’’ stretching from Manhattan to Columbia, Mis- would walk to Southside Baptist Church A STROM THURMOND INDEPENDENT souri, is home to more than one-third of the each Sunday. The Spartanburg High grad- animal health industry, involving more than uate attended several area colleges, and was Thurmond, Abernathy and Moss together determined that they would make amends 120 companies. Additionally, Kansas State drafted into the Army during World War II. He would later join the Army Reserves and for the past, Duncan said. has an internationally recognized animal retire a colonel. ‘‘Daddy encouraged him (Thurmond). That health research expertise and with existing re- Attorney John B. White Jr., whose family was his way of trying to help the senator search infrastructure, including the Biosecurity has been long-time friends with the bring the state together,’’ she said. ‘‘They Research Institute and the National Agricul- Abernathys, called Warren, ‘‘a distinct indi- probably decided it together, because they tural Biosecurity Center. DHS chose the right vidual who was gifted at approaching people, did everything together. They were each oth- place for NBAF, and now, we must work to reading people and dealing with people. And er’s confidant.’’ complete the construction process. he dealt with them with wisdom, kindness, Abernathy, however, was more than just This project is critical to the protection of our humor, passion and encouragement.’’ the man behind the senator. He added: ‘‘One of the most important les- Ernest Finney, the first black chief justice food supply and public health which is why we sons I learned from Mr. Abernathy was loy- of the S.C. Supreme Court, said Abernathy cannot afford to delay it. Madam Speaker, I alty. He was an individual who . . . I don’t was one of the people he met with when urge my colleagues to join me in supporting want to say he demanded loyalty, but he cer- seeking that position. He called Abernathy the construction of NBAF in Kansas. tainly expected loyalty from the people who the ‘‘doorkeeper’’ for Thurmond. f were lucky enough to say they were friends ‘‘He was straightforward. He looked you in of his. His word was his bond.’’ the eye. He talked to you,’’ Finney said. ‘‘He IN MEMORY OF WARREN H. Abernathy died early Monday at didn’t give you a song and dance.’’ ABERNATHY Spartanburg Regional Medical Center, after State Sen. John Courson, a Richland Coun- battling pneumonia and a heart attack on ty Republican who will be pallbearer at June 15. Abernathy’s funeral, met Abernathy in 1972. HON. JOE WILSON A VERY SELF-EFFACING INDIVIDUAL Over time, their relationship grew to the OF SOUTH CAROLINA Abernathy developed a talent and a reputa- point where they’d meet weekly over lunch IN THE HOUSE OF REPRESENTATIVES tion for being politically savvy and offering or dinner. Tuesday, June 23, 2009 sound judgment. ‘‘He talked in riddles,’’ Courson said. ‘‘I re- ‘‘Many people who were seeking higher of- member, when Lee Atwater had gone to Mr. WILSON of South Carolina. Yesterday, fice over the years asked his opinion about work for President Reagan, we were having South Carolina lost a longtime friend and lead- their chances,’’ said former S.C. Republican these lunches and dinners and (Abernathy) er of our state, Colonel Warren H. Abernathy. Party Chairman Barry Wynn of Spartanburg. would say things like, ‘the pool-hall crowd A native of Spartanburg, South Carolina, Mr. ‘‘The General Assembly, when legislation says this.’ I thought, this guy is a devout Abernathy will always be revered as the right- was being considered, trusted his judgment Southern Baptist. Why is he talking about and considered his opinions . . . His influ- the pool-hall crowd? Lee explained that was hand confidant of the late Senator Strom Thur- ence was making sure people considered the a euphemism for the man-on-the-street. It mond. I learned firsthand as a Thurmond in- facts and looked at the consequences of what took me awhile to learn the nuances of his tern in 1967 of his devotion and loyalty to they were doing, whether it was legislative English.’’ Senator Thurmond. or judicial appointments.’’ Courson said he last talked with Aber- The eulogy below was thoughtfully written But Abernathy never overestimated his po- nathy less than two weeks ago. Abernathy by Jason Spencer in today’s Spartanburg Her- litical power—he once told his daughter he always liked to hear the latest Columbia ald-Journal: didn’t have power, ‘‘just a few good gossip, and the two mused on the upcoming friends’’—and, by all accounts, always re- gubernatorial and Senate races. Courson said THURMOND’S RIGHT-HAND MAN DIES IN mained wholly loyal to Thurmond. The num- Abernathy was ‘‘like a second father.’’ SPARTANBURG ber listed in the phone book for the senator’s ‘‘Honestly, I still don’t know whether he South Carolina lost a keen mind, public office in Spartanburg was Abernathy’s home. was a Democrat or Republican,’’ he said. ‘‘I servant and power broker in state and na- ‘‘The reason Strom Thurmond was so pop- think Warren Abernathy was a Strom Thur- tional politics early Monday with the death ular was because of constituent services, and mond Independent.’’ of Warren H. Abernathy. He was 85. Warren was the key constituent person in NEVER CHEAT THE WORLD Abernathy, of 111 Hillbrook Drive, is often this part of the state,’’ said former Congress- described as the late Sen. Strom Thurmond’s woman Liz Patterson, whose father, Olin Despite the politics, the people who knew right-hand man, someone who worked tire- Johnson, defeated Thurmond in a 1950 Senate Abernathy best concentrated Monday on his lessly behind the scenes. race. spirit of camaraderie, his devotion to his The dynamic between the two was that Several people interviewed for this article church and his words of wisdom. they were of one mind. Thurmond was the said Abernathy was able to recognize oppor- For more than 50 years, the Whites and public face; Abernathy, the private man. He tunities for South Carolina, form a con- Abernathys have held annual Christmas stood in the background almost any time a sensus about how to approach them, and breakfasts. In 2007, the firm sponsoring the newspaper photographer was around. He then, with the help of Thurmond’s seniority, event sent out just more than 3,000 invita- turned down offers to write books, or to be get things done. tions. the subject of one. Wynn said Abernathy shares in Thur- Abernathy enjoyed spending Saturday ‘‘He was the man in the shadow. And he mond’s legacy. mornings at Ike’s Korner Grille. When he got liked that,’’ said daughter Marcia Duncan of Thurmond ran unsuccessfully for president too old to drive, friends would come by and Gaffney. ‘‘He never wanted to run for polit- on a segregationist platform in 1948, but pick him up. ical office. He said he liked what he was later changed his view on race—though he And throughout his life, he made financial doing, and that he was supporting someone never publicly apologized for it. Thurmond contributions to churches, schools and other who could make a difference in South Caro- was the first Southern senator to hire a sen- organizations often, if not exclusively, to be lina.’’ ior black aide—Thomas Moss of Orange- used to help those less fortunate. Thurmond, while governor in the 1940s, burg—and he eventually would support mak- ‘‘He always said to me, whenever he gave hired a young Abernathy after the late S.C. ing Martin Luther King Jr. Day a federal me money, ‘Never cheat the world.’ How Supreme Court Chief Justice Bruce holiday. about that? And he always told me, ‘The

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0689 Sfmt 0634 E:\BR09\E23JN9.001 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD June 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 15989 world is round . . . anything you do will TRIBUTE TO UNITED STATES Legal Name of Requesting Entity: National come back around,’ ’’ Duncan said. COAST GUARD AUXILIARY 70TH Safe Skies Alliance, 110 McGhee Tyson Bou- Funeral services are scheduled for 2 p.m. ANIVERSARY levard, Suite 201, Alcoa, Tennessee 37701 Wednesday at Southside Baptist Church, and Description of Request: This funding will be burial with military honors will follow in used to create a research and training center Greenlawn Memorial Gardens. HON. DAVE CAMP OF MICHIGAN that will provide critical improvised explosives Former state Supreme Court Justice E.C. IN THE HOUSE OF REPRESENTATIVES recognition training to TSA Transportation Se- Burnett, a Spartanburg native, said he curity Officers, law enforcement personnel, fire learned the value of patience and to not take Tuesday, June 23, 2009 fighters, emergency services personnel, first things at face value from Abernathy. Mr. CAMP. Madam Speaker, I rise today to responders and others. ‘‘He was a man who loved South Carolina pay tribute to the United States Coast Guard f and loved this country like few in today’s Auxiliary to commemorate the 70th anniver- politics. That’s a very brazen thing to say. sary since its establishment on June 23, 1939. PERSONAL EXPLANATION But I say it unreservedly. There will never On June 23, 1939, Congress established be another Warren Abernathy. He will be the Coast Guard Reserve, later known as the HON. J. GRESHAM BARRETT greatly missed.’’ Coast Guard Auxiliary, to promote boating OF SOUTH CAROLINA safety and to facilitate Coast Guard oper- IN THE HOUSE OF REPRESENTATIVES f ations. Beginning in 1942, they became the Tuesday, June 23, 2009 PERSONAL EXPLANATION core of the Temporary Reserve and over 50,000 Auxiliarists performed coastal defense Mr. BARRETT of South Carolina. Madam and search rescue duties and patrolled Speaker, unfortunately I missed recorded HON. LYNN A. WESTMORELAND bridges, factories, docks and beaches. Since votes on the House floor on Friday, June 19, its inception, the Auxiliary has been expanding 2009. OF GEORGIA its integration with the Coast Guard to allow Had I been present, I would have voted ‘‘nay’’ on rollcall vote No. 409 (On ordering the IN THE HOUSE OF REPRESENTATIVES for further assistance in any Coast Guard mission authorized by the Commandant. It is an previous question to H. Res. 559), ‘‘nay’’ on Tuesday, June 23, 2009 organization of pride, bravery, and patriotism rollcall vote No. 410 (On agreeing to H. Res. that works closely with the Coast Guard to en- 559), ‘‘yea’’ on rollcall vote No. 411 (On Mr. WESTMORELAND. Madam Speaker, sure the safety and protection of the United agreeing to H. Res. 560), ‘‘yea’’ on rollcall on June 19, 2009 I attended the grand open- States of America. vote No. 412 (On motion to recommit with in- ing of the National Infantry Museum located The United States Coast Guard Auxiliary is structions to H.R. 2918), ‘‘nay’’ on rollcall vote on Fort Benning Army Installation, Georgia. As especially honored in a state such as Michi- No. 413 (On passage to H.R. 2918), ‘‘yea’’ on a result, I missed a number of votes. Had I gan. With five Great Lakes surrounding the rollcall vote No. 415 (On agreeing to article I been present, I would have voted the fol- borders of this state, maritime activity is a crit- of H. Res. 520), ‘‘yea’’ on rollcall vote No. 416 lowing: ical transportation method. Assistance from (On agreeing to article II of H. Res. 520), ‘‘No’’ on providing for consideration of H.R. the United States Coast Guard Auxiliary is es- ‘‘yea’’ on rollcall vote No. 417 (On agreeing to 2918, making appropriations for the Legislative sential to ensuring the safety of not only our article III of H. Res. 520), ‘‘yea’’ on rollcall vote Branch FY 2010. (rollcall No. 409) tourists and residents, but also to all commer- No. 418 (on agreeing to article IV of H. Res. cial traffic that use the lakes regularly. The 520). ‘‘No’’ on Agreeing to the Resolution pro- men and women who serve with the United f viding for consideration of H.R. 2918, making States Coast Guard Auxiliary in Michigan are EARMARK DECLARATION appropriations for the Legislative Branch FY not only revered for their service to the coun- 2010. (rollcall No. 410) try, but also to the wellbeing and protection of ‘‘Aye’’ on Motion to Suspend the Rules and all who venture in our Great Lakes. HON. PHIL GINGREY Agree to expressing support for all Iranian citi- On behalf of the Fourth Congressional Dis- OF GEORGIA zens who embrace the values of freedom, trict of Michigan, it is with great honor that I IN THE HOUSE OF REPRESENTATIVES human rights, civil liberties, and rule of law, commemorate this 70th anniversary of the Tuesday, June 23, 2009 and for other purposes. (rollcall No. 411) United States Coast Guard Auxiliary for its Mr. GINGREY of Georgia. Madam Speaker, ‘‘Aye’’ on Motion to Recommit with Instruc- continued years of successful assistance to the United States Coast Guard and to our in accordance with House Republican Con- tions Making appropriations for the Legislative ference standards, and Clause 9 of Rule XXI, Branch FY 2010. (rollcall No. 412) wonderful state. Thank you, Auxiliarists for all that you have done and all that you will con- I submit the following member request. Fund- ‘‘No’’ on Passage making appropriations for tinue to do in the future. ing for this request was authorized in H.R. 2647, the National Defense Authorization Act the Legislative Branch FY 2010. (rollcall No. f 413) for Fiscal Year 2010. EARMARK DECLARATION ‘‘Present’’ on Quorum Call of the House. Requesting Member: Congressman PHIL (rollcall No. 414) GINGREY HON. JOHN J. DUNCAN, JR. Bill Number: H.R. 2647 ‘‘Aye’’ on Article I impeaching Samuel B. OF TENNESSEE Account: Army, RDTE Kent, judge of the United States District Court IN THE HOUSE OF REPRESENTATIVES Legal Name of Requesting Entity: Georgia for the Southern District of Texas, for high Institute of Technology crimes and misdemeanors. (rollcall No. 415) Tuesday, June 23, 2009 Address of Requesting Entity: Institute of ‘‘Aye’’ on Article II impeaching Samuel B. Mr. DUNCAN. Madam Speaker, consistent Bioengineering and Bioscience, 315 Ferst Kent, judge of the United States District Court with House Republican Earmark Standards, I Drive, NW Atlanta, Georgia 30332–0363 for the Southern District of Texas, for high am submitting the following earmark disclo- Description of Request: The $3,000,000 au- crimes and misdemeanors. (rollcall No. 416) sure information for project requests that I thorized for the Center for Advanced Bio- made and which were included within H.R. engineering and Solider Survivability (CABSS) ‘‘Aye’’ on Article III impeaching Samuel B. 2892, ‘‘Making appropriations for the Depart- will focus on research in advanced tissue and Kent, judge of the United States District Court ment of Homeland Security for the fiscal year bone regeneration and wound care and treat- for the Southern District of Texas, for high ending September 30, 2010, and for other pur- ment issues relevant to military trauma care. crimes and misdemeanors. (rollcall No. 417) poses.’’ Fundamental research advances in these ‘‘Aye’’ on Article IV impeaching Samuel B. Requesting Member: Congressman JOHN areas can lead to technologies and techniques Kent, judge of the United States District Court DUNCAN for better immediate clinical combat care as for the Southern District of Texas, for high Account: TSA, Aviation Security well as address long term care issues involv- crimes and misdemeanors. (rollcall No. 418) Project Amount: $1,250,000.00 ing limb loss, tissue and organ damage, facial

VerDate Mar 15 2010 15:02 Oct 20, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0689 Sfmt 9920 E:\BR09\E23JN9.001 E23JN9 wreier-aviles on DSK7SPTVN1PROD with BOUND RECORD 15990 EXTENSIONS OF REMARKS, Vol. 155, Pt. 12 June 23, 2009 and dental injuries, and reconstruction. The HONORING DAVID VON DOHLEN Green Hills Rotary Foundation since its cre- funding will be paid out at pre-negotiated rates FOR TWO DECADES OF SERVICE ation in 1989. in accordance with Department of Defense THE GREEN HILLS ROTARY It should come as no surprise that Mr. von policy. Specifically, funds will be used to: es- CLUB Dohlen has previously been recognized as the tablish a seed grant program to identify novel Green Hills Rotary Club’s Man of the Year. technologies for treatment of musculoskeletal HON. JIM COOPER Nor should it surprise anyone that, after twen- defects following trauma, develop oriented ty years of service, Mr. von Dohlen has elect- OF TENNESSEE nano-fiber meshes for treatment of neurologic ed to take a richly deserved break. defects following injury to the extremities, de- IN THE HOUSE OF REPRESENTATIVES And so, Madam Speaker, it is my privilege velop biodegradable shape memory polymers Tuesday, June 23, 2009 to stand before this House today as a rep- for treatment of large bone defects, develop resentative of David von Dohlen, a man who Mr. COOPER. Madam Speaker, today I rise exemplifies the Rotary motto of ‘‘Service biodegradable shape memory polymers for to honor David von Dohlen, an upstanding above Self.’’ It is people like Mr. von Dohlen craniofacial reconstruction, and test the effects member of the Nashville community, on the who strengthen our communities and show the of sustained delivery of osteoinductive proteins occasion of his retirement as treasurer of the way for future generations—not through grand in tubular nanofiber mesh scaffolds on func- Green Hills Rotary Foundation, a position he deeds or gestures, but through a life lived in tional repair of large segmental bone defects. has held since 1989. service to others. Georgia Tech will continue to leverage this re- A charter member of the Green Hills Rotary Today I ask my colleagues to join me in sa- quest to obtain funding from other sources. Club, Mr. von Dohlen has freely contributed luting David von Dohlen for two decades of The Georgia Research Alliance has pledged his time and efforts to the organization. He service to the Green Hills Rotary Club, the additional money to the project for infrastruc- and his wife Betsy have participated in every Green Hills Rotary Foundation and to the peo- ture and equipment, and past Congressional club event and fundraising activity since the ple of Nashville, Tennessee. We celebrate his funding has been leveraged to successfully club’s founding: the ‘‘Trees to Trails’’ Christ- many contributions to our community and to obtain funding from DoD’s Orthopaedic Trau- mas tree recycling event, the Swing Dance our country. And in a week in which the Presi- ma Research Program and its Armed Forces dinner and auction, the Million-Dollar Shootout dent launched a national ‘‘Summer of Serv- Institute of Regenerative Medicine, as well as competition and the mini-car races in Centen- ice,’’ we commend Mr. von Dohlen to our fel- funding from the Musculoskeletal Transplant nial Park. He also volunteered his accounting low Americans as a model of what citizenship Foundation. skills as Club treasurer and treasurer of the and service can be.

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