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

Vol. 156 WASHINGTON, WEDNESDAY, DECEMBER 15, 2010 No. 166 House of Representatives The House met at 10 a.m. and was Lord God, in this season filled with sion and external behavior and not called to order by the Speaker. Your Spirit, enable Your people to merely expressed in talk. manifest love in their deeds. Strength- No matter what conscience may f en them to hold onto the truth both in charge them with, You, Eternal God, are greater than any human longing. PRAYER their minds and in their speech. May their joyful convictions and personal All is known to You, both now and for- The Chaplain, the Reverend Daniel P. ever. commitments be proven in every deci- Coughlin, offered the following prayer: Amen.

NOTICE If the 111th Congress, 2d Session, adjourns sine die on or before December 23, 2010, a final issue of the Congres- sional Record for the 111th Congress, 2d Session, will be published on Wednesday, December 29, 2010, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 29. The final issue will be dated Wednesday, December 29, 2010, and will be delivered on Thursday, December 30, 2010. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

THE JOURNAL PLEDGE OF ALLEGIANCE lic for which it stands, one nation under God, indivisible, with liberty and justice for all. The SPEAKER. The Chair has exam- The SPEAKER. Will the gentleman ined the Journal of the last day’s pro- from New York (Mr. TONKO) come for- f ceedings and announces to the House ward and lead the House in the Pledge her approval thereof. of Allegiance. ANNOUNCEMENT BY THE SPEAKER Pursuant to clause 1, rule I, the Jour- Mr. TONKO led the Pledge of Alle- The SPEAKER. The Chair will enter- nal stands approved. giance as follows: tain up to 15 requests for 1-minute I pledge allegiance to the Flag of the speeches on each side of the aisle. United States of America, and to the Repub-

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.

H8355

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VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.000 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8356 CONGRESSIONAL RECORD — HOUSE December 15, 2010 SHOWING COMPASSION Ms. CHU. Madam Speaker, last year, their parents’ health plans due to the (Mr. TONKO asked and was given Bobby Salcedo, a beloved elected offi- health care law’s age 26 dependent cov- permission to address the House for 1 cial in my district, was brutally mur- erage, good news for millions of seniors minute and to revise and extend his re- dered by the Mexican drug cartels in the Medicare doughnut hole who will marks.) while visiting family in Durango, Mex- get a 50 percent discount on life-saving Mr. TONKO. I rise today to share a ico. While I am saddened by Bobby’s medication, and good news for seniors passage from Proverbs 31:8–9: ‘‘If a man loss, his death has led me to fight the for whom Medicare will finally cover shuts his ears to the cry of the poor, he dangerous drug cartels that thrive checkups, cancer screenings and flu too will cry out and not be answered.’’ along our border. That is why I intro- vaccinations. Unfortunately, Hudson did rule Madam Speaker, let us heed that cry. duced the Preserving Foreign Criminal against the law’s system of shared re- I encourage my colleagues to open our Assets Forfeiture Act, a bill that will sponsibility for all Americans to have ears today during this holiday season make it easier for Federal police to coverage, which would stabilize a and hear the compassionate cry of the seize the illicit assets of international criminal organizations. health insurance market that has been working poor and middle income fami- collapsing for the last 10 years and lies back home. In my congressional Foreign criminals are able to protect hundreds of millions of dollars in dirty would provide access to Americans district alone, some 6,400 people who with preexisting conditions. Fortu- lost their jobs through no fault of their money by moving their proceeds abroad before U.S. police can seize nately, two other judges have ruled the own will be without their earned unem- other way, upholding the Nation’s need ployment lifeline by the end of this them, enabling them to continue their illegal activities. With this bill, we will for a stable insurance market in inter- month, unless we act. At the same state commerce. time, my colleagues in this Chamber have another tool to fight the drug car- tels by cutting off their lifeblood and One thing Hudson did get right in his are worried about people that own es- decision was his conclusion where he tates or make millions and billions of allowing Federal law enforcement offi- cials to seize these illicit assets. said, ‘‘The final word will reside with a dollars each and every year. higher court.’’ Let us show compassion for our f Thank goodness. neighbors and family members by OPPOSITION TO TAX DEAL f standing up for the working poor and (Mr. FLAKE asked and was given NO DEAL TO THIS TAX DEAL our middle income families. We should permission to address the House for 1 (Mr. PENCE asked and was given per- continue to provide tax cuts for the minute.) middle class community and extend Mr. FLAKE. Madam Speaker, I rise mission to address the House for 1 unemployment insurance. today in opposition to the tax deal ne- minute and to revise and extend his re- marks.) f gotiated between congressional leader- Mr. PENCE. Madam Speaker, since ship and the White House. Although we IN RECOGNITION OF LOVELL last summer, I have urged this Con- have yet to see the language of the bill, JAMES WRIGHT gress to take action to prevent a tax it is clear that it will represent a level increase that would affect every Amer- (Mr. TERRY asked and was given of spending that should be unaccept- ican in January of next year. So I rise permission to address the House for 1 able to those who are serious about our with a heavy heart this morning to minute.) ballooning deficit. simply announce to my colleagues that Mr. TERRY. Madam Speaker, I rise What is striking about this legisla- I believe the short-term tax deal nego- today to recognize James Wright for tion is the failure for either party to tiated by the White House and congres- his 10 years of public service in my dis- make tough choices. Where are the sional leaders is a bad deal for tax- trict staff. Throughout his career in cuts? Take, for example, the 2 percent payers, will do little to create jobs, and our office, James has consistently dem- payroll tax deduction. If it is a good I cannot support it. onstrated a genuine willingness to help idea to reduce the payroll tax, it is im- Despite the fact that last November others and improve our community. He perative that we couple it with a reduc- the American people did not vote for has undertaken a number of projects in tion in benefits on the other side; but more deficits, more stimulus or more my district, such as a program to teach we make no such choices here. Again, uncertainty in the Tax Code, that is financial literacy to young adults, a ‘‘5 we eat a sumptuous meal and pass the just what this lame duck Congress is percent home ownership’’ initiative bill on to our kids and our grandkids under the section 8 housing program, about to give them. because we lack the decency to pay for You know, Madam Speaker, there is and an ‘‘entrepreneurship’’ program to it ourselves. a reason why article I, section 7 of the create a critical mass in a struggling If we can’t make difficult choices Constitution says that all bills for rais- urban setting. He has also taken on a now, Madam Speaker, when will we? ing revenue are to originate here in the leadership role in an Omaha small busi- Are we waiting for our New Year’s res- House of Representatives. It is because ness initiative in North Omaha. olutions to kick in? We’re just a few our Founders believed that, when it All of these actions were directed at years away from the fate of Greece and comes to the people’s taxes, the peo- providing quality assistance to the peo- Ireland, and is this the best we can do? ple’s House should always lead. If the ple of Omaha. His positive attitude, We can and should do better. process is wrong, then the policy is dedication, and optimistic outlook are f wrong. We perpetuate the uncertainty. commendable attributes, and we’re cer- It is built into our Tax Code. Uncer- tainly appreciative of his outlook. b 1010 tainty is the enemy of our prosperity, James is an outstanding member of THE VIRGINIA DECISION and frankly, we can provide assistance the Omaha community. He loves our (Mr. COURTNEY asked and was to families struggling in this economy great city. He contributes to local and given permission to address the House by making the hard choices to pay for national charities and organizations as for 1 minute.) it without adding to the national debt. well as participates in the Omaha Com- Mr. COURTNEY. Madam Speaker, The American people have spoken. munity Playhouse. He’s a dynamic in- Virginia Judge Henry Hudson’s deci- Let’s say no deal to this tax deal, and dividual with a wealth of knowledge. sion 2 days ago striking down one sec- get a better deal out of this Congress 3 We thank him for his public service. tion of the Health Care Reform Act was weeks from today. about a lot less than all the noise in f f the last 24 hours. Despite the Virginia PRESERVING FOREIGN CRIMINAL Attorney General’s request, Judge YES, THERE IS A SANTA CLAUS ASSETS FOR FORFEITURE ACT Hudson did not strike down the whole (Mr. DEFAZIO asked and was given OF 2010 law, and despite Virginia’s request, he permission to address the House for 1 (Ms. CHU asked and was given per- refused to delay its implementation. minute.) mission to address the House for 1 That is good news for millions of Mr. DEFAZIO. Madam Speaker, minute.) young Americans now covered under today, the Senate with one vote will

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.001 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8357 increase this fiscal year’s deficit by tem in America for the worse. The comes at a very high price to the $430 billion under the pretense that it court’s decision to confer the rights of American people and to the national will get our economy back on track individuals on corporations has altered debt. and create millions of jobs—and yes, the political landscape in a way that We are being asked by Republican there is a Santa Claus. Thank you very allows unprecedented, unlimited and leaders in the Senate to give benefits much. undisclosed corporate spending that to the very wealthiest Americans, in- Over 2 years, $858 billion in total has cannot be matched by private citizens. cluding an estate tax provision that been financed with money borrowed, in The 2010 election cycle was the most will benefit only 6,600 families—the good part, from China to pay for an ex- expensive in our Nation’s history, cost- wealthiest families in America. tension of the stimulus tax cuts with a ing hundreds of millions of dollars and This is like going to the hospital new twist—the money will be stolen misinforming millions of Americans with a serious illness and having the from the Social Security Trust Fund along the way. Allowing corporate doctor say to you, I’m going to give and a large dose of Bush era trickle- America, as well as foreign companies, you $250,000 worth of care that’s really down tax cuts, with new breaks for to spend unlimited amounts of money going to help you; but in order to get States over $10 million. in U.S. elections is in direct contradic- it, you’re going to have to eat $100,000 Last week, the Democratic Caucus tion to the health of our democracy worth of candy that’s going to do noth- spoke almost unanimously against and to the principles our country was ing for you but add a lot of weight this—and this week, under pressure founded on. There is already too much down the road—to our national debt from the White House and the Repub- money in politics, and this decision and to our children and grandchildren. lican leader of the Senate, it appears only makes things worse. This is a bad deal for the American our leadership is attempting to avoid This year, my friends on the other people, and I hope my colleagues will our wishes and bring this bill forward side of the aisle watched as Democrats reject it. without major changes. It will be a dis- took the brunt of this undisclosed cor- f aster for the American people. It is a porate spending. But I promise you, in HONORING SILVER STAR RECIPI- bad deal for taxpayers, people who are the future, you, too, will feel its lash. ENT CHIEF WARRANT OFFICER unemployed and our kids and This is not good for our democracy, TWO MARK ROLAND grandkids. and I urge a legislative solution. (Mr. THOMPSON of Pennsylvania f f asked and was given permission to ad- YUCCA MOUNTAIN RESTORATION BANDITS, KINDERGARTEN AND dress the House for 1 minute and to re- BORDER PATROL vise and extend his remarks.) (Mr. WILSON of South Carolina Mr. THOMPSON of Pennsylvania. asked and was given permission to ad- (Mr. POE of Texas asked and was Madam Speaker, the Army’s third dress the House for 1 minute and to re- given permission to address the House highest award for combat valor is the vise and extend his remarks.) for 1 minute.) Silver Star. Today, it is my honor to Mr. WILSON of South Carolina. Mr. POE of Texas. Madam Speaker, I praise a Silver Star recipient from my Madam Speaker, last week, my home bring you news from the third front— district in State College, Pennsylvania, State of South Carolina, along with the war zone that is our southern bor- Chief Warrant Officer Two Mark Ro- Washington State and the National As- der with Mexico. land. sociation of Utility Regulators, headed Violent behavior is reaching new In August at Fort Bragg, he received by Commissioner David Wright, scored lows in the Mexican border town of the award for gallantry in action a victory in the battle for the Yucca Juarez. Armed attackers busted into a against an enemy of the United States Mountain project. A Federal court kindergarten school and set it on fire. from Lieutenant General John F. ruled in favor of a plan to continue the Why? Mulholland, commander of the U.S. nuclear repository. Well, the criminal drug cartels found Army Special Operations Command at The President’s decision to abandon out the teachers in Juarez got a Christ- Bragg. The award comes from the this project was editorially condemned mas bonus, so they set up a new extor- President of the United States. as ‘‘breathtakingly irresponsible’’ as tion racket. These outlaw banditos de- While serving as the Intelligence Ser- billions of dollars have already been manded a protection fee from the geant for a Special Forces Operational spent to fund it. Utility customers of teachers to keep their students safe. Detachment at Firebase Ripley in Af- South Carolina have invested over $1.2 When the teachers didn’t pay up, ghanistan, Roland cleared and de- billion. The action also poses a secu- armed attackers broke into the school stroyed enemy fighters at close range, rity risk at dozens of nuclear waste dis- and set it on fire. rescuing eight Afghan soldiers and posal sites across the country. It Juarez is the most violent city in all leading the actions of the detachment’s means that vast amounts of nuclear of Mexico, and the violent cartels are split team to a battlefield victory. waste will sit idle at the Savannah bringing the war to the United States. The citation reads that Roland dis- River site. This is unacceptable. Just last night, Border Patrol Agent tinguished himself by inspiring those Nuclear energy is clean energy. It Brian Terry was murdered by bandits around him to extraordinary collective has provided my home State over 50 in the border town of Rio Rico, Ari- valor. His personal courage and com- percent of our electrical power for over zona. Our wide open borders are facili- mitment to mission accomplishment in 30 years, and it is an important part of tating violence on both sides of the a combat zone, under extreme cir- our Nation’s energy resources. border war zone. Meanwhile, the ad- cumstances, greatly contributed to In conclusion, God bless our troops, ministration just whistles past the mission success. and we will never forget September the graveyard. Roland and all of the other service- 11th. My sympathies to the family of And that’s just the way it is. members serving in Iraq and Afghani- George Campsen of the Isle of Palms, f stan deserve our praise and our grati- South Carolina. CANDY FOR THE WEALTHIEST tude for daily risking their lives for f AMERICANS freedom. A Silver Star is our Nation’s token of our greater thanks. CORPORATE AMERICA AND FOR- (Mr. YARMUTH asked and was given f EIGN ENTITIES INFLUENCING permission to address the House for 1 ELECTIONS minute.) VOTING ON THE PRESIDENT’S TAX (Mr. HALL of New York asked and Mr. YARMUTH. Madam Speaker, PROPOSAL was given permission to address the this week, the Senate and the House (Mr. COHEN asked and was given per- House for 1 minute.) will be asked to vote on a package of mission to address the House for 1 Mr. HALL of New York. Madam tax extenders and other provisions that minute and to revise and extend his re- Speaker, nearly 1 year ago, the Su- will provide great benefits for many marks.) preme Court issued a ruling which hardworking American families and for Mr. COHEN. Madam Speaker, we will drastically changed the electoral sys- low-income people. Unfortunately, this probably be voting on the President’s

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.003 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8358 CONGRESSIONAL RECORD — HOUSE December 15, 2010 tax proposal this week—a very difficult colleagues, continue to fight for eco- AIR FORCE TANKER vote. I really don’t know how I’m going nomic priorities for middle class Amer- (Mr. INSLEE asked and was given to vote. icans and for provisions that will cre- permission to address the House for 1 On the one hand, I see the benefit of ate jobs and grow the economy. How- minute and to revise and extend his re- getting timely temporary and targeted ever, the tax proposal announced by marks.) relief to people, which helps the econ- the President calls for sharp dif- Mr. INSLEE. Madam Speaker, I rise omy with unemployment compensa- ferences in the policies and priorities to alert my colleagues to a very impor- tion, unemployment compensation of the Democratic and Republican par- tant job creation issue that resides po- that is most needed for the people of ties. tentially in the defense authorization the purple hearts of this Bush reces- For instance, the Democrats con- bill that may come to the floor. sion. tinue to fight to maintain tax cuts on We have the opportunity to do some- On the other hand, I see the money incomes up to $250,000 per couple and thing right for the American worker going to the upper 2 percent—the mil- $200,000 per individual, while Repub- and the American taxpayer by insist- lionaires and billionaires—who will get licans continue to demand tax cuts for ing that in the competition for the new $700 billion over 10 years, which will all incomes, including millionaires and Air Force tanker that we take into put a deficit on our children and grand- billionaires. consideration the illegal subsidies that children for years to come—something The Democrats also strongly support have benefited so extraordinarily the we can’t afford. When it comes time to the extension of unemployment bene- Airbus competitor for the tanker con- affording it on reckoning day, it’s fits to help out-of-work Americans tract. It is absolutely imperative that going to hurt people getting Social Se- make it through the recession, while at this moment when we are struggling curity, Medicare and Medicaid, and the Republicans are willing to hold the to create jobs in this country that we that’s something I can’t see. middle class and the unemployed hos- take into consideration in this com- The estate tax will benefit 6,600 fami- tage to benefit the wealthy. petition the fact that our competitors lies, to the tune of $25 billion, and I see The Democrats are championing the in Europe have received over $5 billion that as wrong, too; but I understand needs of low-income families by fight- of illegal subsidies, and we have to in- the need to stimulate the economy and ing to extend the child tax credit and sist the Pentagon take that into con- to get middle class tax cuts to the peo- the earned income tax credit. In addi- sideration. ple earning less than $250,000. tion, we are fighting to continue the I ask my constituents to contact me college tuition tax credit to help stu- For those that share my view, I hope at www.Cohen.house.gov. Let me know dents or working class families afford you will join me in a letter to make what you think. college. sure that an amendment we passed will become part of the defense authoriza- f Madam Speaker, I urge my col- leagues to support a tax cut proposal tion bill. It is the only way to make b 1020 that will benefit our working class sure that we keep these jobs in Amer- ica and build a U.S. Air Force tanker. VIRGINIA OBAMACARE RULING families and grow the economy. (Mr. PITTS asked and was given per- f f mission to address the House for 1 EXTENDING THE TAX CUTS minute and to revise and extend his re- EXTENDING THE TAX CUTS marks.) (Mr. COSTA asked and was given per- Mr. PITTS. Madam Speaker, earlier mission to address the House for 1 (Ms. BERKLEY asked and was given this week, a Federal judge in Virginia minute.) permission to address the House for 1 acted to defend the American people Mr. COSTA. Madam Speaker, I rise minute and to revise and extend her re- from an unconstitutional mandate to today in support of extending tax cuts marks.) purchase health insurance. It really to American families and businesses. Ms. BERKLEY. I rise to support the shouldn’t be a surprise that a Federal This week, we have a choice. Con- tax compromise that will be coming to judge recognized what many of us gress can continue the campaign poli- the floor for a vote this week. noted months ago: the Constitution tics of the past year or Republicans I represent the State that has the does not give Congress and the Presi- and Democrats can set aside their talk- highest unemployment rate in the dent the right to force Americans to ing points and get something done for country. In my district, almost one in purchase a particular good or service. the American people. I support the lat- five people that I represent, 20 percent, Instead of finding ways to bring down ter. are unemployed. The extension of those the cost of insurance so that anybody In my district, families are putting unemployment benefits is critical to can afford at least basic coverage, together their budgets and trying to the survival of thousands of the fami- ObamaCare puts the Federal Govern- make ends meet under difficult times. lies that call Las Vegas home. ment squarely in charge of the health Small businesses are trying to make In addition to that, I represent a care industry and then makes every hiring decisions for next year. Family working class town. People think of American participate. The government farmers are scared of losing their oper- Las Vegas as glitz and glitter, but it’s defines what insurance is, what it does, ations due to a looming bump in the es- glitzy and glittery because of all the what it covers and doesn’t cover, and tate tax, their inability to pass the working men and women that call Las then forces you to buy it. Even with farms on to their children. Vegas home. I represent waiters and this unconstitutional mandate, health In this struggling, fragile economic waitresses and busboys and Keno run- care costs will rise faster because of recovery, we cannot afford to let this ners and cocktail waitresses and valet ObamaCare. happen. After months of partisan grid- parkers and showgirls. They’re all mid- The next Congress will act to repeal lock, it’s time for Members of this dle-income wage earners, and to extend this mandate and all the other bad House to listen to the American people that middle-income tax cut is critical ideas in ObamaCare because we, too, and prevent their taxes from going up to them. have a responsibility to protect the on January 1. The alternative minimum tax exten- Constitution of the United States. Delay is not an option. I call on the sion is important to 33,000 Las Vegans f Congress to send the commonsense that will be ensnared by that alter- compromise, that is a compromise— native minimum tax if we don’t pass it. TAX CUT PROPOSAL that means by its very nature we have The earned income tax credit, the mar- (Mr. PAYNE asked and was given things that we like and things we dis- riage penalty tax credit, the child care permission to address the House for 1 like in the package—before us and send tax credit, for the people I represent, so minute and to revise and extend his re- it to the President’s desk, and then we many of them single women with chil- marks.) must get serious about addressing and dren and working, they need this child Mr. PAYNE. Madam Speaker, I, putting our Nation’s fiscal house in care tax credit. along with many of my Democratic order, which is job number one. Let’s all vote for it.

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.005 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8359 SUPPORT DON’T ASK, DON’T TELL lowing communication from the Clerk GENERAL LEAVE REPEAL of the House of Representatives: Mr. TAYLOR. Madam Speaker, I ask (Mr. GARAMENDI asked and was OFFICE OF THE CLERK, unanimous consent that all Members given permission to address the House HOUSE OF REPRESENTATIVES, have 5 legislative days to revise and ex- for 1 minute and to revise and extend Washington, DC, December 15, 2010. tend their remarks on the bill under Hon. NANCY PELOSI, consideration. his remarks.) The Speaker, U.S. Capitol, Mr. GARAMENDI. Madam Speaker, The SPEAKER pro tempore. Is there House of Representatives, Washington, DC. objection to the request of the gen- later today we’re going to vote on DEAR MADAM SPEAKER: Pursuant to the tleman from Mississippi? Don’t Ask, Don’t Tell. This is a per- permission granted in Clause 2(h) of rule II of There was no objection. sonal thing. I know a young gentleman the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- Mr. TAYLOR. I yield myself such who was in the Army, a graduate of time as I may consume. West Point, extraordinary young Afri- sage from the Secretary of the Senate on De- cember 15, 2010 at 9:40 a.m.: Madam Speaker, the Littoral Combat can American. He’s had two tours in That the Senate passed S. 4005. Ship Program started off as a very Iraq, brought his company back safely With best wishes, I am good idea. It was to be a single purpose, from both tours without loss or injury Sincerely, low-cost war ship that would help our LORRAINE C. MILLER. to any member of his company. Navy get to the stated goal of at least But he also honored the commitment f three Chiefs of Naval Operations of get- of the military not to lie and to be hon- ANNOUNCEMENT BY THE SPEAKER ting back to a 313-ship Navy. est and straightforward. He was gay, PRO TEMPORE With that said, the program has had, and he was drummed out of the mili- admittedly, a number of problems. tary. It is an enormous loss to Amer- The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, the Chair First of which was, we were going to ica. I have no doubt that this gen- build it to commercial specifications. tleman would be a general and could will postpone further proceedings today on motions to suspend the rules That was a mistake that Congress later probably rise to the highest ranks of corrected because this is a warship. It the military. on which a recorded vote or the yeas and nays are ordered, or on which the needed to be built to warship rec- We have to change the Don’t Ask, ommendations. You don’t build dispos- Don’t Tell policy. Later today, we’ll vote incurs objection under clause 6 of rule XX. able ships unless you want to have dis- have a chance to do that, and I’m sure posable crews, and our Nation will that our colleagues, in recognition of Record votes on postponed questions will be taken later. never settle for disposable crews. the need of this Nation for well-quali- Madam Speaker, having solved that f fied men and women in the military, problem, we found that the two ven- will do away with this policy and set in APPROVING PURCHASES OF dors took a ship that was supposed to place an opportunity for every Amer- LITTORAL COMBAT SHIPS stand for LCS, Littoral Combat Ship, ican to serve this country, wherever Mr. TAYLOR. Madam Speaker, I and it came late, costly, and subject to and whatever their circumstances move to suspend the rules and pass the protest. And only because of the great might be. bill (H.R. 6494) to amend the National work, in my opinion, of Under Sec- f Defense Authorization Act for Fiscal retary of Defense Sean Stackley of de- TAX CUT PROPOSAL DEFINES Year 2010 to improve the Littoral Com- vising a strategy about a year ago CONTRASTING PRIORITIES bat Ship program of the Navy, as that, in effect, read the riot act to both amended. vendors and told them they were going (Ms. WATSON asked and was given The Clerk read the title of the bill. to do a number of things. permission to address the House for 1 The text of the bill is as follows: No. 1 in order to submit their pack- minute and to revise and extend her re- H.R. 6494 age to Congress, their proposal, they marks.) Be it enacted by the Senate and House of Rep- were going to submit with that a tech- Ms. WATSON. Madam Speaker, the resentatives of the United States of America in nical data package which meant that tax proposal announced by the Presi- Congress assembled, our Nation that has paid to develop dent further defines the sharp dif- SECTION 1. LITTORAL COMBAT SHIP PROGRAM. these ships would have the specifica- ferences in the policies and priorities (a) CONTRACT AUTHORITY.—Subsection (a) tions to those ships so that if either of Democrats and Republicans. of section 121 of the National Defense Au- vendor continued to underperform, we Democrats are fighting for the needs thorization Act for Fiscal Year 2010 (Public could then go out and seek additional of the middle class and for provisions Law 111–84; 123 Stat. 2211) is amended— (1) in paragraph (1)— vendors to build this ship if we felt like that creates jobs and expands economic our Nation was not getting the ship we opportunities. Republicans are de- (A) by striking ‘‘ten Littoral Combat Ships and 15 Littoral Combat Ship ship control and deserved at the price we need to pay. manding tax breaks for the wealthy. weapon systems’’ and inserting ‘‘20 Littoral Under Secretary Stackley came back Democrats continue to fight to main- Combat Ships, including any ship control with a proposal that said we would give tain tax cuts on income up to $250,000. and weapon systems the Secretary deter- to one vendor a contract for 10 ships Republicans continue to demand tax mines necessary for such ships,’’; and and then take that technical data cuts on all incomes. (B) by striking ‘‘a contract’’ and inserting package, put it out on the street and Democrats made a priority of extend- ‘‘one or more contracts’’; and (2) in paragraph (2), by striking ‘‘liability give a second vendor a contract for ing unemployment benefits to help out- five, a winner-take-all strategy be- of-work Americans make it through to’’ and inserting ‘‘liability of’’. (b) TECHNICAL DATA PACKAGE.—Subsection tween a monohull ship and a trihull the recession. Republicans were willing (b)(2)(A) of such section is amended by strik- ship and gave the vendors about 8 to hold the middle class and the unem- ing ‘‘a second shipyard, as soon as prac- months to come up with a price. ployed hostage to benefit the wealthy. ticable’’ and inserting ‘‘another shipyard to Madam Speaker, one of the few pleas- Democrats will continue to fight for build a design specification for that Littoral ant surprises of this Congress was that the economic priorities of middle class Combat Ship’’. both vendors came back with remark- (c) LIMITATION OF COSTS.—Subsection (c)(1) Americans, to create jobs, and to grow ably good prices when given that all- the economy. These are the principles of such section is amended by striking ‘‘awarded to a contractor selected as part of or-nothing proposal. And I want to that define the contrast between the a procurement’’ and inserting ‘‘under a con- compliment, give credit where it’s due Republicans and Democrats. tract’’. to Under Secretary Stackley. I also f The SPEAKER pro tempore. Pursu- want to give credit where it’s due to b 1030 ant to the rule, the gentleman from the Seapower Subcommittee, the gen- Mississippi (Mr. TAYLOR) and the gen- tleman from Missouri (Mr. AKIN), and COMMUNICATION FROM THE tleman from Mississippi (Mr. AKIN) the other gentleman from Missouri, CLERK OF THE HOUSE each will control 20 minutes. Chairman SKELTON, for allowing us to The SPEAKER pro tempore (Ms. The Chair recognizes the gentleman work with Under Secretary Stackley to DEGETTE) laid before the House the fol- from Mississippi. get this program back under control.

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.007 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8360 CONGRESSIONAL RECORD — HOUSE December 15, 2010 Having said that, Madam Speaker, I will also be the first to admit that the timing gram remains on the right track. By Under Secretary Stackley, once he for this new acquisition proposal from the procuring 20 Littoral Combat Ships, looked at those prices—and I deeply re- Navy is flawed. Normally, this is not the kind that gives our Navy the ability to in- gret the gentleman from Arizona was of decision that we would consider at the end crease its mission capability and exactly right over in the other body of a Congress. However, the Navy has bids in project power throughout the littoral when he said yesterday, What’s the hand from the two contractors that will expire waterways around the globe. price? The public needs to know. Unfor- this month if not acted upon. Unfortunately, We need to do everything we can to tunately, under the rules of our Nation, time is of the essence. get Federal spending under control, we are not allowed to divulge them just For my colleagues, the bottom line is this: and this bill does that. This bill, as yet. Part of that reason is the fear that The Navy has budgeted approximately $12 bil- Chairman TAYLOR says, cuts to the both vendors will drop their bids and lion dollars for 19 ships over the next 5 years. heart of reducing spending, gets us ac- come back later at higher prices. This new strategy would buy 20 ships for ap- tually the same number, if not a little So one of the limitations we are proximately $9.8 billion dollars, a savings of bit more, for $2 billion less. It is a good going to be working under today is the over $2 billion from the budget, with the addi- deal for this Nation. The thing we have inability to give the exact price to Con- tional benefit of getting an extra ship. I believe to keep in mind in the future is looking gress but to tell you that this ship that this is a good deal and we should take it. at the operation and maintenance costs started out to be about a $220 million I would like to state for the record that this of two platforms, making sure they dollar ship grew to be about a $720 mil- affordable strategy for the purchase of this were holding the Navy firm to control- lion ship. We have now got the price a class of ships would not have been possible ling costs there, both the training heck of a lot closer to the first number without the tireless work of our Assistant Sec- costs of multiple crews and the oper- than the last number which is where retary for Acquisition, the Honorable Sean ation and maintenance costs. We have we needed to go all along. Stackley. He was the official responsible for been assured by Under Secretary Under Secretary Stackley is now the strategy which forced the contractors to asking, since both prices came back, Stackley that that will happen. So I offer affordable bids, at a firm fixed price, to and since there is a working ship of urge my colleagues to support this bill. Mr. TAYLOR. Madam Speaker, I each variety out in the fleet right now build these ships. I congratulate him on the ef- that are performing well, he has asked fort. If the Department of Defense could just yield 2 minutes to my friend and col- for permission to buy both ships at the get 100 Sean Stackleys working over there, league, the gentleman from Con- low price that the contractors have we would have far fewer issues with cost necticut (Mr. COURTNEY). agreed to build them on. Having given overruns and program delays on weapons and Mr. COURTNEY. Madam Speaker, I that some thought, I think he is right. equipment our warfighters need. rise in support of this legislation, And also given the economic cir- I urge my colleagues to agree to this resolu- which I think strikes the right balance cumstances that the price of aluminum tion. in terms of the need for our Navy to I reserve the balance of my time. is down by about half since 3 or 4 years build up its Littoral Combat Ship Pro- Mr. AKIN. Madam Speaker, I yield 2 ago, the price of steel is down by about gram but also addressing I think a lot minutes to the gentleman from Vir- half from 3 or 4 years ago, that Amer- of the problems of this program, which ginia (Mr. WITTMAN). ican vendors need work, that because has been very troubled over the last Mr. WITTMAN. Madam Speaker, I few years in terms of trying to get the they need work, they are supplying the rise today in support of H.R. 6494, a bill kind of prices that our Nation should cost per ship down. that would authorize procurement for have been paying all along, that we can the Littoral Combat Ship. b 1040 get the Navy the ships they need at a And I will start by thanking Chair- I’d just like to say, though, on a per- price our Nation can afford and build 20 man TAYLOR, who has been extraor- sonal note, that the work that Chair- ships for about $2 billion less than we dinarily diligent in this effort in mak- man TAYLOR has done on this program had originally budgeted to build 19 ing sure that our Nation gets the best going back to 2007 with a series of hear- ships. For all of these reasons, Madam deal on LCS, knowing that there have ings, looking at, again, the alarming Speaker, I rise in support of this pro- been some hiccups in the past. He stood increases in cost growth has been an gram. I want to thank the gentleman up and made sure this process was extraordinary contribution, not just to from Missouri (Mr. AKIN) for being a going to happen properly, that it was this Congress, but to our country. cosponsor to this measure. There has been no one who has been Madam Speaker, I rise in support of H.R. going to be the best value for our Navy more diligent in terms of trying to 6494, a bill granting authority for the Secretary and the best value for the United look out for the American taxpayer. of the Navy to construct up to 20 Littoral Com- States. So I applaud the chairman for There is no one who, in my opinion, has bat Ships, 10 each from the shipyards cur- his leadership there. And also to Rank- rently building the vessels. This is a change in ing Member AKIN who, alongside the been more knowledgeable about every already passed authorization to ‘‘down-select’’ chairman, made sure also that this aspect of these vessels than the gen- to one of the two types of ships and build 19 process was going to happen properly tleman from Mississippi who is depart- of them over the next 5 years. This change in and that the proper decisions were ing in a few days, and who I think is acquisition strategy is the result of lower than going to be made and that we were going to be sorely missed by this coun- expected construction proposals from the two going to make the best decision on be- try in terms of the amazing work that competing shipyards. half of our Navy. he’s done as chairman of the Seapower The LCS has a very troubled history, but the And as we all know, this legislation subcommittee. bill before us today is about the future, it is would amend the FY 2010 National De- All across the spectrum, in terms of about how true competition between vendors fense Authorization Act to authorize ships, he has been there trying to, has actually forced these contractors to return the procurement of 20 Littoral Combat again, advance this country to get to competitive bids that this Nation can afford. Ships which are absolutely needed the goal of a 314-ship Navy, which has These are good ships. Up until now they have these days in our Navy. This bill would been a struggle, protecting the indus- just been too expensive to build. Neither con- also allow the Navy to enter into one trial base, from New England all the tractor, until faced with the prospect of being or more contracts and allow the Navy way to San Diego and, again, all the shut out of the program, had ever submitted a to conduct a competition for an addi- time while being open and accessible to realistic proposal for affordable construction. tional shipyard for ship construction to all Members across both party lines in They now have. be built to a design specification for terms of making sure that, again, we’re I would not be here today requesting this that ship. That technical data package going to achieve those goals and make House pass this legislation if I was not highly will belong to the United States, so if sure that our country, which is still a confident that this is the right thing to do, and something doesn’t go right with this great maritime power, is going to have that this action will not come back to be an two-ship acquisition, we have the op- a Navy that can project our force in a issue that my friend and colleague from Mis- portunity to fix that and get it back on way that, again, is adequate for the souri will need to deal with in the next Con- track. challenges of the 21st century. gress as he takes the gavel of the Seapower Absent an NDAA, it is imperative to Again, his service to this country has subcommittee. ensure that our Navy shipbuilding pro- just been extraordinary. It has been a

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.010 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8361 privilege to serve with him over the And so hats off to Chairman TAYLOR. places or docking in certain places be- last 4 years. Passing this legislation, I And I agree completely that we’re cause it is so wide. But each has their think, will be, again, another capstone going to certainly miss your expertise place overall in the Navy. to a great career in Congress. And, and your hard work, Mr. Chairman. Now, these ships, to try to put them again, I want to thank him for his serv- Mr. BARTLETT. Will the gentleman in perspective, there may be some peo- ice. yield? ple who are not immersed in the detail Mr. AKIN. Madam Speaker, I yield 2 Mr. AKIN. I yield to the gentleman here, we’re not allowed to talk about minutes to the gentleman from Mary- from Maryland. the price that’s been bid, but, generally land (Mr. BARTLETT), who has been the Mr. BARTLETT. For 4 years I was speaking, you’re looking at, you could ranking member on this committee a the chair of this subcommittee, and buy five of these for the cost of one nu- number of times. Mr. TAYLOR was my ranking member; clear-powered submarine. So what Mr. BARTLETT. Madam Speaker, and then the leadership in the Congress we’re talking about is a ship that is in- I’ve been involved with the LCS pro- changed, and for 2 years, I was his expensive enough, and we have enough gram from its very inception; and when ranking member and he was my chair. of them that it allows America to the Navy announced that they were And then, sadly, due to our term limits project its seapower to little corners of going to do a down select with this on the Republican side of the House, I the world where otherwise we don’t competition, I was somewhat dismayed had to leave that subcommittee, but have a presence that we need to have. because these are two very different never left my interest, strong interest About a year or so ago, there was a ships, an aluminum trimaran, and the in that subcommittee. lot of talk about pirates, and every- more conventional ship optimized for And I will tell you that there is no body got their best pirate voice out and these special missions. And I wasn’t person in the Congress who has been talked about the pirates that were seiz- sure that we knew enough about the more committed or more effective in ing commercial shipping. Some of that potential of these two ships to make making sure that we have the right was allowed because of the fact that we that down select during this competi- kind of Navy, the right size Navy. didn’t have as many ships as we might tion. When I first came here, I looked up like in certain areas. This would be So I was very pleased when Sean GENE TAYLOR because we shared some just one example of where these ships Stackley called me and said that they social things. And as a Democrat, he might become useful. They would be- were surprised and shocked by the kind of shone out as different than the come useful in hunting submarines and quotes that came in. Competition, you other Democrats. And we’ve become for all kinds and varieties of other mis- know, really does matter. And when the very best of friends since then. He sions. the down select was threatened, each of tells people that we’re joined at the And so this proposal that’s before us these competitors came in with a real- hip, and indeed we are. is a result of some very good work by ly good price. GENE, it’s been a real, real pleasure both Under Secretary Stackley, his So I was very pleased when the De- to serve with you, and your departure partment decided that they would like coming to us and saying, look, there is is a grave loss to this Congress and to a better way to do this but, Congress, to buy 10 of each of these ships. These our Nation. I’ve been honored to serve are multi-mission ships. I’m sure one of you have to be able to respond and be with you, sir. agile on your feet. these ships will be better for one mis- Mr. AKIN. Thank you for those most sion than another, so I am very pleased Fortunately, there is a uniform appropriate comments, ROSCOE. agreement across the people that have that we’re taking this route; and I The second gentleman that I think couldn’t be more supportive of where been working these projects that, in we need to recognize, Under Secretary fact Secretary Stackley is right and we’re going now with this. Stackley, has really helped tremen- If we’re ever going to get to a 313- this is what we should do. So hats off dously with his level of detailed knowl- ship Navy, the LCS is going to play a to Secretary Stackley and particularly edge about how you work these con- big part of that. This is going to be a to Chairman TAYLOR for the good work tracts. And he got the contracts, as huge class of ship. A half of that class that’s been done. is going to be bigger than almost any Chairman TAYLOR mentioned, reorga- I’m obviously speaking in favor of other class of ships that we have had, nized to some degree a couple of years the proposal before us here. And there so this is a win-win for everybody, and ago, and now we have two excellent was some sense of frustration early on I’m pleased that we are taking this bids before us. in trying to get the numbers and to get route. Now, one of the things that people through the details that we had to in Mr. TAYLOR. Madam Speaker, I re- know that have been around Congress a order to make a decision here; but I am serve the balance of my time. little bit is Congress has trouble mak- very comfortable that what we’re doing Mr. AKIN. Madam Speaker, before I ing decisions rapidly or even wisely is the right thing. get into my comments, I think there sometimes. I don’t think that’s the The opportunity before us to pass are a couple of people that we, as a case today. Today, Secretary Stackley this piece of legislation allows us to Congress, and even we, as a people, as came to a number of us and said, look, prove that it’s wrong once in a while Americans, need to be thankful for. there’s two different ways we could go, that Congress can’t be agile and make And the first is Chairman TAYLOR, who the way we were planning to go, which wise decisions. I’ve had a chance to work with now a is we down select, buy 10 ships, and b 1050 couple of years as the minority leader then we resubmit bids to a number of on the Seapower Committee. I don’t different vendors. We will look to the Navy and to Sec- know of anybody in our country who is He said the other alternative, which retary Stackley to help to continue to more committed to the Navy or to is very interesting, is that we just go manage this program and make sure making sure that we use our money with both contractors and buy the 20 that the bids come in as we expect, wisely, and to the overall security of ships right off the bat. And so as we that the Navy gets a good buy, and our country than Chairman TAYLOR. had a chance to ask some questions, that we work to where we should be And so I want to extend my personal though not to the degree that many of with enough ships to secure and give thanks for the fact that what you don’t us would have felt comfortable with, it Americans the security that we believe see here just for a few minutes’ discus- became apparent that we would save is necessary and to provide a safe and sion on the floor was hours and hours money for the Navy and we could peaceful world. of tours through shipyards, all kinds of project more seapower more rapidly by Madam Speaker, I yield back the bal- details, talking to all kinds of people going with both contractors, buy 10 ance of my time. and trying to make sure that a pro- from each side. Mr. TAYLOR. Madam Speaker, first gram that was a little difficult as it Now, the ships are different, as has let me again thank future Chairman started out got on track, and now is been mentioned this morning. Cer- AKIN, former Chairman BARTLETT. not only on track, but represents a sig- tainly, an aluminum trimaran is a lot I believe it was CNO Vernon Clark nificant opportunity for us to invest in different than a monohull. It has its who first proposed this program. The the security of our country. difficulties in anchoring in certain idea was to build a ship under the speed

VerDate Mar 15 2010 06:32 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.012 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8362 CONGRESSIONAL RECORD — HOUSE December 15, 2010 of light, an inexpensive ship. That ob- Whereas the Auburn University football touchdowns. Additionally, he rushed viously didn’t happen, and we learned team finished the regular season with a 12–0 242 times for 1,409 yards and 20 more some very painful mistakes as a Con- record; touchdowns. Both Newton’s passing gress, and I hope those of you who re- Whereas the Auburn University football and rushing touchdown totals are the team won the Southeastern Conference main on the committee will remember Championship game by a score of 56 to 17 best in Auburn University’s history, those painful mistakes. We can make over the University of South Carolina; and he becomes only the third NCAA mistakes doing things too rapidly. We Whereas Cameron Newton accounted for 6 major college player in history to have made a lot of mistakes in this program. touchdowns, 4 passing and 2 rushing, in the more than 20 rushing and passing But the thing I want to most com- Southeastern Conference Championship touchdowns in the same season. pliment the Armed Services Com- game; While leading the Auburn Tigers to mittee for, and particularly the Whereas the Auburn University football an undefeated 13–0 regular season, Mr. Seapower Committee, was, when we team is ranked number one in both the Bowl Newton was also named the South- Championship Series and Associated Press recognized those mistakes, we admit- eastern Conference Offensive Player of rankings; the Year and led his team to a number ted them and we went as far as to Whereas Cameron Newton was named the threaten to cancel the program if it Southeastern Conference Offensive Player of one ranking and an appearance in the wasn’t corrected. I think those threats the Year for 2010; January 10 BCS championship game. and, again, the phenomenal work of Whereas Cameron Newton was named the He was one of the four finalists for the Secretary Stackley and Secretary Walter Camp Football Foundation Player of 2010 Heisman Trophy, and he was Mabus in holding the vendors’ feet to the Year for 2010; awarded that trophy in a well-deserved the fire, the economic circumstances of Whereas Cameron Newton received the landslide victory. For his outstanding Maxwell Award for the Collegiate Player of performance, Cam Newton was offi- our Nation where people need work, the Year in 2010; and the fact that the Navy needs the ships, cially honored at the 76th annual Whereas Cameron Newton was named the Heisman Memorial Trophy Award Din- that the frigates that these ships will 76th winner of the 2010 Heisman Memorial replace are getting to the end of their Trophy for the most outstanding college ner in New York last Monday evening. useful life, and, again, the willingness football player in the United States: Now, Madam Speaker, I would like to of all the members on both sides of the therefore, be it thank Representative ROGERS, who aisle to hold these vendors accountable Resolved, That the House of Representa- represents Auburn University, and tives congratulates Auburn University quar- was the key element in turning this Representative LEWIS, who represents terback and College Park, Georgia, native Cam Newton’s hometown, for spon- program around. Cameron Newton on winning the 2010 So, again, I want to thank future soring this resolution and, once again, Heisman Trophy for being the most out- express my congratulations and the Chairman AKIN, former Chairman standing college football player in the congratulations of everyone in this BARTLETT, Mr. WITTMAN, Mr. KAGEN, United States. House to Cam Newton as the 2010 Mr. BONNER, Mr. STUPAK, Ms. BALDWIN, The SPEAKER pro tempore. Pursu- Heisman Trophy winner and wish him and Mr. CONAWAY for being cosponsors ant to the rule, the gentleman from continued success. I urge my col- of this measure. Pennsylvania (Mr. ALTMIRE) and the leagues to join me in support of this I yield back the balance of my time. gentleman from Alabama (Mr. ROGERS) The SPEAKER pro tempore. The resolution. each will control 20 minutes. I reserve the balance of my time. question is on the motion offered by The Chair recognizes the gentleman Mr. ROGERS of Alabama. I yield my- the gentleman from Mississippi (Mr. from Pennsylvania. self such time as I may consume. TAYLOR) that the House suspend the GENERAL LEAVE Madam Speaker, I rise today in rules and pass the bill, H.R. 6494, as Mr. ALTMIRE. Madam Speaker, I re- strong support of House Resolution amended. quest 5 legislative days during which 1761, a resolution congratulating Au- The question was taken; and (two- Members may revise and extend and in- burn University quarterback and Col- thirds being in the affirmative) the sert extraneous material on House Res- lege Park, Georgia, native Cam Newton rules were suspended and the bill, as olution 1761 into the RECORD. on winning the 2010 Heisman Trophy amended, was passed. The SPEAKER pro tempore. Is there for being the most outstanding college A motion to reconsider was laid on objection to the request of the gen- football player in America. the table. tleman from Pennsylvania? I would like to thank everyone that f There was no objection. came together to bring this resolution Mr. ALTMIRE. I yield myself such CONGRATULATING CAMERON NEW- to the floor today, including the lead- time as I may consume. ership of both sides, the Committee on TON ON WINNING THE 2010 Madam Speaker, as a member of the HEISMAN TROPHY Ed and Labor, and especially Mr. LEWIS Higher Education Subcommittee, I rise of Georgia. Mr. ALTMIRE. Madam Speaker, I today in support of House Resolution Madam Speaker, Cam Newton is from move to suspend the rules and agree to 1761, which congratulates Auburn Uni- College Park, Georgia, outside Atlanta, the resolution (H. Res. 1761) congratu- versity quarterback and College Park, and went to Westlake High School in lating Auburn University quarterback Georgia, native Cam Newton on win- Mr. LEWIS’ congressional district. and College Park, Georgia, native Cam- ning the 2010 Heisman Memorial Tro- From there, he came to Auburn Uni- eron Newton on winning the 2010 phy. versity in my congressional district Heisman Trophy for being the most Each year, the most outstanding col- earlier this year. Cam quickly became outstanding college football player in lege football player in the United a starting quarterback. the United States. States is recognized by the Heisman From his first few games with Au- The Clerk read the title of the resolu- Committee. Mr. Newton has earned the burn, it was easy to see that, standing tion. 76th such distinction this year. at 6–6 and 250 pounds, Cam was no ordi- The text of the resolution is as fol- Cam Newton was selected as winner nary quarterback. He could rush, lows: of the Heisman Memorial Trophy last throw, and even catch touchdowns H. RES. 1761 Saturday, December 11, live from from anywhere on the field. If the ball Whereas Cameron Newton graduated from Times Square. He became the third Au- was in his hands, he was a threat to Westlake High School in College Park, Geor- burn Tiger to win the Heisman, joining score. gia, in 2007; 1971 winner Pat Sullivan and 1985 win- Needless to say, Cam has set many Whereas Cameron Newton became Auburn ner Bo Jackson, and he is the 31st col- records in his long list of statistics University’s starting quarterback in 2010; lege quarterback to win the Heisman that are downright unbelievable. If you Whereas Cameron Newton became the first Trophy. saw his incredible performance against player in Southeastern Conference history Mr. Newton became Auburn Univer- LSU, Cam had a 49-yard run for a and only the eighth player in National Colle- giate Athletic Association Football Bowl sity’s starting quarterback just this touchdown, the miraculous comeback Subdivision history to achieve over 2,000 season, and with one very big game re- to win in the Iron Bowl in the second yards passing and over 1,000 yards rushing in maining, he has so far completed 165 of half after trailing 24–0, or, with 16 sec- a single season; his 246 passes for 2,589 yards and 28 onds left in the first half of the SEC

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.015 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8363 championship, the Hail Mary pass into To me, Cam is an inspiration, and he man on an outstanding season of college foot- the end zone for an unbelievable catch ought to be an inspiration to each and ball. by Darwin Adams, then you have seen every one of us, any of us that, for Cameron Newton came to Auburn in Janu- why Cam is such a driving force for the whatever reason, find ourselves in a ary as a transfer student from Blinn Junior Auburn Tigers and why he won the difficult or challenging situation, not College. After going through a spirited com- Heisman Trophy. to strike back at our critics, but sim- petition to decide the starting quarterback po- The one statistic that counts most to ply to use it as a motivation. sition in spring training he was awarded the Cam and most of the fans at Auburn is In such times that we do face dif- job. the undefeated record of 13–0, and in a ficulty, it is important to surround Fans were wowed, including my 11-year-old few short weeks he will play for the ourselves with good people, people that daughter Mary Elliott, with his three passing BCS championship. And, by the way, if can be mentors and encouragers. He touchdowns and two rushing touchdowns in the gentleman from Eugene, Oregon, is found that in the Auburn team. He ex- Auburn’s first game this season. From that here, watch out. pressed that in his Heisman speech, point on Mr. Newton continued to lead Auburn Madam Speaker, in Alabama, we live that his teammates were a big part of through a magical, undefeated regular season and breathe SEC football. Saturdays in his success and had encouraged him. and a victory in the SEC championship game the fall are spent with family and They had not lost faith in him. over the University of South Carolina. Just as friends watching your favorite team. I believe the coaching staff and the he had started the season Cam concluded it Regardless of who your team is, you atmosphere at Auburn University pro- with six touchdowns, two rushing and four can’t deny that Cam Newton is the best vided a loving environment, an encour- passing. college football player in America in aging environment. I commend coach By winning the 2010 Heisman Trophy, New- 2010. Gene Chizik for believing in Cam, for ton joins other Heisman winners from the To Cam and the entire Auburn Uni- giving Cam an opportunity to better State of Alabama—Mark Ingram of Alabama versity football team, I say congratula- himself and to prove himself. As a and Pat Sullivan and Bo Jackson from Au- tions and you deserve it. And to every- graduate of that school, I am proud of burn. one else, I say War Eagle! Auburn University for providing sup- With that, I yield to my friend and The State of Alabama has been blessed port and encouragement to Cam. colleague from Alabama, Spencer with great college football tradition and Cam Last year, I introduced a resolution Newton and Auburn University have continued Bachus, such time as he may consume. congratulating Mark Ingram, another Mr. BACHUS. I thank the gentleman that legacy with all of their accomplishments fine young man who preceded Cam from Alabama for yielding to me, and I this season. Newton in winning the Heisman Tro- thank he and Mr. LEWIS for bringing Mr. DeFAZIO. Madam Speaker, as a matter phy. Mark Ingram and the University this resolution. of principal, I do not support sports-related On the way over to the floor, I was on of Alabama played for and won the na- hortatory resolutions. My constituents have in- the elevator with two of my colleagues, tional championship. Auburn Univer- sisted that chronic unemployment and the lag- JOHN CULBERSON and JO ANN EMERSON, sity will try to attain that same goal. ging economy be addressed by Congress; and the gentleman from Texas and the gen- Mark Ingram from Alabama and Cam yet sporting accomplishments have foolishly tlelady from Missouri, and they both Newton from Auburn highlight a very taken precedence on Capitol Hill. My had the same comment when I told special relationship in our State of ‘‘present’’ vote on H. Res. 176I does not con- them I was coming to speak about Cam Alabama between our two finest uni- note any ill feelings toward Heisman Trophy Newton. They said: He is a phenomenal versities. They compete on the field. winner Cameron Newton or the Auburn Uni- athlete, but he gave glory to God and They compete intensely. The fans come versity athletic program. I appreciate the hard he persevered. together, both wanting to win, but work and dedication exhibited by student ath- I think that Cam Newton is a reflec- they take pride in the fact that our letes like Cameron Newton. However, I do not tion of each and every one of us. Hard- State and our universities do have a think that airing such appreciation on the ship and difficulty is a part of life; ei- competitive spirit, but also a spirit of House floor is the wisest use of time. ther we have experienced it or we will friendship. Mr. ALTMIRE. I yield back the bal- experience it. I can tell you that the people of Ala- ance of my time. bama take great pride in our State in The SPEAKER pro tempore. The b 1100 the fact that two of our finest univer- question is on the motion offered by We have seen Cam Newton and his sities have won consecutive Heisman the gentleman from Pennsylvania (Mr. family go through a challenging time; Trophies and are competing for con- ALTMIRE) that the House suspend the and, in doing so, he was not distracted. secutive national championships. It rules and agree to the resolution, H. He persevered. He maintained a posi- once again highlights what is a won- Res. 1761. tive attitude. I think we have all seen derful, intense, and enjoyable competi- The question was taken. his winning smile, a wonderful smile, tion that our two schools in Alabama The SPEAKER pro tempore. In the and that smile sustained him and I have. It is another reason why I am opinion of the Chair, two-thirds being think encouraged a lot of us through proud to call Alabama my home. in the affirmative, the ayes have it. some pretty difficult times. In fact, I In closing, again I thank the gen- Mr. ALTMIRE. Madam Speaker, on think he used some of the criticism and tleman from Anniston, Alabama (Mr. that I demand the yeas and nays. some of the difficulty and some of the ROGERS) who represents Auburn Uni- The yeas and nays were ordered. challenges as a motivation. He ap- versity well, and I say that to you as The SPEAKER pro tempore. Pursu- peared to even play better on the field. an alumnus of Auburn University. You ant to clause 8 of rule XX and the He is a phenomenal athlete. In many are a credit to our university. Chair’s prior announcement, further respects, he is almost superhuman in Mr. ROGERS of Alabama. With that, proceedings on this motion will be what he does; but in another respect, Madam Speaker, I would just urge a fa- postponed. he is very human. And the one thing vorable vote by my colleagues and that I think is a story for each and yield back the balance of my time. f every one of us, and I think Cam New- Mr. ALTMIRE. Madam Speaker, I ton is a great example, is that through- would recognize also the other three fi- FOR THE RELIEF OF SHIGERU out it all, he expressed his faith—his nalists for the Heisman Trophy and the YAMADA faith in God and his faith that God schools, Oregon, Boise State, and Stan- Ms. CHU. Madam Speaker, I move to would see him through. ford. Congratulations on great seasons. suspend the rules and pass the bill (S. You know, our God is a God of second But without question, Cam Newton de- 4010) for the relief of Shigeru Yamada. chances, a God of redemption; and I served the award. He is the best player The Clerk read the title of the bill. think it is important for us, when we in college football. We wish him con- The text of the bill is as follows: think about Cam Newton, to think tinued success and congratulations. S. 4010 about a young man that improved him- Mr. ADERHOLT. Madam Speaker, I would Be it enacted by the Senate and House of Rep- self, that did better, that resolved to like to take this opportunity to voice my sup- resentatives of the United States of America in learn from the experiences he had. port for H. Res. 1761 and commend a young Congress assembled,

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.017 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8364 CONGRESSIONAL RECORD — HOUSE December 15, 2010 SECTION 1. PERMANENT RESIDENT STATUS FOR and his two sisters, Shigeru entered I urge my colleagues to support this SHIGERU YAMADA. the country on a non-immigrant visa important legislation. (a) IN GENERAL.—Notwithstanding sub- sections (a) and (b) of section 201 of the Im- and remained in the United States for U.S. DEPARTMENT OF HOMELAND SE- migration and Nationality Act (8 U.S.C. over 3 years on his mother’s student CURITY, IMMIGRATION AND CUS- 1151), Shigeru Yamada shall be eligible for visa. During this period, Shigeru’s TOMS ENFORCEMENT, issuance of an immigrant visa or for adjust- mother became engaged to a U.S. cit- Washington, DC, Aug. 27, 2009. ment of status to that of an alien lawfully izen. Had she married her fiance, she Hon. ZOE LOFGREN, admitted for permanent residence upon fil- and her children would have been able Chairwoman, Subcommittee on Immigration, ing an application for issuance of an immi- Citizenship, Refugees, Border Security, & to obtain lawful permanent residence International Law, Committee on the Judi- grant visa under section 204 of that Act (8 in the country. However, in September U.S.C. 1154) or for adjustment of status to ciary, House of Representatives, Wash- lawful permanent resident. 1995, when Shigeru was only 13 years ington, DC. (b) ADJUSTMENT OF STATUS.—If Shigeru Ya- old, his mother was killed in a car acci- DEAR MADAM CHAIRWOMAN: In response to mada enters the United States before the fil- dent. your request for a report relative to H.R. 698, ing deadline specified in subsection (c), After his mother’s death, Shigeru private legislation for the relief of Shigeru Shigeru Yamada shall be considered to have and his sisters were raised by their ma- Yamada, enclosed is a memorandum of infor- entered and remained lawfully and shall be ternal aunt and uncle in Chula Vista, mation concerning the beneficiary. eligible for adjustment of status under sec- California. Shigeru’s natural father The bill provides that the beneficiary shall be eligible for issuance of an immigrant visa tion 245 of the Immigration and Nationality was an alcoholic who was physically Act (8 U.S.C. 1255) as of the date of the enact- or for adjustment of status to that of an ment of this Act. abusive to Shigeru, his sisters, and alien lawfully admitted for permanent resi- (c) APPLICATION AND PAYMENT OF FEES.— their mother. There was no other via- dence upon filing an application for issuance Subsections (a) and (b) shall apply only if the ble caretaker in Japan. of an immigrant visa under section 204 of the application for issuance of an immigrant Shigeru’s aunt attempted to formally Immigration and Nationality Act or for ad- visa or the application for adjustment of sta- adopt him, but was unable to complete justment of status to lawful permanent resi- tus is filed with appropriate fees not later the adoption before his 16th birthday. dent. than 2 years after the date of the enactment Under current immigration law, vir- We hope the information provided is use- ful. Please do not hesitate to call me if you of this Act. tually all adoptions of foreign children (d) REDUCTION OF IMMIGRANT VISA NUM- have additional questions. BERS.—Upon the granting of an immigrant by U.S. citizens must be completed be- Sincerely, visa or permanent residence to Shigeru Ya- fore the child’s 16th birthday in order ELLIOT WILLIAMS, mada, the Secretary of State shall instruct for the child to qualify for legal status Director. the proper officer to reduce by 1, during the in the United States. Although DEPARTMENT OF HOMELAND SECURITY IMMIGRA- current or subsequent fiscal year, the total Shigeru’s sisters obtained legal status TION AND CUSTOMS ENFORCEMENT MEMO- number of immigrant visas that are made through adoption and marriage, RANDUM OF INFORMATION FOR H.R. 698 111TH available to natives of the country of birth Shigeru continued to reside here with- CONGRESS of Shigeru Yamada under section 203(a) of Shigeru YAMADA (A 97 476 166) is the bene- the Immigration and Nationality Act (8 out such status. ficiary of H.R. 698, private legislation intro- U.S.C. 1153(a)) or, if applicable, the total In the meantime, Shigeru became a duced by Congressman Filner on January 26, number of immigrant visas that are made model student, graduating from East- 2009. Sen. Diane Feinstein introduced a com- available to natives of the country of birth lake High School with honors in 2010. panion bill in the Senate, S. 124, on January of Shigeru Yamada under section 202(e) of At Eastlake, he served on student gov- 6, 2009. Sen. Feinstein previously introduced that Act (8 U.S.C. 1152(e)). ernment, participated in numerous (e) PAYGO.—The budgetary effects of this S. 418, in the 110th Congress, S. 111 in the community service activities, and ex- 109th Congress and S. 2548 in the 108th Con- Act, for the purpose of complying with the celled at football and wrestling. He was Statutory Pay-As-You-Go-Act of 2010, shall gress, identical bills to benefit Mr. Yamada. be determined by reference to the latest an All-American Scholar and was Congressman Filner introduced an identical statement titled ‘‘Budgetary Effects of named Outstanding English Student bill, H.R. 2760 in the 110th Congress, which PAYGO Legislation’’ for this Act, submitted his freshman year. He was also voted was passed by the House of Representatives, for printing in the Congressional Record by the Most Inspirational Player of the but not acted upon by the Senate. the Chairman of the Senate Budget Com- Year in various sports, both at the jun- On May 7, 2009, an ICE Special Agent inter- viewed YAMADA for the purpose of updating mittee, provided that such statement has ior varsity and varsity level. He served been submitted prior to the vote on passage. information contained in previous reports to as vice president of the associated stu- the Senate Judiciary Committee, Sub- The SPEAKER pro tempore. Pursu- dent body his senior year. committee on Immigration, Refugees, and ant to the rule, the gentlewoman from Shigeru also volunteered to coach Border Security. The beneficiary, Shigeru California (Ms. CHU) and the gentleman the Eastlake High School softball team YAMADA, a native and citizen of Japan, was from Texas (Mr. POE) each will control and obtained an associate’s degree born on March 26, 1982, in Japan. On March 20 minutes. from Southwestern Community Col- 27, 1992, YAMADA entered the United States The Chair recognizes the gentle- lege. as a non-immigrant visitor along with his woman from California. mother and two sisters. Shortly after their b 1110 entry, YAMADA’s mother changed her non- GENERAL LEAVE It is through no fault of his own that immigrant status from a visitor to that of a Ms. CHU. I ask unanimous consent student. YAMADA resided with his mother that all Members have 5 legislative Shigeru was raised in the United and two sisters until his mother passed away days to revise and extend their re- States without legal immigration sta- in an automobile accident on September 15, marks and include extraneous material tus. Shigeru’s mother died before she 1995. YAMADA then went on to live with his on the bill under consideration. could regularize his status, and adop- maternal aunt, Kumsook Jae in the San The SPEAKER pro tempore. Is there tion proceedings by his aunt were com- Diego area until January, 2003. objection to the request of the gentle- pleted too late to affect his immigra- YAMADA graduated form Eastlake High woman from California? tion status. S. 4010 presents the only School in June, 2000, and then went on to option for Shigeru to remain in the earn an Associates degree from South- There was no objection. western College in June, 2005. YAMADA is Ms. CHU. I yield myself such time as United States. currently employed at the San Diego Lasik I may consume. I commend Representative BOB FIL- Institute as a Lasik Coordinator and earns S. 4010 is an immigration relief bill NER and Senator DIANNE FEINSTEIN, approximately $50,000.00 per year. YAMADA for Shigeru Yamada. The House passed who each introduced their first private has been employed at his current location a substantially identical version of this immigration bill on Shigeru’s behalf since January, 2008. Prior to this employ- bill by voice vote in the 110th Congress, back in the 108th Congress. I would ment, YAMADA worked as a sales associate but the Senate was unable to take up also like to recognize Judiciary Com- at Nordstrom Department Store in San the measure. I am pleased to see that mittee Chairman John Conyers, Immi- Diego, CA from September, 2004, until Octo- gration Subcommittee Chairwoman ber, 2007. the House will have an opportunity to On May 8, 2009, the National Crime Identi- vote on final passage today. Zoe Lofgren and Judiciary Committee fication Center (NCIC) and Central Index Shigeru was brought to the United Ranking Member Lamar Smith for Identifier were queried for criminal histories States from Japan when he was 10 their help in moving this bill to the on beneficiary Shigeru YAMADA. NCIC re- years old. Together with his mother floor today. vealed YAMADA had been issued

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.009 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8365 FBI#386666EC7 on May 10, 2004 after his ar- of foreign children by U.S. citizens must be was active in sports, student government, and rest on April 26, 2004, by the U.S. Border Pa- completed before the child’s 16th birthday in the community, while maintaining almost a trol in San Diego, CA. YAMADA was issued order for the child to qualify for legal status in 4.00 GPA. Yamada has attended South- a Notice to Appear for Removal Proceedings by the U.S. Border Patrol for having violated the United States. Although Shigeru’s sisters western College and is a model member of the terms of his entry into the United obtained legal status through adoption and the Chula Vista, California community. His two States. These proceedings were terminated marriage, Shigeru continued to reside here younger sisters were able to become citizens. without prejudice on June 15, 2004. Mr. YA- without such status. One married a U.S. citizen and the other one MADA was granted deferred action on July Despite these difficulties, Shigeru shined. was adopted by family members. The family 8, 2004, as a matter of prosecutorial discre- He graduated with honors in 2000 from East- tried to adopt Shigeru, but they were not suc- tion. lake High School, where he served on student cessful. Yamada does not have any family or I reserve the balance of my time. government, participated in numerous commu- home in Japan. His mother’s side of the family Mr. POE of Texas. Madam Speaker, I nity service activities, and excelled at football is Korean which makes it extremely difficult for yield myself such time as I may con- and wrestling. He was an All-American Schol- him to integrate into Japanese society. He sume. ar and was named ‘‘Outstanding English Stu- would be virtually unemployable in Japan be- Madam Speaker, I am pleased to sup- dent’’ his freshman year. He was also voted cause he does not speak, read, or write Japa- port this legislation. Shigeru Yamada the ‘‘Most Inspirational Player of the Year’’ in nese. His situation shows that he would suffer was born in Japan in 1992. When various sports, both at the junior-varsity and extreme hardship if forced to return to Japan. Shigeru was 10 years old, his mother varsity level. He served as vice president of The passage of this bill brings justice one step brought him to the United States as a the associated student body his senior year. closer to Yamada. We want and need more dependent on her student visa. In 1995 Shigeru later obtained an associate’s degree people like Shigeru in our country and he de- when Shigeru was 13 years old, his from Southwestern Community College. serves the opportunity to become a permanent mother was killed in a car accident. Shigeru’s story highlights so many things U.S. citizen. Once again, I’d like to thank the At the time of her death, Shigeru’s that are wrong with our current immigration leadership for passage of this critical bill. mother was engaged to be married to system. First, Shigeru is just the type of young Mr. POE of Texas. I yield back the an American citizen. If his mother had person who would benefit from the DREAM balance of my time. survived and in fact married the U.S. Act, which passed the House with bipartisan Ms. CHU. Madam Speaker, I yield citizen, Shigeru would have obtained support 1 week ago today. More importantly, back the balance of my time. legal permanent resident status America is just the country that would benefit The SPEAKER pro tempore. The through her. Shigeru’s natural father from providing Shigeru a path to lawful status, question is on the motion offered by was an alcoholic and physically abu- so that he could continue to excel and serve the gentlewoman from California (Ms. sive to Shigeru’s mother and the sib- as a model to all those around him. CHU) that the House suspend the rules lings. After the mother’s death, Second, Shigeru’s story highlights the non- and pass the bill, S. 4010. Shigeru and the siblings were raised by sensical inflexibility of our international adop- The question was taken; and (two- an aunt in Chula Vista, California. tion rules. Earlier this summer, the House thirds being in the affirmative) the Although Shigeru’s aunt attempted passed H.R. 5532, the International Adoption rules were suspended and the bill was to formally adopt Shigeru, the adop- Harmonization Act of 2010. H.R. 5532 would passed. tion was not completed before the 18th harmonize our international adoption rules by A motion to reconsider was laid on birthday. Under current immigration setting the uniform deadline by which all adop- the table. law, Shigeru would have had to have tions must be finalized at a child’s 18th birth- f been adopted before the age of 16 to ob- day. One purpose of H.R. 5532 is to ensure tain legal immigration status in the that when a child is legally adopted by U.S. FOR THE RELIEF OF HOTARU United States. Shigeru’s younger sib- citizen parents between the child’s 16th and NAKAMA FERSCHKE ling was adopted by another family 18th birthdays, the child is permitted to remain Ms. CHU. Madam Speaker, I move to while another sibling was married to with his or her parents in the United States. suspend the rules and pass the bill (S. an American citizen. Shigeru attended The need for this commonsense piece of leg- 1774) for the relief of Hotaru Nakama Eastlake High School and graduated islation was demonstrated by the many private Ferschke. with honors in 2000. immigration laws enacted by previous Con- The Clerk read the title of the bill. This bill easily fits within the mod- gresses to provide exactly this form of relief to The text of the bill is as follows: ern-era private immigration bill prece- just those individual children who came to our S. 1774 dent. Private immigration bills have attention—bills just like the one before us Be it enacted by the Senate and House of Rep- been enacted where the foreigners, the today. H.R. 5532 remains stalled in the Sen- resentatives of the United States of America in aliens, have been abandoned by their ate, which represents a real failure to protect Congress assembled, parents or the parents had died. As this American families and adopted children. SECTION 1. PERMANENT RESIDENT STATUS FOR bill is consistent with private immigra- I remain hopeful that our Senate colleagues HOTARU NAKAMA FERSCHKE. tion bill precedent, and the Depart- on both sides of the aisle will recognize that (a) IN GENERAL.—Notwithstanding sub- ment of Homeland Security report re- passage of the DREAM Act and H.R. 5532 sections (a) and (b) of section 201 of the Im- vealed no adverse information about are both in America’s best interest. But under migration and Nationality Act, Hotaru Nakama Ferschke shall be eligible for the beneficiary, I urge my colleagues current law, S. 4010 represents the only op- issuance of an immigrant visa or for adjust- to support it. tion for Shigeru Yamada to remain in the ment of status to that of an alien lawfully Ms. ZOE LOFGREN of California. Madam United States, the country that he rightly calls admitted for permanent residence upon fil- Speaker, Shigeru Yamada was brought to the home. ing an application for issuance of an immi- United States from Japan when he was 10 Mr. FILNER. Madam Speaker, I’d like to grant visa under section 204 of such Act or years old. He entered the country on a non- thank Senator FEINSTEIN, the Senate and for adjustment of status to lawful permanent immigrant visa with his mother and his two House Judiciary Committees, Chairman CON- resident. (b) ADJUSTMENT OF STATUS.—If Hotaru sisters, and remained here on his mother’s YERS, and Chairwoman LOFGREN for their leadership in the passage of S. 4010, a bill for Nakama Ferschke enters the United States student visa for over 3 years. Although his before the filing deadline specified in sub- mother became engaged to a U.S. citizen, the relief of Shigeru Yamada, an extraordinary section (c), she shall be considered to have which would have resulted in lawful permanent young man who is in danger of being deported entered and remained lawfully and shall, if resident status for Shigeru and his sisters, back to Japan, despite living here for most of otherwise eligible, be eligible for adjustment tragedy prevented this from coming to pass. his life. Shigeru came to the U.S. legally in of status under section 245 of the Immigra- When Shigeru was 13 years old, his mother 1992 at the age of 10 with his mother and two tion and Nationality Act as of the date of was killed in a car accident, and he and his younger sisters. In 1995, when Yamada was the enactment of this Act. siblings were taken to live with their maternal 13 years old, his mother was tragically killed (c) DEADLINE FOR APPLICATION AND PAY- MENT OF FEES.—Subsections (a) and (b) shall aunt and uncle in Chula Vista, California. in a car accident. Yamada and his sisters apply only if the application for issuance of When Shigeru’s aunt attempted to formally were suddenly orphaned, and due to a change an immigrant visa or the application for ad- adopt him, she was unable to complete the in immigration laws, were stripped of their justment of status is filed with appropriate process before he turned 16 years old. Under legal status. Notwithstanding personal adversi- fees within 2 years after the date of the en- current immigration law, virtually all adoptions ties, Yamada excelled in high school where he actment of this Act.

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.006 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8366 CONGRESSIONAL RECORD — HOUSE December 15, 2010 (d) REDUCTION OF IMMIGRANT VISA NUM- Ferschke, Jr. Memorial Act. The pur- base in Okinawa, Japan. They traveled to BER.—Upon the granting of an immigrant pose of that bill was to fix Mrs. the United States from December 22, 2007, visa or permanent residence to Hotaru Ferschke’s situation and to ensure that through December 30, 2007, for the Christmas Nakama Ferschke, the Secretary of State no other family is left in a similar situ- holiday, where she met Michael’s parents, shall instruct the proper officer to reduce by Mr. Michael H. Ferschke, and Mrs. Robin 1, during the current or next following fiscal ation. Because that bill remains stuck Ferschke. When Michael Ferschke, Jr. re- year, the total number of immigrant visas in the Senate, a relief bill for Mrs. ceived orders to deploy to Iraq, Hotaru, who that are made available to natives of the Ferschke is the only way to right this was pregnant, remained in Okinawa. Michael country of the alien’s birth under section wrong. Ferschke Jr. and Hotaru Nakama were mar- 203(a) of the Immigration and Nationality I commend Senators WEBB, ALEX- ried via teleconference on July 10, 2008, while Act or, if applicable, the total number of im- ANDER, CORKER, and UDALL for intro- he was in Iraq and she was in Japan. One migrant visas that are made available to na- ducing this bill in the Senate, and Rep- month later, Michael was killed during Oper- tives of the country of the alien’s birth resentative JOHN DUNCAN for his work ation Iraqi Freedom in support of the Global under section 202(e) of such Act. on a companion bill in the House. I War on Terrorism. On August 15, 2008, Mrs. Hotaru Ferschke (e) PAYGO.—The budgetary effects of this would also recognize Judiciary Com- Act, for the purpose of complying with the returned to the United States to attend the Statutory Pay-As-You-Go-Act of 2010, shall mittee Chairman JOHN CONYERS, Immi- funeral for her late husband in Maryville, be determined by reference to the latest gration Subcommittee Chairwoman Tennessee. She returned to Okinawa on Au- statement titled ‘‘Budgetary Effects of ZOE LOFGREN, and Judiciary Com- gust 31, 2008. PAYGO Legislation’’ for this Act, submitted mittee Ranking Member LAMAR SMITH On January 9, 2009, Mrs. Hotaru Ferschke for printing in the Congressional Record by for helping to move this bill to the gave birth to a son, Michael Harvey the Chairman of the Senate Budget Com- floor. Ferschke III at the Chatan Hospital, Oki- mittee, provided that such statement has I urge my colleagues to support this nawa, Japan, and on February 27, 2009, she been submitted prior to the vote on passage. important legislation. brought her newborn son to the United The SPEAKER pro tempore. Pursu- States. When in the United States, they re- U.S. DEPARTMENT OF HOMELAND side with her late husband’s parents in Ten- ant to the rule, the gentlewoman from SECURITY, nessee. Neighbors have welcomed Hotaru and California (Ms. CHU) and the gentleman Washington, DC., March 5, 2010. her new son into the community. from Texas (Mr. POE) each will control Hon. ZOE LOFGREN, Mrs. Ferschke is the daughter of Mr. 20 minutes. Chair, Subcommittee on Immigration, Citizen- Masaaki and Mrs. Takako Nakama, both of The Chair recognizes the gentle- ship, Refugees, Border Security, and Inter- whom are natives and citizens of Japan. Mrs. woman from California. national Law Committee on the Judiciary, Hotaru Ferschke resides with her mother House of Representatives, Washington, DC. and grandmother, Mitsu Shinzato. Mrs. GENERAL LEAVE DEAR MADAM CHAIR: In response to your re- Hotaru Ferschke is one of four children, be- Ms. CHU. Madam Speaker, I ask quest for a report relative to H.R. 3182, pri- tween sisters, Madoka Kudaka and Reika unanimous consent that all Members vate legislation for the relief of Hotaru Nakama and her half-sister NaNami may have 5 legislative days to revise Nakama Ferschke, enclosed is a memo- Nakama. Mrs. Hotaru Ferschke attended and extend their remarks and include randum of information concerning the bene- Okinawa Christian Junior College where she ficiary. This report is an update of one pre- extraneous material on the bill under majored in English. viously provided your committee on Feb- Mrs. Hotaru Ferschke is currently em- consideration. ruary 26, 2010, revised to reflect additional The SPEAKER pro tempore. Is there ployed as an Administrative Specialist with information provided by your staff. the United States Army’s 83rd Ordnance Bat- The bill provides that the beneficiary shall objection to the request of the gentle- talion CASB, Kadena Air Base Okinawa, be eligible for issuance of an immigrant visa woman from California? Japan where she has been employed since or for adjustment of status to that of an There was no objection. August 2007. Prior to her employment with alien lawfully admitted for permanent resi- Ms. CHU. Madam Speaker, I yield the 83rd Ordnance Battalion she was em- dence upon filing an application for issuance ployed at the Camp Courtney Commissary, myself such time as I may consume. of an immigrant visa under section 204 of the S. 1774 is an immigration relief bill Immigration and Nationality Act or for ad- Unit 5156, as a sales clerk. Her annual salary for Hotaru Nakama Ferschke. By now justment of status to lawful permanent resi- is estimated to be $24,000.00 per year. Mrs. Hotaru Ferschke has seen substantial the story of Mrs. Ferschke and her late dent. support from the community here in the husband, Marine Sergeant Michael H. We hope the information provided is use- ful. Please do not hesitate to call me if you United States. Mrs. Hotaru Ferschke is not Ferschke, Jr., should be well known to employed in the United States. She is a new Members of the House. have additional questions. Sincerely, member of the American Widows Project, a The couple met in March 2007 when ELLIOT WILLIAMS, support group for the wives and husbands of Sergeant Ferschke was stationed at Director. fallen U.S. soldiers. Record checks con- cerning criminal activity with U.S. Federal, Camp Schwab in Okinawa, Japan. They DEPARTMENT OF HOMELAND SECURITY state, and local law enforcement agencies re- dated for more than 1 year before Ser- U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT geant Ferschke was deployed to Iraq. vealed no derogatory information. Commer- MEMORANDUM OF INFORMATION FOR H.R. 3182, cial databases revealed no known debts or Shortly before his departure, they 111TH CONGRESS encumbrances, foreign or domestic. Inquiries learned that they were going to have a On July 10, 2009, Rep. John Duncan (R–TN) with neighbors of Mr. Michael H. Ferschke baby. They spoke about getting mar- introduced H.R. 3182, private legislation to and Mrs. Robin Ferschke regarding Hotaru ried, moving back to the United States, provide immigration relief for Mrs. Hotaru Ferschke revealed no derogatory informa- and raising a family together. Ferschke. This is the first private bill filed tion. Two months after arriving in Iraq, on her behalf. I reserve the balance of my time. The beneficiary is the widow of Michael they were married through a ceremony Harvey Ferschke, Jr., a United States Ma- Mr. POE of Texas. Madam Speaker, I conducted over the telephone. But just rine who was killed-in-action August 10, 2008, am pleased to support this bill, and I 1 month later, Sergeant Ferschke trag- as a result of a gunshot wound received as a would like to yield such time as he ically lost his life in combat. member of a dismounted patrol that was may consume to the gentleman from The United States military recog- conducting combat operations in Tikrit, Tennessee (Mr. DUNCAN) for all of his nizes the couple’s marriage for pur- Iraq. Mr. Ferschke passed away before an I– efforts on companion legislation. poses of providing Mrs. Ferschke with 130 immediate relative petition could be filed Mr. DUNCAN. Madam Speaker, I a death gratuity. But our immigration on Ms. Ferschke’s behalf. Mrs. Hotaru Ferschke was born on October thank the gentlewoman from Cali- laws recognize only proxy marriages 20, 1983, and is a native and citizen of Japan. fornia (Ms. CHU) and the gentleman that have been consummated, some- Mrs. Hotaru Ferschke has entered the United from Texas (Mr. POE) for their work in thing this couple was never able to do States 3 times as a temporary visitor. She bringing this bill to the floor at this following the marriage. As a result, entered the United States on December 12, time. Mrs. Ferschke has been unable to move 2007, August 15, 2008, and February 27, 2009. As has been described, this is a pri- to the United States on an immigrant Each time she came to the U.S. she complied vate relief bill attempting to allow the visa, and her hopes of raising their son with the terms of her visa and departed be- young widow of a marine who was with the love and support of Sergeant fore her visa expired. Ms. Ferschke has never killed in combat in Iraq to bring the been placed in removal proceedings or or- Ferschke’s family have been thwarted. dered removed. couple’s young son and come to live Last month, the House passed H.R. Mrs. Hotaru Ferschke met her husband with the marine’s family in the State 6397, the Marine Sergeant Michael H. while he was stationed at the U.S. Marine of Tennessee in my district.

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.011 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8367 While everyone has supported this killed in combat. Although the mar- unless the marriage shall have been con- bill every step of the way, it has run riage is legally valid and recognized by summated.’’ Thus, the Ferschke’s marriage is into some technical or procedural dif- the military, in order for Mrs. not recognized for immigration purposes be- ficulties that have delayed it until this Ferschke to be recognized as Sergeant cause it was never consummated. point. As has previously been stated, I Ferschke’s spouse for immigration pur- This provision, enacted in 1952, was de- would like, as Ms. CHU did, to thank poses, the marriage itself would have signed to prevent marriage fraud. However, particularly Senator ALEXANDER and had to have been consummated. Under according to the U.S. Embassy in Seoul, Senator WEBB who have taken such a the circumstances, this wasn’t pos- Korea, it is clear that the Ferschke’s relation- personal interest in this bill on the sible. The law makes no allowance to ship was bona fide. Senate side, and I would like to once the fact that Mrs. Ferschke was al- While there is no precedent for such a pri- again thank the House for passing the ready pregnant with her husband’s vate bill, the case seems to be relatively general bill last month. child before the marriage ceremony unique and meritorious. There is no indication Mrs. Ferschke, the mother of this took place. that there was any fraud associated with the soldier, first came to see me about this I could go on and tell additional de- Ferschke’s marriage. in December of 2008. Early in this Con- tails, but I’ll just leave those for the I urge my colleagues to support this bill. Let gress, we introduced a private relief statement that I have and say that this us pay honor to the memory of Michael bill. It took a few months to get the is something that I think everyone has Ferschke and grant his widow a future in the necessary information and complete wanted to support all through this, and U.S. the required paperwork, but this pri- it is a great moment for this family to Ms. ZOE LOFGREN of California. Madam vate bill was taken up by the Sub- hopefully finally complete this at this Speaker, as Chairwoman of the House Immi- committee on Immigration in the Judi- time at the tail end of this Congress. gration Subcommittee, I first learned about Hotaru Ferschke and her late-husband, Marine ciary Committee on July 23, 2009. At And so I urge my colleagues to support Sergeant Michael H. Ferschke, Jr., when the that time it received the support of this very worthwhile legislation. Subcommittee formally met to consider H.R. both Chairwoman LOFGREN and Rank- Ms. CHU. Madam Speaker, I reserve 3182, a private immigration bill introduced by ing Member KING, both of whom I the balance of my time. Representative JOHN DUNCAN. The Ferschke would also like to thank. However, at Mr. POE of Texas. Madam Speaker, I case highlighted a little-known provision in our that point there were some objections yield myself such time as I may con- immigration laws, which states that when a to doing private bills in the other body, sume. marriage takes place between two persons and so at the direction of the staff of Madam Speaker, I strongly support who cannot both be physically present during the Judiciary Committee, both major- this legislation. I once again want to thank the gentleman from Tennessee the ceremony, the marriage is not valid unless ity and minority, we attempted to do and until it is consummated. The provision al- an amendment to the Defense bill. (Mr. DUNCAN) for his efforts in this. It’s a perfect example of how, if there’s a lows no exceptions, even where the bona However, some of the people on the fides of the marriage is recognized for other Rules Committee, while supporting the problem, an issue with a constituent in a congressional district, the gentleman purposes and consummation of the relation- bill, did not feel it was germane to the ship prior to marriage can be demonstrated Defense bill, which we also had to from Tennessee took the bull by the horns, so to speak, and solved this beyond a shadow of a doubt. agree with, but we were doing that at Last month, I joined Representatives DUN- problem and brought it before the at- the direction of others. But I also CAN, JIM MCGOVERN, and LAMAR SMITH in of- tention of Congress in an effort to re- would like to thank the gentleman fering H.R. 6397, a bill that would amend this from Massachusetts (Mr. MCGOVERN) solve this problem. provision of our immigration laws to account because hearing about this at the Rules I am pleased to support this bill for Hotaru for situations—like the one presented here— Committee, he took a special and per- Ferschke and would like to thank JOHN DUN- where the failure to consummate such a mar- sonal interest in this bill also. CAN for all his efforts on her behalf. Hotaru is riage was the result of service abroad in the We then introduced a general bill, the widow of the late Sgt. Michael Ferschke United States Armed Forces. I was pleased once again working with the staff of (U.S. Marine Corps). She was born in Oki- that the House passed that bill by voice vote, the Judiciary Committee, whom I nawa, Japan, and met Sgt. Ferschke there in but we now must await final passage in the would also like to thank. That bill was 2007, where he was stationed at USMC Camp Senate. passed last month in the House, but we Schwab. They dated for more than a year be- In the meantime, S. 1774 provides the only ran into some objections here, and that fore Michael was deployed to Iraq in 2008. means by which Hotaru Ferschke will be able is why we are back here today on this Shortly before Michael was deployed to to obtain lawful permanent residence in the private relief bill. Iraq, the couple learned that Hotaru was preg- United States, so that she may raise her nant. They had planned to marry before she b 1120 son—Mikey—in the country for which his fa- became pregnant. Michael and Hotaru were ther gave his life. Hotaru Ferschke, as has been stated, married ‘‘by proxy’’ via telephone on July 10, Moreover, as the House is poised to pass is the widow of the late Sergeant Mi- 2008, while Sgt. Ferschke was in Iraq. They the first private immigration bills that will be chael Ferschke of the U.S. Marine were never able to see each other after their sent to the President in 6 years, it is worth Corps. She was born on October 20, 1983, marriage because Michael was killed in com- making some brief remarks about such bills in Okinawa, Japan. In March 2007, as bat on August 10, 2008. Hotaru gave birth to more generally. Private legislation is perhaps Ms. CHU said, when Sergeant Ferschke Michael Ferschke, III on January 7, 2009. Mi- the narrowest, most targeted form of relief that was stationed in Okinawa, he met her chael is a United States citizen. Congress can provide. Private immigration at a mutual friend’s party. They dated Normally, the Immigration and Nationality bills have long been recognized as necessary for more than a year before Sergeant Act would allow Hotaru to receive her green in compelling circumstances where the inflexi- Ferschke was deployed to Iraq in April card, despite the death of her husband. The ble application of existing law would lead to 2008. Shortly before Sergeant Ferschke INA provides that ‘‘in the case of an alien who extraordinary hardship. Such bills also can deployed, the couple learned that was the spouse of a citizen of the United help Congress identify systemic problems with Hotaru was pregnant. Sergeant States at the time of the citizen’s death . . . our laws. Ferschke’s parents and members of his if the citizen served honorably in an active This country has a long history of passing military unit in Iraq have attested to duty status in the military, air, or naval forces private immigration legislation. According to the fact that the couple already had of the United States and died as a result of in- the Congressional Research Service, from planned to marry before Hotaru be- jury or disease incurred in or aggravated by 1936–2004, at least one private immigration came pregnant and had decided to live combat, the alien . . . shall be considered law was enacted in each Congress. During the and raise their future family in the . . . to remain an immediate relative after the Cold War, Congress enacted well over 1,000 United States. date of the citizen’s death. . . .’’ private immigration laws. The couple was married by proxy, by However, the INA also provides that the This long history came to a grinding halt in telephone, by a military chaplain in term spouse ‘‘does not include a spouse . . . the 109th Congress, when Congress failed to July of 2008 while Sergeant Ferschke by reason of any marriage ceremony where enact a single private immigration law. The was in Iraq. But 1 month later, in Au- the contracting parties thereto are not phys- same was true of the 110th Congress and, gust of 2008, Sergeant Ferschke was ically present in the presence of each other, until just recently, the 111th.

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\K15DE7.026 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8368 CONGRESSIONAL RECORD — HOUSE December 15, 2010 The Senate’s passage of the two immigra- Whereas the American Academy of Physi- for bringing to our attention the im- tion relief bills before us today—S. 4010 and cian Assistants recognizes October 6–12, 2010 portant services physician assistants S. 1774—is therefore important not only for as National Physician Assistant Week; and provide and congratulate her for get- Whereas the physician assistant profession ting this resolution to the floor. the two beneficiaries of the bills and their fam- is positioned to be able to adapt and respond ily members, but also for the private bill proc- to the evolving needs of the health care sys- Physician assistants practice medi- ess itself. Our immigration laws are broken— tem by virtue of— cine under a physician’s supervision. A there can be no doubt about that—and I am (1) comprehensive educational programs PA’s practice can include diagnostic, a firm believer that those laws must be re- that prepare physician assistants for a ca- therapeutic, and preventive care. On formed. But even a perfect set of laws will oc- reer in general medicine; and any given day, a PA could prescribe casionally result in cases of extraordinary (2) a team-based approach to providing pa- medication, order and interpret x-rays, hardship, for which an individual exception to tient-centered medical care: Now, therefore, attend surgery, give advice to patients, be it the law may be necessary. Private immigration Resolved, That the House of Representa- and may also have supervisory respon- relief bills have played a significant role in our tives supports— sibilities. A PA is supervised by a phy- history, and I am hopeful that they will con- (1) the critical role of the physician assist- sician, but at facilities where the phy- tinue to play such a role after today’s impor- ant profession for the significant impact the sician is present for only a few days tant votes. profession has made and will continue to each week, the PA may be a patient’s Mr. POE of Texas. I yield back the make in health care; and principal health care provider. This in- balance of my time. (2) the goals and ideals of National Physi- creases the flexibility of the medical Ms. CHU. Madam Speaker, I yield cian Assistant Week. profession and ensures patients have back the balance of my time. The SPEAKER pro tempore. Pursu- access to quality care. The SPEAKER pro tempore. The ant to the rule, the gentleman from PAs in every State are required to question is on the motion offered by New Jersey (Mr. PALLONE) and the gen- pass the Physician Assistant National the gentlewoman from California (Ms. tleman from Nebraska (Mr. TERRY) Certifying Examination. In order to CHU) that the House suspend the rules each will control 20 minutes. take this exam, a candidate must be a and pass the bill, S. 1774. The Chair recognizes the gentleman graduate of an accredited PA program, The question was taken; and (two- from New Jersey. which includes classroom, laboratory, thirds being in the affirmative) the GENERAL LEAVE and clinical training in several spe- rules were suspended and the bill was Mr. PALLONE. Madam Speaker, I cialty areas. To maintain their certifi- passed. ask unanimous consent that all Mem- cation, PAs must complete many hours A motion to reconsider was laid on bers may have 5 legislative days in of continuing medical education and a the table. which to revise and extend their re- recertification examination. PAs are f marks and include extraneous material highly educated, highly trained, work SUPPORTING NATIONAL in the RECORD. extremely hard, and are a vital cog in PHYSICIAN ASSISTANT WEEK The SPEAKER pro tempore. Is there our Nation’s health care system. I hope objection to the request of the gen- Mr. PALLONE. Madam Speaker, I all will join me in saluting our Na- tleman from Nebraska? move to suspend the rules and agree to tion’s PAs for their commitment and There was no objection. dedication, and I urge your support for the resolution (H. Res. 1600) supporting Mr. PALLONE. Madam Speaker, I the critical role of the physician assist- this resolution. yield myself such time as I may con- I reserve the balance of my time. ant profession and supporting the goals sume. and ideals of National Physician As- Mr. PALLONE. Madam Speaker, I Madam Speaker, House Resolution yield such time as she may consume to sistant Week, as amended. 1600 recognizes the critical role of phy- The Clerk read the title of the resolu- the Congresswoman from Minnesota sician assistants in our health care sys- tion. who is the sponsor of the bill, Ms. tem by designating October 6–12 of 2010 The text of the resolution is as fol- BETTY MCCOLLUM. as National Physician Assistant Week. lows: Ms. MCCOLLUM. I would like to Physician assistants, or PAs, prac- AXMAN H. RES. 1600 thank Chairman W and I would tice in a collaborative setting with like to thank Representative PALLONE Whereas more than 75,000 physician assist- physicians, nurses, and other health for their help with this bill, as well as ants in the United States provide high-qual- care professionals to extend the reach ity, cost-effective medical care in virtually my colleague on the other side of the all health care settings and in every medical of medical care to more patients. Their aisle, Congressman TERRY. and surgical specialty; role helps patients have better access House Resolution 1600 acknowledges Whereas the physician assistant profes- to high-quality medical care, particu- the critical role of physicians assist- sion’s patient-centered, team-based approach larly for underserved populations. ants by designating a week in 2010 as reflects the changing realities of health care Throughout the Nation, approximately National Physician Assistant Week. delivery and fits well into the patient-cen- 75,000 PAs provide high-quality and Forty years ago, the position of PA tered medical home model of care, as well as cost-effective care in various health was created in response to a national other integrated models of care manage- settings. With the passage of health re- ment; health care workforce shortage. Over 20 Whereas approximately 47 percent of physi- form, millions of Americans will enter years ago, I had the honor and the cian assistants currently practice in primary our health care system, and PAs will privilege in Minnesota of helping to care and emergency medicine, regularly pro- play a vital role in helping our write the rules for PAs to function and viding access to needed medical care to un- healthcare workforce meet this chal- provide health care in Minnesota. I was derserved populations such as frontier com- lenge. the consumer member on the board, munities, rural towns, the urban poor, and I want to applaud the leadership of and I had a great learning curve work- at-risk groups (such as the elderly); Representative MCCOLLUM on this ing with doctors, PAs, hospitals, health Whereas physician assistants practice in issue, and I would urge my colleagues teams with physicians and extend the reach care clinics, and patients from all over of medicine and the promise of improved to join me in supporting this resolu- Minnesota in making sure that PAs health to the most remote and in-need com- tion. were able to address this workforce munities of our Nation; I reserve the balance of my time. shortage. And today, they continue to Whereas nearly 300,000,000 patient visits Mr. TERRY. Madam Speaker, I yield be an integral part of our health care were made to physician assistants in 2009; myself such time as I may consume. system, practicing in all health care Whereas physician assistants may provide As an original sponsor of this resolu- settings and specialties. medical care, have their own patient panels, tion, I rise in support of House Resolu- and are granted prescribing authority in all tion 1600, supporting the critical role of b 1130 50 States; the physician assistant profession and Physician assistant service will be Whereas the physician assistant profession was created 40 years ago in response to supporting the goals and ideals of Na- vital as more Americans, our health health care workforce shortages and is a key tional Physician Assistant Week. I care system and we prepare for an part of the solution to today’s health care would also like to thank Congress- aging population—the baby boomers. workforce shortage; woman BETTY MCCOLLUM of Minnesota PAs work, as has been mentioned, side

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.046 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8369 by side with physicians, nurses and Project (referred to in this Act as the (vi) 2 voluntary health association rep- other professionals in providing high- ‘‘Project’’). resentatives, including a national Alz- quality, cost-effective health care. (c) PURPOSE OF THE PROJECT.—The Sec- heimer’s disease organization that has dem- They work in rural and underserved retary of Health and Human Services, or the onstrated experience in research, care, and patient services, and a State-based advocacy communities and ensure patients can Secretary’s designee, shall— (1) be responsible for the creation and organization that provides services to fami- receive the care that they need when maintenance of an integrated national plan lies and professionals, including information they need it. to overcome Alzheimer’s; and referral, support groups, care consulta- I want to thank the physicians as- (2) provide information and coordination of tion, education, and safety services. sistants and the American Academy of Alzheimer’s research and services across all (3) MEETINGS.—The Advisory Council shall Physician Assistants for all the work Federal agencies; meet quarterly and such meetings shall be that they do to care for patients and to (3) accelerate the development of treat- open to the public. keep America healthy. ments that would prevent, halt, or reverse (4) ADVICE.—The Advisory Council shall ad- vise the Secretary of Health and Human Lastly, I sincerely want to thank my the course of Alzheimer’s; (4) improve the— Services, or the Secretary’s designee. colleagues for their bipartisan support (A) early diagnosis of Alzheimer’s disease; (5) ANNUAL REPORT.—The Advisory Council so we could bring this bill forward. and shall provide to the Secretary of Health and Thank you to Chairman WAXMAN (B) coordination of the care and treatment Human Services, or the Secretary’s designee again for bringing this resolution. of citizens with Alzheimer’s; and Congress— Mr. TERRY. Madam Speaker, I have (5) ensure the inclusion of ethnic and racial (A) an initial evaluation of all federally no further requests for time. populations at higher risk for Alzheimer’s or funded efforts in Alzheimer’s research, clin- I would be remiss on a resolution rec- least likely to receive care, in clinical, re- ical care, and institutional-, home-, and community-based programs and their out- ognizing PAs not to recognize my search, and service efforts with the purpose of decreasing health disparities in Alz- comes; brother-in-law’s brother, Val, Val heimer’s; and (B) initial recommendations for priority Valgora. He passed away several years (6) coordinate with international bodies to actions to expand, eliminate, coordinate, or ago. He was a PA back in the seventies. integrate and inform the fight against Alz- condense programs based on the program’s I had never heard of a physician assist- heimer’s globally. performance, mission, and purpose; ant before. Val was instrumental in the (d) DUTIES OF THE SECRETARY.— (C) initial recommendations to— State of Nebraska in expanding the use (1) IN GENERAL.—The Secretary of Health (i) reduce the financial impact of Alz- of physician assistants. He worked and Human Services, or the Secretary’s des- heimer’s on— (I) Medicare and other federally funded with the University of Nebraska Med- ignee, shall— (A) oversee the creation and updating of programs; and ical Center and then on to LSU to help the national plan described in paragraph (2); (II) families living with Alzheimer’s dis- create and expand the educational and ease; and component for PAs. So, at least in the (B) use discretionary authority to evaluate (ii) improve health outcomes; and State of Nebraska, Val Valgora is one all Federal programs around Alzheimer’s, in- (D) annually thereafter, an evaluation of of our legendary PAs. cluding budget requests and approvals. the implementation, including outcomes, of I just wanted to thank him and take (2) NATIONAL PLAN.—The Secretary of the recommendations, including priorities if this opportunity to recognize his ac- Health and Human Services, or the Sec- necessary, through an updated national plan under subsection (d)(2). complishments for the State of Ne- retary’s designee, shall carry out an annual assessment of the Nation’s progress in pre- (6) TERMINATION.—The Advisory Council braska. paring for the escalating burden of Alz- shall terminate on December 31, 2025. I yield back the balance of my time. heimer’s, including both implementation (f) DATA SHARING.—Agencies both within Mr. PALLONE. Madam Speaker, I steps and recommendations for priority ac- the Department of Health and Human Serv- urge passage of the resolution, and I tions based on the assessment. ices and outside of the Department that have yield back the balance of my time. (e) ADVISORY COUNCIL.— data relating to Alzheimer’s shall share such data with the Secretary of Health and The SPEAKER pro tempore. The (1) IN GENERAL.—There is established an Advisory Council on Alzheimer’s Research, Human Services, or the Secretary’s designee, question is on the motion offered by to enable the Secretary, or the Secretary’s the gentleman from New Jersey (Mr. Care, and Services (referred to in this Act as the ‘‘Advisory Council’’). designee, to complete the report described in PALLONE) that the House suspend the (2) MEMBERSHIP.— subsection (g). (g) ANNUAL REPORT.—The Secretary of rules and agree to the resolution, H. (A) FEDERAL MEMBERS.—The Advisory Res. 1600, as amended. Council shall be comprised of the following Health and Human Services, or the Sec- The question was taken; and (two- experts: retary’s designee, shall submit to Congress— thirds being in the affirmative) the (i) A designee of the Centers for Disease (1) an annual report that includes an eval- rules were suspended and the resolu- Control and Prevention. uation of all federally funded efforts in Alz- heimer’s research, clinical care, and institu- tion, as amended, was agreed to. (ii) A designee of the Administration on Aging. tional-, home-, and community-based pro- A motion to reconsider was laid on grams and their outcomes; the table. (iii) A designee of the Centers for Medicare & Medicaid Services. (2) an evaluation of all federally funded f (iv) A designee of the Indian Health Serv- programs based on program performance, ice. mission, and purpose related to Alzheimer’s NATIONAL ALZHEIMER’S PROJECT (v) A designee of the Office of the Director disease; ACT of the National Institutes of Health. (3) recommendations for— (vi) The Surgeon General. (A) priority actions based on the evalua- Mr. PALLONE. Madam Speaker, I tion conducted by the Secretary and the Ad- move to suspend the rules and pass the (vii) A designee of the National Science Foundation. visory Council to— bill (S. 3036) to establish the Office of (viii) A designee of the Department of Vet- (i) reduce the financial impact of Alz- the National Alzheimer’s Project. erans Affairs. heimer’s on— The Clerk read the title of the bill. (ix) A designee of the Food and Drug Ad- (I) Medicare and other federally funded The text of the bill is as follows: ministration. programs; and (II) families living with Alzheimer’s dis- S. 3036 (x) A designee of the Agency for Healthcare Research and Quality. ease; and Be it enacted by the Senate and House of Rep- (ii) improve health outcomes; (B) NON-FEDERAL MEMBERS.—In addition to resentatives of the United States of America in the members outlined in subparagraph (A), (B) implementation steps; and Congress assembled, the Advisory Council shall include 12 expert (C) priority actions to improve the preven- SECTION 1. SHORT TITLE. members from outside the Federal Govern- tion, diagnosis, treatment, care, institu- This Act may be cited as the ‘‘National ment, which shall include— tional-, home-, and community-based pro- Alzheimer’s Project Act’’. (i) 2 Alzheimer’s patient advocates; grams of Alzheimer’s disease for individuals SEC. 2. THE NATIONAL ALZHEIMER’S PROJECT. (ii) 2 Alzheimer’s caregivers; with Alzheimer’s disease and their care- givers; and (a) DEFINITION OF ALZHEIMER’S.—In this (iii) 2 health care providers; Act, the term ‘‘Alzheimer’s’’ means Alz- (iv) 2 representatives of State health de- (4) an annually updated national plan. UNSET.—The Project shall expire on heimer’s disease and related dementias. partments; (h) S December 31, 2025. (b) ESTABLISHMENT.—There is established (v) 2 researchers with Alzheimer’s-related in the Office of the Secretary of Health and expertise in basic, translational, clinical, or The SPEAKER pro tempore. Pursu- Human Services the National Alzheimer’s drug development science; and ant to the rule, the gentleman from

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.031 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8370 CONGRESSIONAL RECORD — HOUSE December 15, 2010 New Jersey (Mr. PALLONE) and the gen- I had an opportunity to meet with Madam Speaker, I, too, rise in strong tleman from Nebraska (Mr. TERRY) the families during a support group support of S. 3036, the National Alz- each will control 20 minutes. just recently. I heard their stories heimer’s Project Act. The Chair recognizes the gentleman about their loved ones slipping away Today, the effects of Alzheimer’s dis- from New Jersey. with this form of dementia, and I heard ease are devastating—devastating to GENERAL LEAVE their stories of the pressures and sad- the estimated 5.3 million Americans Mr. PALLONE. Madam Speaker, I ness it places on all of the families. with the disease to their more than 11 ask unanimous consent that all Mem- NIH estimates that approximately 5 million caregivers and to the Nation as bers may have 5 legislative days in million Americans have Alzheimer’s a whole, because we all share the tre- which to revise and extend their re- disease, most of whom are over the age mendous cost of contending with Alz- marks and include extraneous material of 60. So there is a good chance that heimer’s. By the middle of the century, in the RECORD. you or a friend of yours has a relative as many as 60 million Americans could The SPEAKER pro tempore. Is there suffering from Alzheimer’s. have Alzheimer’s disease, putting it on objection to the request of the gen- Alzheimer’s disease forces families the course of being our country’s lead- tleman from New Jersey? and friends to watch as loved ones, ing public health crisis and the defin- There was no objection. once independent and vivacious, suffer ing disease of the baby boomer genera- Mr. PALLONE. I yield myself such personality changes, a loss of independ- tion. time as I may consume. ence and severe memory loss, such that b 1140 Madam Speaker, I rise in strong sup- they view those close to them as port of S. 3036, the National Alz- strangers. As difficult as it is to watch, Building on the recommendations of heimer’s Project Act, as amended. it is that much harder on the patients. the Alzheimer’s Study Group, the Na- Last week, the Subcommittee on Those with Alzheimer’s face an irre- tional Alzheimer’s Project Act would Health in the Energy and Commerce versible process in which they lose create a national strategic plan and es- Committee held a hearing on Alz- many of those things that define them tablish an interagency council to work heimer’s disease and the many chal- as individuals. with the Secretary of HHS to com- lenges associated with it. While Alzheimer’s can affect people prehensively assess and address Alz- Alzheimer’s is an irreversible pro- as young as in their 30s, most patients heimer’s research, care, institutional gressive brain disease that slowly de- are over 60 years old. As this age group services, and home- and community- stroys memory and thinking skills and doubles over the next 25 years to based programs. It would ensure stra- eventually even the ability to carry around 72 million, the number of people tegic planning and coordination across out the simplest tasks. Alzheimer’s can with Alzheimer’s will also increase dra- the Federal Government as a whole. affect every part of the brain and rob matically. Currently, without a coordinated ef- its victims of their very lives and dig- As with other diseases which also af- fort, we have no way of evaluating out- nity, and it is fatal. fect large numbers of people and which comes or developing more effective Alzheimer’s is estimated to be the cause profound suffering for patients, ways to improve those outcomes. The sixth leading cause of death in our families and friends, we want to do National Alzheimer’s Project Act ad- country. The disease, which is esti- whatever we can to eliminate the dis- dresses this critical gap by establishing mated to affect as many as 5.1 million eases or to mitigate their impact on a national plan which would assess cur- Americans, has a devastating impact, people’s lives. When Congress reauthor- rent Federal initiatives, evaluate out- not just on families but on our na- ized the NIH in 2006, Congress decided comes from these programs, prioritize tional economy. It is projected that the to put the question of which diseases to future actions, and set national goals. national costs associated with caring fund into the hand of experts. In addition, this legislation will work for those with Alzheimer’s exceeds $172 While it makes the most sense to let to reduce the tremendous costs associ- billion each year, with the figure ex- experts determine the best use of ated with Alzheimer’s disease. The pected to rise to $1 trillion by 2050. scarce resources for research, Congress baby boomers are beginning to turn 65. These costs represent the burden on still has an important role to play in Without the discovery and delivery of Medicare, Medicaid, private insurance, fighting Alzheimer’s and other dis- effective interventions, 10 million of us caregiving, and out-of-pocket costs for eases. Specifically, we must identify will develop Alzheimer’s, and the lives families. Of this figure, $123 billion can laws and regulations that post barriers of many millions more will be upended be attributed to Medicare and Medicaid to developing new treatments and diag- by the emotionally, physically, and fi- alone. nostic tests quickly and safely. Most nancially draining toll of caring for us. The National Alzheimer’s Project importantly, Congress must ensure According to the Alzheimer’s Asso- Act will require the Secretary of that our government is acting effi- ciation’s report, we are currently Health and Human Services to create ciently and effectively. spending $172 billion annually on Alz- and maintain a national plan to over- We often hear concerns about a lack heimer’s and other dementia care in come Alzheimer’s disease. It will also of coordination between government America. $88 billion of that is for Medi- create an advisory council on Alz- agencies. The government already de- care alone, which is 17 percent of the heimer’s research, care, and services. votes substantial resources to Alz- total Medicare budget. Medicare bene- I want to thank the sponsor of this heimer’s through such things as direct ficiaries with Alzheimer’s or another legislation, Representative MARKEY, care, research at the NIH, and the ac- dementia cost the system three times for his tireless leadership on this bill. tivities of the Administration on as much as a person who does not have He is also the co-chair of the congres- Aging. However, it is imperative that dementia. For Medicaid, the cost mul- sional task force on Alzheimer’s dis- these agencies coordinate their activi- tiplier for someone with dementia is ease, and he works hard on all aspects ties. The National Alzheimer’s Project nine times more. The report estimates of trying to find a cure and to do re- Act would ensure that coordination. If that in the next 40 years, the cost of search with regard to Alzheimer’s. these agencies have a unified mission Alzheimer’s and other dementias will I urge my colleagues to support the with a coordinated strategy, we signifi- be in the trillions. National Alzheimer’s Project Act cantly increase the chances of beating The National Alzheimer’s Project today. this disease. Act will help to address these costs by I reserve the balance of my time. Mr. Speaker, I urge all of my col- establishing an advisory council in Mr. TERRY. I yield myself such time leagues to support S. 3036. which Federal and private representa- as I may consume. I reserve the balance of my time. tives will work to reduce costs for Fed- Madam Speaker, I rise in support of Mr. PALLONE. I yield 3 minutes to eral programs, as well as for families, S. 3036, the National Alzheimer’s the gentlewoman from the Virgin Is- while working to improve national Project Act. Alzheimer’s afflicts mil- lands (Mrs. CHRISTENSEN) who has been health outcomes. lions of Americans and their families very much involved with this issue and The National Alzheimer’s Project and friends. It is a personal tragedy for who is also a physician. Act also aims to decrease health dis- both patients and everyone who loves Mrs. CHRISTENSEN. Thank you, parities in Alzheimer’s. Sixteen per- them. Chairman PALLONE, for yielding. cent of women over the age of 70 have

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.033 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8371 Alzheimer’s compared to 11 percent of ing to the Alzheimer’s Association’s report, Alzheimer’s disease is both a current men, and although under-diagnosed, ‘‘Changing the Trajectory of Alzheimer’s Dis- and future health crisis of our Nation. African Americans are two times more ease: A National Imperative,’’ we are currently About 78 million baby boomers were likely and Hispanic Americans 11⁄2 spending $172 billion annually on Alzheimer’s born between 1946 and 1964, which has times more likely to have Alzheimer’s and other dementia care in America; $88 bil- been termed the single greatest demo- or other dementias. The National Alz- lion of that is for Medicare alone, which is 17 graphic event in United States history. heimer’s Project Act will ensure the in- percent of the total Medicare budget. Medicare In a couple of weeks on January 1, the clusion of those at-risk populations in beneficiaries with Alzheimer’s or another de- first of those boomers will turn 65 clinical, research, and service efforts. mentia cost the system three times as much years of age. The SPEAKER pro tempore. The as a person who does not have a dementia. Today, 5.3 million people have Alz- time of the gentlewoman has expired. For Medicaid, the cost multiplier for someone heimer’s, and another American devel- Mr. PALLONE. I yield the gentle- with dementia is nine times more. The Trajec- ops the disease every 70 seconds. 200,000 woman an additional 1 minute. tory report estimates that during the next 40 Americans under the age of 65 have Mrs. CHRISTENSEN. S. 3036 makes years, the cost of Alzheimer’s and other de- early onset Alzheimer’s. Alzheimer’s significant strides in addressing one of mentias will exceed $20 trillion. costs Medicare and Medicaid alone ap- America’s most feared, costly, and Our country is engaged in a collective and proximately $122 billion. The average deadly diseases. very appropriate conversation about what annual Medicare payment for an indi- I congratulate Mr. MARKEY for his should be done to address our current fiscal vidual with Alzheimer’s, as the pre- work on this bill and I urge its passage. situation. When we look at how we can take vious speaker pointed out, is three I rise in strong support of S. 3036—the Na- costs out of the system while improving out- times higher than for those without tional Alzheimer’s Project Act, which will pro- the condition. Additionally, 11 million vide critical federal support and coordination to comes, we quickly see that Alzheimer’s should be a core part of these discussions. unpaid caregivers provide 12.5 billion overcome the growing Alzheimer’s crisis. hours of care, valued at an estimated Today, the effects of Alzheimer’s disease Fortunately, the National Alzheimer’s Project Act will help to address these costs. The legis- $144 billion. This unpaid care obviously are devastating—to the estimated 5.3 million is a huge drain on family resources. Americans with the disease, to their more than lation establishes an Advisory Council com- prised of federal and private representatives; Without effective intervention to 11 million caregivers, and to the nation as a change the trajectory, by mid-century, whole as we all share the tremendous costs of the Council will work to reduce costs for fed- eral programs, as well as families, while work- the number of individuals with Alz- contending with the Alzheimer crisis. Tomor- heimer’s will increase to an estimated row, the devastation of Alzheimer’s disease ing to improve national health outcomes. The National Alzheimer’s Project Act also 13 million to 16 million people, and the will grow far worse. In fact, it is on course to cost to Medicare and Medicaid will be be our country’s leading public health crisis of aims to decrease health disparities within Alz- heimer’s. Studies have shown certain popu- staggering, over $800 billion in today’s the 21st century, and the defining disease of dollars. Given these realities, it is as- the Baby Boom generation. If we don’t suc- lations are at greater risk of suffering from this devastating disease. Sixteen percent of tounding that there is no national plan ceed in changing the trajectory of this disease, to address the crisis of Alzheimer’s dis- by the middle of the century as many as 16 women over the age of 70 have Alzheimer’s compared to 11 percent of men. African Amer- ease and the looming crisis. million Americans could have Alzheimer’s. The National Alzheimer’s Project icans are about two times more likely to have Building on the recommendations of the Alz- Act is designed to help turn the tide by Alzheimer’s disease and other dementias; heimer’s Study Group, the National Alz- creating a national strategic plan to however, they are less likely to have a diag- heimer’s Project Act, NAPA, would create a address it. NAPA establishes an inter- national strategic plan for the Alzheimer’s dis- nosis. The legislation will ensure the inclusion agency advisory council to advise the ease crisis. It would also establish an inter- of those at risk populations in clinical, re- Secretary of Health and Human Serv- agency council to work with the Secretary of search, and service efforts which will play a ices on how to comprehensively address Health and Human Services to comprehen- vital role in changing the future of disease. the government’s efforts on Alz- The National Alzheimer’s Project Act makes sively assess and address Alzheimer re- heimer’s research, care, and service, in- search, care, institutional services, and home significant strides in addressing one of Amer- cluding both institutional and at-home and community based programs. NAPA would ica’s most feared, costly, and deadly diseases. care. ensure strategic planning and coordination of I am pleased to support such a critical piece As a percentage of the population, the fight against Alzheimer’s across the fed- of legislation which will improve the quality of more women than men have Alz- eral government as a whole. life for the millions of Americans affected by heimer’s, and African Americans are Currently, without a coordinated effort, it is Alzheimer’s disease. about two times more likely to have impossible to determine if it has been a good Mr. TERRY. Madam Speaker, I yield Alzheimer’s or other dementias, yet year in the fight against Alzheimer’s. There 4 minutes to one of our great advocates they are less likely to be diagnosed. are no benchmarks—we have no way of eval- for families and individuals with Alz- NAPA aims to address these disparities uating outcomes, let alone a way to improve heimer’s, the gentleman from New Jer- as well. them. sey (Mr. SMITH). NAPA will provide the framework to The National Alzheimer’s Project Act ad- Mr. SMITH of New Jersey. Madam accelerate the development of an effi- dresses this critical gap by establishing a na- Speaker, I thank my distinguished cacious care and comprehensive treat- tional plan. This national plan would assess friend for yielding. ment in an effort to mitigate the un- current federal initiatives, evaluate outcomes Madam Speaker, as cochairman speakable agony and suffering of mil- from these programs, prioritize future actions, along with my good friend and col- lions of patients and their families. and assert national goals. With an integrated league Congressman ED MARKEY of the And if we are successful, we will also national plan, the government can improve the Congressional Task Force on Alz- save the country billions of dollars quality of life and outcomes for the millions of heimer’s, which we founded back in every year and trillions over the com- Americans—and their families living with Alz- 1999, and as lead Republican sponsor on ing decades. heimer’s disease and other dementias. the companion legislation—this is a This is an outstanding bill, and I In addition, this legislation will work to re- Senate bill, of course—I rise in strong hope the membership of this body will duce the tremendous costs associated with support and ask for our colleagues to overwhelmingly support it. Alzheimer’s disease. In a few weeks, the first pass the National Alzheimer’s Project Mr. PALLONE. Madam Speaker, I Baby Boomer turns 65—Alzheimer cases will Act. yield 1 minute to the gentleman from begin to mount at an ever-increasing pace. This legislation is an important step Iowa (Mr. LOEBSACK). Without the discovery and delivery of effective forward in our battle against the crisis Mr. LOEBSACK. I thank the gen- interventions, 10 million American Baby of Alzheimer’s disease. Unfortunately, tleman from New Jersey for yielding. Boomers will develop Alzheimer’s disease. we know that the trajectory of Alz- Madam Speaker, there are currently And the lives of many millions more will be up- heimer’s disease over the next few dec- 5.3 million Americans with Alz- ended by the emotionally, physically and fi- ades threatens unparalleled tragedy heimer’s, and the prevalence of the dis- nancially draining toll of caring for them. and threatens to overwhelm society’s ease is expected to increase rapidly as The economic factors of Alzheimer’s rival ability to cope if something is not done the baby boomer generation, my gen- the human devastation of the disease. Accord- to change that trajectory. eration, begins to age.

VerDate Mar 15 2010 06:32 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.034 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8372 CONGRESSIONAL RECORD — HOUSE December 15, 2010 As a degenerative disease that affects nosed in 1981—75 years after Alzheimer had Unfortunately, the devastation of Alz- memory and other cognitive func- discovered the disease that lead to her death. heimer’s disease will only become worse as tioning, Alzheimer’s can be very frus- Alzheimer’s patients are the mothers and fa- the Baby Boom generation grows older. It is trating, both for the person afflicted thers, and sisters and brothers who we recog- estimated that if we are unable to change the and for family, friends, and caretakers. nize even if they don’t recognize us; who we trajectory of this disease, as many as 16 mil- Far too many of us have lost a loved remember even if they don’t remember us, lion Americans will have Alzheimer’s by the one because of this disease. and who we continue to love and cherish even middle of this century. It is time we find a cure for Alz- as their condition worsens. The economic impact of Alzheimer’s is also heimer’s. This bill is an extremely im- A few stats: 5.3 million Americans have Alz- staggering. We are currently spending an esti- portant contribution to the search for heimer’s; it is the 7th leading cause of death; mated $172 billion annually on Alzheimer’s that cure. It will establish a coordi- $172 billion is spent annually for Alzheimer’s. disease and other dementia care in America. nated national and international effort Our challenge is to ensure that we increase As the nation faces a growing aging popu- and accelerate research and develop- not only the lifespan, but also the health span lation, we must look at how to reduce costs ment efforts for new treatments to pre- of Americans, so that the 30 bonus years of while improving outcomes. The National Alz- vent, stop, or reverse the course of Alz- life we gained in the 20th century—and hope- heimer’s Project Act will help achieve this goal heimer’s disease. The information fully will continue to gain in the 21st—are truly through the establishment of the Advisory these efforts provide will, in turn, in- better years of life. Council on Alzheimer’s Research, Care, and form priorities for future work to end The Alzheimer’s community has been wait- Services, which facilitates public and private this disease. ing for help, and trying to maintain hope. coordination on research and services across I wholeheartedly support what is Today the House can take action to help all federal agencies. clearly a bipartisan bill, and I urge my and give hope to Alzheimer’s families. As my mother is currently suffering from the colleagues on both sides of the aisle to The bill we are considering today will help advanced stages of Alzheimer’s disease, I do the same. coordinate Alzheimer’s research, care, and would welcome news of a research break- Mr. MARKEY of Massachusetts. Madam services across all Federal agencies. through that would slow, stop, or reverse this Speaker, Thank you, Chairman WAXMAN, The United States is one of the only devel- degenerative disease. Chairman PALLONE, Representative BURGESS, oped nations without a national plan to combat The National Alzheimer’s Project Act is an and Ranking Member BARTON. Alzheimer’s. For too long, we’ve been un- important step toward addressing a dev- I’d like to thank Senators BAYH and COLLINS armed against this disease. astating and deadly disease. I am pleased to for their leadership on this bill, the Senate Through this plan, will be developed: An as- support legislation that will help improve the companion to H.R. 4689 which I introduced sessment of all Alzheimer-related Federal ef- quality of life for the millions of Americans af- with my friend and cochair of the Task Force forts; recommendations; annual updates; and fected by Alzheimer’s disease. on Alzheimer’s Disease, Representative CHRIS a strong advisory committee. Mr. TERRY. I yield back the balance SMITH from New Jersey. This bill will: Help coordinate the health care of my time. The poet Robert Browning once wrote, and treatment of citizens with Alzheimer’s; it Mr. PALLONE. Madam Speaker, I ‘‘Grow old with me, the best is yet to be.’’ will accelerate the development of treatments urge passage of S. 3036, and I also yield Unfortunately, the ‘‘Golden Years’’ can be that would prevent, halt or reverse the course back the balance of my time. the worst years for Americans afflicted with of Alzheimer’s by coordinating existing govern- The SPEAKER pro tempore. The Alzheimer’s and their families. ment resources; and it will ensure the inclu- question is on the motion offered by We’ve worked with the Senate to engage in sion of ethnic and racial populations at higher the gentleman from New Jersey (Mr. a bipartisan, constructive process with stake- risk for Alzheimer’s and reduce health dispari- PALLONE) that the House suspend the holders to reach legislative language and ties among people with Alzheimer’s. rules and pass the bill, S. 3036. move this bill forward. Thank yous: The Alzheimer’s Association— The question was taken; and (two- After all, Alzheimer’s is an equal-opportunity Harry Johns, Rob Egge, Mary Richards, Katie thirds being in the affirmative) the disease. My father was a milkman, my mother Maslow, Matthew Baumgart; Maria Shriver for rules were suspended and the bill was the valedictorian. My father always said it was all of her great work; The Alzheimer’s Founda- passed. an honor that my mother married him and that tion of America—Eric Hall, Sue Peschin; Cure A motion to reconsider was laid on if Alzheimer’s was determined by the strength Alzheimer’s Fund—Tim Armour, Dr. Rudy the table. of your brain, ‘‘Your mother would be taking Tanzi; The National Institute on Aging—Dr. f care of me instead.’’ He took care of her in Richard Hodes, Tamara Jones; Keep Memory our living room in Malden, Massachusetts for Alive—Maureen Peckman, George and Trish EARLY HEARING DETECTION AND 10 years as she suffered from Alzheimer’s. I’m Vradenburg, Patience O’Connor, Meryl Comer, INTERVENTION ACT OF 2010 thinking of them both today. Jillian Oberfield, Mark Bayer, Kate Bazinsky, Mr. PALLONE. Madam Speaker, I Alois Alzheimer first discovered the plaques Josh Lumbley, Amit Mistry, and Binta Beard move to suspend the rules and pass the and tangles in the brain that cause Alz- from my office; Tim Lynagh from Representa- bill (S. 3199) to amend the Public heimer’s in 1906—within the very same year tive CHRIS SMITH’s office; Emily Gibbons, Health Service Act regarding early de- that my mother was born. Sarah Despres from the Energy and Com- tection, diagnosis, and treatment of At the time, doctors believed that dementia merce Committee Majority Staff; Ryan Long hearing loss. in the elderly was a normal part of the aging and Clay Alspach from Mr. BARTON’s staff; The Clerk read the title of the bill. process that was caused by the hardening of J.P. Paluskiewicz from Dr. BURGESS’s Office; The text of the bill is as follows: the arteries. Sarah Kyle and Kevin Kaiser from Senator S. 3199 However, Alzheimer’s groundbreaking work BAYH’s Office. was done on a patient who was only 51 years Thank you to the many hard-working advo- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in old. So Alzheimer reached the conclusion that cates for this disease, and those who are Congress assembled, the condition he had discovered was a kind of caretakers, bearing many burdens day in and SECTION 1. SHORT TITLE. ‘‘pre-senile dementia,’’ and that the pattern of day out. This Act may be cited as the ‘‘Early Hear- plaques and tangles he had identified was a I once again thank my colleagues for their ing Detection and Intervention Act of 2010’’. rare condition that afflicted only the young. support—WAXMAN, PALLONE, BURGESS, and SEC. 2. EARLY DETECTION, DIAGNOSIS, AND Years passed, my mother grew up, and re- BARTON. TREATMENT OF HEARING LOSS. searchers did little to study and learn about Mr. KLINE of Minnesota. Madam Speaker, I Section 399M of the Public Health Service the plaques and tangles that were forming in offer the following statement in support of Act (42 U.S.C. 280g–1) is amended— her brain. Senate Bill 3036, expressing support for the (1) in the section heading, by striking ‘‘IN- It wasn’t until the mid-1970s that it became National Alzheimer’s Project Act. FANTS’’ and inserting ‘‘NEWBORNS AND IN- clear that the most common form of dementia The effects of Alzheimer’s disease are dev- FANTS’’; (2) in subsection (a)— in older people was caused by the same astating. An estimated 5.3 million Americans (A) in the matter preceding paragraph (1), plaques and tangles that Alzheimer had identi- live with this disease, and millions more are by striking ‘‘screening, evaluation and inter- fied decades earlier. directly affected through caring for loved ones vention programs and systems’’ and insert- Unfortunately, the search for the cure had and sharing the surmounting costs of this ter- ing ‘‘screening, evaluation, diagnosis, and begun too late for my mother who was diag- rible disease. intervention programs and systems, and to

VerDate Mar 15 2010 06:32 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.036 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8373 assist in the recruitment, retention, edu- The SPEAKER pro tempore. Is there gram. It would enable the Secretary of cation, and training of qualified personnel objection to the request of the gen- Health and Human Services to assist in and health care providers,’’; tleman from New Jersey? recruitment, retention, education, and (B) by amending paragraph (1) to read as There was no objection. follows: training of qualified personnel and ‘‘(1) To develop and monitor the efficacy of Mr. PALLONE. Madam Speaker, I health care providers. Unfortunately, statewide programs and systems for hearing yield myself such time as I may con- in reauthorizing this program, the bill screening of newborns and infants; prompt sume. contains no limits on authorization of evaluation and diagnosis of children referred I rise in strong support of S. 3199, the spending for the program. As my col- from screening programs; and appropriate Early Hearing Detection and Interven- leagues know, authorizing ‘‘such sums educational, audiological, and medical inter- tion Act. Last year, the House passed as necessary’’ in legislation has con- ventions for children identified with hearing the companion measure to this bill, tributed to the fiscal crisis our country loss. Early intervention includes referral to and delivery of information and services by and we are pleased to pass it again now faces. Our country had a budget schools and agencies, including community, with minor modifications. deficit of $1.3 trillion in fiscal year consumer, and parent-based agencies and or- Every year, more than 12,000 babies 2010, and some are projecting that our ganizations and other programs mandated by are born with hearing loss. Often their country’s budget deficit will reach $1.5 part C of the Individuals with Disabilities condition goes undetected for years, trillion this fiscal year. We cannot con- Education Act, which offer programs specifi- and many of these children end up ex- tinue this fiscal irresponsibility by vot- cally designed to meet the unique language periencing delays in speech, language, ing for open-ended authorization and communication needs of deaf and hard of and cognitive development. However, if hearing newborns, infants, toddlers, and chil- amounts. We need to include specific dren. Programs and systems under this para- the hearing loss is detected early, authorization amounts in legislation so graph shall establish and foster family-to- many of these delays can be mitigated we can set priorities, if we are to ever family support mechanisms that are critical or even prevented, and for that reason, get our fiscal House in order. in the first months after a child is identified early detection is critical to improving Madam Speaker, I recommend a ‘‘no’’ with hearing loss.’’; and outcomes for these children. vote on this legislation so we can work (C) by adding at the end the following: in a bipartisan manner to include spe- ‘‘(3) Other activities may include devel- b 1150 cific reauthorization amounts. oping efficient models to ensure that The bill, the Early Hearing Detection newborns and infants who are identified with I reserve the balance of my time. and Intervention Act, would improve Mr. PALLONE. Madam Speaker, I a hearing loss through screening receive fol- services for screening, diagnosing, and low-up by a qualified health care provider, yield myself such time as I may con- and State agencies shall be encouraged to treating hearing loss in children by re- sume. adopt models that effectively increase the authorizing the Early Hearing Detec- I just wanted to address the gentle- rate of occurrence of such follow-up.’’; tion and Intervention Program, which man’s point with regard to the under- (3) in subsection (b)(1)(A), by striking was first enacted in 2000. The program lying bill containing the language ‘‘hearing loss screening, evaluation, and provides grants and cooperative agree- ‘‘such sums.’’ I mean, the bill doesn’t intervention programs’’ and inserting ‘‘hear- ments for statewide newborn and in- change anything from the current law. ing loss screening, evaluation, diagnosis, and fant hearing services. These programs The 2002 Early Hearing Detection and intervention programs’’; focus on screening evaluation, diag- (4) in paragraphs (2) and (3) of subsection Intervention Act, which we are reau- (c), by striking the term ‘‘hearing screening, nosis, and early intervention. thorizing, had that language in it, and evaluation and intervention programs’’ each I want to particularly thank my col- we are simply updating the authoriza- place such term appears and inserting ‘‘hear- league, the gentlewoman from Cali- tion here. It is not changing the lan- ing screening, evaluation, diagnosis, and fornia, Representative CAPPS, who is guage. And the same is true for the bill intervention programs’’; the vice chair of the Health Sub- that passed the House last year. There (5) in subsection (e)— committee, for her hard work on this was a House version, sponsored by Mrs. (A) in paragraph (3), by striking ‘‘ensuring issue and so many issues. She is a CAPPS, and that didn’t make any that families of the child’’ and all that fol- nurse by profession. I am sure you have lows and inserting ‘‘ensuring that families of change either. So I just want to remind the child are provided comprehensive, con- noticed that many of the health care my colleagues that, you know, again, sumer-oriented information about the full bills that have come out of the last 4 we passed this bill in March 2009 and range of family support, training, informa- years during the Democratic majority then again on the floor I guess later tion services, and language and communica- have been from Mrs. CAPPS, and she is that month, and there wasn’t any issue tion options and are given the opportunity always, in particular, looking out for raised by the Republicans at that time. to consider and obtain the full range of such children and senior citizens. I urge my So I just think to raise it now really appropriate services, educational and pro- colleagues to support this legislation. makes no sense, and we should simply gram placements, and other options for their I reserve the balance of my time. child from highly qualified providers.’’; and move to pass this. It is very common- (B) in paragraph (6), by striking ‘‘, after re- Mr. TERRY. I yield myself as much sense legislation. It simply reauthor- screening,’’; and time as I may consume. izes the current law. (6) in subsection (f)— Madam Speaker, S. 3199, the Early I reserve the balance of my time. (A) in paragraph (1), by striking ‘‘fiscal Hearing Detection and Intervention Mr. TERRY. I yield myself such time year 2002’’ and inserting ‘‘fiscal years 2011 Act of 2010, has worthy elements. Cer- as I may consume. through 2015’’; tainly we support the efforts of early Madam Speaker, the gentleman is (B) in paragraph (2), by striking ‘‘fiscal recognition of hearing loss. As Mr. correct in the sense that it is a reau- year 2002’’ and inserting ‘‘fiscal years 2011 PALLONE said, and Mrs. CAPPS will reit- through 2015’’; and thorization. It strikes the language of (C) in paragraph (3), by striking ‘‘fiscal erate, it is not standard practice, or 2002 while leaving the language of year 2002’’ and inserting ‘‘fiscal years 2011 was not standard practice, to perform ‘‘such sums as may be necessary’’ for through 2015’’. early detection for hearing loss on the fiscal year going forward now, but The SPEAKER pro tempore. Pursu- newborns. Usually parents, after about we still have that open-ended language. ant to the rule, the gentleman from a year, would recognize something isn’t And after hearing from the people for New Jersey (Mr. PALLONE) and the gen- right, that maybe speech was delayed, the last couple of years, we have an ad- tleman from Nebraska (Mr. TERRY) and that’s when testing would occur. ditional emphasis on making sure that each will control 20 minutes. We have found that early testing has we are tighter in the writing of these The Chair recognizes the gentleman benefits. However, our side of the aisle bills, unlike what was occurring in the from New Jersey. must recommend a ‘‘no’’ vote at this year 2002 when this was passed or in GENERAL LEAVE time due to the authorizing of appro- 2009 when it passed from committee. Mr. PALLONE. Madam Speaker, I priations with the language of ‘‘such That is our only objection here, the au- ask unanimous consent that all Mem- sums as necessary.’’ This type of open- thorization of open-ended, ‘‘such sums bers may have 5 legislative days in ended authorization abdicates our duty as may be necessary.’’ which to revise and extend their re- to budget for programs responsibly. I reserve the balance of my time. marks and include extraneous material The bill would reauthorize the Mr. PALLONE. I now yield 3 minutes in the RECORD. newborns and infants hearing loss pro- to the sponsor of the legislation, the

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.022 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8374 CONGRESSIONAL RECORD — HOUSE December 15, 2010 gentlewoman from California (Mrs. The poet Robert Browning once In the summer and fall alone, the CAPPS). wrote, ‘‘Grow old with me. The best is House passed 25 bipartisan health bills Mrs. CAPPS. I thank my colleague yet to be.’’ Unfortunately, the golden that came from our Health Sub- and our chairman for yielding time. years can be the worst years for Ameri- committee. Madam Speaker, I am rising today in cans afflicted with Alzheimer’s and And I also want to thank the staff strong support of Senate bill 3199, the their families. We have worked with that worked on these public health Early Hearing Detection and Interven- the Senate to put together a bipartisan bills this past Congress. From the ma- tion Act. And I am very proud to have bill that has just passed here in the jority is Ruth Katz, Steve Cha, Sarah introduced the House version of this United States House of Representatives Despres, Emily, who’s here with me, bill with our colleague Congresswoman that I have worked on over the last 2 Emily Gibbons, Tiffany Guarascio, JO ANN EMERSON of Missouri. The years that will put together an Alz- Anne Morris, Camille Sealy, Naomi House did pass this legislation by voice heimer’s plan, a battle plan for our Seiler, Tim Westmoreland, and Karen vote in March of 2009, and the Senate country. And why is it important? I Nelson, of course. And from the minor- version, introduced by Senators SNOWE will tell you very simply: 4 million ity, Ryan Long, Clay Alspach, Peter and HARKIN, was modified by the Sen- Americans have Alzheimer’s today. Kielty, and Chris Sarley. ate HELP Committee and passed by There are going to be 12 million to 15 Madam Speaker, I ask for passage of unanimous consent earlier this week. million baby boomers with Alz- the legislation. Senate bill 3199 is noncontroversial and heimer’s. They will have a spouse who I yield back the balance of my time. The SPEAKER pro tempore. The would make needed improvements to also has the disease or some other fam- question is on the motion offered by the Early Hearing Detection and Inter- ily member. Somebody in the family the gentleman from New Jersey (Mr. vention Program, as recommended by has to take care of that person. So by PALLONE) that the House suspend the experts. the time all the baby boomers have re- Each year, more than 12,000 infants rules and pass the bill, S. 3199. tired, there will be about 25 million to are born with a hearing loss. If left un- The question was taken; and (two- 30 million Americans whose lives will detected, this condition impedes thirds being in the affirmative) the revolve around Alzheimer’s. speech, language, and cognitive devel- rules were suspended and the bill was opment. And I might add, with con- b 1200 passed. cerns for the cost, the cost to tax- We have to find a cure for it. We have A motion to reconsider was laid on payers of not recognizing these needs to find a way of giving more help to the table. and intervening, the cost in special these heroes, these families. f education, in modified vocational goals My father was a milkman. My moth- RESTORE ONLINE SHOPPERS’ for individuals who will be a burden to er was a valedictorian. My mother got CONFIDENCE ACT taxpayers the rest of their lives is un- Alzheimer’s. My father kept her in the Mr. BOUCHER. Madam Speaker, I believably high. living room. For 13 years, we kept her move to suspend the rules and pass the Since the authorization of the Early in our living room. My father always bill (S. 3386) to protect consumers from Hearing Detection and Intervention said that it was an honor that my certain aggressive sales tactics on the Program in early 2000, we have seen a mother had married him, the milkman. Internet. tremendous increase in the number of He also said that if the strength of newborns who are being screened for The Clerk read the title of the bill. your brain determined who got Alz- The text of the bill is as follows: hearing loss. Back in 2000, only 44 per- heimer’s, he said that he would have it cent of newborns were being screened S. 3386 and my mother would be taking care of Be it enacted by the Senate and House of Rep- for hearing loss. Now we are screening him. newborns at a rate of over 93 percent. resentatives of the United States of America in But this is an equal opportunity dis- Congress assembled, But you know, our work isn’t done yet. ease. It’s an epidemic. If we do not find According to CDC, almost half of SECTION 1. SHORT TITLE. the cure, if we do not find the cure, the This Act may be cited as the ‘‘Restore On- newborns who fail initial hearing budget problems for our country will line Shoppers’ Confidence Act’’. screenings do not receive appropriate be so explosive that it will be impos- SEC. 2. FINDINGS; DECLARATION OF POLICY. followup care. And in my work as a sible to ever balance the Federal budg- The Congress finds the following: school nurse for over 20 years, I had et. (1) The Internet has become an important much interaction with students who channel of commerce in the United States, We are now spending a fortune on it, were lagging behind their classmates accounting for billions of dollars in retail and unless we cure it, we will never be due to undiagnosed and/or untreated sales every year. Over half of all American able to deal with the catastrophic con- hearing loss. We can prevent more chil- adults have now either made an online pur- sequences personally, for those fami- dren from suffering in the classroom chase or an online travel reservation. lies, and for our country, in general. (2) Consumer confidence is essential to the and suffering throughout their lives I thank the gentleman for allowing growth of online commerce. To continue its through a better investment in fol- me this personal privilege, because I development as a marketplace, the Internet lowup and intervention as a part of the was pulled away as the bill was being must provide consumers with clear, accurate successful hearing screening program information and give sellers an opportunity considered. for newborns and infants. to fairly compete with one another for con- This legislation would accomplish Mr. TERRY. Madam Speaker, I sumers’ business. these goals through reauthorizing the thank the gentleman from Massachu- (3) An investigation by the Senate Com- programs administered by HRSA, CDC, setts for his efforts in fighting Alz- mittee on Commerce, Science, and Transpor- and the NIH, providing grants to con- heimer’s and working for those fami- tation found abundant evidence that the ag- duct newborn hearing screening, pro- lies. gressive sales tactics many companies use With that, I yield back the balance of against their online customers have under- vide followup intervention to promote mined consumer confidence in the Internet surveillance and research. So I am my time. Mr. PALLONE. Madam Speaker, I and thereby harmed the American economy. strongly urging my colleagues to join (4) The Committee showed that, in ex- me in voting in favor of Senate bill yield myself such time as I may con- change for ‘‘bounties’’ and other payments, 3199, to continue building on the great sume. hundreds of reputable online retailers and success of these programs. I just wanted to mention that the websites shared their customers’ billing in- Mr. TERRY. I reserve the balance of three bills today are just a small rep- formation, including credit card and debit my time. resentation of many bipartisan public card numbers, with third party sellers Mr. PALLONE. Madam Speaker, I health bills that the majority and mi- through a process known as ‘‘data pass’’. would like to yield 2 minutes now to nority worked on together in the These third party sellers in turn used aggres- Health Subcommittee over the past 2 sive, misleading sales tactics to charge mil- the gentleman from Massachusetts lions of American consumers for membership (Mr. MARKEY). years. And I wanted to thank the rank- clubs the consumers did not want. Mr. MARKEY of Massachusetts. I ing member of the Health Sub- (5) Third party sellers offered membership thank the chair very much, and I committee, Mr. SHIMKUS, for his hard clubs to consumers as they were in the proc- thank him for his great work. work and cooperation in these efforts. ess of completing their initial transactions

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.040 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8375 on hundreds of websites. These third party U.S.C. 1693 et seq.) or any regulation promul- wherever venue is proper under section 1391 ‘‘post-transaction’’ offers were designed to gated thereunder. of title 28, United States Code, to obtain ap- make consumers think the offers were part (d) DEFINITIONS.—In this section: propriate injunctive relief. of the initial purchase, rather than a new (1) INITIAL MERCHANT.—The term ‘‘initial (b) NOTICE TO COMMISSION REQUIRED.—A transaction with a new seller. merchant’’ means a person that has obtained State shall provide prior written notice to (6) Third party sellers charged millions of a consumer’s billing information directly the Federal Trade Commission of any civil consumers for membership clubs without from the consumer through an Internet action under subsection (a) together with a ever obtaining consumers’ billing informa- transaction initiated by the consumer. copy of its complaint, except that if it is not tion, including their credit or debit card in- (2) POST-TRANSACTION THIRD PARTY SELL- feasible for the State to provide such prior formation, directly from the consumers. Be- ER.—The term ‘‘post-transaction third party notice, the State shall provide such notice cause third party sellers acquired consumers’ seller’’ means a person that— immediately upon instituting such action. billing information from the initial mer- (A) sells, or offers for sale, any good or (c) INTERVENTION BY THE COMMISSION.—The chant through ‘‘data pass’’, millions of con- service on the Internet; Commission may intervene in such civil ac- sumers were unaware they had been enrolled (B) solicits the purchase of such goods or tion and upon intervening— in membership clubs. services on the Internet through an initial (1) be heard on all matters arising in such (7) The use of a ‘‘data pass’’ process defied merchant after the consumer has initiated a civil action; and consumers’ expectations that they could transaction with the initial merchant; and (2) file petitions for appeal of a decision in only be charged for a good or a service if (C) is not— such civil action. they submitted their billing information, in- (i) the initial merchant; (d) CONSTRUCTION.—Nothing in this section cluding their complete credit or debit card (ii) a subsidiary or corporate affiliate of shall be construed— numbers. the initial merchant; or (1) to prevent the attorney general of a (8) Third party sellers used a free trial pe- (iii) a successor of an entity described in State, or other authorized State officer, from riod to enroll members, after which they pe- clause (i) or (ii). exercising the powers conferred on the attor- riodically charged consumers until con- SEC. 4. NEGATIVE OPTION MARKETING ON THE ney general, or other authorized State offi- sumers affirmatively canceled the member- INTERNET. cer, by the laws of such State; or ships. This use of ‘‘free-to-pay conversion’’ It shall be unlawful for any person to (2) to prohibit the attorney general of a and ‘‘negative option’’ sales took advantage charge or attempt to charge any consumer State, or other authorized State officer, from of consumers’ expectations that they would for any goods or services sold in a trans- proceeding in State or Federal court on the have an opportunity to accept or reject the action effected on the Internet through a basis of an alleged violation of any civil or membership club offer at the end of the trial negative option feature (as defined in the criminal statute of that State. period. Federal Trade Commission’s Telemarketing (e) LIMITATION.—No separate suit shall be SEC. 3. PROHIBITIONS AGAINST CERTAIN UNFAIR Sales Rule in part 310 of title 16, Code of Fed- brought under this section if, at the time the AND DECEPTIVE INTERNET SALES eral Regulations), unless the person— suit is brought, the same alleged violation is PRACTICES. (1) provides text that clearly and conspicu- the subject of a pending action by the Fed- (a) REQUIREMENTS FOR CERTAIN INTERNET- ously discloses all material terms of the eral Trade Commission or the United States BASED SALES.—It shall be unlawful for any transaction before obtaining the consumer’s under this Act. post-transaction third party seller to charge billing information; The SPEAKER pro tempore. Pursu- or attempt to charge any consumer’s credit (2) obtains a consumer’s express informed ant to the rule, the gentleman from card, debit card, bank account, or other fi- consent before charging the consumer’s cred- nancial account for any good or service sold Virginia (Mr. BOUCHER) and the gen- it card, debit card, bank account, or other fi- tleman from Nebraska (Mr. TERRY) in a transaction effected on the Internet, un- nancial account for products or services less— each will control 20 minutes. through such transaction; and (1) before obtaining the consumer’s billing The Chair recognizes the gentleman (3) provides simple mechanisms for a con- information, the post-transaction third sumer to stop recurring charges from being from Virginia. party seller has clearly and conspicuously placed on the consumer’s credit card, debit GENERAL LEAVE disclosed to the consumer all material terms card, bank account, or other financial ac- Mr. BOUCHER. Madam Speaker, I of the transaction, including— count. ask unanimous consent that all Mem- (A) a description of the goods or services being offered; SEC. 5. ENFORCEMENT BY FEDERAL TRADE COM- bers have 5 legislative days to revise MISSION. (B) the fact that the post-transaction third and extend their remarks and include (a) IN GENERAL.—Violation of this Act or party seller is not affiliated with the initial extraneous material. any regulation prescribed under this Act merchant, which may include disclosure of The SPEAKER pro tempore. Is there shall be treated as a violation of a rule under the name of the post-transaction third party objection to the request of the gen- section 18 of the Federal Trade Commission in a manner that clearly differentiates the Act (15 U.S.C. 57a) regarding unfair or decep- tleman from Virginia? post-transaction third party seller from the tive acts or practices. The Federal Trade There was no objection. initial merchant; and Commission shall enforce this Act in the Mr. BOUCHER. Madam Speaker, I (C) the cost of such goods or services; and same manner, by the same means, and with yield myself such time as I may con- (2) the post-transaction third party seller the same jurisdiction, powers, and duties as has received the express informed consent sume. though all applicable terms and provisions of for the charge from the consumer whose I am pleased to rise in support this the Federal Trade Commission Act (15 U.S.C. credit card, debit card, bank account, or afternoon of S. 3386, the Restore Online 41 et seq.) were incorporated into and made other financial account will be charged by— Shoppers’ Confidence Act. The legisla- a part of this Act. (A) obtaining from the consumer— tion makes essential protections to (b) PENALTIES.—Any person who violates (i) the full account number of the account this Act or any regulation prescribed under consumers in the Internet market- to be charged; and this Act shall be subject to the penalties and place. (ii) the consumer’s name and address and a entitled to the privileges and immunities The rapid growth of online commerce means to contact the consumer; and provided in the Federal Trade Commission has brought great benefits to mer- (B) requiring the consumer to perform an Act as though all applicable terms and provi- additional affirmative action, such as chants and consumers alike. Creative sions of the Federal Trade Commission Act clicking on a confirmation button or check- retailers can reach a broader market, were incorporated in and made part of this ing a box that indicates the consumer’s con- while resourceful shoppers can com- Act. sent to be charged the amount disclosed. pare deals and find exactly the right (c) AUTHORITY PRESERVED.—Nothing in (b) PROHIBITION ON DATA-PASS USED TO FA- product for themselves. Internet com- CILITATE CERTAIN DECEPTIVE INTERNET SALES this section shall be construed to limit the authority of the Commission under any merce is now a core part of the daily TRANSACTIONS.—It shall be unlawful for an lives of millions of Americans, and initial merchant to disclose a credit card, other provision of law. debit card, bank account, or other financial SEC. 6. ENFORCEMENT BY STATE ATTORNEYS overall, more than one-half of all account number, or to disclose other billing GENERAL. adults, at some point, have made an information that is used to charge a cus- (a) RIGHT OF ACTION.—Except as provided online purchase. But large percentages tomer of the initial merchant, to any post- in subsection (e), the attorney general of a of consumers also report feeling frus- transaction third party seller for use in an State, or other authorized State officer, al- trated, overwhelmed, and confused by Internet-based sale of any goods or services leging a violation of this Act or any regula- online shopping, often because they tion issued under this Act that affects or from that post-transaction third party sell- face unfamiliar, aggressive sales tac- er. may affect such State or its residents may (c) APPLICATION WITH OTHER LAW.—Nothing bring an action on behalf of the residents of tics online. in this Act shall be construed to supersede, the State in any United States district court Last year, an investigation by the modify, or otherwise affect the requirements for the district in which the defendant is Senate Commerce, Science, and Trans- of the Electronic Funds Transfer Act (15 found, resides, or transacts business, or portation Committee confirmed the

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.025 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8376 CONGRESSIONAL RECORD — HOUSE December 15, 2010 pervasive use of misleading tactics by email, or letter or one single call, working with the gentleman as that even some of the Web’s most promi- email, or letter from the regulator on work has been undertaken. nent, trusted retailers. The committee this issue until Monday. Since then, we His comments are really humbling to concluded that while consumers are have received a number of stakeholder me, and I want to thank him for saying heavily involved in Internet commerce, calls voicing concerns with the legisla- those things and just express what a they are struggling to stay free of un- tion. However, without holding any privilege it has been for me to work wanted charges on their credit cards or hearings or meetings, we can’t properly with the gentleman and with all mem- their debit cards. evaluate these concerns. bers of the Energy and Commerce Com- The bill now before the House focuses As has been aptly demonstrated by mittee during these 28 years. It has on two common deceptive tactics: post- the majority’s health care bill and the been a service that will certainly be transaction marketing and ‘‘data CPSIA, the consumer protection bill the high point of my career, and I pass.’’ that we’ve had to make several thank all members for their many Post-transaction marketing occurs changes to, the heavy hand of Federal courtesies. when a consumer purchasing some- regulation is prone to producing un- Madam Speaker, I strongly encour- thing from a trusted vendor is pre- foreseen and unacceptable con- age the passage of this legislation. sented with offers from unrelated sell- sequences on the Nation’s economy. I yield back the balance of my time. ers promising savings on the initial On its face, this may not be some- Mr. TERRY. Madam Speaker, I ask transaction as well as future pur- thing we’d oppose if we had a record to unanimous consent to reclaim my chases. These third-party sellers often prove it’s necessity and to inform us as time. do not make clear that they are dis- to the proper way to address the poten- The SPEAKER pro tempore. Is there tinct entities and that agreeing to tial problems that this bill is meant to objection to the request of the gen- their offer constitutes a wholly sepa- solve, but we have absolutely no record tleman from Nebraska? rate transaction with an entirely new on this matter; and the House, there- There was no objection. set of terms. The legislation would fore, cannot responsibly pass this bill Mr. TERRY. At this time, I will yield bring these transactions into the light to the President’s desk to become law. such time as he may consume to the and make them much easier for con- House Republicans are more than ranking member of the Energy and sumers to follow. It would also put an willing to work with our counterparts Commerce Committee from Texas, JOE end to ‘‘data pass’’ during these trans- on the other side of the aisle and with BARTON. actions, in which the first seller shares our colleagues in the Senate next Con- Mr. BARTON of Texas. Thank you. a consumer’s credit card number with gress to build a record and address if Madam Speaker, I apologize. I was in the third-party seller without the this issue is proven necessary. Based my office and listening to the debate. I knowledge or consent of the consumer. solely on a complete lack of process, heard my distinguished senior Repub- The legislation returns to consumers not necessarily the merits, but on the lican rise in reluctant opposition to the the power to control when and with process, I urge opposition to this legis- bill. I had had a conversation which whom their sensitive financial infor- lation. Mr. TERRY was not aware of with the mation is shared. b 1210 chairman of the committee, Mr. WAX- The Restore Online Shoppers’ Con- MAN, in which I expressed the same Madam Speaker, in closing, I want to fidence Act, as passed by the Senate, concerns that Mr. TERRY expressed, but serves to protect the consumer in the commend Mr. BOUCHER, the telecom because of the policy implications of online marketplace. chair. He has been an awesome chair the bill, agreed that it should be sup- I want to say thank you to Senator for telecom, in fact, I would have to ported. I told him that I would encour- ROCKEFELLER, the chief sponsor of the say in the United States House of Rep- age the Republicans on the committee measure in the other body, and to his resentatives, and I am even going to and in the full House to support it. Mr. throw in the Senate. He is by far the staff for their determined work, as well TERRY did not know that, and he was as to Congressman SPACE, on our En- most informed and educated on doing what we had decided before I telecom Internet issues. So when RICK ergy and Commerce Committee, for his talked to Mr. WAXMAN. sponsorship of this measure in the BOUCHER stands up to discuss an issue I would not normally rush to the House. that affects e-commerce and the Inter- floor; but given that I had given my net, we listen. Through this legislation, consumers word to Chairman WAXMAN, I felt the will be empowered to make smart deci- It is unfortunate that we are having necessity to express to the sub- a debate on this bill on process and not sions online and protect their bank ac- committee chairman, Mr. BOUCHER, counts. I urge strong support for the on the merits, because on the merits that while we agree with all the proc- we are going to listen to RICK BOUCHER. passage of the bill. ess arguments that Mr. TERRY enun- Madam Speaker, I reserve the bal- And I just want to thank him for his ciated and think they are very valid, ance of my time. service to Congress, his tutelage to- the policy in the bill is good policy, Mr. TERRY. Madam Speaker, unfor- wards me on telecom issues in Con- and I would ask that it be supported tunately, I rise today in opposition to gress. I for one, and I can say all of us for that reason. S. 3386, the Restore Online Shoppers’ on the Energy and Commerce Com- I thank the gentleman from Ne- Confidence Act. This bill would regu- mittee, are going to miss RICK BOUCHER braska for yielding. late e-commerce, specifically, negative next term. Mr. TERRY. Madam Speaker, I yield option marketing and third-party bill- I yield back the balance of my time. back the balance of my time. ing. Mr. BOUCHER. Madam Speaker, I The SPEAKER pro tempore. The The Committee on Energy and Com- yield myself the balance of my time. question is on the motion offered by merce has not held a single hearing or Madam Speaker, I want to express the gentleman from Virginia (Mr. BOU- markup on this legislation or any leg- appreciation for the gentleman from CHER) that the House suspend the rules islation similar in concept. Further- Nebraska for those very kind com- and pass the bill, S. 3386. more, it has been less than 2 weeks ments, and I want to also say what a The question was taken; and (two- since the majority first raised the issue privilege it has been working with him. thirds being in the affirmative) the with minority staff and informed us of He and I together have structured a rules were suspended and the bill was their intentions to place this bill on number of items of legislation. passed. For example, we advanced to the En- the suspension calendar. A motion to reconsider was laid on ergy and Commerce Committee a We have not held a single stake- the table. holders meeting regarding this legisla- measure that comprehensively reforms tion, nor have we spoken with the Fed- the Federal Universal Service Fund f eral Trade Commission about how they and has obtained the endorsement of would implement this legislation or if virtually all of the stakeholders who TRUTH IN CALLER ID ACT OF 2009 they feel it is necessary. In fact, we have expressed interest in that very Mr. BOUCHER. Madam Speaker, I had not one single stakeholder call, complex subject. It has been a pleasure move to suspend the rules and pass the

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.043 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8377 bill (S. 30) to amend the Communica- violation, or 3 times that amount for each without regard to the residence of the per- tions Act of 1934 to prohibit manipula- day of a continuing violation, except that son. tion of caller identification informa- the amount assessed for any continuing vio- ‘‘(7) EFFECT ON OTHER LAWS.—This sub- tion. lation shall not exceed a total of $1,000,000 section does not prohibit any lawfully au- for any single act or failure to act. thorized investigative, protective, or intel- The Clerk read the title of the bill. ‘‘(ii) RECOVERY.—Any forfeiture penalty ligence activity of a law enforcement agency The text of the bill is as follows: determined under clause (i) shall be recover- of the United States, a State, or a political S. 30 able pursuant to section 504(a). subdivision of a State, or of an intelligence Be it enacted by the Senate and House of Rep- ‘‘(iii) PROCEDURE.—No forfeiture liability agency of the United States. resentatives of the United States of America in shall be determined under clause (i) against ‘‘(8) DEFINITIONS.—For purposes of this sub- Congress assembled, any person unless such person receives the section: notice required by section 503(b)(3) or section SECTION 1. SHORT TITLE. ‘‘(A) CALLER IDENTIFICATION INFORMA- 503(b)(4). This Act may be cited as the ‘‘Truth in TION.—The term ‘caller identification infor- ‘‘(iv) 2-YEAR STATUTE OF LIMITATIONS.—No Caller ID Act of 2009’’. mation’ means information provided by a forfeiture penalty shall be determined or im- caller identification service regarding the SEC. 2. PROHIBITION REGARDING MANIPULA- posed against any person under clause (i) if telephone number of, or other information TION OF CALLER IDENTIFICATION the violation charged occurred more than 2 INFORMATION. regarding the origination of, a call made years prior to the date of issuance of the re- Section 227 of the Communications Act of using a telecommunications service or IP-en- quired notice or notice or apparent liability. 1934 (47 U.S.C. 227) is amended— abled voice service. ‘‘(B) CRIMINAL FINE.—Any person who will- (1) by redesignating subsections (e), (f), and ‘‘(B) CALLER IDENTIFICATION SERVICE.—The fully and knowingly violates this subsection (g) as subsections (f), (g), and (h), respec- term ‘caller identification service’ means shall upon conviction thereof be fined not tively; and any service or device designed to provide the more than $10,000 for each violation, or 3 (2) by inserting after subsection (d) the fol- user of the service or device with the tele- times that amount for each day of a con- phone number of, or other information re- lowing new subsection: tinuing violation, in lieu of the fine provided ROHIBITION ON PROVISION OF INAC- garding the origination of, a call made using ‘‘(e) P by section 501 for such a violation. This sub- CURATE CALLER IDENTIFICATION INFORMA- a telecommunications service or IP-enabled paragraph does not supersede the provisions voice service. Such term includes automatic TION.— of section 501 relating to imprisonment or ‘‘(1) IN GENERAL.—It shall be unlawful for number identification services. the imposition of a penalty of both fine and ‘‘(C) IP-ENABLED VOICE SERVICE.—The term any person within the United States, in con- imprisonment. nection with any telecommunications serv- ‘IP-enabled voice service’ has the meaning ‘‘(6) ENFORCEMENT BY STATES.— ice or IP-enabled voice service, to cause any given that term by section 9.3 of the Com- ‘‘(A) IN GENERAL.—The chief legal officer of mission’s regulations (47 C.F.R. 9.3), as those caller identification service to knowingly a State, or any other State officer author- transmit misleading or inaccurate caller regulations may be amended by the Commis- ized by law to bring actions on behalf of the sion from time to time. identification information with the intent to residents of a State, may bring a civil ac- defraud, cause harm, or wrongfully obtain ‘‘(9) LIMITATION.—Notwithstanding any tion, as parens patriae, on behalf of the resi- other provision of this section, subsection (f) anything of value, unless such transmission dents of that State in an appropriate district shall not apply to this subsection or to the is exempted pursuant to paragraph (3)(B). court of the United States to enforce this regulations under this subsection.’’. ‘‘(2) PROTECTION FOR BLOCKING CALLER IDEN- subsection or to impose the civil penalties TIFICATION INFORMATION.—Nothing in this for violation of this subsection, whenever the The SPEAKER pro tempore. Pursu- subsection may be construed to prevent or chief legal officer or other State officer has ant to the rule, the gentleman from restrict any person from blocking the capa- reason to believe that the interests of the Virginia (Mr. BOUCHER) and the gen- bility of any caller identification service to residents of the State have been or are being tleman from Florida (Mr. STEARNS) transmit caller identification information. threatened or adversely affected by a viola- each will control 20 minutes. ‘‘(3) REGULATIONS.— tion of this subsection or a regulation under The Chair recognizes the gentleman ‘‘(A) IN GENERAL.—Not later than 6 months this subsection. from Virginia. after the date of enactment of the Truth in ‘‘(B) NOTICE.—The chief legal officer or Caller ID Act of 2009, the Commission shall other State officer shall serve written notice GENERAL LEAVE prescribe regulations to implement this sub- on the Commission of any civil action under Mr. BOUCHER. Madam Speaker, I section. subparagraph (A) prior to initiating such ask unanimous consent that all Mem- ‘‘(B) CONTENT OF REGULATIONS.— civil action. The notice shall include a copy bers have 5 legislative days to revise ‘‘(i) IN GENERAL.—The regulations required of the complaint to be filed to initiate such and extend their remarks and include under subparagraph (A) shall include such civil action, except that if it is not feasible extraneous material in the RECORD. exemptions from the prohibition under para- for the State to provide such prior notice, graph (1) as the Commission determines is the State shall provide such notice imme- The SPEAKER pro tempore. Is there appropriate. diately upon instituting such civil action. objection to the request of the gen- ‘‘(ii) SPECIFIC EXEMPTION FOR LAW ENFORCE- ‘‘(C) AUTHORITY TO INTERVENE.—Upon re- tleman from Virginia? MENT AGENCIES OR COURT ORDERS.—The regu- ceiving the notice required by subparagraph There was no objection. lations required under subparagraph (A) (B), the Commission shall have the right— Mr. BOUCHER. I yield myself such shall exempt from the prohibition under ‘‘(i) to intervene in the action; time as I may consume. paragraph (1) transmissions in connection ‘‘(ii) upon so intervening, to be heard on all (Mr. BOUCHER asked and was given with— matters arising therein; and permission to revise and extend his re- ‘‘(I) any authorized activity of a law en- ‘‘(iii) to file petitions for appeal. marks.) forcement agency; or ‘‘(D) CONSTRUCTION.—For purposes of Mr. BOUCHER. Madam Speaker, ‘‘(II) a court order that specifically author- bringing any civil action under subparagraph izes the use of caller identification manipu- (A), nothing in this paragraph shall prevent today we consider S. 30, the Truth in lation. the chief legal officer or other State officer Caller ID Act. It is the Senate com- ‘‘(4) REPORT.—Not later than 6 months from exercising the powers conferred on that panion to House legislation that was after the enactment of the Truth in Caller ID officer by the laws of such State to conduct introduced on a bipartisan basis by our Act of 2009, the Commission shall report to investigations or to administer oaths or af- colleagues, the gentleman from New Congress whether additional legislation is firmations or to compel the attendance of York (Mr. ENGEL) and the gentleman necessary to prohibit the provision of inac- witnesses or the production of documentary from Texas (Mr. BARTON), ranking Re- curate caller identification information in and other evidence. publican member of the Energy and technologies that are successor or replace- ‘‘(E) VENUE; SERVICE OR PROCESS.— ment technologies to telecommunications ‘‘(i) VENUE.—An action brought under sub- Commerce Committee. service or IP-enabled voice service. paragraph (A) shall be brought in a district The bill directs the FCC to adopt the ‘‘(5) PENALTIES.— court of the United States that meets appli- regulations prohibiting caller ID spoof- ‘‘(A) CIVIL FORFEITURE.— cable requirements relating to venue under ing in which a caller falsifies the origi- ‘‘(i) IN GENERAL.—Any person that is deter- section 1391 of title 28, United States Code. nal caller ID information during the mined by the Commission, in accordance ‘‘(ii) SERVICE OF PROCESS.—In an action transmission of a call with the intent with paragraphs (3) and (4) of section 503(b), brought under subparagraph (A)— to defraud, to cause harm, or wrong- to have violated this subsection shall be lia- ‘‘(I) process may be served without regard fully to obtain anything of value. The ble to the United States for a forfeiture pen- to the territorial limits of the district or of alty. A forfeiture penalty under this para- the State in which the action is instituted; bill makes anyone who knowingly and graph shall be in addition to any other pen- and willingly engages in caller ID spoofing alty provided for by this Act. The amount of ‘‘(II) a person who participated in an al- eligible for criminal fines. the forfeiture penalty determined under this leged violation that is being litigated in the Spoofing has been possible for many paragraph shall not exceed $10,000 for each civil action may be joined in the civil action years, but generally required expensive

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.045 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8378 CONGRESSIONAL RECORD — HOUSE December 15, 2010 equipment in order to change the out- tects consumers by prohibiting the de- and Commerce Committee, my good going call information. But with the ceptive practice of manipulating caller friend, ELIOT ENGEL from New York. growth of voice over Internet protocol ID information, a practice known as I support this legislation. usage, spoofing has become easier and caller ID spoofing. I reserve the balance of my time. considerably less expensive, and a num- Everyone is now familiar with the Mr. BOUCHER. Madam Speaker, I am ber of Web sites are now offering spoof- caller ID product that provides to a pleased to yield such time as he may ing services. Consequently, those who consumer the name and number of who consume to the gentleman from New want to deceive others by manipu- is placing an incoming call. Madam York (Mr. ENGEL), the chief sponsor of lating caller ID can now do so with rel- Speaker, unfortunately, caller ID the House companion measure. ative ease. spoofing is yet another tool available Mr. ENGEL. I thank my friend from Spoofing threatens a number of busi- to criminals to hijack the identity of Virginia for yielding to me. I want to ness applications, including credit card consumers. thank my friend from Florida (Mr. verifications and automatic call rout- As with other scams, the Internet is STEARNS) for his kind words, and also ing, because these systems rely on the making caller ID spoofing even easier the kind words of the gentleman from telephone number as identified by the today. There are Web sites that offer Virginia. caller ID system as one piece of their subscribers, for a nominal fee, a simple I rise today in strong support of my verification and authentication proc- Web interface to caller ID spoofing sys- legislation, the Truth in Caller ID Act. ess. It is also commonly used in the tems that lets them appear to be call- This is about as bipartisan as a bill can commission of frauds of various kinds. ing from any number they so choose. be. We have passed this bill several At other times, spoofing may be used Some of these Web services have boast- times in the House only to have it not to protect individuals. For example, ed that they do not maintain logs and move through the other body, and I am domestic violence shelters sometimes fail to provide any contact informa- delighted that for the first time we use spoofing to mask the identity of tion. Some even offer voice scrambling have had it passed in the other body. the caller for protective purposes. services to further the deception of the So now when we pass this bill, hope- By prohibiting the use of caller ID consumer. fully the President will sign it into law spoofing only where the intent is to de- The FCC has investigated this spoof- and we will finally have a stoppage of fraud, to cause harm, or wrongfully ob- ing problem, but currently there is no this fraud which is being perpetrated tain anything of value, this measure prohibition against manipulating call- on the American people. addresses the nefarious uses of the er ID information with the intent to I originally read an article in the technology while continuing to allow harm others. Today’s bill remedies this newspaper on a plane talking about legitimate uses such as use in shelters problem. what was going on with spoofing, and I for the victims of domestic violence. This bill specifically prohibits know- remember thinking, This is ridiculous. In the rulemaking that the FCC will ingly sending misleading or inaccurate How could this be legal? How could we conduct pursuant to new subsection caller ID information with the intent just turn a blind eye to it? And then I 227(e)(3) of the Communications Act, to defraud, cause harm, or wrongfully realized we needed to have legislation. the committee anticipates that the obtain anything of value. Deception We have been supported every step of commission will consider imposing ob- with intent is our target. We drafted the way, again, bipartisan, by the gen- ligations on entities that provide caller and amended the language carefully to tleman from California (Mr. WAXMAN) ID spoofing services to the public. The ensure that we only prohibit those and the gentleman from Texas (Mr. widespread availability of caller ID practices intending to do harm. BARTON). We have all worked on this spoofing services presents a significant There are sometimes legitimate rea- legislation together. potential for abuse and hinders law en- sons why someone may need to manip- I introduced the bill because we need forcement’s ability to investigate ulate caller ID. For example, domestic an immediate change in our laws to crime. violence shelters often alter their call- help prevent identity theft, to crack The prohibition in this bill on the use er ID information to simply protect the down on fraudulent phone calls, and to of those services with the intent to de- safety of victims of violence. Further- protect legitimate uses of caller ID fraud, cause harm, or wrongfully ob- more, a wide array of legitimate uses technology. We have seen, as my col- tain anything of value could be of lim- of caller ID management technologies leagues have mentioned, a large num- ited value if entities continue to pro- exists today, and this bill protects ber of cases of caller ID fraud leading vide those services without making those legitimate business practices. to illegal or even violent activities. any effort to verify their users’ owner- For example, caller ID management Last year, the New York City Police ship of the phone number that is being services provide a local presence for Department uncovered a massive iden- substituted. teleservices and collection companies. tity theft ring where criminals stole With our action today, this measure These calling services companies are more than $15 million from over 6,000 will be forwarded to the President for regulated by the Federal Trade Com- people. They were able to perpetrate his signature. I want to thank and mission and Federal Communications this fraud in many instances by using commend our colleagues, Mr. ENGEL Commission, which require commercial caller ID spoofing. In another case, a and also Mr. BARTON, for their commit- callers to project a caller ID that can person in New York called a pregnant ment to the matter. And I want to be called back. This bill is not intended woman who she viewed as a romantic commend Senator NELSON of Florida to target lawful practices protecting rival, spoofing the phone number of the and all Members who, on a bipartisan people from harm or serving a legiti- woman’s pharmacist. She tricked the basis, have contributed to and sup- mate business interest. woman into taking a drug used to ported the legislation now before the My colleagues, this is a good piece of cause abortions. House. bipartisan consumer protection legisla- Caller ID fraud has even been used to I reserve the balance of my time. tion. And while I normally hesitate to prank call the constituents of a Mem- take the Senate’s work product with- ber of this body, with the caller ID b 1220 out some kind of amendment on our readout saying it came from that Mem- Mr. STEARNS. Madam Speaker, I side, I want to thank my friends on ber’s office. Just imagine if people yield myself such time as I may con- both sides of the Capitol, on both sides committed this fraud in the days lead- sume. of the aisle here in the House of Rep- ing up to a close election. You could I rise in support of S. 30, the Truth in resentatives, including the many chair- see it. You spoof a number of your po- Caller ID Act of 2009, which addresses men over the years, including Mr. BAR- litical opponent. You call someone at 3 an issue that Mr. BARTON and Mr. TON, Mr. DINGELL, Mr. WAXMAN, Mr. o’clock in the morning. You say some- ENGEL and the Energy and Commerce MARKEY, and Mr. BOUCHER, as well as thing obnoxious on the phone, and then Committee have been working on since Mr. UPTON, who was also chairman of the constituents are angry and are not the 109th Congress. In fact, back in this subcommittee. I also want to going to vote for that person. This is April of this year, the House passed our thank this Congress’ lead sponsor and all perfectly legal, up until the passage version, H.R. 1258. The legislation pro- hardworking member of the Energy of this bill.

VerDate Mar 15 2010 04:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.046 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8379 I have said again and again that one I rise to speak about S. 30, the Truth why we must pass this bill before some- of the most troubling aspects of caller in Caller ID Act of 2009, addressing the one gets hurt. ID spoofing is not simply that it is serious problem of caller ID fraud that Here are some other reports. A legal. What disturbs me is how incred- allows a caller to hide his true iden- woman from Pennsylvania discovered ibly easy it is to carry out caller ID tity. They do this through Web sites her phone number was appearing on fraud. Criminals use a tool called a that will let you choose any number to other people’s caller ID, and it was spoof card to change their outgoing show up on the caller ID. The Web sites being used as a vehicle to harass peo- caller ID; so you could look at it and even offer options to disguise your ple. see a phone number, any phone number voice, such as making a man or wom- In the wake of the Haitian earth- that that person wants to put down, an’s voice appear as the opposite gen- quake, the Virginia State Police they can do it, and the person getting der. warned citizens to be vigilant against the call has totally no idea where it is I am glad to see the Senate is finally scam artists using phony caller ID coming from or thinks it is coming acting on this issue that I first raised numbers to obtain donations. Under from a place where obviously it is not. in 2006 when I introduced H.R. 5304, such circumstances, perpetrators can This technology can even be used to known as the PHONE Act, or the Pre- pose as a legitimate charity to fool disguise someone’s voice in order to venting Harassment Through Outbound others into donating to an illegitimate trick people. If it is a man doing it, he Number Enforcement Act. account. can change the voice to sound like a We have heard of cases where a coun- b 1230 woman, and vice versa. So it can be ty courthouse number appears as citi- done completely to trick people. My bill passed the full House on De- zens are told they missed jury duty and This can trick people, corporations, cember 9, 2006, and while it didn’t make are asked to give their credit card or even banks. Imagine senior citizens it through the Senate, several Members number to pay a fine. who see the number of their bank put of the House pressed on. Congressman Last December, another case in up when they take a look and see who BOBBY SCOTT and I reintroduced this Pennsylvania occurred when a woman is calling and it is fraudulent, or their legislation in the 110th and 111th Con- claimed to have shot her baby. It doctor or their pharmacist or a close gresses. The House passed the bill in turned out to be a hoax. The police and family member or a close family March of 2007 by a vote of 413–1. And I detectives were forced to spend their friend. This is terrible, and this tool is would like to thank my colleagues in Christmas Day wasting valuable re- available to anyone with access to a this session of Congress for overwhelm- sources investigating what was pre- Web browser. So, as was pointed out, ingly voting in favor of the Murphy- sented as a gruesome crime that was the technology has gotten easier and Scott Phone Act a year ago tomorrow never committed. easier for someone to perpetrate this by a vote of 418–1. These are just a few examples, and if fraud. Caller ID can have legitimate uses to we do not enact this legislation into This legislation will outlaw caller ID protect victims or when law enforce- law, I worry we will read about many spoofing when the intent is to defraud, ment are trying to track down crimi- more cases of call spoofing, including cause harm, or lawfully obtain any- nals. However, here we are concerned some that will inevitably end in trag- thing of value. And, let me say, we about illegitimate uses. edy. have had many, many hearings on this When I first introduced the PHONE Because of these, I am still a sup- bill. Act, several problems were already be- porter of enhanced penalties when call- The reason why this outlaws caller ginning to emerge. On one level friends er ID spoofing is used in the commis- ID spoofing when the intent is to de- were using it to prank others, and just sion of a crime. Therefore, we should fraud or cause harm, as my colleagues to annoy them. On another level, there not stop with this legislation. The have pointed out, we put that in the were famous or infamous cases where Truth in Caller ID Act provides for bill based on the hearings we had be- the harassment involved well-known civil penalties under the Communica- cause we don’t want some legitimate personalities, * * *. tions Act of 1934. My legislation, the reasons to use this technology to be But caller ID is also employed for PHONE Act, which has already passed outlawed. So it is only outlawed when more sinister reasons. My own office the intent is to defraud, cause harm, or the full House, provides for criminal experienced this when an organization penalties under the U.S. criminal code. wrongfully obtain anything of value. used a phony caller ID system to make We won’t be challenging the rulings But I want to thank Congressman it appear as though my congressional for legitimate uses of this technology. ENGEL and Congressman BARTON for office was calling constituents. Con- For example, domestic abuse shelters being leaders on this issue in the House stituents were understandably puzzled will still be able to change the number of Representatives in introducing their on caller ID to protect the occupants of and annoyed when bombarded by these version. I urge my colleagues to vote the shelter. We have some scrambling calls. Unfortunately, we were not able for the Truth in Caller ID Act, and let’s right here in the Capitol, as a result, to to track down the perpetrators. In hope in the future we can pass en- protect very important private num- total, at least 42 House Republicans hanced criminal penalties such as bers. That won’t be changed. from 14 States were targeted in their those in my PHONE Act bill. Together So, again, I am pleased this bill home districts by similar harassing these pieces of legislation would create passed the House in the 109th and 110th phone calls using call spoofing. Al- a comprehensive set of civil and crimi- Congress. This is now the 111th. We are though I believe that action alone con- nal penalties to enable us to effectively about to pass it. The Senate has done stitutes a fraud in posing as a Federal combat caller ID spoofing. it for the first time. So I look forward elected official’s office, that is not the Mr. BOUCHER. Madam Speaker, I re- to the President signing this bill into worst case. serve the balance of my time. law. In several cases, police and FBI have Mr. STEARNS. Madam Speaker, I I strongly urge my colleagues to sup- been subjected to so-called ‘‘swatting’’ yield 3 minutes to the gentleman from port the Truth in Caller ID Act to out- calls when a caller uses another per- Texas (Mr. BARTON), the distinguished law this type of fraud once and for all. son’s caller ID to phone the authori- ranking member of the Energy and I thank my colleagues again for their ties, report a fake crime in progress, Commerce Committee. support. which draws a police and SWAT team (Mr. BARTON of Texas asked and Mr. STEARNS. Madam Speaker, I response. Luckily, no one has been was given permission to revise and ex- yield 5 minutes to the gentleman from harmed in these cases, but you can tend his remarks.) Pennsylvania (Mr. TIM MURPHY), the imagine the potential tragedy when a Mr. BARTON of Texas. I rise for two distinguished Member who also has team of police with guns drawn respond reasons. One is to support this bill. I been active in this, in fact has had a to the scene of what they believe is a actually thought it had passed and be- separate bill, so he was sort of a fore- dangerous ongoing crime. It is more come law because we pass it every Con- runner on this issue. than just a false alarm to a fire depart- gress, and it goes to the other body and Mr. TIM MURPHY of Pennsylvania. I ment. It can lead to serious injury for falls in the black hole over there. So it thank my colleague. police and the community, and that is is good to know they are bringing it

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.048 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8380 CONGRESSIONAL RECORD — HOUSE December 15, 2010 back. I am told there is a two-word dif- am against. But I have to admire Mr. motion offered by the gentleman from ference between the bill we sent to BOUCHER’s perseverance, his stick-to- Virginia (Mr. BOUCHER) that the House them and the bill they sent back to us. it-ness, whether it is trying to reach suspend the rules and pass the bill, S. I guess we can accept a two-word dif- compromise on legislation, or his 30. ference. It is long overdue. I want to reach-out to stakeholders. For exam- The question was taken; and (two- compliment Mr. ENGEL for his hard ple, on the privacy, he had a comment thirds being in the affirmative) the work and perseverance. And Mr. period on his privacy bill that I cospon- rules were suspended and the bill was STEARNS, Mr. MURPHY, and others on sored, which is unusual around here. A passed. our side, and of course Mr. BOUCHER for lot of times we say we don’t have an A motion to reconsider was laid on this bill. opportunity to even read the bills be- the table. The primary reason I am speaking, fore they are voted on, but in fact, f though, is I want to say some heartfelt under Mr. BOUCHER’s leadership as words about Mr. BOUCHER. Sooner or chairman of the Telecommunications ANNOUNCEMENT BY THE SPEAKER later this Congress is going to mer- Subcommittee, he took his bill and of- PRO TEMPORE cifully adjourn—and I hope sooner fered it as a draft to get stakeholders’ rather than later—and so I don’t know comments. That is a credit to his lead- The SPEAKER pro tempore. Pursu- how many more times we are going to ership. ant to clause 8 of rule XX, proceedings be on the floor, but I wanted to say in As Mr. BARTON pointed out, we are will resume on motions to suspend the his presence what an honor it has been going to miss him. He provides strong, rules previously postponed. to serve with him. He is a workhorse competent leadership, and we wish him Votes will be taken in the following Member; he is not a show horse. He well and thank him for his service. order: H.R. 5446 and House Resolution doesn’t get involved in many, many I yield back the balance of my time. 1759, both by the yeas and nays; Senate issues, but when he does get involved, Mr. BOUCHER. Madam Speaker, I Concurrent Resolution 72 and H.R. 6205, he is meticulous in his preparation and yield myself the balance of my time, both de novo. understanding of the issue and his de- and I do so to thank my colleagues, the The first electronic vote will be con- tail. His word is gold. It is always good. gentleman from Texas (Mr. BARTON) ducted as a 15-minute vote. Remaining On the rare occasions when I have and my friend, the gentleman from electronic votes will be conducted as 5- disagreed with him, I have always been Florida (Mr. STEARNS) for their kind minute votes. remarks. I want to thank them for the impressed with the merit of his argu- f ment. He will be missed. He is one of collaboration and the friendship over the Members who makes the institu- the years. HARRY T. AND HARRIETTE MOORE Mr. STEARNS and I have participated tion work. He does it behind the POST OFFICE together in developing the ideas, devel- scenes. He is always thoughtful and oping the legislation, and bringing The SPEAKER pro tempore. The un- prepared and just a joy to work with. through the Communications Sub- finished business is the vote on the mo- I had the privilege to work with him committee all of the bills that that tion to suspend the rules and pass the when I was the subcommittee chair- subcommittee acted on legislatively in bill (H.R. 5446) to designate the facility man and he was my ranking member, this 2-year session of Congress. I appre- of the United States Postal Service lo- and I have had the privilege to work ciate so much the good ideas Mr. cated at 600 Florida Avenue in Cocoa, with him while he has been in the ma- STEARNS shared, his work with me to Florida, as the ‘‘Harry T. and Harriette jority as a subcommittee chairman. ensure that all of our legislation had a Moore Post Office,’’ on which the yeas The work he and Congressman STEARNS bipartisan foundation, and I think and nays were ordered. have done on privacy is work that will what we were able to do was a better The Clerk read the title of the bill. bear fruit in the coming Congress I product by virtue of the fact that we The SPEAKER pro tempore. The hope. The work he has done on energy worked together. It has been a privi- question is on the motion offered by issues and telecommunications issues, lege over the years to have the oppor- the gentlewoman from California (Ms. his work will stand the test of time. tunity to work with him. He is an out- CHU) that the House suspend the rules I do want to support the pending leg- standing legislator. and pass the bill. islation, but I also wanted to give the The vote was taken by electronic de- b 1240 gentleman from Virginia my very best vice, and there were—yeas 405, nays 0, wishes. I look forward to working with I want to commend him for the fine not voting 28, as follows: him in whatever endeavors he pursues work that he has done, and mostly [Roll No. 631] in the future. It has really been an thank him for the friendship and the YEAS—405 honor to serve with you in the House of partnership that he and I have enjoyed Representatives. together. And I want to say thank you Ackerman Boehner Castle Mr. STEARNS. Madam Speaker, I Aderholt Bono Mack Castor (FL) to my friend (Mr. BARTON) with whom Adler (NJ) Boozman Chaffetz yield myself such time as I may con- I was privileged to work on the Energy Akin Boren Chandler sume. Subcommittee when he was chairman Alexander Boswell Childers I just would echo the comments of Altmire Boucher Chu and I was the ranking member. During Andrews Boustany Clarke the gentleman from Texas (Mr. BAR- the time he chaired the full committee, Arcuri Boyd Clay TON) about Mr. BOUCHER. Having I had the privilege of participating Austria Brady (PA) Cleaver worked with Mr. BOUCHER, he and I with him on a whole range of under- Baca Brady (TX) Clyburn have cosponsored many bills across the Bachmann Braley (IA) Coble takings, and I admire very much the Bachus Bright Coffman (CO) spectrum. Recently, obviously, we leadership that he has provided as Baird Broun (GA) Cohen worked on privacy together. And also, chairman of the Energy and Commerce Baldwin Brown (SC) Cole we tried to hammer out some kind of Barrett (SC) Brown, Corrine Conaway Committee and more recently as the Barrow Buchanan Connolly (VA) compromise on net neutrality. Net ranking member. Bartlett Burgess Conyers neutrality was difficult because the So, thank you, gentlemen, for those Barton (TX) Burton (IN) Cooper FCC was attempting to move it to title kind remarks. I am humbled by them. Bean Butterfield Costa II. We finally got them to stop that. In Becerra Buyer Costello And I appreciate your taking very Berkley Calvert Courtney fact, the court stopped them. Again, much the occasion of our debate on Berman Camp Crenshaw Mr. BOUCHER and I met with the stake- this legislation to make those com- Biggert Campbell Critz holders across the board to try and see ments. Bilbray Cao Crowley Bilirakis Capito Cuellar if there was some compromise. We both Madam Speaker, I have no further re- Bishop (GA) Capps Culberson agreed it should be under the jurisdic- quests for time, I urge support of the Bishop (NY) Capuano Cummings tion of the Congress and not the FCC legislation currently pending, and I Bishop (UT) Carnahan Dahlkemper acting unilaterally, as it appears they Blackburn Carney Davis (CA) yield back the balance of my time. Blumenauer Carson (IN) Davis (KY) are going to do on December 21 when The SPEAKER pro tempore (Ms. Blunt Carter Davis (TN) they vote for net neutrality, which I RICHARDSON). The question is on the Boccieri Cassidy DeFazio

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.049 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8381 DeGette Kildee Perriello Wasserman Weiner Wittman Ellison Larson (CT) Rehberg Delahunt Kilpatrick (MI) Peters Schultz Welch Wolf Ellsworth Latham Reichert DeLauro Kilroy Peterson Waters Westmoreland Wu Emerson LaTourette Reyes Dent Kind Petri Watson Whitfield Yarmuth Engel Latta Richardson Deutch King (IA) Pingree (ME) Watt Wilson (OH) Young (AK) Eshoo Lee (CA) Rogers (AL) Diaz-Balart, L. King (NY) Pitts Waxman Wilson (SC) Etheridge Lee (NY) Rogers (KY) Diaz-Balart, M. Kingston Platts NOT VOTING—28 Farr Levin Rogers (MI) Dicks Kirkpatrick (AZ) Poe (TX) Fattah Lewis (CA) Rohrabacher Dingell Kissell Polis (CO) Berry Griffith Pomeroy Filner Lewis (GA) Ros-Lehtinen Djou Kline (MN) Posey Bonner Herseth Sandlin Putnam Flake Linder Roskam Doggett Kosmas Brown-Waite, Klein (FL) Radanovich Price (GA) Fleming Lipinski Ross Donnelly (IN) Kratovil Ginny Marchant Rodriguez Price (NC) Forbes LoBiondo Rothman (NJ) Doyle Kucinich Cantor Markey (CO) Salazar Quigley Fortenberry Loebsack Roybal-Allard Dreier Lamborn Cardoza McCarthy (NY) Shadegg Rahall Foster Lofgren, Zoe Royce Driehaus Lance Davis (AL) McMorris Space Rangel Frank (MA) Lowey Ruppersberger Duncan Langevin Reed Davis (IL) Rodgers Wamp Franks (AZ) Lucas Rush Edwards (MD) Larsen (WA) Rehberg Fallin Meek (FL) Woolsey Frelinghuysen Luetkemeyer Ryan (OH) Edwards (TX) Larson (CT) Reichert Granger Owens Young (FL) Fudge Luja´ n Ryan (WI) Ehlers Latham Reyes Gallegly Lummis Sa´ nchez, Linda Ellison LaTourette Richardson b 1312 Garamendi Lungren, Daniel T. Ellsworth Latta Roe (TN) So (two-thirds being in the affirma- Garrett (NJ) E. Sanchez, Loretta Emerson Lee (CA) Rogers (AL) tive) the rules were suspended and the Lynch Engel Lee (NY) Rogers (KY) Gerlach Sarbanes Mack Eshoo Levin Rogers (MI) bill was passed. Giffords Scalise Etheridge Lewis (CA) Rohrabacher The result of the vote was announced Gingrey (GA) Maffei Schakowsky Maloney Farr Lewis (GA) Rooney as above recorded. Gohmert Schauer Fattah Linder Ros-Lehtinen Gonzalez Manzullo Schiff Filner Lipinski Roskam A motion to reconsider was laid on Goodlatte Markey (MA) Schmidt Flake LoBiondo Ross the table. Gordon (TN) Marshall Schock Fleming Loebsack Rothman (NJ) Graves (GA) Matheson Schrader f Forbes Lofgren, Zoe Roybal-Allard Graves (MO) Matsui Schwartz Fortenberry Lowey Royce SUPPORTING DESIGNATION OF ED Grayson McCarthy (CA) Scott (GA) Foster Lucas Ruppersberger Green, Al McCaul Scott (VA) Foxx Luetkemeyer Rush ROBERTS DAY Green, Gene McClintock Serrano ´ Frank (MA) Lujan Ryan (OH) Grijalva McCollum Sessions Franks (AZ) Lummis The SPEAKER pro tempore. The un- Ryan (WI) Guthrie McCotter Sestak Frelinghuysen Lungren, Daniel Sa´ nchez, Linda finished business is the vote on the mo- Hall (NY) McDermott Shea-Porter Fudge E. T. tion to suspend the rules and agree to Hall (TX) McGovern Shimkus Gallegly Lynch Sanchez, Loretta Halvorson McHenry Shuler Garamendi Mack the resolution (H. Res. 1759) expressing Sarbanes McIntyre Garrett (NJ) Maffei support for designation of January 23rd Hare Shuster Scalise Harman McKeon Simpson Gerlach Maloney Schakowsky as ‘‘Ed Roberts Day,’’ on which the Giffords Manzullo Harper McMahon Sires Schauer yeas and nays were ordered. Hastings (FL) McNerney Skelton Gingrey (GA) Markey (MA) Schiff The Clerk read the title of the resolu- Hastings (WA) Meek (FL) Slaughter Gohmert Marshall Schmidt Heinrich Meeks (NY) Smith (NE) Gonzalez Matheson Schock tion. Heller Mica Smith (NJ) Goodlatte Matsui Schrader The SPEAKER pro tempore. The Michaud Gordon (TN) McCarthy (CA) Schwartz question is on the motion offered by Hensarling Smith (TX) Graves (GA) McCaul Herger Miller (FL) Smith (WA) Scott (GA) the gentleman from Arizona (Mr. Graves (MO) McClintock Scott (VA) Higgins Miller (MI) Snyder Grayson McCollum Sensenbrenner GRIJALVA) that the House suspend the Hill Miller (NC) Speier Green, Al McCotter Serrano rules and agree to the resolution. Himes Miller, Gary Spratt Green, Gene McDermott Sessions This is a 5-minute vote. Hinchey Miller, George Stark Grijalva McGovern Minnick Sestak The vote was taken by electronic de- Hinojosa Stupak Guthrie McHenry Shea-Porter Hirono Mitchell Stutzman Gutierrez McIntyre Sherman vice, and there were—yeas 390, nays 8, Hodes Mollohan Sullivan Hall (NY) McKeon Shimkus answered ‘‘present’’ 4, not voting 31, as Hoekstra Moore (KS) Sutton Hall (TX) McMahon Shuler Holden Moore (WI) Tanner Halvorson McNerney follows: Shuster Holt Moran (KS) Taylor Hare Meeks (NY) Simpson [Roll No. 632] Honda Moran (VA) Teague Harman Melancon Sires Hoyer Murphy (CT) Harper Mica YEAS—390 Terry Skelton Hunter Murphy (NY) Hastings (FL) Michaud Ackerman Boucher Cole Thompson (CA) Slaughter Murphy, Patrick Hastings (WA) Miller (FL) Aderholt Boustany Conaway Inglis Thompson (MS) Smith (NE) Heinrich Miller (MI) Adler (NJ) Boyd Connolly (VA) Inslee Murphy, Tim Thompson (PA) Smith (NJ) Heller Miller (NC) Akin Brady (PA) Conyers Israel Myrick Thornberry Smith (TX) Hensarling Miller, Gary Alexander Brady (TX) Cooper Issa Nadler (NY) Tiahrt Smith (WA) Herger Miller, George Altmire Braley (IA) Costa Jackson (IL) Napolitano Tiberi Snyder Higgins Minnick Andrews Bright Costello Jackson Lee Neal (MA) Tierney Speier Hill Mitchell Arcuri Brown (SC) Courtney (TX) Neugebauer Titus Spratt Himes Mollohan Austria Brown, Corrine Crenshaw Jenkins Nunes Tonko Stark Hinchey Moore (KS) Baca Buchanan Critz Johnson (GA) Nye Towns Hinojosa Moore (WI) Stearns Bachmann Burgess Crowley Johnson (IL) Oberstar Stupak Tsongas Hirono Moran (KS) Bachus Burton (IN) Cuellar Johnson, E. B. Obey Turner Hodes Moran (VA) Stutzman Baird Butterfield Culberson Johnson, Sam Olson Sullivan Upton Hoekstra Murphy (CT) Baldwin Buyer Cummings Jones Olver Van Hollen Holden Murphy (NY) Sutton Barrett (SC) Calvert Dahlkemper Jordan (OH) Ortiz Tanner Vela´ zquez Holt Murphy, Patrick Barrow Camp Davis (CA) Kagen Pallone Taylor Visclosky Honda Murphy, Tim Bartlett Cantor Davis (KY) Kanjorski Pascrell Teague Walden Hoyer Myrick Barton (TX) Cao Davis (TN) Kaptur Pastor (AZ) Terry Walz Hunter Nadler (NY) Bean Capito DeFazio Kennedy Paulsen Thompson (CA) Wasserman Inglis Napolitano Becerra Capps DeGette Kildee Payne Thompson (MS) Schultz Inslee Neal (MA) Berkley Capuano Delahunt Kilpatrick (MI) Pence Thompson (PA) Waters Israel Neugebauer Berman Carnahan DeLauro Kilroy Perlmutter Issa Nunes Thornberry Biggert Carney Dent Watson Kind Perriello Jackson (IL) Nye Tiahrt Bilbray Carson (IN) Diaz-Balart, L. Watt King (IA) Peters Jackson Lee Oberstar Tiberi Bilirakis Carter Diaz-Balart, M. Waxman King (NY) Peterson (TX) Obey Tierney Bishop (GA) Castle Dicks Weiner Kingston Petri Jenkins Olson Titus Bishop (NY) Castor (FL) Dingell Welch Kirkpatrick (AZ) Pingree (ME) Johnson (GA) Olver Tonko Bishop (UT) Chandler Djou Westmoreland Kissell Pitts Johnson (IL) Ortiz Towns Blackburn Childers Doggett Whitfield Kline (MN) Platts Johnson, E. B. Pallone Tsongas Blumenauer Chu Donnelly (IN) Wilson (OH) Kosmas Polis (CO) Johnson, Sam Pascrell Turner Blunt Clarke Doyle Wilson (SC) Upton Kratovil Posey Jones Pastor (AZ) Boccieri Clay Dreier Wittman Jordan (OH) Paul Van Hollen Kucinich Price (NC) Boehner Cleaver Driehaus Wolf Kagen Paulsen Vela´ zquez Bono Mack Clyburn Duncan Lamborn Quigley Wu Kanjorski Payne Visclosky Boozman Coble Edwards (MD) Lance Rahall Yarmuth Kaptur Pence Walden Boren Coffman (CO) Edwards (TX) Langevin Rangel Kennedy Perlmutter Walz Boswell Cohen Ehlers Larsen (WA) Reed

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.015 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8382 CONGRESSIONAL RECORD — HOUSE December 15, 2010 NAYS—8 Carter Higgins Mitchell Speier Thornberry Wasserman Cassidy Hill Mollohan Spratt Tiahrt Schultz Broun (GA) Paul Stearns Castle Himes Moore (KS) Stark Tiberi Watson Campbell Rooney Young (AK) Castor (FL) Hinchey Moore (WI) Stearns Tierney Watt Chaffetz Sensenbrenner Chaffetz Hinojosa Moran (KS) Stupak Titus Waxman ANSWERED ‘‘PRESENT’’—4 Chandler Hirono Moran (VA) Stutzman Tonko Weiner Childers Hodes Murphy (CT) Sullivan Towns Welch Cassidy Poe (TX) Chu Hoekstra Murphy (NY) Sutton Tsongas Westmoreland Foxx Roe (TN) Clarke Holden Murphy, Patrick Tanner Turner Whitfield NOT VOTING—31 Clay Holt Murphy, Tim Taylor Upton Wilson (OH) Cleaver Honda Myrick Teague Van Hollen Wilson (SC) Berry Gutierrez Price (GA) Clyburn Hoyer Nadler (NY) Terry Vela´ zquez Wittman Bonner Herseth Sandlin Putnam Coble Hunter Napolitano Thompson (CA) Visclosky Wolf Brown-Waite, Klein (FL) Radanovich Coffman (CO) Inglis Neal (MA) Thompson (MS) Walden Wu Ginny Marchant Rodriguez Cohen Inslee Neugebauer Thompson (PA) Walz Yarmuth Cardoza Markey (CO) Salazar Cole Israel Nunes NOES—1 Davis (AL) McCarthy (NY) Shadegg Conaway Issa Nye Davis (IL) McMorris Sherman Connolly (VA) Jackson (IL) Oberstar Young (AK) Deutch Rodgers Space Conyers Jackson Lee Obey Fallin Melancon Wamp Cooper (TX) Olson NOT VOTING—31 Granger Owens Woolsey Costa Jenkins Olver Berry Green, Al Owens Griffith Pomeroy Young (FL) Costello Johnson (GA) Ortiz Bonner Griffith Pomeroy Courtney Johnson (IL) Pallone Brown-Waite, Herseth Sandlin Putnam b 1322 Crenshaw Johnson, E. B. Pascrell Ginny Klein (FL) Radanovich So (two-thirds being in the affirma- Critz Johnson, Sam Pastor (AZ) Cardoza Lee (NY) Salazar Crowley Jones Paul Davis (AL) Marchant Shadegg tive) the rules were suspended and the Cuellar Jordan (OH) Paulsen Davis (IL) Markey (CO) Space resolution was agreed to. Culberson Kagen Payne Deutch McCarthy (NY) Wamp The result of the vote was announced Cummings Kanjorski Pence Ellison McMorris Waters as above recorded. Dahlkemper Kaptur Perlmutter Fallin Rodgers Woolsey Davis (CA) Kennedy Perriello Granger Melancon Young (FL) A motion to reconsider was laid on Davis (KY) Kildee Peters ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the table. Davis (TN) Kilpatrick (MI) Peterson DeFazio Kilroy Petri The SPEAKER pro tempore (during f DeGette Kind Pingree (ME) the vote). Members are advised that Delahunt King (IA) Pitts there are 2 minutes remaining in this 45TH ANNIVERSARY OF THE DeLauro King (NY) Platts WHITE HOUSE FELLOWS PROGRAM Dent Kingston Poe (TX) vote. Diaz-Balart, L. Kirkpatrick (AZ) Polis (CO) The SPEAKER pro tempore (Mr. Diaz-Balart, M. Kissell Posey b 1331 ENGEL). The unfinished business is the Dicks Kline (MN) Price (GA) So (two-thirds being in the affirma- question on suspending the rules and Dingell Kosmas Price (NC) Djou Kratovil Quigley tive) the rules were suspended and the concurring in the concurrent resolu- Doggett Kucinich Rahall concurrent resolution was concurred tion (S. Con. Res. 72) recognizing the Donnelly (IN) Lamborn Rangel in. Doyle Lance Reed 45th anniversary of the White House The result of the vote was announced Fellows Program. Dreier Langevin Rehberg Driehaus Larsen (WA) Reichert as above recorded. The Clerk read the title of the con- Duncan Larson (CT) Reyes A motion to reconsider was laid on current resolution. Edwards (MD) Latham Richardson the table. The SPEAKER pro tempore. The Edwards (TX) LaTourette Rodriguez Ehlers Latta Roe (TN) f question is on the motion offered by Ellsworth Lee (CA) Rogers (AL) the gentlewoman from California (Ms. Emerson Levin Rogers (KY) PRIVATE ISAAC T. CORTES POST CHU) that the House suspend the rules Engel Lewis (CA) Rogers (MI) OFFICE and concur in the concurrent resolu- Eshoo Lewis (GA) Rohrabacher Etheridge Linder Rooney tion. Farr Lipinski Ros-Lehtinen The SPEAKER pro tempore. The un- The question was taken. Fattah LoBiondo Roskam finished business is the question on The SPEAKER pro tempore. In the Filner Loebsack Ross suspending the rules and passing the Flake Lofgren, Zoe Rothman (NJ) bill (H.R. 6205) to designate the facility opinion of the Chair, two-thirds being Fleming Lowey Roybal-Allard in the affirmative, the ayes have it. Forbes Lucas Royce of the United States Postal Service lo- RECORDED VOTE Fortenberry Luetkemeyer Ruppersberger cated at 1449 West Avenue in Bronx, Foster Luja´ n Rush New York, as the ‘‘Private Isaac T. Ms. ROYBAL-ALLARD. Mr. Speaker, Foxx Lummis Ryan (OH) I demand a recorded vote. Frank (MA) Lungren, Daniel Ryan (WI) Cortes Post Office’’. A recorded vote was ordered. Franks (AZ) E. Sa´ nchez, Linda The Clerk read the title of the bill. The SPEAKER pro tempore. This is a Frelinghuysen Lynch T. The SPEAKER pro tempore. The Fudge Mack Sanchez, Loretta question is on the motion offered by 5-minute vote. Gallegly Maffei Sarbanes The vote was taken by electronic de- Garamendi Maloney Scalise the gentlewoman from California (Ms. vice, and there were—ayes 401, noes 1, Garrett (NJ) Manzullo Schakowsky CHU) that the House suspend the rules Gerlach Markey (MA) Schauer not voting 31, as follows: and pass the bill. Giffords Marshall Schiff The question was taken. [Roll No. 633] Gingrey (GA) Matheson Schmidt Gohmert Matsui Schock The SPEAKER pro tempore. In the AYES—401 Gonzalez McCarthy (CA) Schrader opinion of the Chair, two-thirds being Ackerman Berman Braley (IA) Goodlatte McCaul Schwartz in the affirmative, the ayes have it. Aderholt Biggert Bright Gordon (TN) McClintock Scott (GA) Adler (NJ) Bilbray Broun (GA) Graves (GA) McCollum Scott (VA) Mr. CROWLEY. Mr. Speaker, on that Akin Bilirakis Brown (SC) Graves (MO) McCotter Sensenbrenner I demand the yeas and nays. Alexander Bishop (GA) Brown, Corrine Grayson McDermott Serrano The yeas and nays were ordered. Altmire Bishop (NY) Buchanan Green, Gene McGovern Sessions Andrews Bishop (UT) Burgess Grijalva McHenry Sestak The SPEAKER pro tempore. This Arcuri Blackburn Burton (IN) Guthrie McIntyre Shea-Porter will be a 5-minute vote. Austria Blumenauer Butterfield Gutierrez McKeon Sherman The vote was taken by electronic de- Baca Blunt Buyer Hall (NY) McMahon Shimkus vice, and there were—yeas 399, nays 0, Bachmann Boccieri Calvert Hall (TX) McNerney Shuler Bachus Boehner Camp Halvorson Meek (FL) Shuster not voting 34, as follows: Baird Bono Mack Campbell Hare Meeks (NY) Simpson [Roll No. 634] Baldwin Boozman Cantor Harman Mica Sires Barrett (SC) Boren Cao Harper Michaud Skelton YEAS—399 Barrow Boswell Capito Hastings (FL) Miller (FL) Slaughter Aderholt Arcuri Baldwin Bartlett Boucher Capps Hastings (WA) Miller (MI) Smith (NE) Adler (NJ) Austria Barrett (SC) Barton (TX) Boustany Capuano Heinrich Miller (NC) Smith (NJ) Akin Baca Barrow Bean Boyd Carnahan Heller Miller, Gary Smith (TX) Alexander Bachmann Bartlett Becerra Brady (PA) Carney Hensarling Miller, George Smith (WA) Altmire Bachus Barton (TX) Berkley Brady (TX) Carson (IN) Herger Minnick Snyder Andrews Baird Bean

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.017 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8383 Becerra Engel Lewis (CA) Rooney Shuler Titus consider in the House, without intervention Berkley Eshoo Linder Ros-Lehtinen Shuster Tonko of any point of order except those arising Berman Etheridge Lipinski Roskam Simpson Towns under clause 10 of rule XXI, a motion offered Ross Sires Biggert Farr LoBiondo Tsongas by the Majority Leader or his designee that Bilbray Fattah Loebsack Rothman (NJ) Skelton Turner the House concur in the Senate amendment Bilirakis Filner Lofgren, Zoe Roybal-Allard Slaughter Upton with the amendment printed in the report of Bishop (GA) Flake Lowey Royce Smith (NE) Van Hollen Bishop (NY) Fleming Lucas Ruppersberger Smith (NJ) Vela´ zquez the Committee on Rules accompanying this Rush Smith (TX) Bishop (UT) Forbes Luetkemeyer Visclosky resolution. The Senate amendment and the ´ Ryan (OH) Smith (WA) Blackburn Fortenberry Lujan Walden motion shall be considered as read. The mo- Blumenauer Foster Lummis Ryan (WI) Snyder Walz tion shall be debatable for one hour equally Blunt Foxx Lungren, Daniel Sa´ nchez, Linda Speier Wasserman divided and controlled by the Majority Lead- Boccieri Frank (MA) E. T. Spratt Schultz er and Minority Leader or their respective Boehner Franks (AZ) Lynch Sanchez, Loretta Stark Waters Bono Mack Frelinghuysen Mack Sarbanes Stearns designees. The previous question shall be Boozman Fudge Maffei Scalise Stupak Watson considered as ordered on the motion to final Boren Gallegly Maloney Schauer Stutzman Watt adoption without intervening motion. Schiff Sullivan Waxman Boswell Garamendi Manzullo The SPEAKER pro tempore (Ms. Boucher Garrett (NJ) Markey (MA) Schmidt Sutton Weiner Boustany Gerlach Marshall Schock Tanner Welch RICHARDSON). The gentlewoman from Boyd Giffords Matheson Schrader Taylor Westmoreland Maine is recognized for 1 hour. Brady (PA) Gingrey (GA) Matsui Schwartz Teague Whitfield Ms. PINGREE of Maine. Madam Scott (GA) Terry Brady (TX) Gohmert McCarthy (CA) Wilson (OH) Speaker, for the purposes of debate Braley (IA) Gonzalez McCaul Sensenbrenner Thompson (CA) Wilson (SC) Bright Goodlatte McClintock Serrano Thompson (MS) Wittman only, I yield the customary 30 minutes Broun (GA) Gordon (TN) McCollum Sessions Thompson (PA) Wolf to the gentleman from Florida (Mr. Sestak Brown (SC) Graves (GA) McCotter Thornberry Wu Shea-Porter Tiahrt LINCOLN DIAZ-BALART). All time yield- Brown, Corrine Graves (MO) McDermott Yarmuth Sherman Tiberi ed during consideration of the rule is Buchanan Grayson McGovern Young (AK) Burgess Green, Al McHenry Shimkus Tierney for debate only. Burton (IN) Green, Gene McIntyre NOT VOTING—34 GENERAL LEAVE Butterfield Grijalva McKeon Buyer Guthrie McMahon Ackerman Halvorson Paul Ms. PINGREE of Maine. Madam Calvert Gutierrez McNerney Berry Herseth Sandlin Pomeroy Speaker, I ask unanimous consent that Camp Hall (NY) Meek (FL) Bonner Klein (FL) Putnam all Members have 5 legislative days Brown-Waite, Lee (NY) Radanovich Campbell Hall (TX) Meeks (NY) within which to revise and extend their Cantor Hare Mica Ginny Lewis (GA) Salazar Cao Harman Michaud Cardoza Marchant Schakowsky remarks and insert extraneous mate- Capito Harper Miller (FL) Davis (AL) Markey (CO) Scott (VA) rial into the RECORD. Capps Hastings (FL) Miller (MI) Davis (IL) McCarthy (NY) Shadegg The SPEAKER pro tempore. Is there Capuano Hastings (WA) Miller (NC) Deutch McMorris Space Fallin Rodgers Wamp objection to the request of the gentle- Carnahan Heinrich Miller, Gary Granger Melancon Woolsey Carney Heller Miller, George woman from Maine? Griffith Owens Young (FL) Carson (IN) Hensarling Minnick There was no objection. Carter Herger Mitchell b 1340 Ms. PINGREE of Maine. I yield my- Cassidy Higgins Mollohan self such time as I may consume. Castle Hill Moore (KS) So (two-thirds being in the affirma- Madam Speaker, House Resolution Castor (FL) Himes Moore (WI) tive) the rules were suspended and the Moran (KS) 1764 provides for the consideration of Chaffetz Hinchey bill was passed. Chandler Hinojosa Moran (VA) the Senate amendment to H.R. 2965. The result of the vote was announced Childers Hirono Murphy (CT) The rule makes in order a motion of- Chu Hodes Murphy (NY) as above recorded. fered by the majority leader or his des- Clarke Hoekstra Murphy, Patrick A motion to reconsider was laid on Clay Holden Murphy, Tim ignee that the House concur in the the table. Cleaver Holt Myrick Senate amendment to H.R. 2965 with Clyburn Honda Nadler (NY) f Coble Hoyer Napolitano the amendment printed in the report of Coffman (CO) Hunter Neal (MA) PROVIDING FOR CONSIDERATION the Committee on Rules accompanying Cohen Inglis Neugebauer OF SENATE AMENDMENT TO H.R. the resolution. Cole Inslee Nunes The rule provides 1 hour of debate on Conaway Israel Nye 2965, DON’T ASK, DON’T TELL RE- Connolly (VA) Issa Oberstar PEAL ACT OF 2010 the motion, equally divided and con- Conyers Jackson (IL) Obey trolled by the majority leader and the Ms. PINGREE of Maine, from the Cooper Jackson Lee Olson minority leader or their designees. The Costa (TX) Olver Committee on Rules, submitted a priv- rule waives all points of order against Costello Jenkins Ortiz ileged report (Rept. No. 111–681) on the any consideration of the motion except Courtney Johnson (GA) Pallone resolution (H. Res. 1764) providing for Crenshaw Johnson (IL) Pascrell those arising under clause 10 of rule consideration of the Senate amend- Critz Johnson, E. B. Pastor (AZ) XXI. The rule provides that the Senate Crowley Johnson, Sam Paulsen ment to the bill (H.R. 2965) to amend amendment and the motion shall be Cuellar Jones Payne the Small Business Act with respect to Culberson Jordan (OH) Pence considered as read. the Small Business Innovation Re- Cummings Kagen Perlmutter Madam Speaker, the time has come Dahlkemper Kanjorski Perriello search Program and the Small Busi- to repeal Don’t Ask, Don’t Tell. We Davis (CA) Kaptur Peters ness Technology Transfer Program, have all heard the arguments, the stud- Davis (KY) Kennedy Peterson and for other purposes, which was re- Davis (TN) Kildee Petri ies have been done, the hearings have ferred to the House Calendar and or- DeFazio Kilpatrick (MI) Pingree (ME) been held. The men and women of the DeGette Kilroy Pitts dered to be printed. armed services have spoken and their Delahunt Kind Platts Ms. PINGREE of Maine. Madam DeLauro King (IA) Poe (TX) leaders have weighed in. There are no Speaker, by direction of the Com- Dent King (NY) Polis (CO) more excuses not to repeal this mis- Diaz-Balart, L. Kingston Posey mittee on Rules, I call up House Reso- guided and harmful policy. There is no Diaz-Balart, M. Kirkpatrick (AZ) Price (GA) lution 1764 and ask for its immediate more reason to delay this any longer. Dicks Kissell Price (NC) consideration. Dingell Kline (MN) Quigley Madam Speaker, for gay military The Clerk read the resolution, as fol- Djou Kosmas Rahall personnel, how much longer do we ask Doggett Kratovil Rangel lows: Donnelly (IN) Kucinich Reed them to serve in silence? How many Doyle Lamborn Rehberg H. RES. 1764 more hearings and how much more tes- Dreier Lance Reichert Resolved, That upon adoption of this reso- timony are we going to ask for before Driehaus Langevin Reyes lution it shall be in order to take from the Duncan Larsen (WA) Richardson we finally hear what the men and Speaker’s table the bill (H.R. 2965) to amend women of the armed services have just Edwards (MD) Larson (CT) Rodriguez the Small Business Act with respect to the Edwards (TX) Latham Roe (TN) Small Business Innovation Research Pro- said: Just because someone is gay Ehlers LaTourette Rogers (AL) doesn’t make them any less of a sol- Ellison Latta Rogers (KY) gram and the Small Business Technology Ellsworth Lee (CA) Rogers (MI) Transfer Program, and for other purposes, dier, an airman, or a marine. How Emerson Levin Rohrabacher with the Senate amendment thereto, and to many more times can we just turn our

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.020 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8384 CONGRESSIONAL RECORD — HOUSE December 15, 2010 heads and pretend we don’t see the don’t need your services anymore. And ly. The Defense Department, at the damage this policy has done to our the last thing we should be doing is urging of Congress, spent 10 months military’s readiness? And how many saying that no matter how brave you collecting and analyzing survey re- more competent, talented, and patri- are, no matter how dedicated you are, sponses from the men and women in otic men and women will be kicked out no matter how patriotic you are, if you our Armed Forces. I believe that anal- of the service before this misguided are gay, we don’t want you to wear the ysis, nearly 15,000 pages in length, in- and harmful policy is forever banned? uniform of the United States. cluding the direct comments of our The results of the comprehensive Don’t Ask, Don’t Tell threatens our troops, should be the most important study of the attitudes of military per- national security. It wastes precious factor in considering this legislation, sonnel are clear and unequivocal. It is resources, and it goes against the val- in considering how we vote on this leg- right here. ues that our military embodies: integ- islation. When they were asked about the ac- rity, honesty, and loyalty. The Department of Defense released tual experience of serving in a unit I reserve the balance of my time. the results of their survey on Novem- with a coworker who they believed was Mr. LINCOLN DIAZ-BALART of ber 30, just over 2 weeks ago. Now the gay or lesbian, 92 percent of the mili- Florida. Madam Speaker, I thank my majority is asking Congress to move tary personnel stated that the unit’s good friend, Ms. PINGREE from Maine, forward in a manner that denies the ability to work together was ‘‘very for the time and I yield myself such committees of jurisdiction any review, good,’’ ‘‘good,’’ or ‘‘neither good nor time as I may consume. that denies input from the membership poor.’’ Madam Speaker, we find ourselves of this House, that takes the product of When they were asked about having a back on the House floor with yet an- the Speaker and the author of the leg- servicemember in their immediate unit other closed rule. In fact, we haven’t islation and forces the House to vote who said he or she was gay and how seen a single open rule during this en- on it without any ability to offer alter- that would affect the unit’s ability to tire 111th Congress. I never thought natives, not even a motion to recom- work together to get the job done, 70 that I would see that, Madam Speaker, mit. percent of servicemembers predicted it an entire Congress pass without a sin- I think we do a disservice to this would have a positive, mixed, or abso- gle open rule. body when we do not debate and delib- lutely no effect. Just 3 hours ago, the Rules Com- erate with transparency. That lack of And it is not just the men and women mittee was meeting on the underlying transparency has been standard proce- who make up our Armed Forces who legislation before us today. This is the dure for the past 4 years. Obviously, we are urging Congress to repeal Don’t fifth rule since the election that will should not expect this congressional Ask, Don’t Tell; our Nation’s military deny the minority the basic right even majority to change in its final weeks, leaders also believe it needs to come to to a motion to recommit; in other but that will change in the next Con- an end. words, one alternative piece of legisla- gress. Admiral Mike Mullen, the Chairman tion which, when we were in the major- I reserve the balance of my time. of the Joint Chiefs of Staff, said, ‘‘I ity, we wrote into the rules that the Ms. PINGREE of Maine. Madam would not recommend repeal of this minority would have that right. And Speaker, I yield 3 minutes to the gen- law if I did not believe in my soul that since the election last month, this ma- tleman from Colorado (Mr. POLIS), a it was the right thing to do for our jority has brought five, with this piece member of the Rules Committee. military, for our Nation, and for our of legislation, five bills to the floor Mr. POLIS. Madam Speaker, I thank collective honor.’’ with a rule denying even that right to the gentlelady from Maine, and I rise General George Casey, the Chief of the minority—a motion to recommit. today in support of the repeal of the Staff of the Army, agreed. He said re- The underlying legislation repealing Don’t Ask, Don’t Tell policy. This reso- peal would not keep us from ‘‘accom- the so-called Don’t Ask, Don’t Tell pol- lution would ensure that the military plishing our worldwide missions, in- icy is important and should be consid- has the ability to implement the rec- cluding combat operations.’’ ered carefully and thoroughly by all ommendation from its recently com- And Admiral Gary Roughead, Chief Members of this House. As a matter of pleted study. of Naval Operations, said it simply: Re- fact, Madam Speaker, when I spoke on Don’t Ask, Don’t Tell is the only law peal ‘‘will not fundamentally change this issue on this House floor in May of in the country that requires people to who we are and what we do.’’ this year, I said and I reiterate what I be dishonest or be fired if they choose Madam Speaker, it wasn’t that long said at that time: Sexual preference to be honest. It is a law that not only ago that women were not allowed to should not even be a point of reference is hurtful to the men and women who serve in combat. When we debated end- when judging individuals. put themselves at risk serving in our ing that ban, the critics predicted that This is an important issue. Unfortu- Armed Forces, but it is a law that is if women were allowed in combat, that nately, the congressional majority has hurtful to our national security. discipline would dissolve and unit co- not even held a hearing in the Armed A recent study found that 8 out of 10 hesion would crumble. Services Committee since the Pen- Americans support repealing the law. tagon released their findings of this re- Regardless of their political party, peo- b 1350 cent survey. Members of the House on ple recognize that on the battlefield, it The arguments against allowing both sides of the aisle support our men doesn’t matter if a soldier is gay or women to serve in combat were exactly and women in uniform. Ensuring the straight. What matters is they get the the same thing they are saying today best equipment, improving quality of job done and protect our country. about allowing openly gay men and life for soldiers and their families, and Now, it is important to remember women to serve. But after two wars doing everything we can to increase that we already debated and voted on where women have served ably and pay are issues of the utmost impor- this issue early this summer. We bravely alongside their male counter- tance. passed an amendment with the same parts, none of the grim predictions For 48 consecutive years, Congress repeal language for the defense author- came true. Discipline has not suffered has provided the necessary oversight ization bill. At that time, there were and our military remains the most by passing the Defense authorization some Members on both sides of the powerful and effective in the world. bill always in a bipartisan manner. aisle who weren’t yet ready to support But those two wars have taken their This record of effective congressional this repeal. They wanted to see an ex- toll on recruitment and retention. Our review is in jeopardy as we proceed tensive report by the military that was military is stretched thin, and the last along with what could be the final scheduled to come out December 1. It thing we should be doing is kicking out week of this Congress. I think the ma- came out one day earlier. skilled men and women who volun- jority continues to give insufficient se- I personally didn’t feel we needed to teered to fight for our country. The riousness to even important issues see that report. I was already con- last thing we should be doing is telling such as this by closing the process. vinced this would not be a threat to troops that we have spent hundreds of The repeal of Don’t Ask, Don’t Tell is military readiness and would, in fact, thousands of dollars to train that we not a policy decision to be taken light- enhance military readiness due in part

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.062 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8385 to the fact that we have discharged Forces personnel regarding the repeal members out of the military at a time over 13,000 people from our military— of Don’t Ask, Don’t Tell, that 9-month when we need them for multiple de- after taxpayer money went for their survey that my friend from Florida ployments to fight two wars. The Pen- training—for reasons totally unrelated just mentioned. But let me point to a tagon’s study of Don’t Ask, Don’t Tell to their performance, not to mention specific statistic from that survey as confirms that lifting the ban on gay countless others who didn’t reenlist or well. Question No. 71, posed to active and lesbian soldiers serving openly in left the military because of this policy. servicemembers with combat deploy- our Armed Forces would not adversely But I do understand that many Mem- ment experience since September 11, affect our military’s readiness or strain bers of this body from both sides of the 2001, asks how unit effectiveness would unit cohesion. This report comes aisle, including the chairman of the be different if Don’t Ask, Don’t Tell months after nearly a year of careful committee of jurisdiction, wanted to was repealed. An overwhelming number study, which included thousands of see that report in December. Well, the of those surveyed for this question an- conversations with enlisted personnel, report has come out, and it is very swered that unit effectiveness for those officers, and military commanders. The clear with regard to the fact that—no stationed in a field environment or out results of this study showed that there surprise to me, but hopefully of con- at sea would be ‘‘negatively’’ or ‘‘very is no longer any remaining justifica- solation to those who were concerned— negatively’’ harmed by repeal. tion to continue a policy that prevents this change in policy does not rep- Madam Speaker, this survey, which some of the best and brightest from resent a threat to the security of this does not present any benefits of appeal honorably serving in our Armed country. And, in fact, there were sev- and it solely focuses on the mitigation Forces. eral practical suggestions about how to of consequences, has not presented a All our servicemen and -women are implement this change. clear path forward to the question of first and foremost Americans, pro- In addition, the Chairman of the repealing this ban. The Marine Corps tecting freedom throughout the world. Joint Chiefs and the Secretary of De- Commandant, General James Amos, We cannot with any true moral stand- fense have been very clear that they stated that repealing the 17-year-old ing discriminate against distinguished want to see this policy legislatively re- ban could endanger troops and cost and courageous members of our own pealed. Why? Because repeal of this lives. Air Force Chief of Staff General military for the simple act of living an policy is inevitable. It is a question of Norton Schwartz echoed concerns authentic life. when, not if. There are already several about overturning the ban in the midst I urge my colleagues to vote ‘‘yes’’ court orders in various stages of ap- of the global war on terror. on the rule and the underlying legisla- peal, and the military feels that to Here is a quote from General George tion. plan for it with us in this legislative Casey, the Army’s Chief of Staff: I be- Mr. LINCOLN DIAZ-BALART of process is better for military readiness lieve that the implementation of repeal Florida. Madam Speaker, I reserve the than running the greater risk of having in the near term will, number one, add balance of my time. an instant court order, an on-or-off- another level of stress to an already Ms. PINGREE of Maine. Madam again court order, which is also a possi- stretched force; number two, be more Speaker, I yield 2 minutes to the gen- bility, which would prevent the regular difficult in our combat arms units; and tlewoman from California (Ms. HAR- military planning process from going three, be more difficult for the Army MAN). forward. The sooner we act, the better. than the report suggests. Ms. HARMAN. Madam Speaker, as a Despite our differences, it is clear that Because military leaders must fulfill rookie Member of Congress in 1993, I leaving it up to the courts is the wrong their constitutional mission of defend- sat in the most junior chair on the way to go about it. ing America, their views on how to Armed Services Committee, just a few In 1993, the passage of Don’t Ask, achieve optimal readiness should be re- feet from the witness table. Then- Don’t Tell was the result of a political spected. Chairman of the Joint Chiefs of Staff process, not a military one. Today, we Madam Speaker, none—not one—of Colin Powell testified in favor of the can rectify that, remove the statutory our service branch chiefs have outright Clinton administration’s Don’t Ask, requirement and allow the military to endorsed repealing Don’t Ask, Don’t Don’t Tell policy. I drew a deep breath do the right thing to improve military Tell. Similar apprehensions have been and told the general that I thought readiness and enhance the protection noted by the American Legion; over Don’t Ask, Don’t Tell was unconstitu- of our country. 1,500 retired flag and general officers, tional. I opposed it then, and I oppose and countless others. Clearly, the it now. b 1400 Democrats believe they know better. No good has ever come of Don’t Ask, Let us be on the right side of history Madam Speaker, I do not believe that Don’t Tell, but a lot of bad has. I ap- and finally move forward with repeal- now, in the midst of the war on terror, plaud the personal courage of current ing Don’t Ask, Don’t Tell today. is the time to rewrite tested military Joint Chiefs of Staff Chairman Admiral Mr. LINCOLN DIAZ-BALART of policies. Indeed, the Armed Forces is a Mike Mullen, who told Congress: ‘‘It is Florida. Madam Speaker, I yield 4 min- special institution that must be free to my personal belief that allowing gays utes to my friend from Georgia, Dr. hold itself to stricter rules than those and lesbians to serve openly would be GINGREY. observed by the rest of our society. the right thing to do. No matter how I Mr. GINGREY of Georgia. Madam And for these reasons, Madam Speaker, look at the issue, I cannot escape being Speaker, I thank the gentleman for I urge all of my colleagues, oppose this troubled by the fact that we have in yielding, and I rise in strong opposition rule and oppose the underlying bill. place a policy which forces young men to the rule providing for the repeal of Ms. PINGREE of Maine. Madam and women to lie about who they are in Don’t Ask, Don’t Tell. While the ma- Speaker, I yield 2 minutes to the gen- order to defend their fellow citizens.’’ jority in the Senate has been unsuc- tlewoman from Massachusetts (Ms. He’s right, and I have no doubt that cessful in repealing Don’t Ask, Don’t TSONGAS). America’s Armed Forces will success- Tell through the National Defense Au- Ms. TSONGAS. Madam Speaker, I fully transition to a post-DADT world. thorization Act, my colleagues on the rise today in support of the rule to con- We are hearing the alarms sounded Democratic side of the aisle seem ada- sider legislation to repeal Don’t Ask, again about morality and morale, unit mant to move forward on this issue by Don’t Tell. Don’t Ask, Don’t Tell re- cohesion, and readiness. Similar argu- bringing it to the floor again today yet mains the only Federal statute man- ments were made when women and Af- as a standalone bill. What we should be dating a person be fired based on their rican Americans were allowed to serve doing, Madam Speaker, is prioritizing sexual orientation. Since this policy alongside our white male counterparts. the need of our troops over the major- became law, thousands of dedicated, But be it race, gender, or now sexual ity’s social agenda and considering the honorable Americans have suffered dis- orientation, our military services have National Defense Authorization Act crimination while thousands more have demonstrated the commitment and free of the Don’t Ask, Don’t Tell lan- been discouraged from even consid- ability to integrate and embrace diver- guage. ering the military. sity. I know that advocates for this repeal Don’t Ask, Don’t Tell removes highly As a female officer in the 10th Moun- will point to the survey of U.S. Armed skilled, trained, and capable service- tain Division blogged recently, ‘‘when

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.064 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8386 CONGRESSIONAL RECORD — HOUSE December 15, 2010 DADT is overturned, I won’t be jump- Air Force’s discriminatory ban on them, voted against cloture—one, Sen- ing out of my office screaming ‘‘I’m gays, and was discharged in 1975. ator COLLINS, voted for it—who said gay’’ to the world. I’ll just be able to His headstone, in sight of the Capitol they couldn’t vote for it for various breathe easier knowing my job is se- dome, reads: ‘‘When I was in the mili- procedural reasons dealing with the tax cure.’’ With this historic vote we will tary, they gave me a medal for killing agreement and the funding of the gov- allow all service women and men who two men and a discharge for loving ernment. Those are on their way to are holding their breath in fear—not of one.’’ being resolved. an enemy but of a law created by Con- As a great man said, when it comes What we do when we pass this bill gress—to breathe easier. to matters of equality, it is always the today is to say to the Senate, Okay, Vote ‘‘aye’’ on the rule and on the right time to do the right thing. Our you can do it one way or the other as Hoyer-Murphy bill. national security and our country’s long as you do both, and we give them Mr. LINCOLN DIAZ-BALART of long-standing history of fairness de- the chance—they already had the tax Florida. Madam Speaker, I continue to pend on it. issue—to have resolved the CR, and we reserve the balance of my time. Today, I urge my colleagues to do the will get a vote on the merits. What this Ms. PINGREE of Maine. Madam right thing and support the rule and does is to strip away any excuse that H.R. 2965 for Technical Sergeant Speaker, I yield 11⁄2 minutes to the gen- any member of the Senate—Democrat tlewoman from Nevada (Ms. BERKLEY). Matlovich and for our country. or Republican—will have for not voting Mr. LINCOLN DIAZ-BALART of Ms. BERKLEY. I thank the gentle- on the merits. We will strip away any Florida. I continue to reserve the bal- woman for yielding. justification for a filibuster. Madam Speaker, I rise today to ance of my time. The gentleman says, Well, we didn’t Ms. PINGREE of Maine. Madam speak in support of the repeal of the go through regular order. We’ve gone Speaker, I am pleased to yield 3 min- Don’t Ask, Don’t Tell policy. Don’t through triple regular order. A vote on utes to the gentleman from Massachu- Ask, Don’t Tell is outdated and it’s un- the House floor is part of the consider- setts (Mr. FRANK). just. No individual, especially those in Mr. FRANK of Massachusetts. I ation of the bill, as is a vote in the our Armed Forces, should be discrimi- thank the gentlewoman. Senate committee and two efforts to nated against based on their sexual ori- When we get to this bill, I will ad- break the filibuster. entation. Our troops fight honorably to dress the substance of the argument So the question is: Do you allow a fil- protect our freedom. The least we can that the presence of someone like me ibuster and some procedural excuses do in return is to fight to protect their will so destabilize our brave young men from Senators who say they’re for this rights as well. My hometown of Las and women that they will be unable to repeal but didn’t get to vote for it? We Vegas includes Nellis Air Force Base, do their duty. I regard that as bigoted are giving them a chance to do that. one of the premier Air Force bases in nonsense, but I will address that more This is something many House Mem- our country. The courageous men and fully then. Now I want to talk about bers have long wanted to do in addition women who serve there deserve to be this bizarre procedural argument that to repealing Don’t Ask, Don’t Tell— treated with equality and dignity and we are somehow not following regular getting the Senate to stand up and respect that they have earned, regard- order. take a straight up-or-down vote. That less of their sexual orientation. This Madam Speaker, this amendment is what we are enabling. unjust and unnecessary practice is also came up in regular order after the com- So I hope that the rule passes and unsound. It makes no sense for our mittee considered the bill and on the that the bill separately passes as well. military to discharge valuable service- floor of the House, and it was adopted Mr. LINCOLN DIAZ-BALART of members, especially during a time of in a full vote on the floor of the House Florida. I yield myself such time as I war, when we need every American who after a lot of debate. The Senate in may consume. is willing and able to serve. committee adopted this amendment. Madam Speaker, with regard to this My colleagues, this is the easy stuff. The notion that the committees of ju- point of process, which I think is im- If a fellow citizen volunteers to don the risdiction have been deprived here is portant, I think it is appropriate to uniform of our Nation, no matter what delusional. point out the facts. their sexual orientation, we shouldn’t What is the procedural situation? The majority is bringing this legisla- be discriminating against them. We In effect, the House, in a full debate tion to the floor by using another bill should be thanking them for their serv- on the floor, adopted this amendment. as a shell. The other bill is the Small ice. Don’t Ask, Don’t Tell does nothing It went to the Senate. In the Senate, Business Innovation Research Reau- to contribute to our national security. the Senate committee, by a majority, thorization bill, which has extraor- It only undermines the strength and voted for this amendment and then dinary bipartisan support. So the rule integrity of our military. I believe this voted the bill out, and it has been before us now strikes that legislation, practice should be repealed imme- stopped twice narrowly by filibusters. which is job growth legislation—again, diately. Its time has come, not only for It has gotten 57 and 58 votes. It has supported overwhelmingly in a bipar- the benefit of our Armed Services, but been openly debated. The notion that tisan fashion in this House. It strikes for the security of our great Nation. somehow we are the ones who are ig- that, and it inserts into that shell this noring procedure when this bill gets a legislation, the repeal of Don’t Ask, 1410 b majority in the House after open de- Don’t Tell. The Don’t Ask, Don’t Tell Mr. LINCOLN DIAZ-BALART of bate on the floor, a majority in the legislation is not germane to the un- Florida. I continue to reserve the bal- Senate committee and is then filibus- derlying legislation, so it is anything ance of my time. tered makes no sense. but regular order. Ms. PINGREE of Maine. Madam Beyond that, we are told, Well, don’t The House Armed Services Com- Speaker, I yield 2 minutes to the gen- hold up the big bill. Well, that’s the mittee has absolutely no jurisdiction tleman from Illinois (Mr. QUIGLEY). point of this. Don’t Ask, Don’t Tell was over that Small Business bill which the Mr. QUIGLEY. Madam Speaker, I originally adopted as part of the mili- majority is using as a shell to move rise today in support of H.R. 2965, a bill tary authorization of 1993. That is the this legislation out of regular order in to repeal Don’t Ask, Don’t Tell. regular order we followed. Some have order to prohibit transparency, even a Just blocks from the Capitol lies now said, Well, the Senate would like motion to recommit. The majority has Congressional Cemetery, the resting to be able to vote on this differently demonstrated time and time again its place of Technical Sergeant Leonard from the main bill. I will say that willingness to eliminate transparency, Matlovich, recipient of the Bronze Star many of us do not think that we should to void regular order and to take steps and the Purple Heart for his distin- adopt anything until we do the whole totally out of regular order as it is guished service in Vietnam. package, but if they want to do these doing again today. As a race relations instructor, he was two bills, that’s fine. Sending this over So I think this is important to put on instrumental in helping the military will facilitate the Senate’s procedures. the record because this legislation, overcome its past legacy of racial dis- Now, there are at least five Repub- which by the way is important, as I crimination, but he fell victim to the lican Senators who previously, most of said before, I think deserves to be

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Something like I wanted to put that on the record. of receiving notice from, that we all 150,000 people participated in this I reserve the balance of my time. are created equal. It is time now to study. Ms. PINGREE of Maine. Madam bust this unholy alliance that suggests Now, as my colleagues know, when Speaker, I yield 1 minute to the gen- that men and women whose lifestyles you’re a Member of Congress or a chal- tleman from Michigan (Mr. PETERS). may be different do not have a heart of lenger running, you’re lucky to have a Mr. PETERS. Madam Speaker, I rise gold and love the red, white, and blue. poll of 400 people to get their opinion. today in strong support of Representa- It is time now for America to be Amer- Maybe sometimes the poll has 1,200 tive MURPHY and Leader HOYER’s Don’t ica. people, and we take that as public Ask, Don’t Tell Repeal Act of 2010. Let us vote for this rule and the un- opinion. But to ask 150,000 people asso- As a former lieutenant commander in derlying bill. Let us vote for freedom, ciated with the military ‘‘So, what do the United States Navy Reserve, I stand for all those who are brave, and you think?’’ is quite a piece of work, served with many brave, patriotic and stand behind the men and women who and I think it was extremely well done. dedicated men and women who were al- fight for us every single day of their And what we were told that day in that briefing was, overwhelmingly, our ways ready to serve their country. I lives. God bless all of them. military said, you know, this is just was never concerned about their sexual Mr. LINCOLN DIAZ-BALART of fine. Many of them said: I already orientation, just their ability to serve Florida. Madam Speaker, in closing, I know. I serve alongside someone who is the United States honorably. thank my friend from Maine for her a gay or lesbian member of the Armed This discriminatory policy has for- courtesy and all who have come to the Forces, and it doesn’t bother us at all. feited over 13,000 able-bodied men and floor to debate this rule, and I reit- It isn’t interfering with unit cohesion women from our military while our Na- erate, I think it’s an important piece of or ability to fight. People said over- tion is engaged in two wars. It has legislation. I’m sorry that it was whelmingly: What is taking so long to wasted over 1 billion taxpayer dollars brought forth in an unnecessarily closed manner. I think the legislation change this particular provision in through investigations, legal pro- deserves more respect, and I think es- law? ceedings, and the wasted training of pecially the membership of this House So I look at this and I say, whether fighter pilots, mechanics, medics, and deserves more respect. it’s the vehicle that we have before us even Arabic translators. Military lead- I have, again, gratitude for all of my today—today, in some of the final days ers have testified before Congress in colleagues, and I thank them for hav- of this particular Congress; today, support of repeal, and Defense Sec- ing participated in this debate. when I think we have to act with ur- retary Gates has said ‘‘this can be done I yield back the balance of my time. gency here in this House, after this and should be done.’’ Ms. PINGREE of Maine. Madam House has already passed this provision We must allow our military to re- Speaker, I thank my colleague from in the Armed Services, in the general cruit and retain any qualified, patri- the other side of the aisle for his authorization bill. We’ve already otic, and courageous American who thoughts on this. He is getting ready to passed this once. We’ve already shown wants to serve our country. This is why retire from Congress. I just want to say that we’re in favor of this here. Now, I urge passage of the rule and of the I’ve enjoyed the opportunity to serve it’s back again as a standalone to make Don’t Ask, Don’t Tell Repeal Act of with you on the Rules Committee and it easier for people to deal with this as 2010. appreciate the thoughts that you bring an individual issue—to go back and Mr. LINCOLN DIAZ-BALART of to the issues that we have to deal with. say, well, it’s all about the process, we Florida. I continue to reserve the bal- With all due respect, I want to dis- haven’t had enough process, I think ance of my time. agree with you on one particular point, shows great disrespect to those mem- Ms. PINGREE of Maine. Madam as I did earlier today in the Rules Com- bers of our Armed Forces and their Speaker, I yield 2 minutes to the gen- mittee, and without questioning any- leaders who have said to us: Change tlewoman from Texas (Ms. JACKSON thing that you had to say today, I will this, move on, get it done so those LEE). just say that my experience on the 13,000-plus soldiers who have already b 1420 issue of Don’t Ask, Don’t Tell, whether been told they can no longer serve in it is in my position as sitting on the the military and we’ve lost the ability Ms. JACKSON LEE of Texas. It is Armed Services Committee or with to use their expertise and their train- moving to hear so many members of some of my colleagues on the Rules ing and their patriotism in this coun- the United States military who have Committee who have questioned this try, to say that there isn’t urgency served to come to the floor and honor particular bill as the vehicle, it is that today and that we should somehow the flag and the Constitution. I am not sometimes I feel like people run out of allow a process argument to slow us that fortunate to have served in the substantive arguments and they go down doesn’t make any sense. military, but I have been fortunate back to process and they say, well, I very proudly come from the State enough to travel amongst them, from there’s something flawed about this of Maine, and something like 17 per- Kosovo to Bosnia to Albania to Iraq process. cent of our 1.3 million residents in and Afghanistan and places within And over the 2 years that I’ve been Maine are either active duty personnel those nations. here, as we’ve been discussing a piece or veterans who have served this coun- If I have observed anything, I’ve ob- of law that no longer works, that try. I go home and hear the people in served men and women who understand shouldn’t be in law, that tells people my district, whether I’m talking to a the Constitution and take great pride who are gay or lesbian that they can no veterans’ group or someone who’s just to be on the front lines to be able to longer serve in the military, for the on their way to serve in Afghanistan or say I live in a country of the land of past 2 years I’ve heard over and over coming back or, sadly, sometimes at a the free and the brave. So I ask today again, well, this is a flawed process. So military funeral, and people do not say for my colleagues to be brave and to be as a member of the Armed Services to me, Prohibit gay and lesbian people free, to unshackle themselves of Committee, even though my good col- from serving in the military. People stereotypes and to repeal the Don’t league Representative DAVIS held sub- say to me in my home district, in a Ask, Don’t Tell and vote for the rule committee hearings on this issue and State that is very dedicated to serving and the underlying bill. Do it in the there has been much discussion of it, the military, they say, When are you name of my constituent, a young man people said, well, we need to have a going to end this process of discrimina- by the name of Seaman Provost, who study. tion? had the unfortunate circumstances, I So we got a study. It’s a big, thick And that is why we are here today. believe, of being considered someone study. It’s a wonderfully well done We are here to move forward on the

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Holden Michaud Schauer Roskam Smith (NE) Upton Let’s remember that this is a threat to Holt Miller (NC) Schiff Ross Smith (NJ) Walden our national security, that it’s dis- Honda Miller, George Schrader Royce Smith (TX) Westmoreland Ryan (WI) Stearns respectful of all of our soldiers, that Hoyer Minnick Schwartz Whitfield Inslee Mitchell Scott (GA) Scalise Stutzman Wilson (SC) Schmidt Sullivan there will be no serious ramifications Israel Mollohan Scott (VA) Wittman Jackson (IL) Moore (KS) Schock Taylor of this, and, in fact, our military is Serrano Wolf Jackson Lee Moore (WI) Sensenbrenner Terry very well prepared and has good plans Sestak Young (AK) (TX) Moran (VA) Sessions Thompson (PA) Shea-Porter to move forward on this transition. Johnson (GA) Murphy (CT) Shimkus Thornberry Young (FL) Let’s remember that this is the patri- Johnson, E. B. Murphy (NY) Sherman Sires NOT VOTING—21 otic vote to cast. This is the vote for Kagen Murphy, Patrick Kanjorski Nadler (NY) Skelton Baird Granger Radanovich national security. This is the vote for Kaptur Napolitano Slaughter Berkley Herseth Sandlin Rush Smith (WA) respecting the investment we have Kennedy Neal (MA) Berry Marchant Shadegg Snyder made in these soldiers. This is a vote Kildee Nye Bonner McCarthy (NY) Space Speier Kilpatrick (MI) Oberstar Buyer McMahon Wamp for increasing recruitment in our mili- Spratt Kilroy Obey Cardoza McMorris Woolsey tary and saying to even more members Kind Olver Stark Conyers Rodgers who currently are unsure, saying to Kirkpatrick (AZ) Ortiz Stupak Davis (IL) Putnam more people who are unsure about Kissell Owens Sutton Klein (FL) Pallone Tanner b 1459 whether or not they should join the Kosmas Pascrell Teague military because they worry that they Kratovil Pastor (AZ) Thompson (CA) Messrs. LOBIONDO, BRADY of Texas, would possibly be out of it, it’s a meas- Kucinich Paul Thompson (MS) LEWIS of California, CULBERSON, Langevin Payne Tierney and BURGESS changed their vote from ure to say we welcome you. Larsen (WA) Perlmutter Titus ‘‘yea’’ to ‘‘nay.’’ Our Armed Services will be only Larson (CT) Perriello Tonko stronger when we repeal Don’t Ask, Lee (CA) Peters Towns Mr. GUTIERREZ and Ms. WATERS Don’t Tell. I encourage my colleagues Levin Pingree (ME) Tsongas changed their vote from ‘‘nay’’ to Lewis (GA) Polis (CO) Van Hollen to vote ‘‘yes’’ on the previous question Loebsack Pomeroy ‘‘yea.’’ Vela´ zquez Lofgren, Zoe Price (NC) So the resolution was agreed to. and on the rule. Visclosky Lowey Quigley I yield back the balance of my time, Walz The result of the vote was announced Luja´ n Rahall as above recorded. and I move the previous question on Lynch Rangel Wasserman the resolution. Maffei Reyes Schultz A motion to reconsider was laid on Waters The previous question was ordered. Maloney Richardson the table. Markey (CO) Rodriguez Watson The SPEAKER pro tempore. The Markey (MA) Rothman (NJ) Watt f question is on the resolution. Matheson Roybal-Allard Waxman Weiner CONGRATULATING CAMERON NEW- The question was taken; and the Matsui Ruppersberger McCollum Ryan (OH) Welch TON ON WINNING THE 2010 Speaker pro tempore announced that McDermott Salazar Wilson (OH) HEISMAN TROPHY the ayes appeared to have it. McGovern Sa´ nchez, Linda Wu Mr. LINCOLN DIAZ-BALART of McNerney T. Yarmuth The SPEAKER pro tempore (Mr. Florida. Madam Speaker, on that I de- CUELLAR). The unfinished business is NAYS—180 mand the yeas and nays. the vote on the motion to suspend the Aderholt Dent LaTourette rules and agree to the resolution (H. The yeas and nays were ordered. Akin Diaz-Balart, L. Latta The SPEAKER pro tempore. Pursu- Alexander Diaz-Balart, M. Lee (NY) Res. 1761) congratulating Auburn Uni- ant to clause 8 of rule XX, this 15- Austria Djou Lewis (CA) versity quarterback and College Park, minute vote on adopting House Resolu- Bachmann Dreier Linder Georgia, native Cameron Newton on Bachus Duncan Lipinski winning the 2010 Heisman Trophy for tion 1764 will be followed by 5-minute Barrett (SC) Ehlers LoBiondo votes on suspending the rules and Bartlett Emerson Lucas being the most outstanding college adopting House Resolution 1761 and Barton (TX) Fallin Luetkemeyer football player in the United States, on Biggert Flake Lummis which the yeas and nays were ordered. House Resolution 1743. Bilbray Fleming Lungren, Daniel The vote was taken by electronic de- Bilirakis Forbes E. The Clerk read the title of the resolu- vice, and there were—yeas 232, nays Bishop (UT) Fortenberry Mack tion. 180, not voting 21, as follows: Blackburn Foxx Manzullo The SPEAKER pro tempore. The Blunt Franks (AZ) Marshall question is on the motion offered by [Roll No. 635] Boehner Frelinghuysen McCarthy (CA) Bono Mack Gallegly McCaul the gentleman from Pennsylvania (Mr. YEAS—232 Boozman Garrett (NJ) McClintock ALTMIRE) that the House suspend the Ackerman Chu Ellison Boren Gerlach McCotter rules and agree to the resolution. Adler (NJ) Clarke Ellsworth Boustany Gingrey (GA) McHenry Altmire Clay Engel Brady (TX) Gohmert McIntyre This will be a 5-minute vote. Andrews Cleaver Eshoo Bright Goodlatte McKeon The vote was taken by electronic de- Arcuri Clyburn Etheridge Broun (GA) Graves (GA) Mica vice, and there were—yeas 378, nays 15, Baca Cohen Farr Brown (SC) Graves (MO) Miller (FL) answered ‘‘present’’ 18, not voting 22, Baldwin Connolly (VA) Fattah Brown-Waite, Griffith Miller (MI) Barrow Cooper Filner Ginny Guthrie Miller, Gary as follows: Bean Costa Foster Buchanan Hall (TX) Moran (KS) [Roll No. 636] Becerra Costello Frank (MA) Burgess Harper Murphy, Tim Berman Courtney Fudge Burton (IN) Hastings (WA) Myrick YEAS—378 Bishop (GA) Crowley Garamendi Calvert Heller Neugebauer Ackerman Bilirakis Brown-Waite, Bishop (NY) Cuellar Giffords Camp Hensarling Nunes Aderholt Bishop (GA) Ginny Blumenauer Cummings Gonzalez Campbell Herger Olson Alexander Bishop (UT) Buchanan Boccieri Dahlkemper Gordon (TN) Cantor Hoekstra Paulsen Altmire Blumenauer Burgess Boswell Davis (CA) Grayson Cao Hunter Pence Andrews Blunt Burton (IN) Boucher Davis (TN) Green, Al Capito Inglis Peterson Austria Boccieri Butterfield Boyd DeFazio Green, Gene Carter Issa Petri Baca Boehner Calvert Brady (PA) DeGette Grijalva Cassidy Jenkins Pitts Bachmann Bono Mack Camp Braley (IA) Delahunt Gutierrez Chaffetz Johnson (IL) Platts Bachus Cantor Boozman Brown, Corrine DeLauro Hall (NY) Childers Johnson, Sam Poe (TX) Baldwin Capito Boren Butterfield Deutch Halvorson Coble Jones Posey Barrett (SC) Capps Boswell Capps Dicks Hare Coffman (CO) Jordan (OH) Price (GA) Barrow Capuano Capuano Dingell Harman Cole King (IA) Reed Bartlett Boucher Carnahan Carnahan Doggett Hastings (FL) Conaway King (NY) Rehberg Barton (TX) Boyd Carson (IN) Carney Donnelly (IN) Heinrich Crenshaw Kingston Reichert Bean Brady (PA) Carter Carson (IN) Doyle Higgins Critz Kline (MN) Roe (TN) Becerra Brady (TX) Cassidy Castle Driehaus Hill Culberson Lamborn Rogers (AL) Berkley Bright Castle Castor (FL) Edwards (MD) Himes Davis (AL) Lance Rogers (KY) Berman Brown (SC) Castor (FL) Chandler Edwards (TX) Hinchey Davis (KY) Latham Rogers (MI) Biggert Brown, Corrine Chandler

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.070 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8389 Childers Holden Neugebauer Tierney Walz Whitfield Baldwin Ellison Larson (CT) Chu Holt Nunes Titus Wasserman Wilson (OH) Barrow Ellsworth Latham Clarke Honda Nye Tonko Schultz Wilson (SC) Bartlett Emerson LaTourette Clay Hoyer Oberstar Towns Waters Wittman Barton (TX) Engel Latta Cleaver Hunter Obey Tsongas Watson Wolf Bean Eshoo Lee (CA) Clyburn Inglis Olson Turner Watt Wu Becerra Etheridge Lee (NY) Coble Inslee Olver Upton Waxman Yarmuth Berkley Fallin Levin Coffman (CO) Israel Ortiz Van Hollen Weiner Young (AK) Berman Farr Lewis (CA) Vela´ zquez Welch Cohen Issa Pallone Young (FL) Biggert Fattah Lewis (GA) Cole Jackson (IL) Pastor (AZ) Walden Westmoreland Bilbray Filner Linder Conaway Jackson Lee Paul Bishop (GA) Flake Lipinski Connolly (VA) (TX) Paulsen NAYS—15 Bishop (UT) Fleming LoBiondo Conyers Jenkins Payne Adler (NJ) Graves (GA) Murphy (NY) Blackburn Forbes Loebsack Cooper Johnson (GA) Pence Boustany Heller Owens Blumenauer Fortenberry Lofgren, Zoe Costa Johnson (IL) Perlmutter Braley (IA) Larsen (WA) Rahall Blunt Foster Lowey Costello Johnson, E. B. Perriello Broun (GA) Lipinski Rooney Boccieri Foxx Lucas Courtney Johnson, Sam Peters Campbell Lungren, Daniel Bono Mack Frank (MA) Luetkemeyer Crenshaw Jones Peterson Chaffetz E. Boozman Franks (AZ) Luja´ n Critz Jordan (OH) Petri Boren Frelinghuysen Lummis Crowley Kagen Pingree (ME) ANSWERED ‘‘PRESENT’’—18 Boswell Fudge Lungren, Daniel Culberson Kanjorski Pitts Akin DeFazio Manzullo Boucher Gallegly E. Cummings Kaptur Platts Arcuri Djou Minnick Boustany Garamendi Lynch Dahlkemper Kennedy Polis (CO) Bilbray Gingrey (GA) Poe (TX) Boyd Garrett (NJ) Mack Davis (AL) Kildee Pomeroy Blackburn Harper Roe (TN) Brady (PA) Gerlach Maffei Davis (CA) Kilpatrick (MI) Posey Cao Lummis Terry Brady (TX) Giffords Maloney Davis (KY) Kilroy Price (GA) Carney Maffei Visclosky Braley (IA) Gingrey (GA) Manzullo Davis (TN) Kind Price (NC) Broun (GA) Gohmert Markey (CO) DeGette King (IA) Quigley NOT VOTING—22 Brown (SC) Gonzalez Markey (MA) Delahunt King (NY) Rangel Baird Deutch Pascrell Brown, Corrine Goodlatte Marshall DeLauro Kingston Reed Berry Granger Putnam Brown-Waite, Gordon (TN) Matheson Dent Kirkpatrick (AZ) Rehberg Bishop (NY) Herseth Sandlin Radanovich Ginny Graves (GA) Matsui Diaz-Balart, L. Kissell Reichert Bonner Marchant Shadegg Buchanan Graves (MO) McCarthy (CA) Diaz-Balart, M. Klein (FL) Reyes Buyer McCarthy (NY) Space Burgess Grayson McCaul Dicks Kline (MN) Richardson Cardoza McMahon Wamp Burton (IN) Green, Al McClintock Dingell Kosmas Rodriguez Cuellar McMorris Woolsey Butterfield Green, Gene McCollum Doggett Kratovil Rogers (AL) Davis (IL) Rodgers Buyer Griffith McCotter Donnelly (IN) Kucinich Rogers (KY) Calvert Grijalva McDermott Doyle Lamborn Rogers (MI) b 1508 Camp Guthrie McGovern Dreier Lance Rohrabacher Campbell Gutierrez McHenry Driehaus Langevin Ros-Lehtinen So (two-thirds being in the affirma- Cantor Hall (NY) McIntyre Duncan Larson (CT) Roskam tive) the rules were suspended and the Cao Hall (TX) McKeon Edwards (MD) Latham Ross resolution was agreed to. Capito Halvorson McNerney Edwards (TX) LaTourette Rothman (NJ) The result of the vote was announced Capps Hare Meek (FL) Ehlers Latta Roybal-Allard Capuano Harman Meeks (NY) Ellison Lee (CA) Royce as above recorded. Carnahan Harper Melancon Ellsworth Lee (NY) Ruppersberger A motion to reconsider was laid on Carney Hastings (FL) Mica Emerson Levin Rush the table. Carson (IN) Hastings (WA) Michaud Engel Lewis (CA) Ryan (OH) Carter Heinrich Miller (FL) Eshoo Lewis (GA) Ryan (WI) f Cassidy Heller Miller (MI) Etheridge Linder Salazar Castle Hensarling Miller (NC) Fallin LoBiondo Sa´ nchez, Linda CONGRATULATING GERDA Castor (FL) Herger Miller, Gary Farr Loebsack T. WEISSMANN KLEIN ON PRESI- Chaffetz Hill Miller, George Fattah Lofgren, Zoe Sanchez, Loretta Chandler Himes Minnick Filner Lowey Sarbanes DENTIAL MEDAL OF FREEDOM Childers Hinchey Mitchell Flake Lucas Scalise The SPEAKER pro tempore (Ms. LEE Chu Hinojosa Mollohan Fleming Luetkemeyer Schakowsky Clarke Hirono Moore (KS) Forbes Luja´ n Schauer of California). The unfinished business Clay Hodes Moore (WI) Fortenberry Lynch Schiff is the question on suspending the rules Cleaver Hoekstra Moran (KS) Foster Mack Schmidt and agreeing to the resolution (H. Res. Clyburn Holden Moran (VA) Foxx Maloney Schock Coble Holt Murphy (CT) Frank (MA) Markey (CO) Schrader 1743) congratulating Gerda Weissmann Coffman (CO) Honda Murphy (NY) Franks (AZ) Markey (MA) Schwartz Klein on being selected to receive the Cohen Hoyer Murphy, Patrick Frelinghuysen Marshall Scott (GA) Presidential Medal of Freedom, as Cole Hunter Murphy, Tim Fudge Matheson Scott (VA) amended. Conaway Inglis Myrick Gallegly Matsui Sensenbrenner Connolly (VA) Inslee Nadler (NY) Garamendi McCarthy (CA) Serrano The Clerk read the title of the resolu- Conyers Israel Napolitano Garrett (NJ) McCaul Sessions tion. Cooper Issa Neal (MA) Gerlach McClintock Sestak The SPEAKER pro tempore. The Costa Jackson (IL) Neugebauer Giffords McCollum Shea-Porter Costello Jackson Lee Nunes Gohmert McCotter Sherman question is on the motion offered by Courtney (TX) Nye Gonzalez McDermott Shimkus the gentlewoman from California (Ms. Crenshaw Jenkins Oberstar Goodlatte McGovern Shuler CHU) that the House suspend the rules Critz Johnson (GA) Obey Gordon (TN) McHenry Shuster and agree to the resolution, as amend- Crowley Johnson (IL) Olver Graves (MO) McIntyre Simpson Cuellar Johnson, E. B. Ortiz Grayson McKeon Sires ed. Culberson Johnson, Sam Owens Green, Al McNerney Skelton The question was taken. Cummings Jones Pallone Green, Gene Meek (FL) Slaughter The SPEAKER pro tempore. In the Dahlkemper Jordan (OH) Pascrell Griffith Meeks (NY) Smith (NE) Davis (CA) Kagen Pastor (AZ) Grijalva Melancon Smith (NJ) opinion of the Chair, two-thirds being Davis (KY) Kanjorski Paul Guthrie Mica Smith (TX) in the affirmative, the ayes have it. Davis (TN) Kaptur Paulsen Gutierrez Michaud Smith (WA) RECORDED VOTE DeFazio Kennedy Payne Hall (NY) Miller (FL) Snyder DeGette Kildee Pence Hall (TX) Miller (MI) Speier Mr. TONKO. Madam Speaker, I de- Delahunt Kilpatrick (MI) Perlmutter Halvorson Miller (NC) Spratt mand a recorded vote. DeLauro Kilroy Perriello Hare Miller, Gary Stark A recorded vote was ordered. Dent Kind Peters Harman Miller, George Stearns Deutch King (IA) Peterson Hastings (FL) Mitchell Stupak The SPEAKER pro tempore. This Diaz-Balart, L. King (NY) Petri Hastings (WA) Mollohan Stutzman will be a 5-minute vote. Diaz-Balart, M. Kingston Pingree (ME) Heinrich Moore (KS) Sullivan The vote was taken by electronic de- Dingell Kirkpatrick (AZ) Pitts Hensarling Moore (WI) Sutton vice, and there were—ayes 407, noes 0, Djou Kissell Platts Herger Moran (KS) Tanner Doggett Klein (FL) Poe (TX) Higgins Moran (VA) Taylor not voting 26, as follows: Donnelly (IN) Kline (MN) Polis (CO) Hill Murphy (CT) Teague [Roll No. 637] Doyle Kosmas Pomeroy Himes Murphy, Patrick Thompson (CA) Dreier Kratovil Posey Hinchey Murphy, Tim Thompson (MS) AYES—407 Driehaus Kucinich Price (GA) Hinojosa Myrick Thompson (PA) Ackerman Alexander Austria Duncan Lamborn Price (NC) Hirono Nadler (NY) Thornberry Aderholt Altmire Baca Edwards (MD) Lance Quigley Hodes Napolitano Tiahrt Adler (NJ) Andrews Bachmann Edwards (TX) Langevin Rahall Hoekstra Neal (MA) Tiberi Akin Arcuri Bachus Ehlers Larsen (WA) Rangel

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.024 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8390 CONGRESSIONAL RECORD — HOUSE December 15, 2010 Reed Scott (GA) Thornberry The fifth vote was H. Res. 1764—Rule pro- Sec. 110. Collaborating with Federal labora- Rehberg Scott (VA) Tiahrt viding for consideration of H.R. 2965—Don’t tories and research and develop- Reichert Sensenbrenner Tiberi Ask, Don’t Tell Repeal Act of 2010. Had I ment centers. Reyes Serrano Tierney Sec. 111. Notice requirement. Richardson Sessions Titus been present, I would have voted ‘‘nay’’ on TITLE II—OUTREACH AND Rodriguez Sestak Tonko that question. Roe (TN) Shea-Porter COMMERCIALIZATION INITIATIVES Towns The sixth vote was H. Res. 1761—Con- Rogers (AL) Sherman Tsongas Sec. 201. Rural and State outreach. Rogers (KY) Shimkus Turner gratulating Auburn University quarterback and Sec. 202. SBIR–STEM Workforce Development Rogers (MI) Shuler Upton College Park, Georgia, native Cameron New- Rohrabacher Shuster Grant Pilot Program. Rooney Simpson Van Hollen ton on winning the 2010 Heisman Trophy for Sec. 203. Technical assistance for awardees. ´ Ros-Lehtinen Sires Velazquez being the most outstanding college football Sec. 204. Commercialization program at Depart- Roskam Skelton Visclosky player in the United States. Had I been ment of Defense. Walden Ross Slaughter present, I would have voted ‘‘yea’’ on that Sec. 205. Commercialization Pilot Program for Rothman (NJ) Smith (NE) Walz civilian agencies. Roybal-Allard Smith (NJ) Wasserman question. Sec. 206. Nanotechnology initiative. Royce Smith (TX) Schultz The seventh vote was H. Res. 1743—Con- Sec. 207. Accelerating cures. Ruppersberger Smith (WA) Waters gratulating Gerda Weissmann Klein on being TITLE III—OVERSIGHT AND EVALUATION Rush Snyder Watson Ryan (OH) Speier Watt selected to receive the Presidential Medal of Sec. 301. Streamlining annual evaluation re- Ryan (WI) Spratt Waxman Freedom. Had I been present, I would have quirements. Salazar Stark Weiner voted ‘‘yea’’ on that question. Sec. 302. Data collection from agencies for Sa´ nchez, Linda Stearns Welch f SBIR. T. Stupak Westmoreland Sec. 303. Data collection from agencies for Sanchez, Loretta Stutzman Whitfield STTR. Sarbanes MESSAGE FROM THE SENATE Sullivan Wilson (OH) Scalise Sutton Sec. 304. Public database. Wilson (SC) A message from the Senate by Ms. Schakowsky Tanner Sec. 305. Government database. Wittman Schauer Taylor Curtis, one of its clerks, announced Sec. 306. Accuracy in funding base calcula- Schiff Teague Wolf that the Senate concurs in the House tions. Schmidt Terry Wu amendment to the Senate amendment Sec. 307. Continued evaluation by the National Yarmuth Schock Thompson (CA) with an amendment on a bill of the Academy of Sciences. Schrader Thompson (MS) Young (AK) House of the following title: Sec. 308. Technology insertion reporting re- Schwartz Thompson (PA) Young (FL) quirements. H.R. 4853. An act to amend the Internal NOT VOTING—26 Sec. 309. Intellectual property protections. Revenue Code of 1986 to extend the funding TITLE IV—POLICY DIRECTIVES Baird Davis (AL) McMorris and expenditure authority of the Airport and Barrett (SC) Davis (IL) Rodgers Airway Trust Fund, to amend title 49, United Sec. 401. Conforming amendments to the SBIR Berry Dicks Olson and the STTR Policy Directives. Bilirakis Granger Putnam States Code, to extend authorizations for the airport improvement program, and for other Sec. 402. Priorities for certain research initia- Bishop (NY) Herseth Sandlin Radanovich tives. Boehner Higgins Shadegg purposes. Sec. 403. Report on SBIR and STTR program Bonner Marchant Space f Bright McCarthy (NY) Wamp goals. Cardoza McMahon Woolsey b 1520 Sec. 404. Competitive selection procedures for SBIR and STTR programs. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DON’T ASK, DON’T TELL REPEAL SEC. 3. DEFINITIONS. The SPEAKER pro tempore (during ACT OF 2010 In this Act— the vote). There are 2 minutes remain- (1) the terms ‘‘Administration’’ and ‘‘Adminis- ing on this vote. Mrs. DAVIS of California. Mr. Speak- trator’’ mean the Small Business Administration er, pursuant to House Resolution 1764, I and the Administrator thereof, respectively; b 1516 call up the bill (H.R. 2965) to amend the (2) the terms ‘‘extramural budget’’, ‘‘Federal So (two-thirds being in the affirma- Small Business Act with respect to the agency’’, ‘‘Small Business Innovation Research tive) the rules were suspended and the Small Business Innovation Research Program’’, ‘‘SBIR’’, ‘‘Small Business Tech- resolution, as amended, was agreed to. Program and the Small Business Tech- nology Transfer Program’’, and ‘‘STTR’’ have The result of the vote was announced nology Transfer Program, and for other the meanings given such terms in section 9 of the Small Business Act (15 U.S.C. 638); and as above recorded. purposes, with the Senate amendment (3) the term ‘‘small business concern’’ has the A motion to reconsider was laid on thereto, and I have a motion at the same meaning as under section 3 of the Small the table. desk. Business Act (15 U.S.C. 632). f The Clerk read the title of the bill. TITLE I—REAUTHORIZATION OF THE SBIR The SPEAKER pro tempore (Mr. PERSONAL EXPLANATION AND STTR PROGRAMS CUELLAR). The Clerk will designate the SEC. 101. EXTENSION OF TERMINATION DATES. Ms. HERSETH SANDLIN. Mr. Speaker, I re- Senate amendment. (a) SBIR.—Section 9(m) of the Small Business gret that I was unable to participate in seven The text of the Senate amendment is Act (15 U.S.C. 638(m)) is amended by striking votes on the floor of the House of Representa- as follows: ‘‘2008’’ and inserting ‘‘2017’’. tives today due to a family medical issue. Senate amendment: (b) STTR.—Section 9(n)(1)(A) of the Small The first vote was H.R. 5546—To designate Strike out all after the enacting clause and Business Act (15 U.S.C. 638(n)(1)(A)) is amended the facility of the United States Postal Service insert: by striking ‘‘2009’’ and inserting ‘‘2017’’. SEC. 102. STATUS OF THE OFFICE OF TECH- located at 600 Florida Avenue in Cocoa, Flor- SECTION 1. SHORT TITLE. NOLOGY. ida, as the ‘‘Harry T. and Harriette Moore Post This Act may be cited as the ‘‘SBIR/STTR Re- Section 9(b) of the Small Business Act (15 Office.’’ Had I been present, I would have authorization Act of 2009’’. U.S.C. 638(b)) is amended— voted ‘‘yea’’ on that question. SEC. 2. TABLE OF CONTENTS. (1) in paragraph (7), by striking ‘‘and’’ at the The second vote was H. Res. 1759—Ex- The table of contents for this Act is as follows: end; pressing support for designation of January Sec. 1. Short title. (2) in paragraph (8), by striking the period at 23rd as ‘‘Ed Roberts Day.’’ Had I been Sec. 2. Table of contents. the end and inserting ‘‘; and’’; present, I would have voted ‘‘yea’’ on that Sec. 3. Definitions. (3) by redesignating paragraph (8) as para- graph (9); and question. TITLE I—REAUTHORIZATION OF THE SBIR (4) by adding at the end the following: The third vote was S. Con. Res. 72—A con- AND STTR PROGRAMS ‘‘(10) to maintain an Office of Technology to current resolution recognizing the 45th anni- Sec. 101. Extension of termination dates. carry out the responsibilities of the Administra- versary of the White House Fellows Program. Sec. 102. Status of the Office of Technology. tion under this section, which shall be— Had I been present, I would have voted ‘‘yea’’ Sec. 103. SBIR allocation increase. ‘‘(A) headed by the Assistant Administrator on that question. Sec. 104. STTR allocation increase. for Technology, who shall report directly to the The fourth vote was H.R. 6205—To des- Sec. 105. SBIR and STTR award levels. Administrator; and Sec. 106. Agency and program collaboration. ‘‘(B) independent from the Office of Govern- ignate the facility of the United States Postal Sec. 107. Elimination of Phase II invitations. ment Contracting of the Administration and suf- Service located at 1449 West Avenue in Sec. 108. Majority-venture investments in SBIR ficiently staffed and funded to comply with the Bronx, New York, as the ‘‘Private Isaac T. firms. oversight, reporting, and public database re- Cortes Post Office.’’ Had I been present, I Sec. 109. SBIR and STTR special acquisition sponsibilities assigned to the Office of Tech- would have voted ‘‘yea’’ on that question. preference. nology by the Administrator.’’.

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SEC. 103. SBIR ALLOCATION INCREASE. (c) TRIENNIAL ADJUSTMENTS.—Section 9 of the (1) in section 9— Section 9(f) of the Small Business Act (15 Small Business Act (15 U.S.C. 638) is amended— (A) in subsection (e)— U.S.C. 638(f)) is amended— (1) in subsection (j)(2)(D)— (i) in paragraph (8), by striking ‘‘and’’ at the (1) in paragraph (1)— (A) by striking ‘‘5 years’’ and inserting ‘‘3 end; (A) in the matter preceding subparagraph (A), years’’; and (ii) in paragraph (9)— by striking ‘‘Each’’ and inserting ‘‘Except as (B) by striking ‘‘and programmatic consider- (I) by striking ‘‘the second or the third phase’’ provided in paragraph (2)(C), each’’; ations’’; and and inserting ‘‘Phase II or Phase III’’; and (B) in subparagraph (B), by striking ‘‘and’’ at (2) in subsection (p)(2)(B)(ix) by striking (II) by striking the period at the end and in- the end; and ‘‘greater or lesser amounts to be awarded at the serting a semicolon; and (C) by striking subparagraph (C) and insert- discretion of the awarding agency,’’ and insert- (iii) by adding at the end the following: ing the following: ing ‘‘an adjustment for inflation of such ‘‘(10) the term ‘Phase I’ means— ‘‘(C) not less than 2.5 percent of such budget amounts once every 3 years,’’. ‘‘(A) with respect to the SBIR program, the in each of fiscal years 2009 and 2010; (d) LIMITATION ON CERTAIN AWARDS.—Section first phase described in paragraph (4)(A); and ‘‘(D) not less than 2.6 percent of such budget 9 of the Small Business Act (15 U.S.C. 638) is ‘‘(B) with respect to the STTR program, the in fiscal year 2011; amended by adding at the end the following: first phase described in paragraph (6)(A); ‘‘(E) not less than 2.7 percent of such budget ‘‘(aa) LIMITATION ON CERTAIN AWARDS.— ‘‘(11) the term ‘Phase II’ means— ‘‘(1) LIMITATION.—No Federal agency may in fiscal year 2012; ‘‘(A) with respect to the SBIR program, the issue an award under the SBIR program or the ‘‘(F) not less than 2.8 percent of such budget second phase described in paragraph (4)(B); and STTR program if the size of the award exceeds in fiscal year 2013; ‘‘(B) with respect to the STTR program, the the award guidelines established under this sec- ‘‘(G) not less than 2.9 percent of such budget second phase described in paragraph (6)(B); and tion by more than 50 percent. in fiscal year 2014; ‘‘(12) the term ‘Phase III’ means— ‘‘(2) MAINTENANCE OF INFORMATION.—Partici- ‘‘(H) not less than 3.0 percent of such budget ‘‘(A) with respect to the SBIR program, the pating agencies shall maintain information on third phase described in paragraph (4)(C); and in fiscal year 2015; awards exceeding the guidelines established ‘‘(I) not less than 3.1 percent of such budget ‘‘(B) with respect to the STTR program, the under this section, including— third phase described in paragraph (6)(C).’’; in fiscal year 2016; ‘‘(A) the amount of each award; ‘‘(J) not less than 3.2 percent of such budget ‘‘(B) a justification for exceeding the award (B) in subsection (j)— in fiscal year 2017; amount; (i) in paragraph (1)(B), by striking ‘‘phase ‘‘(K) not less than 3.3 percent of such budget ‘‘(C) the identity and location of each award two’’ and inserting ‘‘Phase II’’; in fiscal year 2018; recipient; and (ii) in paragraph (2)— ‘‘(L) not less than 3.4 percent of such budget ‘‘(D) whether a recipient has received any (I) in subparagraph (B)— in fiscal year 2019; and venture capital investment and, if so, whether (aa) by striking ‘‘the third phase’’ each place ‘‘(M) not less than 3.5 percent of such budget the recipient is majority-owned and controlled it appears and inserting ‘‘Phase III’’; and in fiscal year 2020 and each fiscal year there- by multiple venture capital companies. (bb) by striking ‘‘the second phase’’ and in- after,’’; and ‘‘(3) REPORTS.—The Administrator shall in- serting ‘‘Phase II’’; (2) in paragraph (2)— clude the information described in paragraph (2) (II) in subparagraph (D)— (A) by redesignating subparagraphs (A) and in the annual report of the Administrator to (aa) by striking ‘‘the first phase’’ and insert- (B) as clauses (i) and (ii), respectively, and ad- Congress. ing ‘‘Phase I’’; and justing the margins accordingly; ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this (bb) by striking ‘‘the second phase’’ and in- (B) by striking ‘‘A Federal agency’’ and in- subsection shall be construed to prevent a Fed- serting ‘‘Phase II’’; serting the following: eral agency from supplementing an award under (III) in subparagraph (F), by striking ‘‘the ‘‘(A) IN GENERAL.—A Federal agency’’; and the SBIR program or the STTR program using third phase’’ and inserting ‘‘Phase III’’; (C) by adding at the end the following: funds of the Federal agency that are not part of (IV) in subparagraph (G)— ‘‘(B) DEPARTMENT OF DEFENSE AND DEPART- the SBIR program or the STTR program of the (aa) by striking ‘‘the first phase’’ and insert- MENT OF ENERGY.—For the Department of De- Federal agency.’’. ing ‘‘Phase I’’; and fense and the Department of Energy, to the SEC. 106. AGENCY AND PROGRAM COLLABORA- (bb) by striking ‘‘the second phase’’ and in- greatest extent practicable, the percentage of the TION. serting ‘‘Phase II’’; and extramural budget in excess of 2.5 percent re- Section 9 of the Small Business Act (15 U.S.C. (V) in subparagraph (H)— quired to be expended with small business con- 638), as amended by this Act, is amended by (aa) by striking ‘‘the first phase’’ and insert- cerns under subparagraphs (D) through (M) of adding at the end the following: ing ‘‘Phase I’’; paragraph (1)— ‘‘(bb) SUBSEQUENT PHASES.— (bb) by striking ‘‘second phase’’ each place it ‘‘(i) may not be used for new Phase I or Phase ‘‘(1) AGENCY COLLABORATION.—A small busi- appears and inserting ‘‘Phase II’’; and II awards; and ness concern that received an award from a (cc) by striking ‘‘third phase’’ and inserting ‘‘(ii) shall be used for activities that further Federal agency under this section shall be eligi- ‘‘Phase III’’; and the readiness levels of technologies developed ble to receive an award for a subsequent phase (iii) in paragraph (3)— under Phase II awards, including conducting from another Federal agency, if the head of (I) in subparagraph (A)— testing and evaluation to promote the transition each relevant Federal agency or the relevant (aa) by striking ‘‘the first phase (as described of such technologies into commercial or defense component of the Federal agency makes a writ- in subsection (e)(4)(A))’’ and inserting ‘‘Phase products, or systems furthering the mission ten determination that the topics of the relevant I’’; needs of the Department of Defense or the De- awards are the same and both agencies report (bb) by striking ‘‘the second phase (as de- partment of Energy, as the case may be.’’. the awards to the Administrator for inclusion in scribed in subsection (e)(4)(B))’’ and inserting ‘‘Phase II’’; and SEC. 104. STTR ALLOCATION INCREASE. the public database under subsection (k). ‘‘(2) SBIR AND STTR COLLABORATION.—A small (cc) by striking ‘‘the third phase (as described Section 9(n)(1)(B) of the Small Business Act business concern which received an award in subsection (e)(4)(C))’’ and inserting ‘‘Phase (15 U.S.C. 638(n)(1)(B)) is amended— under this section under the SBIR program or III’’; and (1) in clause (i), by striking ‘‘and’’ at the end; the STTR program may receive an award under (II) in subparagraph (B), by striking ‘‘second (2) in clause (ii), by striking ‘‘thereafter.’’ and this section for a subsequent phase in either the phase’’ and inserting ‘‘Phase II’’; inserting ‘‘through fiscal year 2010;’’; and SBIR program or the STTR program and the (C) in subsection (k)— (3) by adding at the end the following: participating agency or agencies shall report the (i) by striking ‘‘first phase’’ each place it ap- ‘‘(iii) 0.4 percent for fiscal years 2011 and 2012; awards to the Administrator for inclusion in the pears and inserting ‘‘Phase I’’; and ‘‘(iv) 0.5 percent for fiscal years 2013 and 2014; public database under subsection (k).’’. (ii) by striking ‘‘second phase’’ each place it and appears and inserting ‘‘Phase II’’; ‘‘(v) 0.6 percent for fiscal year 2015 and each SEC. 107. ELIMINATION OF PHASE II INVITA- TIONS. (D) in subsection (l)(2)— fiscal year thereafter.’’. (a) IN GENERAL.—Section 9(e) of the Small (i) by striking ‘‘the first phase’’ and inserting SEC. 105. SBIR AND STTR AWARD LEVELS. Business Act (15 U.S.C. 638(e)) is amended— ‘‘Phase I’’; and (a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) of (1) in paragraph (4)(B), by striking ‘‘to fur- (ii) by striking ‘‘the second phase’’ and insert- the Small Business Act (15 U.S.C. 638(j)(2)(D)) is ther’’ and inserting: ‘‘which shall not include ing ‘‘Phase II’’; amended— any invitation, pre-screening, pre-selection, or (E) in subsection (o)(13)— (1) by striking ‘‘$100,000’’ and inserting down-selection process for eligibility for the sec- (i) in subparagraph (B), by striking ‘‘second ‘‘$150,000’’; and ond phase, that will further’’; and phase’’ and inserting ‘‘Phase II’’; and (2) by striking ‘‘$750,000’’ and inserting (2) in paragraph (6)(B), by striking ‘‘to fur- (ii) in subparagraph (C), by striking ‘‘third ‘‘$1,000,000’’. ther develop proposed ideas to’’ and inserting phase’’ and inserting ‘‘Phase III’’; (b) STTR ADJUSTMENTS.—Section ‘‘which shall not include any invitation, pre- (F) in subsection (p)— 9(p)(2)(B)(ix) of the Small Business Act (15 screening, pre-selection, or down-selection proc- (i) in paragraph (2)(B)— U.S.C. 638(p)(2)(B)(ix)) is amended— ess for eligibility for the second phase, that will (I) in clause (vi)— (1) by striking ‘‘$100,000’’ and inserting further develop proposals that’’. (aa) by striking ‘‘the second phase’’ and in- ‘‘$150,000’’; and (b) TECHNICAL AND CONFORMING AMEND- serting ‘‘Phase II’’; and (2) by striking ‘‘$750,000’’ and inserting MENTS.—The Small Business Act (15 U.S.C. 638) (bb) by striking ‘‘the third phase’’ and insert- ‘‘$1,000,000’’. is amended— ing ‘‘Phase III’’; and

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A15DE7.031 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8392 CONGRESSIONAL RECORD — HOUSE December 15, 2010 (II) in clause (ix)— the Federal agency allocated in accordance with (B) shall respond to a request under subpara- (aa) by striking ‘‘the first phase’’ and insert- this Act, in the first full fiscal year beginning graph (A) not later than 20 business days after ing ‘‘Phase I’’; and after the date of enactment of this subsection, the date on which the request is received. (bb) by striking ‘‘the second phase’’ and in- and each fiscal year thereafter, to small busi- SEC. 109. SBIR AND STTR SPECIAL ACQUISITION serting ‘‘Phase II’’; and ness concerns that are majority owned by ven- PREFERENCE. (ii) in paragraph (3)— ture capital companies and that satisfy the Section 9(r) of the Small Business Act (15 (I) by striking ‘‘the first phase (as described in qualification requirements under paragraph (2) U.S.C. 638(r)) is amended by adding at the end subsection (e)(6)(A))’’ and inserting ‘‘Phase I’’; through competitive, merit-based procedures the following: (II) by striking ‘‘the second phase (as de- that are open to all eligible small business con- ‘‘(4) PHASE III AWARDS.—To the greatest ex- scribed in subsection (e)(6)(B))’’ and inserting cerns. tent practicable, Federal agencies and Federal ‘‘Phase II’’; and ‘‘(B) DETERMINATION.—A written determina- prime contractors shall issue Phase III awards (III) by striking ‘‘the third phase (as described tion made under subparagraph (A) shall explain relating to technology, including sole source in subsection (e)(6)(A))’’ and inserting ‘‘Phase how the use of the authority under that sub- awards, to the SBIR and STTR award recipients III’’; paragraph will induce additional venture cap- that developed the technology.’’. (G) in subsection (q)(3)— ital funding of small business innovations, sub- SEC. 110. COLLABORATING WITH FEDERAL LAB- (i) in subparagraph (A)— stantially contribute to the mission of the fund- ORATORIES AND RESEARCH AND DE- (I) in the subparagraph heading, by striking ing Federal agency, demonstrate a need for pub- VELOPMENT CENTERS. ‘‘FIRST PHASE’’ and inserting ‘‘PHASE I’’; and lic research, and otherwise fulfill the capital Section 9 of the Small Business Act (15 U.S.C. (II) by striking ‘‘first phase’’ and inserting needs of small business concerns for additional 638), as amended by this Act, is amended by ‘‘Phase I’’; and financing for the SBIR project. adding at the end the following: (ii) in subparagraph (B)— ‘‘(2) QUALIFICATION REQUIREMENTS.—The Ad- ‘‘(dd) COLLABORATING WITH FEDERAL LAB- (I) in the subparagraph heading, by striking ministrator shall establish requirements relating ORATORIES AND RESEARCH AND DEVELOPMENT ENTERS ‘‘SECOND PHASE’’ and inserting ‘‘PHASE II’’; and to the affiliation by small business concerns C .— ‘‘(1) AUTHORIZATION.—Subject to the limita- (II) by striking ‘‘second phase’’ and inserting with venture capital companies, which may not tions under this section, the head of each par- ‘‘Phase II’’; exclude a United States small business concern ticipating Federal agency may make SBIR and (H) in subsection (r)— from participation in the program under para- STTR awards to any eligible small business con- (i) in the subsection heading, by striking graph (1) on the basis that the small business cern that— ‘‘THIRD PHASE’’ and inserting ‘‘PHASE III’’; concern is owned in majority part by, or con- ‘‘(A) intends to enter into an agreement with (ii) in paragraph (1)— trolled by, more than 1 United States venture a Federal laboratory or federally funded re- (I) in the first sentence— capital company, so long as no single venture search and development center for portions of (aa) by striking ‘‘for the second phase’’ and capital company owns more than 49 percent of the activities to be performed under that award; inserting ‘‘for Phase II’’; the small business concern. ‘‘(3) REGISTRATION.—A small business concern or (bb) by striking ‘‘third phase’’ and inserting ‘‘(B) has entered into a cooperative research ‘‘Phase III’’; and that is majority owned and controlled by mul- tiple venture capital companies and qualified and development agreement (as defined in sec- (cc) by striking ‘‘second phase period’’ and in- tion 12(d) of the Stevenson-Wydler Technology serting ‘‘Phase II period’’; and for participation in the program authorized under paragraph (1) shall— Innovation Act of 1980 (15 U.S.C. 3710a(d))) (II) in the second sentence— with a Federal laboratory. (aa) by striking ‘‘second phase’’ and inserting ‘‘(A) register with the Administrator on the date that the small business concern submits an ‘‘(2) PROHIBITION.—No Federal agency shall— ‘‘Phase II’’; and ‘‘(A) condition an SBIR or STTR award upon application for an award under the SBIR pro- (bb) by striking ‘‘third phase’’ and inserting entering into agreement with any Federal lab- ‘‘Phase III’’; and gram; and ‘‘(B) indicate whether the small business con- oratory or any federally funded laboratory or (iii) in paragraph (2), by striking ‘‘third research and development center for any portion phase’’ and inserting ‘‘Phase III’’; and cern is registered under subparagraph (A) in any SBIR proposal. of the activities to be performed under that (I) in subsection (u)(2)(B), by striking ‘‘the award; first phase’’ and inserting ‘‘Phase I’’; ‘‘(4) COMPLIANCE.—A Federal agency de- scribed in paragraph (1) shall collect data re- ‘‘(B) approve an agreement between a small (2) in section 34— business concern receiving a SBIR or STTR garding the number and dollar amounts of (A) in subsection (c)(2)(B)(ii), by striking award and a Federal laboratory or federally phase I, phase II, and all other categories of ‘‘first phase and second phase SBIR awards’’ funded laboratory or research and development awards under the SBIR program, and the Ad- and inserting ‘‘Phase I and Phase II SBIR center, if the small business concern performs a ministrator shall report on the data and the awards (as defined in section 9(e))’’; and lesser portion of the activities to be performed compliance of each such Federal agency with (B) in subsection (e)(2)(A)— under that award than required by this section the maximum amounts under paragraph (1) as (i) in clause (i), by striking ‘‘first phase and by the SBIR Policy Directive and the STTR part of the annual report by the Administration awards’’ and all that follows and inserting Policy Directive of the Administrator; or ‘‘Phase I awards (as defined in section 9(e));’’; under subsection (b)(7). ‘‘(C) approve an agreement that violates any ‘‘(5) ENFORCEMENT.—If a Federal agency and provision, including any data rights protections awards more than the amount authorized under (ii) by striking ‘‘first phase’’ each place it ap- provision, of this section or the SBIR and the paragraph (1) for a purpose described in para- pears and inserting ‘‘Phase I’’; and STTR Policy Directives. graph (1), the amount awarded in excess of the (3) in section 35(c)(2)(B)(vii), by striking ‘‘(3) IMPLEMENTATION.—Not later than 180 ‘‘third phase’’ and inserting ‘‘Phase III’’. amount authorized under paragraph (1) shall be days after the date of enactment of this sub- transferred to the funds for general SBIR pro- SEC. 108. MAJORITY-VENTURE INVESTMENTS IN section, the Administrator shall modify the grams from the non-SBIR research and develop- SBIR FIRMS. SBIR Policy Directive and the STTR Policy Di- ment funds of the Federal agency within 60 (a) IN GENERAL.—Section 9 of the Small Busi- rective issued under this section to ensure that days of the date on which the Federal agency ness Act (15 U.S.C. 638), as amended by this Act, small business concerns— awarded more than the amount authorized is amended by adding at the end the following: ‘‘(A) have the flexibility to use the resources under paragraph (1) for a purpose described in ‘‘(cc) MAJORITY-VENTURE INVESTMENTS IN of the Federal laboratories and federally funded paragraph (1).’’. SBIR FIRMS.— research and development centers; and (b) TECHNICAL AND CONFORMING AMEND- ‘‘(1) AUTHORITY AND DETERMINATION.— ‘‘(B) are not mandated to enter into agree- MENT.—Section 3 of the Small Business Act (15 ‘‘(A) IN GENERAL.—Upon a written determina- ment with any Federal laboratory or any feder- U.S.C. 632) is amended by adding at the end the tion provided not later than 30 days in advance ally funded laboratory or research and develop- following: ment center as a condition of an award.’’. to the Administrator and to the Committee on ‘‘(t) VENTURE CAPITAL COMPANY.—In this Act, SEC. 111. NOTICE REQUIREMENT. Small Business and Entrepreneurship of the the term ‘venture capital company’ means an The head of any Federal agency involved in a Senate and the Committee on Small Business of entity described in clause (i), (v), or (vi) of sec- case or controversy before any Federal judicial the House of Representatives— tion 121.103(b)(5) of title 13, Code of Federal or administrative tribunal concerning the SBIR ‘‘(i) the Director of the National Institutes of Regulations (or any successor thereto).’’. program or the STTR program shall provide Health may award not more than 18 percent of (c) ASSISTANCE FOR DETERMINING AFFILI- timely notice, as determined by the Adminis- the SBIR funds of the National Institutes of ATES.—Not later than 30 days after the date of Health allocated in accordance with this Act, in enactment of this Act, the Administrator shall trator, of the case or controversy to the Admin- the first full fiscal year beginning after the date post on the website of the Administration (with istrator. of enactment of this subsection, and each fiscal a direct link displayed on the homepage of the TITLE II—OUTREACH AND year thereafter, to small business concerns that website of the Administration or the SBIR COMMERCIALIZATION INITIATIVES are owned in majority part by venture capital website of the Administration)— SEC. 201. RURAL AND STATE OUTREACH. companies and that satisfy the qualification re- (1) a clear explanation of the SBIR affiliation (a) OUTREACH.—Section 9 of the Small Busi- quirements under paragraph (2) through com- rules under part 121 of title 13, Code of Federal ness Act (15 U.S.C. 638) is amended by inserting petitive, merit-based procedures that are open to Regulations; and after subsection (r) the following: all eligible small business concerns; and (2) contact information for officers or employ- ‘‘(s) OUTREACH.— ‘‘(ii) the head of any other Federal agency ees of the Administration who— ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this participating in the SBIR program may award (A) upon request, shall review an issue relat- subsection, the term ‘eligible State’ means a not more than 8 percent of the SBIR funds of ing to the rules described in paragraph (1); and State—

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A15DE7.031 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8393 ‘‘(A) for which the total value of contracts cated by a recipient described in paragraph (A) cialization Program under this subsection may awarded to the State under this section during to serve small business concerns located in the not be construed to eliminate or replace any the most recent fiscal year for which data is rural area. other SBIR program or STTR program that en- available was less than $5,000,000; and ‘‘(iii) DEFINITION OF RURAL AREA.—In this hances the insertion or transition of SBIR or ‘‘(B) that certifies to the Administrator that subparagraph, the term ‘rural area’ has the STTR technologies, including any such program the State will, upon receipt of assistance under meaning given that term in section 1393(a)(2)) of in effect on the date of enactment of the Na- this subsection, provide matching funds from the Internal Revenue Code of 1986.’’. tional Defense Authorization Act for Fiscal non-Federal sources in an amount that is not SEC. 202. SBIR–STEM WORKFORCE DEVELOPMENT Year 2006 (Public Law 109–163; 119 Stat. 3136).’’; less than 50 percent of the amount provided GRANT PILOT PROGRAM. (4) in paragraph (2), by inserting ‘‘or Small under this subsection. (a) PILOT PROGRAM ESTABLISHED.—From Business Technology Transfer Program’’ after ‘‘(2) PROGRAM AUTHORITY.—Of amounts made amounts made available to carry out this sec- ‘‘Small Business Innovation Research Pro- available to carry out this section for each of tion, the Administrator shall establish a SBIR– gram’’; fiscal years 2010 through 2014, the Administrator STEM Workforce Development Grant Pilot Pro- (5) in paragraph (4), by inserting ‘‘or Small may expend with eligible States not more than gram to encourage the business community to Business Technology Transfer Program’’ after $5,000,000 in each such fiscal year in order to in- provide workforce development opportunities for ‘‘Small Business Innovation Research Pro- crease the participation of small business con- college students, in the fields of science, tech- gram’’; cerns located in those States in the programs nology, engineering, and math (in this section (6) by striking paragraph (6); under this section. referred to as ‘‘STEM college students’’), by pro- (7) by redesignating paragraph (5) as para- ‘‘(3) AMOUNT OF ASSISTANCE.—The amount of viding a SBIR bonus grant. graph (7); and assistance provided to an eligible State under (b) ELIGIBLE ENTITIES DEFINED.—In this sec- (8) by inserting after paragraph (4) the fol- this subsection in any fiscal year— tion the term ‘‘eligible entity’’ means a grantee lowing: ‘‘(A) shall be equal to not more than 50 per- receiving a grant under the SBIR Program on ‘‘(5) INSERTION INCENTIVES.—For any contract cent of the total amount of matching funds from the date of the bonus grant under subsection (a) with a value of not less than $100,000,000, the non-Federal sources provided by the State; and that provides an internship program for STEM Secretary of Defense is authorized to— ‘‘(B) shall not exceed $100,000. college students. ‘‘(A) establish goals for the transition of ‘‘(4) USE OF ASSISTANCE.—Assistance provided (c) AWARDS.—An eligible entity shall receive a Phase III technologies in subcontracting plans; to an eligible State under this subsection shall bonus grant equal to 10 percent of either a and be used by the State, in consultation with State Phase I or Phase II grant, as applicable, with a ‘‘(B) require a prime contractor on such a and local departments and agencies, for pro- total award maximum of not more than $10,000 contract to report the number and dollar grams and activities to increase the participa- per year. amount of contracts entered into by that prime tion of small business concerns located in the (d) EVALUATION.—Following the fourth year contractor for Phase III SBIR or STTR projects. State in the programs under this section, includ- of funding under this section, the Administrator ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY IN- ing— shall submit a report to Congress on the results SERTION.—The Secretary of Defense shall— ‘‘(A) the establishment of quantifiable per- of the SBIR–STEM Workforce Development ‘‘(A) set a goal to increase the number of formance goals, including goals relating to— Grant Pilot Program. Phase II SBIR contracts and the number of ‘‘(i) the number of program awards under this (e) AUTHORIZATION OF APPROPRIATIONS.— Phase II STTR contracts awarded by that Sec- section made to small business concerns in the There are authorized to be appropriated to carry retary that lead to technology transition into State; and out this section— programs of record or fielded systems; ‘‘(ii) the total amount of Federal research and (1) $1,000,000 for fiscal year 2011; ‘‘(B) use incentives in effect on the date of en- development contracts awarded to small busi- (2) $1,000,000 for fiscal year 2012; actment of the SBIR/STTR Reauthorization Act ness concerns in the State; (3) $1,000,000 for fiscal year 2013; of 2009, or create new incentives, to encourage ‘‘(B) the provision of competition outreach (4) $1,000,000 for fiscal year 2014; and agency program managers and prime contrac- support to small business concerns in the State (5) $1,000,000 for fiscal year 2015. tors to meet the goal under subparagraph (A); that are involved in research and development; SEC. 203. TECHNICAL ASSISTANCE FOR AWARD- and and EES. ‘‘(C) include in the annual report to Congress ‘‘(C) the development and dissemination of Section 9(q)(3) of the Small Business Act (15 the percentage of contracts described in sub- educational and promotional information relat- U.S.C. 638(q)(3)) is amended— paragraph (A) awarded by that Secretary, and ing to the programs under this section to small (1) in subparagraph (A), by striking ‘‘$4,000’’ information on the ongoing status of projects business concerns in the State.’’. and inserting ‘‘$5,000’’; funded through the Commercialization Program (b) FEDERAL AND STATE PROGRAM EXTEN- (2) in subparagraph (B)— and efforts to transition these technologies into SION.—Section 34 of the Small Business Act (15 (A) by striking ‘‘, with funds available from programs of record or fielded systems.’’. U.S.C. 657d) is amended— their SBIR awards,’’; and SEC. 205. COMMERCIALIZATION PILOT PROGRAM (1) in subsection (h), by striking ‘‘2001 (B) by striking ‘‘$4,000 per year’’ and insert- FOR CIVILIAN AGENCIES. through 2005’’ each place it appears and insert- ing ‘‘$5,000 per year, which shall be in addition Section 9 of the Small Business Act (15 U.S.C. ing ‘‘2010 through 2014’’; and to the amount of the recipient’s award’’; and 638), as amended by this Act, is amended by (2) in subsection (i), by striking ‘‘2005’’ and (3) by adding at the end the following: adding at the end the following: inserting ‘‘2014’’. ‘‘(C) FLEXIBILITY.—In carrying out subpara- ‘‘(ee) PILOT PROGRAM.— (c) MATCHING REQUIREMENTS.—Section graphs (A) and (B), each Federal agency shall ‘‘(1) AUTHORIZATION.—The head of each cov- 34(e)(2) of the Small Business Act (15 U.S.C. provide the allowable amounts to a recipient ered Federal agency may set aside not more 657d(e)(2)) is amended— that meets the eligibility requirements under the than 10 percent of the SBIR and STTR funds of (1) in subparagraph (A)— applicable subparagraph, if the recipient re- such agency for further technology develop- (A) in clause (i), by striking ‘‘50 cents’’ and quests to seek technical assistance from an indi- ment, testing, and evaluation of SBIR and inserting ‘‘35 cents’’; and vidual or entity other than the vendor selected STTR Phase II technologies. (B) in clause (iii), by striking ‘‘75 cents’’ and under paragraph (2) by the Federal agency. ‘‘(2) APPLICATION BY FEDERAL AGENCY.— inserting ‘‘50 cents’’; ‘‘(D) LIMITATION.—A Federal agency may ‘‘(A) IN GENERAL.—A covered Federal agency (2) in subparagraph (B), by striking ‘‘50 not— may not establish a pilot program unless such cents’’ and inserting ‘‘35 cents’’; ‘‘(i) use the amounts authorized under sub- agency makes a written application to the Ad- (3) by redesignating subparagraphs (C) and paragraph (A) or (B) unless the vendor selected ministrator, not later than 90 days before to the (D) as subparagraphs (D) and (E), respectively; under paragraph (2) provides the technical as- first day of the fiscal year in which the pilot and sistance to the recipient; or program is to be established, that describes a (4) by inserting after subparagraph (B) the ‘‘(ii) enter a contract with a vendor under compelling reason that additional investment in following: paragraph (2) under which the amount provided SBIR or STTR technologies is necessary, includ- ‘‘(C) RURAL AREAS.— for technical assistance is based on total number ing unusually high regulatory, systems integra- ‘‘(i) IN GENERAL.—Except as provided in of Phase I or Phase II awards.’’. tion, or other costs relating to development or clause (ii), the non-Federal share of the cost of SEC. 204. COMMERCIALIZATION PROGRAM AT DE- manufacturing of identifiable, highly promising the activity carried out using an award or PARTMENT OF DEFENSE. small business technologies or a class of such under a cooperative agreement under this sec- Section 9(y) of the Small Business Act (15 technologies expected to substantially advance tion shall be 35 cents for each Federal dollar U.S.C. 638(y)) is amended— the mission of the agency. that will be directly allocated by a recipient de- (1) in the subsection heading, by striking ‘‘(B) DETERMINATION.—The Administrator scribed in paragraph (A) to serve small business ‘‘PILOT’’; shall— concerns located in a rural area. (2) by striking ‘‘Pilot’’ each place that term ‘‘(i) make a determination regarding an appli- ‘‘(ii) ENHANCED RURAL AWARDS.—For a recipi- appears; cation submitted under subparagraph (A) not ent located in a rural area that is located in a (3) in paragraph (1)— later than 30 days before the first day of the fis- State described in subparagraph (A)(i), the non- (A) by inserting ‘‘or Small Business Tech- cal year for which the application is submitted; Federal share of the cost of the activity carried nology Transfer Program’’ after ‘‘Small Busi- ‘‘(ii) publish the determination in the Federal out using an award or under a cooperative ness Innovation Research Program’’; and Register; and agreement under this section shall be 15 cents (B) by adding at the end the following: ‘‘The ‘‘(iii) make a copy of the determination and for each Federal dollar that will be directly allo- authority to create and administer a Commer- any related materials available to the Committee

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on Small Business and Entrepreneurship of the ‘‘(B) NUMBER OF MEMBERS.—The total number HUBZone small business concerns and firms Senate and the Committee on Small Business of of members selected under clauses (iii), (iv), and with venture capital investment (including those the House of Representatives. (v) of subparagraph (A) shall not exceed 10. majority owned and controlled by multiple ven- ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The head ‘‘(C) EQUAL REPRESENTATION.—The total num- ture capital firms) under each of the SBIR and of a Federal agency may not make an award ber of members of the advisory board selected STTR programs; under a pilot program in excess of 3 times the under clauses (i), (ii), (iii), and (iv) of subpara- ‘‘(C) a description of the extent to which each dollar amounts generally established for Phase graph (A) shall be equal to the number of mem- Federal agency is increasing outreach and II awards under subsection (j)(2)(D) or bers of the advisory board selected under sub- awards to firms owned and controlled by women (p)(2)(B)(ix). paragraph (A)(v). and social or economically disadvantaged indi- ‘‘(4) MATCHING.—The head of a Federal agen- ‘‘(b) ADDRESSING DATA GAPS.—In order to en- viduals under each of the SBIR and STTR pro- cy may not make an award under a pilot pro- hance the evidence-base guiding SBIR program grams; gram for SBIR or STTR Phase II technology decisions and changes, the Director of the SBIR ‘‘(D) general information about the implemen- that will be acquired by the Federal Government program of the NIH shall address the gaps and tation and compliance with the allocation of unless new private, Federal non-SBIR, or Fed- deficiencies in the data collection concerns iden- funds required under subsection (cc) for firms eral non-STTR funding that at least matches tified in the 2007 report of the National Acad- majority owned and controlled by multiple ven- the award from the Federal agency is provided emies of Science entitled ‘An Assessment of the ture capital firms under each of the SBIR and for the SBIR or STTR Phase II technology. Small Business Innovation Research Program at STTR programs; ‘‘(5) ELIGIBILITY FOR AWARD.—The head of a the NIH’. ‘‘(E) a detailed description of appeals of Federal agency may make an award under a ‘‘(c) PILOT PROGRAM.— Phase III awards and notices of noncompliance pilot program to any applicant that is eligible to ‘‘(1) IN GENERAL.—The Director of the SBIR with the SBIR and the STTR Policy Directives receive a Phase III award related to technology program of the NIH may initiate a pilot pro- filed by the Administrator with Federal agen- developed in Phase II of an SBIR or STTR gram, under a formal mechanism for designing, cies; and project. implementing, and evaluating pilot programs, to ‘‘(F) a description’’; and ‘‘(6) REGISTRATION.—Any applicant that re- spur innovation and to test new strategies that (2) by inserting after paragraph (7) the fol- ceives an award under a pilot program shall may enhance the development of cures and lowing: register with the Administrator in a registry therapies. ‘‘(8) to coordinate the implementation of elec- that is available to the public. ‘‘(2) CONSIDERATIONS.—The Director of the tronic databases at each of the Federal agencies ‘‘(7) TERMINATION.—The authority to estab- SBIR program of the NIH may consider con- participating in the SBIR program or the STTR lish a pilot program under this section expires at ducting a pilot program to include individuals program, including the technical ability of the the end of fiscal year 2014. with successful SBIR program experience in participating agencies to electronically share ‘‘(8) DEFINITIONS.—In this section— study sections, hiring individuals with small data;’’. ‘‘(A) the term ‘covered Federal agency’— business development experience for staff posi- ‘‘(i) means a Federal agency participating in tions, separating the commercial and scientific SEC. 302. DATA COLLECTION FROM AGENCIES FOR SBIR. the SBIR program or the STTR program; and review processes, and examining the impact of Section 9(g) of the Small Business Act (15 ‘‘(ii) does not include the Department of De- the trend toward larger awards on the overall U.S.C. 638(g)) is amended— fense; and program. (1) by striking paragraph (10); ‘‘(B) the term ‘pilot program’ means the pro- ‘‘(d) REPORT TO CONGRESS.—The Director of gram established under paragraph (1).’’. the NIH shall submit an annual report to Con- (2) by redesignating paragraphs (8) and (9) as SEC. 206. NANOTECHNOLOGY INITIATIVE. gress and the advisory board on the activities of paragraphs (9) and (10), respectively; (3) by inserting after paragraph (7) the fol- (a) IN GENERAL.—Section 9 of the Small Busi- the SBIR program of the NIH under this section. ness Act (15 U.S.C. 638), as amended by this Act, ‘‘(e) SBIR GRANTS AND CONTRACTS.— lowing: is amended by adding at the end the following: ‘‘(1) IN GENERAL.—In awarding grants and ‘‘(8) collect annually, and maintain in a com- ‘‘(ff) NANOTECHNOLOGY INITIATIVE.—Each contracts under the SBIR program of the NIH mon format in accordance with the simplified Federal agency participating in the SBIR or each SBIR program manager shall place an em- reporting requirements under subsection (v), STTR program shall encourage the submission phasis on applications that identify products such information from awardees as is necessary of applications for support of nanotechnology and services that may enhance the development to assess the SBIR program, including informa- related projects to such program.’’. of cures and therapies. tion necessary to maintain the database de- (b) SUNSET.—Effective October 1, 2014, sub- ‘‘(2) EXAMINATION OF COMMERCIALIZATION scribed in subsection (k), including— section (ff) of the Small Business Act, as added AND OTHER METRICS.—The advisory board shall ‘‘(A) whether an awardee— by subsection (a) of this section, is repealed. evaluate the implementation of the requirement ‘‘(i) has venture capital or is majority owned and controlled by multiple venture capital firms, SEC. 207. ACCELERATING CURES. under paragraph (1) by examining increased and, if so— The Small Business Act (15 U.S.C. 631 et seq.) commercialization and other metrics, to be deter- ‘‘(I) the amount of venture capital that the is amended— mined and collected by the SBIR program of the (1) by redesignating section 44 as section 45; NIH. awardee has received as of the date of the and ‘‘(3) PHASE I AND II.—To the greatest extent award; and (2) by inserting after section 43 the following: practicable, the Director of the SBIR program of ‘‘(II) the amount of additional capital that the awardee has invested in the SBIR tech- ‘‘SEC. 44. SMALL BUSINESS INNOVATION RE- the NIH shall reduce the time period between SEARCH PROGRAM. Phase I and Phase II funding of grants and nology; ‘‘(a) NIH CURES PILOT.— contracts under the SBIR program of the NIH to ‘‘(ii) has an investor that— ‘‘(1) ESTABLISHMENT.—An independent advi- 6 months. ‘‘(I) is an individual who is not a citizen of sory board shall be established at the National ‘‘(f) LIMIT.—Not more than a total of 1 per- the United States or a lawful permanent resi- Academy of Sciences (in this section referred to cent of the extramural budget (as defined in sec- dent of the United States, and if so, the name of as the ‘advisory board’) to conduct periodic tion 9 of the Small Business Act (15 U.S.C. 638)) any such individual; or evaluations of the SBIR program (as that term of the NIH for research or research and develop- ‘‘(II) is a person that is not an individual and is defined in section 9) of each of the National ment may be used for the pilot program under is not organized under the laws of a State or the Institutes of Health (referred to in this section subsection (c) and to carry out subsection (e). United States, and if so the name of any such as the ‘NIH’) institutes and centers for the pur- ‘‘(g) SUNSET.—This section shall cease to be person; pose of improving the management of the SBIR effective on the date that is 5 years after the ‘‘(iii) is owned by a woman or has a woman program through data-driven assessment. date of enactment of the SBIR/STTR Reauthor- as a principal investigator; ‘‘(2) MEMBERSHIP.— ization Act of 2009.’’. ‘‘(iv) is owned by a socially or economically ‘‘(A) IN GENERAL.—The advisory board shall TITLE III—OVERSIGHT AND EVALUATION disadvantaged individual or has a socially or economically disadvantaged individual as a consist of— SEC. 301. STREAMLINING ANNUAL EVALUATION ‘‘(i) the Director of the NIH; REQUIREMENTS. principal investigator; ‘‘(ii) the Director of the SBIR program of the Section 9(b) of the Small Business Act (15 ‘‘(v) received assistance under the FAST pro- NIH; U.S.C. 638(b)), as amended by section 102 of this gram under section 34 or the outreach program ‘‘(iii) senior NIH agency managers, selected by Act, is amended— under subsection (s); the Director of NIH; (1) in paragraph (7)— ‘‘(vi) is a faculty member or a student of an ‘‘(iv) industry experts, selected by the Council (A) by striking ‘‘STTR programs, including institution of higher education, as that term is of the National Academy of Sciences in con- the data’’ and inserting the following: ‘‘STTR defined in section 101 of the Higher Education sultation with the Associate Administrator for programs, including— Act of 1965 (20 U.S.C. 1001); or Technology of the Administration and the Di- ‘‘(A) the data’’; ‘‘(vii) is located in a State described in sub- rector of the Office of Science and Technology (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), the section (u)(3); and Policy; and number’’ and all that follows through ‘‘under ‘‘(B) a justification statement from the agen- ‘‘(v) owners or operators of small business each of the SBIR and STTR programs, and a cy, if an awardee receives an award in an concerns that have received an award under the description’’ and inserting the following: ‘‘(g)(8) amount that is more than the award guidelines SBIR program of the NIH, selected by the Asso- and (o)(9); and under this section;’’; and ciate Administrator for Technology of the Ad- ‘‘(B) the number of proposals received from, (4) in paragraph (10), as so redesignated, by ministration. and the number and total amount of awards to, adding ‘‘and’’ at the end.

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\CR\FM\A15DE7.031 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8395 SEC. 303. DATA COLLECTION FROM AGENCIES ‘‘(v) is owned by a faculty member or a stu- and the Committee on Small Business of the FOR STTR. dent of an institution of higher education, as House of Representatives regarding the audit Section 9(o) of the Small Business Act (15 that term is defined in section 101 of the Higher conducted under paragraph (1), including the U.S.C. 638(o)) is amended— Education Act of 1965 (20 U.S.C. 1001).’’. assessments required under subparagraphs (B) (1) by striking paragraph (9) and inserting the SEC. 305. GOVERNMENT DATABASE. and (C), and the determination made under sub- following: Section 9(k)(2) of the Small Business Act (15 paragraph (D) of paragraph (1). ‘‘(9) collect annually, and maintain in a com- (b) DEFINITION OF APPLICABLE PERIOD.—In mon format in accordance with the simplified U.S.C. 638(k)(2)) is amended— (1) by redesignating subparagraphs (C), (D), this section, the term ‘‘applicable period’’ reporting requirements under subsection (v), and (E) as subparagraphs (D), (E), and (F), re- means— such information from applicants and awardees spectively; (1) for the first report submitted under this as is necessary to assess the STTR program out- (2) by inserting after subparagraph (B) the section, the period beginning on October 1, 2000, puts and outcomes, including information nec- following: and ending on September 30 of the last full fis- essary to maintain the database described in ‘‘(C) includes, for each awardee— cal year before the date of enactment of this Act subsection (k), including— ‘‘(i) the name, size, location, and any identi- for which information is available; and ‘‘(A) whether an applicant or awardee— fying number assigned to the awardee by the (2) for the second and each subsequent report ‘‘(i) has venture capital or is majority owned submitted under this section, the period— and controlled by multiple venture capital firms, Administrator; ‘‘(ii) whether the awardee has venture capital, (A) beginning on October 1 of the first fiscal and, if so— year after the end of the most recent full fiscal ‘‘(I) the amount of venture capital that the and, if so— year relating to which a report under this sec- applicant or awardee has received as of the date ‘‘(I) the amount of venture capital as of the date of the award; tion was submitted; and of the application or award, as applicable; and (B) ending on September 30 of the last full fis- ‘‘(II) the amount of additional capital that ‘‘(II) the percentage of ownership of the cal year before the date of the report. the applicant or awardee has invested in the awardee held by a venture capital firm, includ- SBIR technology; ing whether the awardee is majority owned and SEC. 307. CONTINUED EVALUATION BY THE NA- ‘‘(ii) has an investor that— controlled by multiple venture capital firms; and TIONAL ACADEMY OF SCIENCES. ‘‘(I) is an individual who is not a citizen of ‘‘(III) the amount of additional capital that Section 108 of the Small Business Reauthor- the United States or a lawful permanent resi- the awardee has invested in the SBIR tech- ization Act of 2000 (15 U.S.C. 638 note) is amend- dent of the United States, and if so, the name of nology, which information shall be collected on ed by adding at the end the following: any such individual; or an annual basis; ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AU- ‘‘(II) is a person that is not an individual and ‘‘(iii) the names and locations of any affiliates THORITY.— is not organized under the laws of a State or the of the awardee; ‘‘(1) IN GENERAL.—Not later than 6 months United States, and if so the name of any such ‘‘(iv) the number of employees of the awardee; after the date of enactment of the SBIR/STTR person; ‘‘(v) the number of employees of the affiliates Reauthorization Act of 2009, the head of each ‘‘(iii) is owned by a woman or has a woman of the awardee; and agency described in subsection (a), in consulta- as a principal investigator; ‘‘(vi) the names of, and the percentage of tion with the Small Business Administration, ‘‘(iv) is owned by a socially or economically ownership of the awardee held by— shall cooperatively enter into an agreement with disadvantaged individual or has a socially or ‘‘(I) any individual who is not a citizen of the the National Academy of Sciences for the Na- economically disadvantaged individual as a United States or a lawful permanent resident of tional Research Council to conduct a study de- principal investigator; the United States; or scribed in subsection (a)(1) and make rec- ‘‘(v) received assistance under the FAST pro- ‘‘(II) any person that is not an individual and ommendations described in subsection (a)(2) not gram under section 34 or the outreach program is not organized under the laws of a State or the later than 4 years after the date of enactment of under subsection (s); United States;’’; and the SBIR/STTR Reauthorization Act of 2009, ‘‘(vi) is a faculty member or a student of an (3) in subparagraph (D), as so redesignated— and every 4 years thereafter. institution of higher education, as that term is (A) in clause (ii), by striking ‘‘and’’ at the ‘‘(2) REPORTING.—An agreement under para- defined in section 101 of the Higher Education end; and graph (1) shall require that not later than 4 Act of 1965 (20 U.S.C. 1001); or (B) by adding at the end, the following: years after the date of enactment of the SBIR/ ‘‘(vii) is located in a State in which the total ‘‘(iv) whether the applicant was majority STTR Reauthorization Act of 2009, and every 4 value of contracts awarded to small business owned and controlled by multiple venture cap- years thereafter, the National Research Council concerns under all STTR programs is less than ital firms; and shall submit to the head of the agency entering the total value of contracts awarded to small ‘‘(v) the number of employees of the appli- into the agreement, the Committee on Small business concerns in a majority of other States, cant;’’. Business and Entrepreneurship of the Senate, as determined by the Administrator in biennial SEC. 306. ACCURACY IN FUNDING BASE CALCULA- and the Committee on Small Business of the fiscal years, beginning with fiscal year 2008, TIONS. House of Representatives a report regarding the based on the most recent statistics compiled by (a) IN GENERAL.—Not later than 1 year after study conducted under paragraph (1) and con- the Administrator; and the date of enactment of this Act, and every 3 taining the recommendations described in para- ‘‘(B) if an awardee receives an award in an years thereafter, the Comptroller General of the graph (1).’’. amount that is more than the award guidelines United States shall— SEC. 308. TECHNOLOGY INSERTION REPORTING under this section, a statement from the agency (1) conduct a fiscal and management audit of REQUIREMENTS. that justifies the award amount;’’; the SBIR program and the STTR program for Section 9 of the Small Business Act (15 U.S.C. (2) in paragraph (14), by adding ‘‘and’’ at the the applicable period to— 638), as amended by this Act, is amended by end; (A) determine whether Federal agencies com- adding at the end the following: (3) by striking paragraph (15); and ply with the expenditure amount requirements ‘‘(gg) PHASE III REPORTING.—The annual (4) by redesignating paragraph (16) as para- under subsections (f)(1) and (n)(1) of section 9 of SBIR or STTR report to Congress by the Admin- graph (15). the Small Business Act (15 U.S.C. 638), as istration under subsection (b)(7) shall include, SEC. 304. PUBLIC DATABASE. amended by this Act; for each Phase III award made by the Federal Section 9(k)(1) of the Small Business Act (15 (B) assess the extent of compliance with the agency— U.S.C. 638(k)(1)) is amended— requirements of section 9(i)(2) of the Small Busi- ‘‘(1) the name of the agency or component of (1) in subparagraph (D), by striking ‘‘and’’ at ness Act (15 U.S.C. 638(i)(2)) by Federal agencies the agency or the non-Federal source of capital the end; participating in the SBIR program or the STTR (2) in subparagraph (E), by striking the period making the Phase III award; program and the Administration; at the end and inserting ‘‘; and’’; and ‘‘(2) the name of the small business concern or (3) by adding at the end the following: (C) assess whether it would be more consistent individual receiving the Phase III award; and ‘‘(F) for each small business concern that has and effective to base the amount of the alloca- ‘‘(3) the dollar amount of the Phase III received a Phase I or Phase II SBIR or STTR tions under the SBIR program and the STTR award.’’. award from a Federal agency, whether the small program on a percentage of the research and de- SEC. 309. INTELLECTUAL PROPERTY PROTEC- business concern— velopment budget of a Federal agency, rather TIONS. ‘‘(i) has venture capital and, if so, whether than the extramural budget of the Federal agen- (a) IN GENERAL.—The Comptroller General of the small business concern is registered as ma- cy; and the United States shall conduct a study of the jority owned and controlled by multiple venture (D) determine the portion of the extramural SBIR program to assess whether— capital companies as required under subsection research or research and development budget of (1) Federal agencies comply with the data (cc)(3); a Federal agency that each Federal agency rights protections for SBIR awardees and the ‘‘(ii) is owned by a woman or has a woman as spends for administrative purposes relating to technologies of SBIR awardees under section 9 a principal investigator; the SBIR program or STTR program, and for of the Small Business Act (15 U.S.C. 638); ‘‘(iii) is owned by a socially or economically what specific purposes, including the portion, if (2) the laws and policy directives intended to disadvantaged individual or has a socially or any, of such budget the Federal agency spends clarify the scope of data rights, including in economically disadvantaged individual as a for salaries and expenses, travel to visit appli- prototypes and mentor-prote´ge´ relationships principal investigator; cants, outreach events, marketing, and tech- and agreements with Federal laboratories, are ‘‘(iv) received assistance under the FAST pro- nical assistance; and sufficient to protect SBIR awardees; and gram under section 34 or the outreach program (2) submit a report to the Committee on Small (3) there is an effective grievance tracking under subsection (s); or Business and Entrepreneurship of the Senate process for SBIR awardees who have grievances

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6333 E:\CR\FM\A15DE7.031 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8396 CONGRESSIONAL RECORD — HOUSE December 15, 2010 against a Federal agency regarding data rights ‘‘(ii) the Committee on Small Business and the (B) That the Department of Defense has pre- and a process for resolving those grievances. Committee on Science and Technology of the pared the necessary policies and regulations to (b) REPORT.—Not later than 18 months after House of Representatives.’’. exercise the discretion provided by the amend- the date of enactment of this Act, the Comp- SEC. 404. COMPETITIVE SELECTION PROCEDURES ments made by subsection (f). troller General shall submit to the Committee on FOR SBIR AND STTR PROGRAMS. (C) That the implementation of necessary poli- Small Business and Entrepreneurship of the Section 9 of the Small Business Act (15 U.S.C. cies and regulations pursuant to the discretion Senate and the Committee on Small Business of 638), as amended by this Act, is amended by provided by the amendments made by subsection the House of Representatives a report regarding adding at the end the following: (f) is consistent with the standards of military the study conducted under subsection (a). ‘‘(jj) COMPETITIVE SELECTION PROCEDURES readiness, military effectiveness, unit cohesion, TITLE IV—POLICY DIRECTIVES FOR SBIR AND STTR PROGRAMS.—All funds and recruiting and retention of the Armed SEC. 401. CONFORMING AMENDMENTS TO THE awarded, appropriated, or otherwise made Forces. SBIR AND THE STTR POLICY DIREC- available in accordance with subsection (f) or (c) NO IMMEDIATE EFFECT ON CURRENT POL- TIVES. (n) must be awarded pursuant to competitive ICY.—Section 654 of title 10, United States Code, (a) IN GENERAL.—Not later than 180 days and merit-based selection procedures.’’. shall remain in effect until such time that all of after the date of enactment of this Act, the Ad- MOTION TO CONCUR the requirements and certifications required by ministrator shall promulgate amendments to the The SPEAKER pro tempore. The subsection (b) are met. If these requirements and SBIR Policy Directive and the STTR Policy Di- certifications are not met, section 654 of title 10, Clerk will designate the motion. United States Code, shall remain in effect. rective to conform such directives to this Act The text of the motion is as follows: and the amendments made by this Act. (d) BENEFITS.—Nothing in this section, or the (b) PUBLISHING SBIR POLICY DIRECTIVE AND Mrs. Davis of California moves that the amendments made by this section, shall be con- THE STTR POLICY DIRECTIVE IN THE FEDERAL House concur in the Senate amendment to strued to require the furnishing of benefits in REGISTER.—Not later than 180 days after the H.R. 2965 with an amendment. violation of section 7 of title 1, United States date of enactment of this Act, the Administrator The text of the amendment is as fol- Code (relating to the definitions of ‘‘marriage’’ shall publish the amended SBIR Policy Directive lows: and ‘‘spouse’’ and referred to as the ‘‘Defense of and the amended STTR Policy Directive in the Marriage Act’’). Amendment: (e) NO PRIVATE CAUSE OF ACTION.—Nothing Federal Register. Strike out all after the enacting clause and in this section, or the amendments made by this SEC. 402. PRIORITIES FOR CERTAIN RESEARCH insert: INITIATIVES. section, shall be construed to create a private SECTION 1. SHORT TITLE. (a) IN GENERAL.—Section 9 of the Small Busi- cause of action. ness Act (15 U.S.C. 638), as amended by this Act, This Act may be cited as the ‘‘Don’t Ask, (f) TREATMENT OF 1993 POLICY.— is amended by adding at the end the following: Don’t Tell Repeal Act of 2010’’. (1) TITLE 10.—Upon the effective date estab- ‘‘(hh) RESEARCH INITIATIVES.—To the extent SEC. 2. DEPARTMENT OF DEFENSE POLICY CON- lished by subsection (b), chapter 37 of title 10, that such projects relate to the mission of the CERNING HOMOSEXUALITY IN THE United States Code, is amended— Federal agency, each Federal agency partici- ARMED FORCES. (A) by striking section 654; and pating in the SBIR program or STTR program (a) COMPREHENSIVE REVIEW ON THE IMPLE- (B) in the table of sections at the beginning of shall encourage the submission of applications MENTATION OF A REPEAL OF 10 U.S.C. 654.— such chapter, by striking the item relating to (1) IN GENERAL.—On March 2, 2010, the Sec- for support of projects relating to security, en- section 654. retary of Defense issued a memorandum direct- ergy, transportation, or improving the security (2) CONFORMING AMENDMENT.—Upon the ef- ing the Comprehensive Review on the Implemen- and quality of the water supply of the United fective date established by subsection (b), sec- tation of a Repeal of 10 U.S.C. 654 (section 654 States to such program.’’. tion 571 of the National Defense Authorization (b) SUNSET.—Effective October 1, 2014, section of title 10, United States Code). Act for Fiscal Year 1994 (10 U.S.C. 654 note) is 9(hh) of the Small Business Act, as added by (2) OBJECTIVES AND SCOPE OF REVIEW.—The amended by striking subsections (b), (c), and subsection (a) of this section, is repealed. Terms of Reference accompanying the Sec- (d). retary’s memorandum established the following SEC. 403. REPORT ON SBIR AND STTR PROGRAM objectives and scope of the ordered review: The SPEAKER pro tempore. Pursu- GOALS. ant to House Resolution 1764, the mo- Section 9 of the Small Business Act (15 U.S.C. (A) Determine any impacts to military readi- 638), as amended by this Act, is amended by ness, military effectiveness and unit cohesion, tion shall be debatable for 1 hour adding at the end the following: recruiting/retention, and family readiness that equally divided and controlled by the ‘‘(ii) ANNUAL REPORT ON SBIR AND STTR may result from repeal of the law and rec- majority leader and the minority lead- ommend any actions that should be taken in PROGRAM GOALS.— er or their respective designees. ‘‘(1) DEVELOPMENT OF METRICS.—The head of light of such impacts. The gentlewoman from California (B) Determine leadership, guidance, and each Federal agency required to participate in (Mrs. DAVIS) and the gentleman from the SBIR program or the STTR program shall training on standards of conduct and new poli- California (Mr. MCKEON) each will con- develop metrics to evaluate the effectiveness, cies. and the benefit to the people of the United (C) Determine appropriate changes to existing trol 30 minutes. States, of the SBIR program and the STTR pro- policies and regulations, including but not lim- The Chair recognizes the gentle- gram of the Federal agency that— ited to issues regarding personnel management, woman from California. leadership and training, facilities, investiga- ‘‘(A) are science-based and statistically driv- GENERAL LEAVE tions, and benefits. en; Mrs. DAVIS of California. Mr. Speak- ‘‘(B) reflect the mission of the Federal agency; (D) Recommend appropriate changes (if any) and to the Uniform Code of Military Justice. er, I ask unanimous consent that all ‘‘(C) include factors relating to the economic (E) Monitor and evaluate existing legislative Members may have 5 legislative days impact of the programs. proposals to repeal 10 U.S.C. 654 and proposals in which to revise and extend their re- ‘‘(2) EVALUATION.—The head of each Federal that may be introduced in the Congress during marks and in which to insert extra- agency described in paragraph (1) shall conduct the period of the review. neous material in the RECORD on the an annual evaluation using the metrics devel- (F) Assure appropriate ways to monitor the bill. workforce climate and military effectiveness oped under paragraph (1) of— The SPEAKER pro tempore. Is there ‘‘(A) the SBIR program and the STTR pro- that support successful follow-through on imple- gram of the Federal agency; and mentation. objection to the request of the gentle- ‘‘(B) the benefits to the people of the United (G) Evaluate the issues raised in ongoing liti- woman from California? States of the SBIR program and the STTR pro- gation involving 10 U.S.C. 654. There was no objection. gram of the Federal agency. (b) EFFECTIVE DATE.—The amendments made Mrs. DAVIS of California. Mr. Speak- ‘‘(3) REPORT.— by subsection (f) shall take effect 60 days after er, I yield myself such time as I may ‘‘(A) IN GENERAL.—The head of each Federal the date on which the last of the following oc- consume. curs: agency described in paragraph (1) shall submit Mr. Speaker, I rise in support of re- to the appropriate committees of Congress and (1) The Secretary of Defense has received the the Administrator an annual report describing report required by the memorandum of the Sec- pealing Don’t Ask, Don’t Tell. Condi- in detail the results of an evaluation conducted retary referred to in subsection (a). tions for repeal have been met, due under paragraph (2). (2) The President transmits to the congres- diligence has been done, and the time ‘‘(B) PUBLIC AVAILABILITY OF REPORT.—The sional defense committees a written certifi- to act is here. Regardless of what crit- head of each Federal agency described in para- cation, signed by the President, the Secretary of ics say, the issue before us has been de- graph (1) shall make each report submitted Defense, and the Chairman of the Joint Chiefs bated in Congress and reviewed by the under subparagraph (A) available to the public of Staff, stating each of the following: Department of Defense. In fact, Mr. (A) That the President, the Secretary of De- online. Speaker, Members of the House have ‘‘(C) DEFINITION.—In this paragraph, the term fense, and the Chairman of the Joint Chiefs of ‘appropriate committees of Congress’ means— Staff have considered the recommendations con- debated repeal for some time. ‘‘(i) the Committee on Small Business and En- tained in the report and the report’s proposed My subcommittee held hearings on trepreneurship of the Senate; and plan of action. the issue. The first of those hearings

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.031 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8397 was on July 23, 2008, actually 15 years large. What is that? It is love of their we all ought to pay serious attention after the decision had originally been country. It is honor. It is respect. It is to when we are fighting two wars. made, and the second hearing on March integrity and service over self. In the Beyond that, Mr. MURPHY brings this 3, 2010. Every Member of this body was words of one gay servicemember, re- bill to the floor in complete disregard welcome to attend, though few Repub- peal would simply ‘‘take the knife out for the concerns of those actually in licans actually made the effort to be of my back. You have no idea what it the combat arms. As we now know: there at that time. For those of you is like to have to serve in silence.’’ ‘‘The percentage of the overall U.S. who weren’t there, the takeaway from If we miss this opportunity to repeal military that predicts negative or very these hearings was that the current this law, history will judge us poorly negative effects on their units’ ability policy does not work for our Armed for the damage we have done to our Na- to ‘work together to get the job done’ Forces and is inconsistent with Amer- tion and our military. I urge Members is 30 percent; the percentage for the ican values. Next, this House approved of this House to be on the right side of Marine Corps is 43 percent, 48 percent language identical to what is before us history and help end Don’t Ask, Don’t within Army combat units, and 58 per- today as part of a National Defense Au- Tell. cent within Marine combat units.’’ thorization Act. And, finally, Mr. I reserve the balance of my time. If there is any doubt about where the Speaker, the DOT completed its study Mr. MCKEON. I yield myself such service chiefs stand, here is what they on implementing repeal, confirming time as I may consume. told the other body. our troops are ready for repeal. Mr. Speaker, here we go again. The General Casey, the Army Chief of Seventy percent of the force said Speaker has decided once more to sub- Staff said, ‘‘I think it’s important that that repealing Don’t Ask, Don’t Tell vert regular order in the waning mo- we’re clear about the military risks. will have a positive, a mixed, or no ef- ments of this Congress and bring to the Implementation of the repeal of Don’t fect on our military. Seventy-four per- floor, without consideration by the Ask, Don’t Tell would be a major cul- cent of spouses said that open service House Armed Services Committee, a tural and policy change in the middle would not change their support for repeal of Don’t Ask, Don’t Tell. Now, of a war. It would be implemented by a their spouse staying in the military. anyone who was listening earlier to the force and leaders that are already And 92 percent of uniformed personnel Clerk read the bill that we’re dis- stretched by the cumulative effects of who believe they have served with a cussing, it is titled: To amend the almost a decade of war and by a force gay servicemember in the past said Small Business Act with respect to the in which substantial numbers of sol- their unit’s ability to work together Small Business Innovation Research diers perceive that repeal will have a was ‘‘very good.’’ Eighty-nine percent Program and the Small Business Tech- negative impact on unit effectiveness of our warriors on the front line said nology Transfer Program. Now, if and morale, and that implementation the same. In short, servicemembers and you’re confused, what they have done will be difficult. their spouses have essentially the same is taken this bill that has passed, ‘‘I believe that the implementation view as the American public: Men and stripped out what is in it, and put in of repeal in the near term will: one, add women in uniform who are gay should Don’t Ask, Don’t Tell. another level of stress to an already be allowed to serve openly. So today, we will debate this stand- stretched force; two, be more difficult And I want to add, Mr. Speaker, that alone measure as a priority when we in our combat arms units; and, three, our top civilian and military officials don’t even have a National Defense Au- be more difficult for the Army than the agree with the American people. Sec- thorization Act for 2011. The other report suggests. retary of Defense Gates has clearly body cannot get its work done on that ‘‘My recommendation would be that stated that, with careful preparation, bill because the leadership there placed implementation begins when our sin- repeal poses a low risk to the readiness a higher priority on repeal of Don’t gular focus is no longer on combat op- and effectiveness of our forces. Admiral Ask, Don’t Tell to satisfy a Democratic erations or preparing units for combat. Mullen shares that view. In fact, Sec- liberal agenda than on passing a bill I would not recommend going forward retary Gates’ biggest concern is if Con- designed to meet the broad needs and at this time given everything that the gress doesn’t act to repeal, then he requirements of our national defense, Army has on its plate.’’ points out the courts will impose this as well as those men and women serv- The commandant of the Marine change on the Department of Defense, ing in harm’s way. Where are the Dem- Corps, General James Amos, said, ‘‘If leaving little or no time to prepare and ocrat priorities? Certainly not with the law is changed, it has strong poten- implement the transition plan prop- overall national security. tial for disruption at the small unit level as it will no doubt divert leader- erly. 1530 Now, it is true that the military b ship attention away from an almost service chiefs have reservations about So now we are here to consider the singular focus on preparing units for the timing of repeal, but they all be- bill by Representative MURPHY. It combat. lieve that the language has adequate comes to the floor without the com- ‘‘Based on what I know about the safeguards and, when implemented cor- mittee of jurisdiction being able to for- very tough fight in Afghanistan, the al- rectly, repeal can be done and effec- mally examine the issues raised by the most singular focus of our combat tively managed. They acknowledge recent DOD report and without the forces as they train up and deploy to that leadership at all levels will be ability to question witnesses who the theater, the necessary tightly key. And I have great confidence, Mr. would have to implement the repeal. woven culture of those combat forces Speaker, in the leaders who are serving Essentially, the high-handed actions of that we are asking so much of at this in our military and their profes- the Speaker forcing this bill to the time and, finally, the direct feedback sionalism. After all, we trust them floor deny the House an ability to as- from the survey, my recommendation with decisions about our Nation’s safe- sess the conflicting testimony and con- is that we should not implement repeal ty. We can trust them to put this tran- clusions that have been rendered by at this time. sition into practice in a way that ad- the report. ‘‘What I would want to have with re- dresses the needs of our force. But we So I rise in strong opposition to Mr. gards to implementation would be a pe- cannot begin this new challenge until MURPHY’s bill. He and the House lead- riod of time where our marines are no we repeal Don’t Ask, Don’t Tell. ership behind him bring it to the floor longer focused primarily on combat. Mr. Speaker, change is never easy, in complete disregard for the testi- All I am asking is for the opportunity but it is rarely as necessary as it is mony of three of the four service chiefs to implement repeal at a time and today. In addition to clear statistics in and their warning that implementing choosing when my marines are not sin- favor of repeal, the survey responses repeal now will have a negative impact gularly, tightly focused on what got to what is at the heart of this on combat readiness. they’re doing in a very deadly environ- issue—fairness. Let me repeat that: three of the four ment.’’ Gay and lesbian personnel have the service chiefs warn that implementing Just yesterday, General Amos made same values, the same values toward repeal now will have a negative impact clear just how strongly he feels about their service as servicemembers at on combat readiness. This is something the threat that repeal poses to marines

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.080 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8398 CONGRESSIONAL RECORD — HOUSE December 15, 2010 in combat, warning ‘‘that a change in our Nation. Repealing the discrimina- In May, with an over 40-vote major- current policy could pose a deadly dis- tory Don’t Ask, Don’t Tell policy will ity, this House of Representatives traction on the Afghanistan battle- honor the service and sacrifices of all passed legislation to end this discrimi- field. I don’t want to lose any marines who have dedicated their lives to pro- natory policy. It was a proud day for so to a distraction,’’ Amos said in a tecting the American people. many of us in the House, and today, by roundtable discussion with journalists We know that our first responsibility acting again, it is my hope that we will at the Pentagon. as elected officials is to take an oath of encourage the Senate to take long Air Force Chief of Staff, General Nor- office to protect and defend. Our first overdue action. man Schwartz, said, ‘‘I do not agree responsibility is to protect the Amer- America has always been the land of with the study assessment that the ican people, to keep them safe; and we the free and the home of the brave. We short-term risk to military effective- should honor the service of all who are so because our brave men and ness is low. Our officer and NCO leaders want to contribute to that security. women in uniform protect us. Let us in Afghanistan in particular are car- As Admiral Mullen, the current honor their sacrifice, their service, rying a heavy load. I remain concerned Chairman of the Joint Chiefs, said on their patriotism by recommitting to with the study assessment that the this issue of Don’t Ask, Don’t Tell, ‘‘It the values that they fight for on the risk of repeal of military effectiveness is my personal belief that allowing battlefield. in Afghanistan is low. That assessment gays and lesbians to serve openly I urge my colleagues to end discrimi- is too optimistic. I suggested that per- would be the right thing to do. We have nation wherever it exists in our coun- haps full implementation could occur in place a policy which forces young try. I urge them to end discrimination in 2012, but I do not think it prudent to men and women to lie about who they in the military, to make America safer. seek full implementation in the near are in order to defend their fellow citi- Mr. MCKEON. Mr. Speaker, I yield 2 term. I think that is too risky.’’ zens. For me, personally,’’ he said, ‘‘it minutes to the gentleman from South These are three of our four Chiefs of comes down to integrity—theirs as in- Carolina (Mr. WILSON), the ranking Staff. dividuals and ours as institutions.’’ member on the Military Personnel I strongly believe that we ought to Seventeen years ago, in 1993, many of Subcommittee. listen closely to the concerns of the us were on the floor of the House. I had Mr. WILSON of South Carolina. Mr. service chiefs if for no other reason the privilege of speaking, calling on Speaker, first off, in the final days of than they are closer to the sense and the President to act definitively to lift the lame duck Congress, I’m grateful pulse of their services than are the Sec- the ban that keeps patriotic Americans to join with Ranking Member BUCK retary of Defense or the Chairman of from serving in the U.S. Armed Forces MCKEON of California to be concerned the Joint Chiefs. Moreover, I also be- because of their sexual orientation. In- that this outgoing majority has placed lieve that we should do nothing at this stead, we enacted the unfortunate a higher priority on repealing Don’t time to threaten the readiness of the Don’t Ask, Don’t Tell policy that has Ask, Don’t Tell than actually passing soldiers, sailors, airmen, and marines resulted in more than 13,000 men and the National Defense Authorization who are at the tip of the spear, fighting women in uniform being discharged Act for fiscal year 2011. The Defense America’s two wars. So I urge all Mem- from the military. Thousands more authorization bill is crucial for our na- bers to vote ‘‘no’’ on the Murphy bill. have decided not to reenlist. Fighter tional security concerns and the wel- I reserve the balance of my time. pilots, infantry officers, Arabic trans- fare of our troops and their families Mrs. DAVIS of California. I just want lators, and other specialists have been and our veterans, and has passed for 48 to remind my colleague that it is not discharged at a time when our Nation consecutive years in some form. until the Secretary, the Chairman of is fighting two wars. Secondly, as the son of a World War the Joint Chiefs, and the President ac- Don’t Ask, Don’t Tell doesn’t con- II veteran and as a 31-year veteran of tually certify that the military is pre- tribute to our national security, and it the Army myself, and as the proud fa- pared to move forward. There is no de- contravenes our American values. That ther of four sons currently serving in fined timeline that this, in fact, would is why the support for its repeal has the military, I oppose attempts to re- go forward. come from every corner of our country. peal Don’t Ask, Don’t Tell in the wan- Mr. Speaker, I yield 1 minute to my Just today, ABC News and The Wash- ing days of this lame duck Congress. friend and colleague, the distinguished ington Post released a poll showing The service chiefs have urged caution Speaker of the House of Representa- that eight in 10 Americans say gays because of the strenuous demands tives, the gentlewoman from California and lesbians who do publicly disclose placed on our forces by the wars in Af- (Ms. PELOSI). their sexual orientation should be al- ghanistan and Iraq. Ms. PELOSI. I thank the gentlelady lowed to serve in the military. In fact, the Army Chief of Staff Gen- from California, the distinguished eral George Casey, who I trained with chair of the subcommittee on this im- b 1540 at Indiantown Gap, Pennsylvania, said portant issue, for her leadership on Recently, the Department of Defense the following: I would not recommend ending discrimination in how we defend issued its report about the impact of going forward at this time given every- our country. repealing the discriminatory policy, thing that the Army has on its plate. I I want to salute STENY HOYER, our and as the gentlelady from California, believe that it would increase the risk distinguished Democratic leader, for Congresswoman DAVIS, has said, the to our soldiers, particularly on our sol- bringing this bill to the floor expedi- action that we took earlier on the DOD diers that are deployed in combat. tiously. It has been a long time in com- bill was an action predicated on what Commandant of the Marine Corps ing, but now is the time for us to act. that report would say, and that report General James Amos had this to say: If I want to thank BARNEY FRANK, reached the same conclusions that a the law is changed, it has strong poten- JARED POLIS and TAMMY BALDWIN for majority of men and women in uniform tial for disruption at the small unit their leadership, and I particularly and a majority of Americans have level. My recommendation is that we want to acknowledge PATRICK MURPHY. reached: repealing Don’t Ask, Don’t should not implement repeal at this Before Congressman MURPHY came to Tell makes for good public policy—and time. the House, he was a captain in the 82nd a stronger America, I add. Air Force Chief of Staff General Nor- Airborne Division and served as a para- But to do so, to repeal Don’t Ask, man Schwartz: I do not think it pru- trooper in the Iraq war. He understands Don’t Tell, Congress must act quickly. dent to seek full implementation in the the issues of military readiness and has Since courts are now reviewing the near term. I think that is too risky. demonstrated tremendous leadership Don’t Ask, Don’t Tell policy, both Sec- Mr. Speaker, the committees of juris- on the battlefield and on repealing a retary Gates, the Secretary of Defense, diction must have time to examine the policy that does not contribute to our and Chairman Mullen, Chairman of the 370-page Pentagon report on the impact national security. Joint Chiefs, have called for Congress a repeal of Don’t Ask, Don’t Tell has on Mr. Speaker, today we have an oppor- to act on the repeal with urgency so military readiness, recruitment, and tunity to vote once again to close the that they can begin to carry out the re- morale. This attempt to hastily repeal door on a fundamental unfairness in peal in a consistent manner. in the final days of the defeated 111th

VerDate Mar 15 2010 04:59 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.084 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8399 Congress undermines that process, and the time to do it. There may come a b 1550 I urge my colleagues to oppose this leg- time when we can do this in the mili- Now, it would seem to me that, at a islation in favor of hearings next year tary. This is not that time. minimum, we would want to get down on this important issue. Mrs. DAVIS of California. I yield 2 a defense bill before we got into this Mrs. DAVIS of California. I yield 1 minutes to the gentleman from Wash- particular topic. But no. No. Instead, minute to the gentleman from Arkan- ington (Mr. SMITH). we are going to try to impose some- sas, Dr. SNYDER. Mr. SMITH of Washington. Mr. thing when we are fighting two wars. Mr. SNYDER. Mr. Speaker, my 4- Speaker, I rise in strong support of this Now, the fact of the matter is that, year-old, Penn, and his three 2-year-old legislation to repeal the Don’t Ask, in spite of a survey that tried to be bi- brothers, Aubrey, Wyatt and Sullivan, Don’t Tell policy, and just want to ased, you have got the leadership of the like all babies came into a changing make four quick arguments on that. Air Force under General Schwartz, world and a changing America, and First of all to process. This policy leadership of the Army under General yet, in many ways, when it comes to was implemented 17 years ago. We have Casey, and the Marine Corps leadership issues regarding gays and lesbians, studied it and argued about it ever under General Amos all opposing mak- America has already changed. since, particularly in the last 4 years. ing these changes on this instanta- Their first home church would not Under Mrs. DAVIS’ leadership, we have neous basis, imposing this social agen- have thrived without the labor and had hearings and discussions and re- da. So we are kind of experiencing dedication of numerous gay and lesbian ports. To argue that we are rushing something like a solar eclipse, except members. My babies’ child care bene- this and haven’t thought about it com- it’s an eclipse of reason, an eclipse of fited from several loving lesbian cou- pletely misses the point. Argue against common sense. ples who have given their time to help the bill if you want, but don’t hide be- I have three sons that have served in my wife and I raise them. And America hind process. We have studied this to the Marine Corps, two who are cur- benefits from gay and lesbian pilots, death. It is time to act. That’s number rently in the Marines. Let me tell you, doctors, scientists, diplomats, teach- one. even with the somewhat biased survey, ers, police, firemen, EMTs, construc- Number two, gays and lesbians serve 60 percent of the marines said, This is tion workers, many other professions, in the military right now. I doubt you a lousy idea. So why are we, at the end somehow all without distracting each could find a member of the military of the year, when we have no defense other. who doesn’t know a gay or lesbian that bill at all, going to get into some of Implementation by repeal, not by they have served with, and yet some- these social agendas? I don’t think this court case, allows the military to catch how they have functioned and func- is what the American public expects up with the rest of America, and my tioned quite well. This is not intro- Congress to be doing. I don’t think we boys and all American children will be ducing a brand new concept. need an eclipse of reason. the better for it. And third, I want you to think about Mrs. DAVIS of California. I yield 2 Mr. MCKEON. Mr. Speaker, I yield 2 the basic issue that we should always minutes to the gentleman from New minutes at this time to the gentleman consider in the Armed Services Com- Jersey (Mr. ANDREWS). from Maryland (Mr. BARTLETT), the mittee: How do the policies we advance (Mr. ANDREWS asked and was given ranking member on the Air and Land make us safer? How does it make it permission to revise and extend his re- Subcommittee of the Armed Services safer to drive out of the military thou- marks.) Committee. sands of people who are serving and Mr. ANDREWS. Mr. Speaker, in con- Mr. BARTLETT. Thank you for serving our country well? It doesn’t. It sidering their position on this bill, yielding. takes away experience, expertise, and Members should listen to echoes of the You know, one might wonder at our talent at a time when we desperately past, leaders of the present, and con- priorities. For the first time in many, need that. sider some of the voices that have been many years we don’t have time to pass And lastly, the 55 percent of the peo- silenced. In the past, we heard: If we should the defense authorization bill, but we ple in the survey did not offer no opin- end this policy, it would be a tragedy do have time to pull out a very con- ion. They offered the opinion that they of great proportion. I fear such a step, troversial part of that, whose passage did not think it would matter one way if it were carried out, would remove no one will argue will be particularly or the other to repeal that law. So that our armed establishments from the helpful; it just not might be too hurt- 55 percent very clearly has no problem ranks of history’s greatest. ful. Maybe that’s just one more reason with serving with gays and lesbians. Those are the words of a Senator in that our favorable ratings are some- It is way past time to repeal this law, 1948 talking about the racial integra- where between used car salesmen and strengthen our military, and allow tion of the Armed Forces. They have embezzlers. gays and lesbians to serve our country thrived and prospered since that just There’s an old adage that says he and serve it with the bravery that they and correct decision. who frames the question determines have shown along with all others who Listen to this voice: In the almost 17 the answer. I’ve had a graduate course have served in our military. years since Don’t Ask, Don’t Tell was in statistics, and I would certainly not Mr. MCKEON. Mr. Speaker, I yield 2 passed, attitudes and circumstances have reached the conclusion that was minutes to the gentleman from Mis- have changed. I fully support the ap- reached from these studies. Thirty per- souri (Mr. AKIN), the ranking member proach presented by Secretary of De- cent, almost twice that in the marines, on the Seapower Subcommittee of the fense Gates and Admiral Mullen. said this would be a bad idea. Fifteen Armed Services Committee. That is the voice of Colin Powell, re- to 20 percent said it would be a good Mr. AKIN. Mr. Speaker, some years tired Chairman of the Joint Chiefs of idea. You can’t take that 50, 55 percent ago, actually quite a number of years Staff, someone who experienced all of that didn’t have an opinion and say ago, I had an opportunity to witness a the unit leadership that is being talked that it is a good idea. If I was a stat- total solar eclipse. That’s one of those about on the floor this afternoon. istician, I would have reached exactly things that happens very, very rarely, But I would invite the Members to the opposite conclusion. Thirty percent and it was quite interesting. think about the silenced voices, the is a huge number. Today, we are looking at another men and women who lay maimed in You know, no matter what my sexual eclipse of reason that happens very military hospitals who are gays and orientation was, I couldn’t be sup- rarely. For the first time in 48 or 50 lesbians who serve their country and portive of this. We are now fighting years, the Congress has not passed a have been injured in the process, who two wars. Three of the Joint Chiefs defense bill. Now, that’s pretty serious. cannot have a visit from the person have said this would be very disruptive. First time in 48 years, no defense bill they love most in the world because There are a lot of prejudices out there. passed by Congress? And what are we they have had to hide their sexual ori- I might regret those prejudices, but I here today debating? Well, we’re debat- entation. And I would urge the Mem- can’t change the fact that they are out ing the idea of an imposition of some- bers to consider the silenced voices there. This will not be conducive to body’s social agenda that they want to who lay beneath white crosses in Ar- good order and discipline. This is not impose on the military. lington Cemetery and other places of

VerDate Mar 15 2010 05:02 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.086 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8400 CONGRESSIONAL RECORD — HOUSE December 15, 2010 honor around the world who are gays on the battlefield, it does not matter is unnecessary. And to repeal clearly and lesbians who have been dishonored who you love only the flag that you makes a major step toward ending dis- by a practice that says they cannot say serve. Whatever your reason, I urge crimination. who they really are, even though they you, each of you, each of my colleagues The Department of Defense’s own in- love their country so very much. to vote ‘‘yes’’ today, to stand up and ternal survey has contradicted the This is an act of basic decency and vote ‘‘yes.’’ Vote ‘‘yes’’ because it is claim that allowing gays and lesbians justice. It is long overdue. For those the right thing to do. to serve openly would somehow hamper who quarrel with time, I agree with Mr. MCKEON. Mr. Speaker, I yield 2 military readiness. It would not. And their quarrel. This should have been minutes to the gentleman from Ari- my own sense of morality clearly con- done a long time ago. Today is the day zona (Mr. FRANKS), a member of the tradicts the idea that there’s anything to get it done. Vote ‘‘yes.’’ House Armed Services Committee. justifiable about forcing these men and Mr. MCKEON. Mr. Speaker, I yield 2 Mr. FRANKS of Arizona. I thank the women to live in the shadows or to live minutes to the gentleman from Colo- gentleman. a lie just to serve. rado (Mr. LAMBORN), a member of the Mr. Speaker, I believe all of us in this At a time when our Nation’s military House Armed Services Committee. room would agree that we have the needs dedicated Americans to serve, Mr. LAMBORN. Mr. Speaker, I, too, greatest people in our military forces with great professionalism, with all the am concerned that repealing Don’t in the world. They are the most noble years of training that has been in- Ask, Don’t Tell would have a pro- human beings in our society. Of all of vested in them, clearly this is the time foundly negative impact on the readi- the things that people do for their fel- now where we should repeal this policy. ness and effectiveness of our military, low human beings, putting themselves I want to thank Congressman MUR- particularly among our front line com- at risk for the freedom and the happi- PHY for bringing this critical issue to bat forces. ness and the hope of others is the most the floor and urge my fellow Members The survey on repealing Don’t Ask, profound gift that they can give to hu- to support our national security by re- Don’t Tell was fundamentally and fa- manity. And I believe that our first pealing this outdated and damaging tally flawed. Rather than asking the purpose here in this place is to make policy. Mr. MCKEON. Mr. Speaker, I yield 2 question, ‘‘Should the law be re- sure that those who protect freedom minutes to the gentleman from Cali- pealed?’’ the survey presumed the law for the rest of us are the most well would be repealed and asked how our fornia (Mr. HUNTER), a gentleman who equipped, have the most important ma- joined the Marine Corps right after Armed Forces would implement the terials and weapons and capability that presumed change. 9/11, had two deployments to Iraq, one we can possibly give them. in Afghanistan in combat situations. Additionally, the survey itself did re- Now, I know that there are some veal widespread concern about over- We are very proud of this young man. major disagreements on this policy, Mr. HUNTER. I thank the gentleman turning the current law, but it was but the leaders of our military have from California and the ranking mem- largely ignored in the mainstream only asked us one thing, and that is to ber of the Armed Services Committee. press coverage. For example, among give them time to study and to deal Let me start out by just quoting Gen- personnel who said they have served with this in their own way, in a way eral Amos a couple of days ago, who’s with a leader they believed to be gay or that will not be forcing this policy the commandant of the United States lesbian, 91 percent of those who believe upon them in a time of war. And, Mr. Marine Corps on this issue. He said, I that this affected unit morale say that Speaker, I would suggest that we owe don’t want to lose any marines to dis- that impact was mostly negative or them that courtesy. They do not fight traction. I don’t want any marines that mixed. And 67 percent of our frontline because they hate the enemy. They I’m visiting at Bethesda Naval Medical marines in combat arms units predict fight because they love all of us. And if Center with no legs to be the result of working alongside a gay man or lesbian we cannot give them the simple cour- any type of distraction. Mistakes and will have a negative effect on their tesy of giving them the opportunity to distractions cost marine lives. So unit’s effectiveness. We must not ig- deal with this policy in the way that there’s that quote from the com- nore the concerns of our combat they have asked, then I really feel like mandant of the United States Marine troops. we have failed them. Corps. It is irresponsible for Congress to fail Mr. Speaker, I would also say that The marines are in part of the heavi- to pass a defense authorization bill for the military leaders, most of the com- est fight in Afghanistan right now, and the first time in almost 50 years and at manding generals have said that this they were part of the heaviest fight in the last minute attempt to pass a re- will weaken our military, that it will Iraq between 2004 and 2007. peal of Don’t Ask, Don’t Tell to placate reduce the chances of them being able This is not about race. Let me quote some within the Democrat liberal base. to fight and win wars with the least somebody else that we’ve been quoting, The United States military is not the casualties on both sides. I believe that General Colin Powell. General Colin place for social experiments. Congress they are in a position to know whether Powell said, skin color is a benign, should be focused on ensuring that our that’s true or not, Mr. Speaker. And I non-behavioral characteristic. Sexual brave men and women have the re- would just urge this body to give those orientation is perhaps the most pro- sources they need to protect this great who give it all for us the chance to deal found of human behavioral characteris- Nation instead of playing partisan with this in their own way and vote tics. Comparison of the two is a con- games. ‘‘no’’ on this repeal. venient, but invalid, argument. Mrs. DAVIS of California. I yield 1 Mrs. DAVIS of California. I yield 2 It sounds good to make that compari- minute to the gentleman from Georgia minutes to the gentleman from Rhode son, that this is like the civil rights (Mr. LEWIS). Island (Mr. LANGEVIN). movement. The problem is the United Mr. LEWIS of Georgia. Mr. Speaker, (Mr. LANGEVIN asked and was given States military is not the YMCA. It’s I want to thank the gentlewoman for permission to revise and extend his re- something special. And the reason that yielding. marks.) we have the greatest military in the Mr. Speaker, I have just two words world is because of the way that it is for you, my colleagues: Vote ‘‘yes.’’ b 1600 right now. We are not Great Britain. Vote ‘‘yes’’ to end Don’t Ask, Don’t Mr. LANGEVIN. Mr. Speaker, I rise We are not France; we are not Ger- Tell. Vote ‘‘yes’’ for equality. Vote today in strong support of the Don’t many. And the Marine Corps is not the ‘‘yes’’ because discrimination is wrong. Ask, Don’t Tell Repeal Act of 2010. At place, nor is the Army, the Navy, or Vote ‘‘yes’’ because you believe in the no time, and certainly not at this crit- the Air Force the place to have a lib- beloved community. Vote ‘‘yes’’ be- ical juncture, should we be discharging eral crusade to create a utopia of a lib- cause every American deserves the qualified, dedicated servicemembers eral agenda and experiment during right to serve their country. Vote who are willing to defend, serve and wartime while men and women are ‘‘yes’’ because the survey results are sacrifice for our Nation. risking their lives. in, and the military leaders say the The Don’t Ask, Don’t Tell policy is And probably the biggest problem troops are ready. Vote ‘‘yes’’ because, clearly costly, it is ineffective, and it that I have with this repeal is this: the

VerDate Mar 15 2010 05:02 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.088 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8401 Armed Services Committee, in the 2 partisan interests and a closed-minded The SPEAKER pro tempore. The years that I’ve been in Congress—my ideology. time of the gentleman has expired. last tour was in Afghanistan in 2007. The Chairman of the Joint Chiefs of Mr. MCKEON. I yield the gentleman Since I’ve been in Congress we have not Staff, Admiral Mike Mullen testified an additional 30 seconds. had one full committee hearing on that this issue comes down to integ- Mr. FLEMING. The military is in- IEDs, on roadside bombs, the number rity, the integrity of our troops and the deed a unique organization, and that one casualty in Afghanistan. military as an institution. such restrictions, such policies can in- This is a distraction. This is a waste Well, this is also about the integrity deed go forward. of time, and every second I think that of this institution. I would just like to say, in wrapping we spend on this and that Secretary The SPEAKER pro tempore. The up, a couple of important statistics Gates spends on this and that our com- time of the gentleman has expired. that I think should be mentioned, and Mrs. DAVIS of California. I yield the manding generals spend on this issue that is that 60 to 67 percent of Army gentleman an additional 10 seconds. means that we’re not focusing on Mr. PATRICK J. MURPHY of Penn- and Marine combat members said that what’s important, that is, winning the sylvania. This is also about the integ- this would be a major disruption if this mission in Afghanistan and bringing rity of this institution. This vote is were implemented. our men and women home safely. This about whether we’re going to continue Seventeen percent of the spouses said does neither. telling people willing to die for our they would urge their active duty The SPEAKER pro tempore (Mr. freedoms that they need to lie in order member to get out. And that certainly SERRANO). The time of the gentleman to do so. negates the argument that somehow has expired. I urge my colleagues to vote ‘‘yes’’ we would not lose too many soldiers in Mr. MCKEON. I yield the gentleman on repeal. this. an additional minute. Mr. MCKEON. Mr. Speaker, I yield 2 So I urge my colleagues today to Mr. HUNTER. This does not help us minutes to the gentleman from Lou- vote against this. win the mission in Afghanistan. This isiana (Mr. FLEMING), a member of the b 1610 does not bring our men and women House Armed Services Committee. home any faster. It doesn’t keep them Mr. FLEMING. Mr. Speaker, I rise The SPEAKER pro tempore. The safer. It doesn’t build better weapons. today to oppose the repeal of Don’t Chair will note that the gentleman It doesn’t train them any better. It’s Ask, Don’t Tell. This has been the pol- from California has 9 minutes remain- nothing but a distraction right now so icy of the military. It’s worked very ing; the gentlewoman from California we don’t focus on the real issue at well for many years. There’s been a has 131⁄4 minutes remaining. hand, which is winning in Iraq and Af- paucity of study of this, and finally, Mrs. DAVIS of California. I yield 1 ghanistan and bringing our men and when we approach the period in which minute, Mr. Speaker, to the majority women home. That’s what’s important. it was going to be once again brought leader of the House of Representatives, Mrs. DAVIS of California. Mr. Speak- up in Congress, there was a study com- the gentleman from Maryland (Mr. er, I yield 2 minutes to the gentleman missioned which asked questions of HOYER). from Pennsylvania (Mr. MURPHY), who many, many people. However, the Mr. HOYER. I thank the gentle- is the sponsor of the bill. study was flawed from the get-go. First woman for yielding, and I rise in strong Mr. PATRICK J. MURPHY of Penn- of all, it did not ask whether this pol- support of this amendment. sylvania. Mr. Speaker, today we have a icy should be implemented. It asked It is never too late to do the right chance to do what is right, not just for the question how should it be imple- thing. And that is the proposition that gay and lesbian troops serving in our mented. is before this House, the proposition military, but what is right for national I am a physician. I come from a med- that we are going to, as Barry Gold- security. ical background. If ever we try to de- water said, worry about whether people When I deployed to Iraq as a captain termine what the effective way of can shoot straight, not whether they with the 82nd Airborne Division, my treating a disease is, we would never are straight. team and I didn’t care about someone start with the presupposition that this What he meant by that is: Are they else’s sexual orientation. We cared treatment is already the accepted competent? Are they committed? Are whether everyone could do their job so treatment of that. No, in fact we go they patriotic? Are they willing to we could all come home alive. and study that. This was not done. fight? Have they trained well? Are they But let’s talk about the questions a Already, dozens of other nations prepared to defend our country? That little bit in the study, the study that allow their troops to serve openly, in- is the litmus test. came out on November 30, really only a cluding our greatest military allies, Now, that wasn’t always the litmus few days ago. The question is actually Great Britain and Israel, with no detri- test. There were some times when that asked in the survey, it asks active duty group over there could fight over there mental impact on their units’ cohesion. members to actually divine what they It’s an insult to the troops I served and the other group over here could thought was going to happen as a re- with and to all our servicemembers fight over here because, after all, if we sult of this policy. That’s an impos- mixed those groups, it would be dam- fighting in Iraq and Afghanistan to say sibility. that they are somehow less profes- It also sets the stage for social ex- aging to the national security. That sional or as mission capable as the perimentation, a time in which we’re proposition was wrong then and it is members of these foreign militaries. at war, when we have all of the wrong now. Now, we have heard every excuse logistical problems that go on, and yet We passed, some time ago, a defense under the sun. First it was, well, we here we are dropping in the middle of it bill. We passed a defense bill through need to study the issue. Well, the Pen- this bomb of social experimentation. this House. We adopted an amendment tagon finished their study and learned Even in times of peace, when we have to that bill. That bill is still in the what we’ve known all along: repeal will a major deployment, we actually have Senate. It is still in the Senate, very not harm our military’s operation. a mortality rate. People die even when frankly, because the minority party Then it was we need to hear from our we have peaceful exercises. But in a has not allowed it to move. It has the military leaders and our troops. They day when you’re actually at war, just votes to move; it simply doesn’t have have spoken. The Secretary of Defense, think of the additional headaches of all almost two-thirds to move. the Chairman of the Joint Chiefs of of the logistical problems that go along This May, the House approved the re- Staff, the Commander in Chief, and the with implementing such a policy. peal of our Armed Forces’ policy on majority of our troops believe this pol- Then there’s a question of constitu- Don’t Ask, Don’t Tell adopted some 17 icy should go. tionality. Gee, how can we do some- years ago by a vote of 234–194. We voted Enough. Enough of the games. thing with the military that we don’t to end the outdated policy that, frank- Enough of the politics. Our troops are do with people at large? ly, undermines our national security, the best of the best, and they deserve a And the Supreme Court has spoken pending a comprehensive Defense De- Congress that puts their safety and our out on this, and they’ve said that the partment report that would review the collective national security over rigid military is a unique organization. issues associated with implementing

VerDate Mar 15 2010 05:02 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.090 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8402 CONGRESSIONAL RECORD — HOUSE December 15, 2010 repeal and study our troops’ attitudes character, the test of performance, the gest to my friend, it did not. And I tell towards open service. That study was test of compliance with the rules and my friend, for those who believe it will, undertaken. That study has been re- regulations and the laws. That ought I believe this survey indicates the con- ported. That study showed that some 70 to be our test. That certainly is what trary, and I believe the contrary, based percent of the members surveyed said, we expect, I think, of others in judging upon experience, based upon observa- No problem. Not an issue. Again, I am us. tion, and based upon history. worried about somebody who can shoot Despite all of this, the Senate has It is a hard choice, it seems to me, to straight, who has the courage and will- failed to pass the defense authorization reject—to reject—a considered, ingness and the commitment to defend bill. As I said, we passed one last June, thoughtful, planned approach to imple- our country. That, from their perspec- I think. menting a policy that Secretary Gates tive, is the criteria. Above all, we must pass this bill be- and Chairman of the Joint Chiefs That report was released on Novem- cause our choice is between a thought- Mullen believes is going to happen. And ber 30, as I said, and included an ex- ful, responsible repeal plan developed I will tell my friends in this body, my haustive survey of the views of more over months of study or a sudden dis- conversations with Members of the than 115,000 people. ruptive review imposed by the courts. Senate indicate that there are suffi- When we take a poll, you are talking Our military leaders understand that cient numbers in the Senate to pass about 500, maybe 1,000, if it is a big the courts are likely to overturn Don’t this policy. poll, and you rely on that and you Ask, Don’t Tell, and that is exactly More than that, Mr. Speaker, it is make some pretty important decisions why they are urging Congress to pass a time to end a policy of official dis- based upon those polls. You spend legislative solution instead. crimination that has cost America the money based upon those polls. You de- I tell my friends, I talked to Sec- service of some 13,500 men and women cide to run based upon those polls. You retary Gates earlier this week, and he who wore our uniform with honor. decide to emphasize issue A or issue B said, Pass this bill. And he said, Pass They were not discharged because they based upon those polls. And, frankly, in this bill because we need a legislative, did not perform their duties or because some respects, your career depends not a court-imposed, solution. they were not honorable in their serv- upon that. So you rely on those sur- Admiral Mike Mullen, who supports ice; they were discharged simply be- veys. repeal, wants it to come, and I quote, cause they were gay. One of those young men who deserves This survey, 70 percent came to an ‘‘through the same process with which better is a constituent named Ian unambiguous conclusion, quote, ‘‘The the law was enacted rather than pre- Goldin. Actually, he was not dismissed, risk of repeal to overall military effec- cipitously through the courts.’’ but I will tell you his story. He wrote tiveness is low.’’ So I tell my friends that the Chair- to me a compelling letter, and I want Now, I have heard Members on the man of the Joint Chiefs and the Sec- to close with his words: other side of the aisle who have de- retary of Defense, who, by the way, as ‘‘Congressman HOYER, I joined the bated this issue say, Oh, no, that is not we all know, is not of my party, but he Army Reserve Officers’ Training Corps right; and, very frankly, I have heard is not a partisan. He is a promoter of last year after President Obama re- generals quoted. But this is, after all, the military security and welfare of affirmed his campaign pledge to end who the generals are concerned about, the troops. And I refer to Bob Gates, Don’t Ask, Don’t Tell. I have always the people in the field, the men and for whom I think we all have a great known that I wanted to serve my coun- women who are actually in the battle. deal of respect and confidence. try in the Armed Forces, but one thing And they come back and say, No prob- Mr. HUNTER. Mr. Speaker, will the was always holding me back: I’m gay. lem. gentleman yield? ‘‘I’ve been open about that part of Our troops stand with our military Mr. HOYER. I yield to the gentleman my life since high school, and I was not leaders and the vast majority of Ameri- from California. willing to go back into the closet. But cans in calling for repeal. The majority Mr. HUNTER. I thank the gentleman after the President promised to end of them would be baffled by the fear for yielding and for his well thought- Don’t Ask, Don’t Tell, I decided to fi- with which some of my colleagues tar out arguments on this issue. nally join ROTC, hopeful that I would them every time Don’t Ask, Don’t Tell What does the gentleman think not have to hide my sexuality for long. is discussed. about the actual service chiefs, the Ma- I quickly realized that I had made the Some say that our troops are unwill- rine Corps Commandant, the Army right choice. Although I was a new re- ing or apprehensive about serving with Chief of Staff, the actual generals who cruit, I was already in the top of my gays in the military; yet 92 percent of lead the military men and women that class of cadet privates first class in them who have done so have called we speak about, being against the re- land navigation. that experience very good, good, or peal, especially now? ‘‘But it became increasingly difficult neutral. Mr. HOYER. Reclaiming my time, I to hide such an important part of who Now, let me say to my friends on will tell you what I think about that. I am.’’ Because, of course, the policy both sides of the aisle, you are serving Their concern seems to be for the that we have in place asks people to with gays in this body. You are inter- morale of the troops, of the perform- lie. Honor, duty, country. Lying is not facing with gays every day in the staffs ance of the troops, which is exactly a component part of that philosophy. on both sides of this Capitol. You may why we said, and I tell my friend, in But that is what we expect people, if know or you may not know, but dis- May, Let’s ask the troops. And that is they want to serve their country in the abuse yourself of the theory that some- why we surveyed 115,000 of the troops Armed Forces of the United States, to how you are bothered by that, because and said, Is this a problem? And they do. you are not. They serve here with dis- responded, overwhelmingly, it is not a ‘‘After learning about the continual tinction, they serve here with dedica- problem. delays in Congress, I decided I needed tion, and they serve here at no risk to There are some who apparently do to quit ROTC until the ban was re- any one of us or their colleagues either not accept that. I understand the gen- pealed. as employees, as Members, or as visi- tleman. I am not necessarily surprised ‘‘I have spent this past semester tors to this Capitol. There are surely by that. My friend and my colleague, I studying abroad, and I will spend next countless stories that prove that point. don’t know exactly your age. You are semester in Cairo. I have invaluable ex- ‘‘We have gay men and women,’’ one much younger than I am. This is not a perience abroad. I’m an advanced Ara- fighter said, ‘‘in my unit. He is big, he new phenomenon, I tell my young bic speaker. I’m an ‘‘A’’ student at a is mean, and he kills lots of bad guys. friend. top national university. No one cared he was gay.’’ Why? Be- ‘‘Most importantly,’’ he says, ‘‘I want cause what they focused on was wheth- b 1620 to serve my country. When I can serve er or not he did the job, whether he was When we have made changes in the openly, I will finish ROTC and be com- patriotic, committed, and effective. service sector in the past, there had missioned as an officer in the U.S. That is the test. That ought to be the been voices who said this would under- Army. And there are many others like test for every American: the test of mine morale and performance. I sug- me—I’ve met them.’’

VerDate Mar 15 2010 05:02 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.092 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8403 He concluded, ‘‘So please, do what- where. And then let’s find out how to depend on them having their back. ever you can to repeal Don’t Ask, Don’t many thousands or tens of thousands It is as simple as that. Tell.’’ or hundreds of thousands we can lose This is an idea whose time has ex- Ladies and gentlemen, we have an op- with this activity. That is important. pired, like my time is about to expire. portunity to accept those who are will- Now, we were told Don’t Ask, Don’t I urge Members to vote for repeal of ing, those who are able, those who Tell is inconsistent with American val- this act. want to serve their country, yes, in ues. Mr. MCKEON. Mr. Speaker, might I harm’s way. Let us take this action. It The SPEAKER pro tempore. The inquire of the time left on both sides. is the right thing to do and the right time of the gentleman has expired. The SPEAKER pro tempore. The gen- time. Mr. MCKEON. I yield the gentleman tleman has 6 minutes remaining. The In closing, let me say to my friend an additional 1 minute. gentlewoman has 103⁄4 minutes remain- Mr. MCKEON: Mr. MCKEON, when I Mr. GOHMERT. I would submit the ing. ended my debate, when we passed this military is inconsistent with American Mr. MCKEON. Maybe we can even the in May, you will recall you mentioned values. It does not have freedom of time out. General Colin Powell. I did not re- speech, it does not have freedom of as- Mrs. DAVIS of California. Mr. Speak- spond. But as you know, General Colin sembly, it does not have the freedom to er, I yield to the gentlewoman from Powell over these 17 years has changed express its love to those in the military California (Ms. CHU) for the purpose of his perspective. I didn’t respond at that the way you can out here, because it is a unanimous consent request. time to that fact, but he has done so an impediment to the military mis- (Ms. CHU asked and was given per- because he has come to the conclusion sion. You can’t do that. Can you imag- mission to revise and extend her re- that now is the time to act—for our ine military members being able to tell marks.) country, for our principles, and for our their commander what they think of Ms. CHU. I rise in strong support of men and women in the service. him, using freedom of speech, or assem- this bill to repeal the flawed Don’t Mr. MCKEON. Mr. Speaker, I yield 2 bling where they wish? It doesn’t work. Ask, Don’t Tell policy. minutes to the gentleman from Texas So this is one of those issues that is Alexander Nicholson was a bright (Mr. GOHMERT). so personal to the military, we need to young man who joined the Army’s In- Mr. GOHMERT. Mr. Speaker, we have an accurate poll. And to my telligence Unit. He was a great asset, have had a number of questions asked. friend who said history will judge us speaking 5 different languages, includ- One question that we did not just hear poorly, I would submit if you will look ing Arabic. that was expressed as important is, is a thoroughly at history, and I am not One day, a fellow linguist discovered person an impediment to the good saying it is cause and effect, but when a letter he had written to his boy- order and discipline of the military or militaries throughout history of the friend. It was in Portuguese, so he the military’s mission? That is impor- greatest nations in the world have thought no one could understand it. tant. adopted the policy that it is fine for Well, that linguist did and outed him. I heard the Speaker say earlier, in es- homosexuality to be overt, if you can Instead of being discharged, Alexander sence, we need to allow or honor the keep it private and control your hor- resigned . . . 6 months after 9/11 when service of all those who want to serve. mones, fine; if you can’t, that is fine they needed someone with his ability That is not true. Every day people who too, they are toward the end of their the most. want to serve are not allowed to serve existence as a great nation. Since Don’t Ask, Don’t Tell, 13,000 because they will be an impediment. Let’s look at this more carefully be- soldiers have been discharged for no We heard the leader talk about how fore we harm our military. other reason than their sexual orienta- we can work together in this body, Mrs. DAVIS of California. I yield 11⁄2 tion. It has cost over $360 million to re- even though there are homosexuals in minutes to the gentleman from Texas place them, an utter waste of dollars this body. That is right. This isn’t the (Mr. REYES). and talent. That’s why I’ve stopped military, and I can promise you, if peo- Mr. REYES. I thank the gentlelady calling this policy ‘‘Don’t Ask, Don’t ple did some of the things that have for yielding. Tell’’ and instead label it what it really been done by Members of this body, Mr. Speaker, I rise today in support is: ‘‘Doesn’t Work, Never Has.’’ they would never have been allowed of the Don’t Ask, Don’t Tell Repeal Let’s stop this misguided policy from and would not be allowed to continue Act, and I do so as a proud veteran who hurting countless men and women who serving in the military. We have that served in Vietnam a long time ago. I serve our country. Our country should margin to work with here. In the mili- can tell you, gays served proudly in praise the men and women who keep us tary there is the military mission. Vietnam with us, just as gays are serv- safe—not persecute them. There is not that margin to work with. ing in today’s military. But what we Mrs. DAVIS of California. I yield 1 We are talking life and death. are arguing about here is the inconsist- minute to the gentleman from Penn- Now, we have heard, how does it ency of forcing people to lie about who sylvania (Mr. SESTAK). make us safer to lose thousands from they are. Mr. SESTAK. When I arrived off Af- the military? A good question, because I feel strongly that all Americans ghanistan in charge of an aircraft car- the hundreds I have heard from that I that are fit and willing to serve ought rier battle group, I knew as an admiral didn’t bring their quotes down here to have a fair and equal chance to vol- that a certain percentage of that car- have said, you pass this, and I will tell unteer for military service. Lifting the rier battle group in combat was gay. I you personally, but I will not say it in ban to allow our troops to serve openly always wondered how one could come the presence of my commander, you is consistent with the American values home and say they don’t deserve equal pass this, I will not reenlist. I won’t which the previous speaker spoke rights. say it publicly because it may affect about that our military members risk I respect the differing opinion. It was my assignment after that, because we their lives to defend. 5,000 sailors on that aircraft carrier know what this President, this Com- I can attest to the fact. I represent a that I commanded. Their average age is mander in Chief wants, just as does the large military facility in my district, 191⁄2, and they just don’t care. I hon- Secretary of Defense. so I have the opportunity to ask the estly believe that when those who you The two people that the President troops for their opinion on this par- are supposed to be leading are actually appoints said let’s do it, because they ticular issue. ahead of the leaders, leaders lose credi- know the President appointed them. He bility. is their boss. And then all of those who b 1630 I joined up during Vietnam. We were do not answer directly to the Presi- Their opinions track with the study having race riots on our aircraft car- dent, they said this is a terrible idea. that was done. They don’t care what riers then. We worked through that. You want an accurate poll? Take one sexual preference their buddy might be. That night off Afghanistan when I first where military members can answer They only care that he or she performs arrived, we had never had women pi- privately, with no ability of the com- when they are in combat—when they lots. I put up one woman with seven manders to figure out who answered have to have their back and they have men. She was the one that disobeyed

VerDate Mar 15 2010 05:02 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.095 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8404 CONGRESSIONAL RECORD — HOUSE December 15, 2010 my orders and dove without permission The SPEAKER pro tempore. The lieve the first obligation in providing and saved four Special Forces. time of the gentleman has expired. for the common defense is to provide My point is we don’t do this just for Mrs. DAVIS of California. I yield the the circumstances and the resources equality. We do it because we want the gentleman an additional 10 seconds. for those who wear the uniform and best of all, whether it is race, whether Mr. FRANK of Massachusetts. I must carry the weapon and provide the it is gender, or sexual orientation. say, it is not that the young members shield under which we live and our That is why I support the repeal of of the military who face death, who freedom survives. We are a Nation at Don’t Ask, Don’t Tell. face the destruction of their comrades, war. Reject this measure. Don’t Ask, Mrs. DAVIS of California. Mr. Speak- they are not the ones who are upset by Don’t Tell was a successful compromise er, I yield 2 minutes to the gentleman this. It is our colleagues on the other in 1993; and so that compromise should from Massachusetts (Mr. FRANK). side who are reputing their unease at remain. Mr. FRANK of Massachusetts. Mr. the presence of gay and lesbian people Mrs. DAVIS of California. Mr. Speak- Speaker, first let’s strip away the to the young people in the military er, I yield 1 minute to the gentleman smoke screen: the argument that we who I think are better than that. from Minnesota (Mr. WALZ) who hap- are holding up the defense bill. It Mr. MCKEON. Mr. Speaker, I yield 3 pens to be the highest ranking enlisted passed this House over the objection of minutes to the gentleman from Indiana servicemember serving in Congress. almost every Republican, and it has (Mr. PENCE), Republican Conference Mr. WALZ. Mr. Speaker, I thank the twice been filibustered in the Senate chair. gentlewoman from California and my when the Senate leadership tried to (Mr. PENCE asked and was given per- friend from Pennsylvania. The greatest bring it up. It is the Republican Party mission to revise and extend his re- privilege I have had in my life has been that has been holding it up because of marks.) serving this country in uniform for 24 their opposition to a repeal of Don’t Mr. PENCE. Mr. Speaker, I appre- years and helping to preserve the free- Ask, Don’t Tell. ciate the distinguished ranking mem- doms and liberties of this country for So let’s talk about the merits. First ber for yielding and the passion that all Americans. of all, we are told it would be a distrac- has been expressed on both sides of this I had the honor of training soldiers tion to repeal it. It is a grave distrac- issue. from all walks of life, and at the end of tion to maintain it. People have said, But let me state the obvious, if I can. the day my top priority was whether the gentleman from Texas: Well, we We are a Nation at war. We have sol- they could meet the standards and do know there are gay and lesbian people diers that are in harm’s way at this the job. As a career enlisted soldier, I now serving. That’s right. What they hour, forward deployed, at Bagram and know how important it is to fill our are telling us, Mr. Speaker, is let’s Helmand province, places I visited just military with qualified, professional, have people serving who are in fear of a few short weeks ago. And so this motivated volunteers. And we are being thrown out. How much of a dis- business is not taking place in a vacu- blessed in this Nation that our young traction is that? What sense does it um. We are a Nation at war. people are signing up. I have no doubt that the brave men make to say, okay, you come in here And let me say to the distinguished and women who serve our country have but we are going to watch you, and you gentleman from Massachusetts who the professionalism to end this dis- may get kicked out? And what about just spoke who suggested that those of criminatory policy. I am offended by the money that is spent? What about us who oppose a repeal of Don’t Ask, the idea and the notion that they are the good people that are lost, trans- Don’t Tell would commit some libel not able to handle change in policy. lators and others? against Americans with whom we differ The maintenance of this policy is the on life-style choices, nothing could be These men and women make up the distraction. The repeal of it would not further from the truth. As a conserv- greatest fighting force the world has be. Why are we told repeal of Don’t ative, I have a particular world view ever seen. They accept and complete Ask, Don’t Tell would be a problem? about moral issues. They do not bear missions every day that require incred- People keep quoting Colin Powell. upon this question. This is an issue ex- ible discipline and bravery. This discriminatory policy is hurting Let me quote him from 20 years ago clusively that is about recruitment, our military readiness and weakening when I asked him about this. I asked readiness, unit cohesion, and retention our Nation, such as releasing dozens of him if the problem was that gay and because we are a Nation at war. Arabic linguists simply because they lesbian and bisexual members of the Now, I am not a soldier, but I am the were homosexual. military weren’t good at their jobs. He son of a combat soldier. I think we Serving in the military, we believe in said: No, that is absolutely not the should listen to our soldiers as we con- duty, honor and country. Asking these case. So let’s not have any libel of the tinue this debate. In recent key find- brave people to lie goes against all of honorable gay and lesbian and bisexual ings of the Pentagon study, overall our values. Our military heroes know people who want to serve their country U.S. military predicted negative or that it is time to end this policy, the and are being rebuffed by people on the very negative effects, 30 percent. The American people know it is time to end other side. percentage of the Marine Corps pre- this policy, and in a few moments we No one is arguing it is their fault. dicting negative effects, 43 percent; 48 will take the step to end it. What we are told is that there are percent within the Army; 58 percent other people who are so offended by within Marine combat units. b 1640 their very presence. The code of mili- We know that the leadership has tes- The SPEAKER pro tempore. The tary justice will stay in place. Anybody tified before the Congress. Air Force Chair will note that the gentleman who misbehaves sexually is subject to Chief of Staff General Norton Schwartz from California has 3 minutes remain- being kicked out quite summarily. We said: I do not think it prudent to seek ing. The gentlewoman from California are told that their very presence will full implementation. Too risky, he has 61⁄4 minutes remaining. annoy people and will distract them. said. Mr. MCKEON. Mr. Speaker, I yield 1 What does that say about our young Of course the most ominous of all minute to the gentleman from Indiana, military? The gentleman from Texas was a suggestion by Army Chief of who just recently retired after 30 years (Mr. GOHMERT) said, well, anytime a Staff General George Casey who said: of service as a colonel in the Army, Mr. military has allowed gay people in, increase the risk on our soldiers. BUYER. He also serves as ranking mem- that has been the end of civilization. Men and women, no one in this ber on the House Veterans’ Affairs Tell that to the Israeli Defense Forces. House, would desire to increase the Committee. I guess he may be technically correct; risk on our soldiers at a time of war. I Mr. BUYER. I thank the gentleman. they didn’t change it, they have always know that. Let me also thank IKE SKELTON, who had that. They need every human being And so I rise today simply to say came to this compromise and led that they can get who is willing to serve, let’s remember the time in which we back in 1993, when I was a freshman whether willing or not. And the Israeli live. Let’s remember the first obliga- right out of Desert Storm, came here Defense Forces have suffered no dete- tion of the national government is to to the Congress and began to learn rioration. provide for the common defense. I be- about compromise.

VerDate Mar 15 2010 05:02 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.098 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8405 Something that’s being thrown women from our country have to lie should be talking about the military around here today that those of us who about who they are to defend the truth and the war and the cost, not the peo- have service in the military under- and freedom of our war. ple who are fighting it or the people stand, combat effectiveness is meas- The courts have spoken. The military who have served this country so honor- ured by small unit cohesion. It is meas- leadership have spoken. Our military ably. ured by your buddy to your left and to has spoken. It is time for Congress to Mr. MCKEON. Mr. Speaker, I con- your right. That’s the reality. This speak that, when you take an oath to tinue to reserve the balance of my Congress is about to dump a policy die for our freedom, it matters not who time. onto the services which the service you love at home but, more impor- Mrs. DAVIS of California. Mr. Speak- chiefs have already told us can have a tantly, that you love our country. er, I yield 1 minute to the gentlelady detrimental impact upon our warriors Mr. MCKEON. Mr. Speaker, I reserve from Wisconsin, Ms. TAMMY BALDWIN. in harm’s way. Why are we doing this? the balance of my time. Ms. BALDWIN. I rise to urge my col- This is discrimination. Mrs. DAVIS of California. I yield 1 leagues to do the right thing and act to The Supreme Court allows Congress minute to the gentlelady from Cali- repeal Don’t Ask, Don’t Tell. After 17 to discriminate on how our services are fornia (Ms. SANCHEZ). years of this policy, we know that it is put together—if you’re too tall, if Ms. LORETTA SANCHEZ of Cali- unjust, discriminatory, and, in my you’re too heavy, if you don’t run fast fornia. I have had the opportunity, in opinion, un-American. Integrity, after enough, if you can’t do the pushups, if 14 years on the Armed Services Com- all, is a hallmark of military service. you’re color blind. There’s a whole mittee, to meet a lot of our military Yet we have, in statute, a policy that array. Why do we do that? Because we men and women. I do not believe that requires some in our military to con- want the very best able and fit to do they are so fragile that having a gay ceal, deceive, or to lie. what? To go fight and defend America. person serve next to them will kill Mr. Speaker, since the House voted The SPEAKER pro tempore. The them. in May to repeal Don’t Ask, Don’t Tell, time of the gentleman has expired. I rise today to express my strong sup- the Department of Defense released its Mr. MCKEON. I yield the gentleman port for the Don’t Ask, Don’t Tell Re- comprehensive review of the impact of 15 additional seconds. peal Act of 2010. The mission of our repealing this unjust law. The report Mr. BUYER. I end with this: Toler- Armed Forces is to deter war and to confirms that our military personnel ance does not require a moral equiva- prevent and to protect the security of are ready to serve alongside American lency. Think about it. This is a bad our country. If a soldier is capable and soldiers who are openly gay and les- thing to repeal Don’t Ask, Don’t Tell. willing to sacrifice his or her life to bian. The time has come to repeal Mrs. DAVIS of California. I yield 1 honorably serve this country, that sol- Don’t Ask, Don’t Tell and move further minute to the gentleman from Ohio dier is truly defending this country. down the path to LGBT equality for all (Mr. BOCCIERI), who is a major in the If a gay soldier is capable and willing Americans. In this land of the free and Air Force Reserves. to fight for this country, that soldier, home of the brave, it is long past time Mr. BOCCIERI. President John Ken- too, is protecting the security of this for Congress to end this policy. nedy said, ‘‘A man may die, nations country. If that soldier is willing to Mr. MCKEON. Mr. Speaker, I am may rise and fall, but ideas live on.’’ fight for our country, but our govern- happy to yield 30 seconds to the gen- The idea to which many of our troops ment denies him or her the right be- tleman from California (Mr. HUNTER), a have fought to preserve and protect for cause the soldier is gay, then it is not member of the Armed Services Com- our great Nation is the idea of free- the gay soldier who puts our security mittee. dom—the freedom to live in a country at risk, but this government. Mr. HUNTER. I thank the gentleman where you can be anything you want to Mr. MCKEON. Mr. Speaker, how from California. be, the freedom to do anything you much time do we have remaining? We have made this debate about a lot want to do, and the freedom to go any- The SPEAKER pro tempore. The gen- of things—gay rights, civil rights, our place you want to go. tleman has 13⁄4 minutes remaining. The courts, the head of the Joint Chiefs of Today, our troops are over in Iraq gentlewoman has 4 minutes remaining. Staff, and the Secretary of Defense, and Afghanistan so that the people of Mr. MCKEON. Mr. Speaker, I reserve among other things—but all this is those nations can have even a little of the balance of my time. truly about is our 18- and 20-year-old Mrs. DAVIS of California. Mr. Speak- what we take for granted. The mark of young men who are ordered to charge er, I yield 1 minute to the gentlelady a great country is that men and uphill through a hail of bullets and from New Hampshire (Ms. SHEA-POR- women, when called, will leave every- close with and destroy the enemy TER). thing behind, sacrifice everything for through fire and close combat. That’s someone, something, someplace they Ms. SHEA-PORTER. I have been lis- tening to my colleagues on the other what this is about. consider greater than themselves. Repealing Don’t Ask, Don’t Tell is side point out that this is a Nation at While the cause of such a noble idea going to cost our military fighting men war. Yes, it is. It has been at war for 9 as freedom lives on and our troops sac- effectiveness, which is going to, in long years, and I wish this Congress rifice daily on foreign lands, we must turn, possibly cost lives. That’s why I would talk about these wars and the maintain constant vigilance for life would like to object to the repeal of cost. But I want to talk today about here at home. The issue before us today Don’t Ask, Don’t Tell. is one of which the very soldiers who the cost to the men and women who Mrs. DAVIS of California. Mr. Speak- fight to spread the idea of freedom to are kicked out of the military, who er, I yield 1 minute to the gentlelady have done nothing wrong, have been countries that don’t know it find an from California (Ms. RICHARDSON). ever-fleeting policy that denies them serving the country all of this time, Ms. RICHARDSON. Mr. Speaker, all the opportunity to be who they want to put their careers on the line, put their men and women are created equal. In be and the freedom to do what they lives on the line, and they’re being America, the last time I heard, it also want to do. thrown out for something that they included life, liberty, and the pursuit of As one who spent 17 years in the have nothing to do with. happiness. I heard today, distraction. military, flying wounded and fallen I was a military spouse. I can’t ever Is it a distraction for a single woman soldiers out of Iraq and Afghanistan, remember anybody getting upset about to serve in the military? I say no. It is the finest men and women have served whether people were gay or straight. time we start doing it because all men our Nation, I find it regrettable that, And people knew. Of course they know. and all women are created equal. for some, the freedom that they’re But what we judged each other on was fighting for is not evenly applied. a code of behavior. Behavior. And when b 1650 The SPEAKER pro tempore. The we see men and women who are behav- Mr. MCKEON. Mr. Speaker, how time of the gentleman has expired. ing and serving our country honorably, much time do we have left? Mrs. DAVIS of California. I yield the it is absolutely disgraceful to throw The SPEAKER pro tempore. The gen- gentleman 10 additional seconds. them out. tleman from California has 11⁄4 minutes Mr. BOCCIERI. As Admiral Mullen So, if we want to talk about the mili- remaining. The gentlewoman from has said, it is troubling that men and tary and the war, then I think we California has 11⁄2 minutes remaining.

VerDate Mar 15 2010 06:32 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.100 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8406 CONGRESSIONAL RECORD — HOUSE December 15, 2010 Mr. MCKEON. I reserve the balance of So, Mr. Speaker, I would ask, I would of being discovered for who they are, for the my time. implore our Members to reject this principles of freedom and equality upon which Mrs. DAVIS of California. Mr. Speak- Don’t Ask, Don’t Tell repeal. Let’s go the United States of America was founded, er, I yield 30 seconds to the gentleman back and look at it a little more thor- and in the interest of righting a wrong that has from Washington (Mr. INSLEE). oughly before we move forward. persisted for far too long, I rise in strong sup- (Mr. INSLEE asked and was given I yield back the balance of my time. port of the bill before us and urge my col- permission to revise and extend his re- Mrs. DAVIS of California. Mr. Speak- leagues to join me in honoring all American marks.) er, we have the most adaptive, profes- servicemen and women, regardless of their Mr. INSLEE. Mr. Speaker, our cab sional force in the world. So let’s move sexual orientation. driver the other day said he served in forward. No more excuses. It is time to Mrs. LOWEY. Mr. Speaker, I rise in strong the last segregated African American take away the barriers of people who support of H.R. 2965, the Don’t Ask, Don’t Tell unit during the Korean War. He told put service above self and who want to Repeal Act of 2010. I am proud to cosponsor me there were five guys in his unit who serve our country. this common-sense legislation, which would were gay, and he thought those guys I urge an ‘‘aye’’ vote as we repeal end this discriminatory policy in an organized were the best because all five of those Don’t Ask, Don’t Tell. manner once and for all. gay soldiers were on the boxing team of Mr. ACKERMAN. Mr. Speaker, I rise today Following President Obama’s call for repeal his unit, and they beat the stuffing out in strong support of repealing the Department of ‘‘Don’t Ask, Don’t Tell’’ as part of his State of anybody they fought. of Defense’s misguided, discriminatory ‘‘Don’t of the Union Address, the Armed Forces en- That’s who we need right now with Ask, Don’t Tell’’ (DADT) policy. gaged in a 9-month long, comprehensive re- those .50 calibers and on our bridges For 16 years, ‘‘Don’t Ask, Don’t Tell’’ has view, receiving input from more than 115,000 and in our cockpits—the best fighters placed an unthinkable and immoral burden on active-duty and reserve members and more America can produce. Right now, in gay and lesbian servicemen and women, who, than 44,000 spouses. warfare, we cannot afford the luxury of under United States law and unlike their het- A clear and overwhelming majority of our discrimination. Put those Americans erosexual counterparts, must hide their sexual Armed Forces believe allowing gay and les- to work fighting for freedom. We need orientation from the military. If our Nation is bian individuals to serve openly would not them. truly to be the land of the free, home of the have a negative impact. Mr. MCKEON. I reserve the balance of brave, we must continue to make progress to- Offered by Iraq War veteran Congressman my time. Mrs. DAVIS of California. Mr. Speak- wards equality. Repealing ‘‘Don’t Ask, Don’t PATRICK MURPHY, this bill would ensure indi- er, I yield 30 seconds to the gentleman Tell’’ is a crucial step forward. viduals wishing to serve in the Armed Forces Mr. Speaker, I was contacted by a gay sol- are permitted to do so regardless of sexual from Texas (Mr. AL GREEN). Mr. AL GREEN of Texas. Mr. Speak- dier from Long Island who despite serving his orientation. er, life has prepared me for this vote. country for more than 20 years, despite volun- It is insulting to our brave men and women When you have had to sit at the back teering to serve in a combat zone to defend on the ground to insinuate that they are not of the bus, in the balcony of the movie America’s principles of freedom from tyranny professional enough to follow the orders of and have had to stand in a line for col- and from persecution, and despite receiving their Commander-in-Chief, to defend our Na- ored only, then you are prepared for two Bronze Stars for meritorious service to his tion during a time of war, or to continue serv- this vote. I assure you that I don’t need country, is required by law to lie about who he ing heroically, simply because they serve a survey to tell me what is right when is or face being discharged from the military. alongside gay and lesbian service members. it comes to human rights. We cannot In his letter, he pleads for a repeal of ‘‘Don’t This repeal has the support of the Secretary truly have a first-class military with Ask, Don’t Tell.’’ In reality, he is asking noth- of Defense, Robert Gates, and the Chairman second-class soldiers. I close with this: ing more than to be treated exactly the same of the Joint Chiefs, Admiral Mike Mullen. Both I will not ask people who are willing as other servicemen and women. of these men have spent their careers pro- to die for my country to live a lie for It is reprehensible that his Nation responds tecting and defending this Nation and could my country. to his service by telling him he needs to ‘‘shut not be more forceful in their insistence that Mr. MCKEON. Mr. Speaker, how up’’ about who he is. Upon disclosing his sex- now is the right time to repeal this unfair policy much time remains? ual orientation, would his past 20 years of that benefits no one and compromises the The SPEAKER pro tempore. The gen- service be worth less? Would he suddenly be quality of our military. I have no doubt that if tleman from California has 11⁄4 minutes of no value to the military? Is he suddenly no this repeal would be harmful to our troops or remaining, and the gentlewoman from longer a war hero? Is his 20 plus years of to our national security, they would speak out California has 30 seconds remaining. service suddenly an embarrassment? The an- forcefully. Mr. MCKEON. Mr. Speaker, today we swer of course, is absolutely not. Yet, our Na- Admiral Mullen himself said during his re- have heard a few times from the other tion’s policy tells this soldier he’s not desirable cent testimony, ‘‘Our people sacrifice a lot for side to do the right thing. I think the as is. their country, including their lives. None of right thing will be in the eye of the be- Mr. Speaker, it’s a contradiction in the first them should have to sacrifice their integrity as holder. degree. Our military, including this soldier who well.’’ I choose to feel that the right thing contacted me, puts their lives on the line to Gays and lesbians who wish to defend our for me is to protect those in uniform. I defend American principles of life, liberty, and Nation are patriots, pure and simple—no less prefer to listen to what those who are the pursuit of happiness. Yet, those who de- so than a straight soldier, airman, seaman, or leading those men into combat have to fend these principles are themselves discrimi- marine—and they deserve to be treated as say. Just one of the quotes out of the nated against because of who they are. such. survey said: This is also a self-defeating policy. Since I stand with Congressman MURPHY in calling In warfighting units, the ones which ‘‘Don’t Ask, Don’t Tell’’ was implemented in for repeal of ‘‘Don’t Ask, Don’t Tell’’ and urge will be the most effective, 67 percent of 1994, more than 13,000 gay and lesbian serv- my colleagues to support this legislation. marines in combat units predict work- ice members have been discharged for no Mr. VAN HOLLEN. Mr. Speaker, I am proud ing alongside a gay man or lesbian will other reason than their sexual orientation. As to cast my vote today to end the unjust and have a negative effect on their unit’s the United States has fought wars in Afghani- misguided policy of Don’t Ask, Don’t Tell. effectiveness in completing its mission stan and in Iraq, hundreds of mission-critical Our Nation faces great challenges and is in a field environment or out at sea. troops, including crucial Arabic, Farsi, and currently at war. We need highly qualified mili- Now, we may all have different opin- other linguists, have been discharged because tary personnel with a wide range of abilities, ions—obviously, from this debate, we the Department of Defense believed they were including critical language skills. And yet, do—but these are the ones who are gay. At the same time, the military has in- under Don’t Ask, Don’t Tell, 14,000 service going to be affected. These are the guys creasingly granted moral waivers to recruits members have been discharged—not because who are on the line right now, and they with criminal backgrounds. of their performance, but because of their are saying it will have a negative im- Mr. Speaker, the case is clear. There is no identity. We cannot afford to turn away tal- pact—67 percent. I don’t think it is sound argument for maintaining this discrimi- ented and patriotic soldiers simply because worth the risk to put them in any fur- natory policy. For the thousands of gay serv- they are gay. ther jeopardy than they are in right icemen and women who so bravely serve our The Pentagon’s Comprehensive Review now. country every day but who live in constant fear Working Group found that the ‘‘risk of repeal

VerDate Mar 15 2010 05:02 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 9920 E:\CR\FM\K15DE7.102 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8407 of Don’t Ask, Don’t Tell to overall military ef- our national security. For nearly two decades cial discrimination in the military in 1948. fectiveness is low.’’ Our military leaders have it has prevented qualified men and women Women were accepted into the military in the expressed their confidence, which I share, in from openly serving their country. The recently 1970s, and they now make up 20% of our the ability of service members to adapt to this released Pentagon report makes clear that our Armed Forces. Congress rescinded the female change and remain focused on their mission. men and women in uniform, along with the combat exemption laws in 1996 and our mili- As Chairman of the Joint Chiefs of Staff, vast majority of Americans, recognize this pol- tary personnel, both men and women, are uni- Admiral Mike Mullen, has said, our military is icy as being discriminatory and want to see an versally acknowledged as the best in the a meritocracy, where it is ‘‘what you do, not end to the law. world. who you are’’ that counts. Our Nation was Since the enactment of Don’t Ask, Don’t Mr. Speaker, our Armed Forces are resilient also founded on that ideal. It is time to repeal Tell, our Armed Forces have discharged near- and adaptive and will embrace Open Service this discriminatory policy, so all service men ly 14,000 troops because of their sexual ori- as they have successfully embraced other so- and women can finally live by the principles entation, including hundreds of Arabic and cial changes it in the past. Repealing this pol- that they fight to protect. Farsi interpreters. These are critical positions icy is long overdue and will finally allow gays Ms. HIRONO. Mr. Speaker, I rise to urge requiring specialized skills and we are turning and lesbians to serve their country honorably my colleagues to support H.R. 2965, the qualified people away in a time of severe without fear of being discriminated against by ‘‘Don’t Ask, Don’t Tell’’ Repeal Act. troop shortages. The Army and Marine Corps the very Nation they fight to protect. As an original cosponsor of the House have been forced to reduce standards of eligi- Mr. RUSH. Mr. Speaker, I rise today in sup- versions of related legislation that was intro- bility just to reach minimum recruitment levels port of H.R. 2965, the Don’t Ask, Don’t Tell duced in the 110th (2007–2008) and 111th for operations in Iraq and Afghanistan. This in- Repeal Act of 2010. This language, Mr. (2009–2010) Congress, I strongly support this cludes issuing ‘moral waivers’ to people with Speaker, is identical to the language that this stand-alone measure, which would repeal the felony convictions. Meanwhile, our men and body passed in May as an amendment to the ‘‘don’t ask, don’t tell’’ policy that discriminates women in uniform work side-by-side with National Defense Authorization Act. against military personnel based on their sex- openly gay soldiers from thirteen coalition Since that time, a legislative repeal of this ual orientation. partners, including the United Kingdom, Can- law has become both more necessary and Enforcement of this policy has not only ada, and Australia, as well as U.S. officers more proper. wasted millions of taxpayer dollars but has and agents in the CIA, NSA, and FBI. More necessary, Mr. Speaker, because the caused irreparable harm to our military by dis- We have the most modern military on earth, courts have made it clear that they will not missing more than 12,000 well-trained and with the exception of this harmful, discrimina- stand idly by while the United States continues qualified members of the Armed Forces. If en- tory, and unnecessary policy. I’m proud to to discriminate against its servicemembers. acted, this legislation will strengthen our mili- have cosponsored the Don’t Ask, Don’t Tell As Secretary Gates explained recently, a tary and help protect our national security in- Repeal Act of 2010 and I look forward to its legislative repeal is the only way to right this terests. passage in the Senate. The bill will repeal the wrong as it allows the new policy to properly This past May, I voted for an amendment to law, bring our military up to date and the law be implemented ‘‘in a thoughtful and careful the FY2011 defense authorization bill that in-line with the principles of our country, and way’’ versus the immediacy of a legislative would have repealed this policy. Unfortunately, address this civil rights issue once and for all. mandate as was seen earlier this year. the amendment and the underlying legislation Mr. STARK. Mr. Speaker, I rise today to Mr. Speaker, it is now, more than ever, im- passed the House only to languish in the Sen- support H.R. 2965, a bill that would repeal the portant to remember that now is always the ate. Congress must finally repeal this law and military’s policy of mandatory discrimination right time to do what is right. As illustrated by replace it with a policy of inclusion and non- against openly gay and lesbian individuals in the Pentagon’s own Working Group report, 70 discrimination so that justice and equality can our Nation’s military. percent of our military personnel also recog- The ‘‘Don’t Ask, Don’t Tell’’ policy has been be restored for the gay and lesbian nize that repealing Don’t Ask Don’t Tell is the broken for years. We have lost thousands of servicemembers fighting for our country. right thing to do. qualified soldiers, translators, and officers be- Many of my constituents, including members Additionally, Mr. Speaker, an ABC News/ cause of a fundamentally bigoted policy. It is of our military and veterans who served in our Washington Post poll released, today, dem- shameful that men and women who continue Armed Forces, have contacted me to express onstrates that 77 percent of Americans sup- to serve must continue to hide who they are. support for repealing ‘‘don’t ask, don’t tell.’’ I Repeal of ‘‘Don’t Ask, Don’t Tell’’ has the port allowing open service in the U.S. military. recently received an e-mail from a constituent support of the Commander in Chief, the Sec- Support for repeal is both broad and inclusive. who has been on active duty for over 20 years retary of Defense, and the Chairman of the These figures further show that now is the and wants this policy repealed so that his fel- Joint Chiefs of Staff. A Pentagon study re- right time to correct this injustice. low soldiers can serve openly and honestly leased last month found that the military is Mr. Speaker, I would like to remind my col- without having to worry about ‘‘living a lie’’ and ready for repeal and the vast majority of en- leagues who question the impact of open continuing to suffer from bigotry. listed men and women believe repeal will be service that our servicemembers have always This view is not only shared by nearly eight positive or make no difference. Despite the lived and served dutifully in an environment of in 10 Americans but corresponds with findings overwhelming evidence against them, oppo- open service. Whether in Afghanistan, working from the recently released Defense Depart- nents of this bill cling to their intolerant views alongside our allies—87 percent of which, ex- ment’s Comprehensive Review Working Group to support a shameful policy that has made perts say, come from nations allowing open report. This report revealed that a large major- our country less safe. service—and contractors who also allow open ity of troops were comfortable with the pros- Today’s vote is an important step toward the service and often work in the same environ- pect of overturning longstanding restrictions on day when LGBT Americans enjoy true equal- ment and share the same facilities as our gays in uniform and expected that it would ity, including the right to marry. I urge my col- servicemembers. Or, during the Gulf War, have little to no effect on their units. Defense leagues to support this bill, and I hope that the when the U.S. suspended enforcement; yet no Secretary Robert Gates and Admiral Michael Senate will pass this legislation and end this one questioned our successes or results in Mullen, Chairman of the Joint Chiefs of Staff, policy now. our mission there. These instances, among have testified before Congress in support of Mr. FARR. Mr. Speaker, since I became a others, not only demonstrate the profes- this report’s recommendations, urging Con- Member of Congress, I have always been un- sionalism and adaptability of our fighting men gress to vote to repeal the flawed ‘‘don’t ask, wavering in my commitment to repeal the dis- and women but they also dispel the mis- don’t tell’’ policy. criminatory Don’t Ask, Don’t Tell policy. conceptions about openly homosexual sol- Repealing this policy will ensure that our At a time when our military is already diers. men and women in uniform can serve our stretched to the breaking point and standards Mr. Speaker, I close with a statement from country with dignity and integrity and without are being lowered to increase recruitment President George H. W. Bush’s Assistant Sec- fear of discrimination. I urge my colleagues to numbers, it is outrageous that thousands of retary of Defense, Lawrence Korb. In February support this measure. highly skilled soldiers, like Arab linguists, have of this year Mr. Korb was asked ‘‘Should Gays Ms. ESHOO. Mr. Speaker, I have opposed been forced out of uniform because of their Serve Openly In The Military?’’ His reply, Mr. the Don’t Ask, Don’t Tell policy since its incep- sexual orientation. These gay men and Speaker, was, ‘‘Not only is it the right thing to tion in 1993. I voted to repeal it earlier this women only want to serve their country with do, it will actually increase our security in the year, and I hope to finally dispose of it with to- honor. long run.’’ day’s vote. This harmful policy is an affront to Changing a social institution is not easy, but Mr. Speaker, there is agreement on both the principles of our Nation and a hindrance to President Truman persevered and ended ra- sides of the aisle and across the civilian and

VerDate Mar 15 2010 06:32 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 9920 E:\CR\FM\A15DE7.048 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8408 CONGRESSIONAL RECORD — HOUSE December 15, 2010 military populations of our country that repeal- of homosexuals in the military. Indeed, if mili- their country should not have to live a lie in ing Don’t Ask Don’t Tell is the right thing to tary readiness, military effectiveness, unit co- order to serve. And at this crucial time—with do. I, once again, urge my colleagues to join hesion, recruiting, and retention are among our Armed Forces over-extended abroad and me in supporting this bill. the factors the military considers important to on watch here at home—we can ill afford to Mrs. CAPPS. Mr. Speaker, I rise to express the overall success of our Armed Forces, one lose people with critical skills needed to do my strong support of the Don’t Ask, Don’t Tell can hardly argue that DADT, which has these difficult and essential jobs simply be- Repeal Act of 2010. I want to thank the brought about over 14,000 servicemember dis- cause of their sexual orientation. The time has Speaker and Majority Leader for bringing this charges, was and is the right course of action. come to end this discriminatory policy. Con- important legislation before the full House. Mr. Speaker, our nation is engaged in conflicts gress must now act according to the will of the Like the majority of the American public, I in multiple theatres and we are in desperate people and overturn ‘‘Don’t Ask, Don’t Tell,’’ believe repealing this discriminatory policy is need of troops, as well as foreign language so that every serviceman and woman in Amer- long over-due. As Members of Congress, we translators, and yet because of DADT, there is ica will be treated equally under the law—re- owe the bravest of our constituents, those who a segment of the population who want to gardless of who they are and who they love. serve in the Armed Forces, the right to serve serve openly and who, for all intents and pur- Mr. ENGEL. Mr. Speaker, the success of openly while protecting our freedom. poses, face a sign saying they ‘‘need not the United States military depends on the hard As the Pentagon report and testimony by apply.’’ work, dedication, and sacrifices of our brave Admiral Mike Mullen, Chairman of the Joint The debate over DADT raises an interesting men and women in uniform. And yet, under Chiefs of Staff and Defense Secretary Robert question about how the course of history Don’t Ask, Don’t Tell, the talents and contribu- Gates demonstrates, this policy does not might have changed had homosexuality been tions of our openly gay and lesbian make our military stronger or our nation safer. a factor in allowing military service for these servicemembers are ignored. This is discrimi- In fact, it has weakened America’s security by distinguished warriors: nation, plain and simple, and should not stand. depriving our nation of the service of thou- The Spartans, the preeminent military lead- What should count is the performance and sands of gay and lesbian troops who have ers of Sparta, known for military dominance; competence of a member of our armed serv- served their country honorably—and forcing Julius Caesar, the father of the Roman Em- ices, nothing else. even larger numbers of troops to lie about pire; Augustus Caesar, the first Emperor of the More than nine years after the 9/11 attacks, who they are. Roman Empire who ushered in the Pax at a time when troops are being withdrawn We ask our soldiers and their families to Romana; the Emperor Hadrian; Alexander the from Iraq and increased in Afghanistan, our make tremendous sacrifices, yet deny many of Great, creator of one of the largest and most gay and lesbian servicemembers offer invalu- them the most basic of civil rights? This is ab- influential Empires in ancient history; The Sa- able skills that enhance our country’s military horrent, and supporting an end to this policy cred Band of Thebes, the elite force of the competence and readiness. According to the will be one of my proudest moments of the Theban army in the 4th Century BC. Service Members Legal Defense Network, 111th Congress. King Richard I, also known as Richard the more than 14,000 servicemembers have been As debate on this issue has escalated over Lionheart, a central Christian commander dur- discharged under DADT since 1994. This the years, I have been fortunate enough to ing the Third Crusade; Frederick the Great, number includes almost 800 mission-critical represent the Palm Center, previously located credited for creating a great European power troops and nearly 60 Arabic linguists in just at UC Santa Barbara. For over 10 years, this by uniting Prussia; Herbert Kitchener, British the last five years. That is indefensible. And to organization has been at the forefront of re- Field Marshal renowned for his leadership dur- make matters worse, the financial cost of im- search and outreach to repeal the Don’t Ask, ing World War I; Lieutenant Colonel, T.E. Law- plementing Don’t Ask, Don’t Tell from Fiscal Don’t Tell policy. It has been a privilege to rence also known as Lawrence of Arabia, who Year 1994–2008 was more than $555 million. bring its work to the attention of Congress, successfully led the Arab Revolt against the Mr. Speaker, Don’t Ask, Don’t Tell weakens and I know I speak on behalf of all who sup- Ottoman Empire; and, Friedrich Wilhelm von our national security, diminishes our military port repeal when I thank the staff at the Palm Steuben, who authored the Revolutionary War readiness, and violates fundamental American Center for their tireless work. Drill Manual which became an essential man- principles of fairness, integrity and equality. Today’s vote is the culmination of many ual for the Continental Army, helping to lead We must end this pernicious law, and we years of concerted effort by an untold number the United States to victory over the British in must end it now. of soldiers, private citizens, advocacy groups the Revolutionary War. Mr. CONNOLLY of Virginia. Mr. Speaker, I and public servants. As his colleague in the Mr. Speaker, as we consider this hypo- rise in support of H.R. 2965: The Don’t Ask House, I would like to particularly commend thetical, let us turn to the crux of the issue Don’t Tell Repeal Act of 2010. Congressman PATRICK MURPHY, the lead which is that any discriminatory law runs con- The House of Representatives voted on sponsor on this bill. As a Veteran of the Iraq trary to the principles of this great nation. ‘‘Let May 28, 2010 to repeal this policy. I was war, Mr. MURPHY has an unparalleled perspec- us hold these truths to be self evident, that all proud to vote for the repeal of Don’t Ask Don’t tive on this issue and I thank him for his lead- men are created equal, that they are endowed Tell. ership. by their Creator with certain inalienable rights Our nation’s military leaders and many, if I also want to thank the thousands of serv- . . .’’ That, Mr. Speaker, is the preamble to not a majority, of our servicemembers support ice members who have been denied their civil the Declaration of Independence and it is the repealing DADT. Both Secretary Gates and rights for their valuable service to our country. epitome of who we are and what we stand for Admiral Mullen—Chairman of the Joint Chiefs Mr. Speaker, I urge all my colleagues to do as a nation—we need to strive to uphold this of Staff—have testified in support of repeal as the right thing today and support this important quintessential value. DADT is discriminatory ‘‘the right thing to do.’’ Our servicemembers legislation to end this discriminatory and harm- and we must end this harmful policy. Who already serve side by side with our allies— ful policy. knows how many of the 14,000 plus dis- many of whom allow openly gay and lesbian Mr. DINGELL. Mr. Speaker, I rise as a co- charged would have gone on to excel in their members. A servicemember is just that—a sponsor and strong supporter of H.R. 2965, military careers. It is time to allow them back servicemember. To distinguish heterosexual the Don’t Ask Don’t Tell Repeal Act of 2010. in to the military to show us and prove that from homosexual is unnecessary. I want to thank Representative PATRICK MUR- we, as a society, will no longer tolerate the The United States needs all the dedicated PHY (D–PA) for his unrelenting advocacy for outrageous discrimination that occurs. The servicemembers it can get, and one’s sexu- repealing this discriminatory law and Majority gravestone of decorated Airman Leonard ality does not determine one’s effectiveness Leader HOYER for his leadership on this issue. Matlovich, who revealed his homosexuality to as a soldier. Don’t Ask Don’t Tell hurts military The time is long overdue for the repeal of his commanding officer, tragically reads, readiness and national security. Nearly 800 Don’t Ask Don’t Tell (DADT), the current law ‘‘When I was in the military, they gave me a specialists with vital skills—Arabic linguists, for that says a member of the Armed Forces— medal for killing two men and a discharge for example—have been fired from the U.S. mili- one that would give his or her life defending loving one.’’ Let us ensure we never again tary under DADT. Since implementation of our country—may not reveal his or her sexual have such a grave marker. I urge my col- Don’t Ask, Don’t Tell in 1993, the military has orientation nor may the military ask about it. leagues to join me in voting ‘‘yes’’ on H.R. discharged more than 13,000 servicemembers Just as today’s Americans shake their heads 2965. whose only ‘‘fault’’ was their sexual orienta- at the thought of a segregated military—and Mr. JOHNSON of Georgia. Mr. Speaker, I tion. indeed society—I suspect that generations to rise today in support of H.R. 2965, legislation It is estimated that American taxpayers have come will do the same at the shift we made to repeal the discriminatory ‘‘Don’t Ask, Don’t paid between $250 million and $1.2 billion to in 1994 from the outright to tacit discrimination Tell’’ policy. Americans who fight and die for investigate, eliminate, and replace qualified,

VerDate Mar 15 2010 06:32 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 9920 E:\CR\FM\A15DE7.035 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8409 patriotic servicemembers who want to serve should be eliminated, and it is that every patri- Ask, Don’t Tell Repeal Act of 2010. I would their country but can’t because expressing otic human being deserves the right to serve like to thank Congressman MURPHY, Majority their sexual orientation violates DADT. his or her country if they are willing to take the Leader HOYER, and Congressman FRANK for Mr. Speaker, the time to repeal Don’t Ask Oath of Service. their tireless leadership this issue. Don’t Tell has long passed. I urge my col- President Lyndon Baines Johnson stated, Mr. Speaker, I am a cosponsor of this legis- leagues to vote yes. ‘‘We seek not just equality as a right and a lation because American men and women Ms. JACKSON LEE of Texas. Mr. Speaker, theory but equality as a fact and equality as a should not have to choose between the oppor- I would like to begin by thanking Congress- result.’’ America is a Nation of values; the right tunity to serve their country and being honest man PATRICK MURPHY of Pennsylvania and to equality and the principle of non-discrimina- about their sexual orientation. Yet since 1993, Majority Leader STENY HOYER for introducing tion is a fundamental tenet of our democracy. over 13,000 men and women have been dis- and bringing this momentous legislation to the Our Declaration of Independence and our charged from our military under Don’t Ask, House. Our troops and veterans have taken Constitution speak specifically to the equality Don’t Tell. the Oath of Service and have devoted their of all people. Now is the time for Congress to There are countless arguments in favor of lives to our country. I want to thank our Na- act and ensure that every American of good ending this policy. Polls have demonstrated tion’s Armed Services for proudly and coura- character has the right to serve their Nation. that an overwhelming majority of Americans, geously serving our Nation. We must respect the humanity and the service including those in the military, support ending In supporting our troops, I stand here today of those troops who respect our country so Don’t Ask, Don’t Tell. Many of our closest mili- in unwavering support of repealing Don’t Ask, much that they are willing to sacrifice their tary allies, including Israel, the United King- Don’t Tell, and I urge my colleagues to join lives for it. dom, and Canada, have implemented policies me in passing this legislation. The ‘‘Don’t Ask, Don’t Ask, Don’t Tell is also a costly policy. of open service without negative con- Don’t Tell Repeal Act of 2010’’ presents the In 2009 alone, we lost 428 service members sequences to unit cohesion or military per- Congress of the United States with an oppor- to Don’t Ask, Don’t Tell at the estimated cost formance. Particularly at a time when our tunity to uphold civil and human rights in one of over $12 million. There are an estimated armed forces are stretched thin, we cannot af- of the most noble institutions of the United 66,000 gay and lesbian service members cur- ford to turn away Americans who are willing States—our armed forces. rently on active-duty, serving in all capacities and able to serve. The GAO reports that hun- I believe that the Pentagon’s extensive re- around the world to protect our Nation and ad- dreds of men and women with unique abilities, port regarding DADT’s repeal speaks for itself vance our interests. We cannot allow the including critical language skills, have been The report explained that the majority of the strength and unity of our military to suffer from discharged under this policy. military supported allowing gay members of a destructive force within. The cost is not only However, the most compelling reason for the armed services to serve openly. Further- monetary; Don’t Ask, Don’t Tell costs the ending Don’t Ask, Don’t Tell is that this policy more, the report stated that allowing gay United States by eroding our position on re- is not only damaging, it is discriminatory. It is Americans to serve openly would not have a specting human and civil rights. In the same a policy that forces young men and women to substantial impact on troop morale, readiness, vein of the civil rights movement of years past, lie about their identity in order to serve their or effectiveness. It is important that we realize we must not forget that the fight for civil and country. and recognize that we have the power to pre- human rights continues. In February, the Chairman of the Joint vent the potentially disruptive process of hav- The research has been done, the represent- Chiefs of Staff, Admiral Mike Mullen, told the ing the courts repeal Don’t Ask Don’t Tell by atives of our Armed Forces support the repeal, Senate, ‘‘No matter how I look at this issue, I doing it legislatively today. and our President has expressed his support. cannot escape being troubled by the fact that Secretary of Defense Robert Gates has em- It is our turn to repeal Don’t Ask, Don’t Tell. we have in place a policy which forces young phasized on numerous occasions that it is crit- We must act now, to ensure that human and men and women to lie about who they are in ical that we pass this legislation and allow the civil rights are ensured and protected. I urge order to defend their fellow citizens. For me Department of Defense to implement the re- my colleagues to defend the human and civil personally, it comes down to integrity—theirs peal of Don’t Ask, Don’t Tell. Now it is our op- rights at home for those who protect ours as individuals and ours as an institution.’’ portunity to serve our Nation, and to do what abroad. Last week, Secretary Gates called for legis- it is best for our armed services. Ms. LINDA T. SA´ NCHEZ of California. I rise lative action, stating ‘‘I would hope that the Admiral Mike Mullen, the Chairman of the in strong support of repealing the ‘‘Don’t Ask, Congress would act to repeal ’don’t ask, don’t Joint Chiefs of Staff, has expressed his strong Don’t Tell’’ policy. tell.’ ’’ Today, we will move one step closer to support for the repeal of Don’t Ask, Don’t Tell We have lived with the damaging effects of finally ending this damaging policy. I urge my as well. Like Admiral Mullen, I too am troubled ‘‘Don’t Ask, Don’t Tell’’ for 17 years. It harms colleagues to join me in supporting the repeal by such a policy that forces the young men our military readiness and reduces the recruit- of Don’t Ask, Don’t Tell. and women to lie about who they are. We ing pool for our military. This is why Secretary Mr. HOLT. Mr. Speaker, I rise in support of should not undermine the integrity of our Na- of Defense Gates, Admiral Mike Mullen, and a this bill. There is no reason to keep this mis- tion’s institutions nor of those who coura- majority of service members support its re- guided policy in place. It has the support of a geously protect our Nation’s interests abroad. peal. majority of Americans, military leaders, and We must do right by all of our American This policy is both counterproductive and members of the military. You can only believe troops and move forward by repealing DADT. morally wrong. that allowing gays to serve in the military will It is time to end this lingering method of dis- At a time when our armed forces need damage morale if you discount the fact that crimination, and we should not rest until this qualified, dedicated men and women in uni- gays have served in our military since the message is clear. Every American has the form, we shouldn’t be forcing them out just be- American Revolution. The supposed ’damaged right to stand among their peers to undertake cause they are gay or lesbian. morale’ didn’t lead to our losing to the Red- the noble and courageous task of defending Gay and lesbian men and women have coats or surrendering to the Germans in two their Nation. Our military should not have to served—and currently serve—our country with World Wars. lose the patriotic and talented men and honor and distinction. They have laid to rest Allowing gay Americans to serve openly women who want to serve our country, but are the ignorant belief that a love for one’s country won’t weaken morale in our armed forces. unable to do so because of DADT. Since is somehow based on who you love. Rather, overturning the misguided Don’t Ask, 1993, DADT has forced over 13,000 qualified I am proud to stand with them and support Don’t Tell policy will strengthen our military and patriotic men and women to leave the the brave gay and lesbian service members and prevent the hemorrhage of critical talent service. And that does not include the thou- who ask for nothing more than a chance to from an already-overstretched American mili- sands more who have decided not to re-enlist serve their country without hiding who they tary engaged in two wars. President Truman or join the military at all because of DADT. are. was right to desegregate the Armed Forces I know firsthand that the men and women of I urge my colleagues to support this com- more than half a century ago and we are right the United States military are courageous and mon-sense legislation that strengthens our to ensure that LGBT soldiers finally can serve have compassion for the humanity of each military and our country and fulfills the promise openly. I hope the Senate will soon pass this other; it is the expansiveness of their humanity of America as a place where all citizens, not legislation so the President can end Don’t Ask, which leads them to sacrifice and offer the last just the politically popular ones, have equal Don’t Tell by year’s end. full measure of devotion on behalf of the rights. Mrs. MALONEY. Mr. Speaker, it is time to American people. We know it is distinctive, but Ms. SCHAKOWSKY. Mr. Speaker, I rise repeal the ‘‘Don’t Ask, Don’t Tell, Don’t Pur- there is a reason that Don’t Ask, Don’t Tell today in strong support of H.R 2965, the Don’t sue’’ policy in the U.S. military once and for

VerDate Mar 15 2010 05:02 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\CR\FM\A15DE7.055 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8410 CONGRESSIONAL RECORD — HOUSE December 15, 2010 all. The study recently released by the Pen- The question is on the motion by the Wasserman Watt Wilson (OH) tagon confirms what so many of us have gentlewoman from California (Mrs. Schultz Waxman Wu Waters Weiner Yarmuth known all along: there is no compelling state DAVIS). Watson Welch The question was taken; and the interest in barring lesbian, gay and bisexual NAYS—175 persons from serving openly in our armed Speaker pro tempore announced that Aderholt Gerlach Nunes forces. the ayes appeared to have it. Akin Gingrey (GA) Olson From the initial introduction of this pro- Mrs. DAVIS of California. Mr. Speak- Alexander Gohmert Ortiz foundly misguided policy in 1993, I have never er, on that I demand the yeas and nays. Austria Goodlatte Paulsen The yeas and nays were ordered. Bachmann Graves (GA) Pence wavered in my belief that our nation’s armed Bachus Graves (MO) Peterson forces should not discriminate against other- The vote was taken by electronic de- Barrett (SC) Griffith Petri wise qualified citizens on the basis of their vice, and there were—yeas 250, nays Bartlett Guthrie Pitts sexual orientation—or their desire not to main- 175, not voting 9, as follows: Barton (TX) Hall (TX) Poe (TX) Bilbray Harper Posey tain such orientation under a stifling cloak of [Roll No. 638] Bilirakis Hastings (WA) Price (GA) secrecy that encourages and even forces YEAS—250 Bishop (UT) Heller Putnam Blackburn Hensarling Radanovich them to hide, or even worse, to lie about who Ackerman Frank (MA) Mollohan Blunt Herger Rahall Adler (NJ) Fudge they are. Today, at a time when our nation is Moore (KS) Boehner Hoekstra Reed Altmire Garamendi engaged in a difficult military conflict in Af- Moore (WI) Bonner Hunter Rehberg Andrews Giffords Moran (VA) Boozman Inglis Roe (TN) ghanistan, the extent to which the so-called Arcuri Gonzalez Murphy (CT) Boren Issa Rogers (AL) compromise ‘‘Don’t Ask, Don’t Tell’’ policy has Baca Gordon (TN) Murphy (NY) Boustany Jenkins Rogers (KY) Baldwin Grayson damaged America’s military readiness has be- Murphy, Patrick Brady (TX) Johnson (IL) Rogers (MI) Barrow Green, Al come even more apparent than it was seven- Nadler (NY) Bright Johnson, Sam Rohrabacher Bean Green, Gene Napolitano Broun (GA) Jones Rooney teen years ago. Becerra Grijalva Neal (MA) Brown (SC) Jordan (OH) Roskam Berkley Gutierrez The policy against allowing lesbian, gay, Nye Brown-Waite, King (IA) Ross Berman Hall (NY) and bisexual servicemembers to serve openly Oberstar Ginny King (NY) Royce Biggert Halvorson Obey Buchanan Kingston Ryan (WI) has resulted in depriving our armed forces of Bishop (GA) Hare Olver Burgess Kline (MN) Scalise Bishop (NY) Harman the abilities, experience and dedication of Owens Burton (IN) Lamborn Schmidt Blumenauer Hastings (FL) thousands of qualified active duty personnel. Pallone Buyer Lance Schock Boccieri Heinrich Pascrell Calvert Latham Sensenbrenner This institutionalized discrimination is com- Bono Mack Herseth Sandlin Pastor (AZ) Camp LaTourette Sessions pletely illogical and counter-productive as we Boswell Higgins Paul Cantor Latta Shadegg Boucher Hill grapple with an increasingly dangerous world Payne Capito Lee (NY) Shimkus Boyd Himes wracked by the threat of international ter- Pelosi Carter Lewis (CA) Shuster Brady (PA) Hinchey Perlmutter Cassidy Linder Simpson rorism, with our servicemembers in harm’s Braley (IA) Hinojosa Perriello Chaffetz LoBiondo Skelton Brown, Corrine Hirono way all over the world. Peters Childers Lucas Smith (NE) Butterfield Hodes The U.S. Government Accountability Office Pingree (ME) Coble Luetkemeyer Smith (NJ) Campbell Holden Platts Coffman (CO) Lummis Smith (TX) (GAO) has documented the cost to our nation. Cao Holt Polis (CO) Cole Lungren, Daniel Stearns In 2005, the GAO estimated the cost of dis- Capps Honda Pomeroy Conaway E. Stutzman Capuano Hoyer criminating against servicemembers on the Price (NC) Crenshaw Mack Sullivan Carnahan Inslee basis of their sexual orientation at nearly $200 Quigley Critz Manzullo Tanner Carney Israel Rangel Culberson Marshall Taylor million over the course of just the last decade. Carson (IN) Jackson (IL) Reichert Davis (AL) McCarthy (CA) Terry Castle Jackson Lee This estimate may, in fact, be too low, as the Reyes Davis (KY) McCaul Thompson (PA) Castor (FL) (TX) GAO itself acknowledged and as other studies Richardson Davis (TN) McClintock Thornberry Chandler Johnson (GA) Rodriguez Diaz-Balart, M. McCotter Tiahrt conducted by reputable academic institutions Chu Johnson, E. B. Ros-Lehtinen Duncan McHenry Tiberi like the Michael Palm Center at the University Clarke Kagen Rothman (NJ) Emerson McIntyre Turner Clay Kanjorski of California have documented. Roybal-Allard Fallin McKeon Upton Cleaver Kaptur Ruppersberger Fleming Mica Walden Advocates for maintaining ‘‘Don’t Ask, Don’t Clyburn Kennedy Rush Forbes Miller (FL) Westmoreland Tell’’ continue stubbornly to cite elusive, Cohen Kildee Fortenberry Miller (MI) Whitfield Connolly (VA) Kilpatrick (MI) Ryan (OH) unquantifiable factors to justify the policy’s in- Foxx Miller, Gary Wilson (SC) Conyers Kilroy Salazar herent institutionalized discrimination. The ´ Franks (AZ) Moran (KS) Wittman Cooper Kind Sanchez, Linda Frelinghuysen Murphy, Tim Wolf most common argument is the specious insist- Costa Kirkpatrick (AZ) T. Gallegly Myrick Young (AK) Costello Kissell Sanchez, Loretta ence that ‘‘unit cohesion’’ among the armed Garrett (NJ) Neugebauer Young (FL) forces will suffer if lesbians, gay men, and bi- Courtney Klein (FL) Sarbanes Crowley Kosmas Schakowsky NOT VOTING—9 sexual persons are allowed to serve openly— Cuellar Kratovil Schauer Baird Marchant Wamp an argument that even Richard Cheney, while Cummings Kucinich Schiff Berry McCarthy (NY) Dahlkemper Langevin Schrader Woolsey serving as the Secretary of Defense during the Cardoza McMorris Davis (CA) Larsen (WA) Schwartz presidency of George H. W. Bush, acknowl- Granger Rodgers Davis (IL) Larson (CT) Scott (GA) edged in congressional testimony was ‘‘a bit of DeFazio Lee (CA) Scott (VA) an old chestnut.’’ Then-Secretary Cheney was DeGette Levin Serrano b 1724 right—and it’s high time we roasted that old Delahunt Lewis (GA) Sestak So the motion was agreed to. DeLauro Lipinski Shea-Porter chestnut on an open fire, and consigned it for- Dent Loebsack Sherman The result of the vote was announced ever to the ashbin of history. Deutch Lofgren, Zoe Shuler as above recorded. The fact is that many other nations—includ- Diaz-Balart, L. Lowey Sires A motion to reconsider was laid on Slaughter ing trusted allies whose armed forces are re- Dicks Luja´ n the table. Dingell Lynch Smith (WA) spected around the world such as Great Brit- Djou Maffei Snyder f ain, Israel, Australia, and Canada—have al- Doggett Maloney Space lowed their citizens to serve in their armed Donnelly (IN) Markey (CO) Speier PERMISSION TO REDACT Doyle Markey (MA) Spratt REMARKS IN DEBATE forces regardless of their disclosure of their Dreier Matheson Stark sexual orientation. It is high time that the Driehaus Matsui Stupak Mr. TIM MURPHY of Pennsylvania. United States of America, which prides itself Edwards (MD) McCollum Sutton Mr. Speaker, I ask unanimous consent as a beacon of liberty and equality, joins their Edwards (TX) McDermott Teague Ehlers McGovern Thompson (CA) that I may redact a statement from my ranks. Ellison McMahon Thompson (MS) remarks in debate made earlier today I urge the members of this House to vote to Ellsworth McNerney Tierney that I believe might reflect a misappre- repeal this misguided and counter-productive Engel Meek (FL) Titus Eshoo Meeks (NY) Tonko hension of fact. and un-American policy. Etheridge Melancon Towns The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. All time Farr Michaud Tsongas CLEAVER). Is there objection to the re- for debate has expired. Fattah Miller (NC) Van Hollen quest of the gentleman from Pennsyl- Filner Miller, George Vela´ zquez Pursuant to House Resolution 1764, Flake Minnick Visclosky vania? the previous question is ordered. Foster Mitchell Walz There was no objection.

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.093 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8411 ANNOUNCEMENT BY THE SPEAKER other pedestrians to reasonably detect a motor vehicles. In the event that the Sec- PRO TEMPORE nearby electric or hybrid vehicle operating retary determines there exists a safety need, below the cross-over speed, if any; and the Secretary shall initiate rulemaking The SPEAKER pro tempore (Ms. (2) requiring new electric or hybrid vehi- under section 30111 of title 49, United States TITUS). Pursuant to clause 8 of rule XX, cles to provide an alert sound conforming to Code, to extend the standard to conventional the Chair will postpone further pro- the requirements of the motor vehicle safety motor vehicles. ceedings today on motions to suspend standard established under this subsection. SEC. 4. FUNDING. the rules on which a recorded vote or The motor vehicle safety standard estab- Notwithstanding any other provision of the yeas and nays are ordered, or on lished under this subsection shall not require law, $2,000,000 of any amounts made available either driver or pedestrian activation of the which the vote incurs objection under to the Secretary of Transportation under alert sound and shall allow the pedestrian to under section 406 of title 23, United States clause 6 of rule XX. reasonably detect a nearby electric or hybrid Record votes on postponed questions Code, shall be made available to the Admin- vehicle in critical operating scenarios in- istrator of the National Highway Transpor- will be taken later. cluding, but not limited to, constant speed, tation Safety Administration for carrying f accelerating, or decelerating. The Secretary out section 3 of this Act. shall allow manufacturers to provide each PEDESTRIAN SAFETY vehicle with one or more sounds that comply b 1730 ENHANCEMENT ACT OF 2010 with the motor vehicle safety standard at The SPEAKER pro tempore. Pursu- Mr. BARROW. Madam Speaker, I the time of manufacture. Further, the Sec- retary shall require manufacturers to pro- ant to the rule, the gentleman from move to suspend the rules and pass the vide, within reasonable manufacturing toler- Georgia (Mr. BARROW) and the gen- bill (S. 841) to direct the Secretary of ances, the same sound or set of sounds for all tleman from Pennsylvania (Mr. PITTS) Transportation to study and establish vehicles of the same make and model and each will control 20 minutes. a motor vehicle safety standard that shall prohibit manufacturers from providing The Chair recognizes the gentleman any mechanism for anyone other than the provides for a means of alerting blind from Georgia. and other pedestrians of motor vehicle manufacturer or the dealer to disable, alter, GENERAL LEAVE operation. replace, or modify the sound or set of sounds, except that the manufacturer or dealer may Mr. BARROW. Madam Speaker, I ask The Clerk read the title of the bill. alter, replace, or modify the sound or set of The text of the bill is as follows: unanimous consent that all Members sounds in order to remedy a defect or non- may have 5 legislative days in which to S. 841 compliance with the motor vehicle safety revise and extend their remarks and in- standard. The Secretary shall promulgate Be it enacted by the Senate and House of Rep- clude extraneous material in the resentatives of the United States of America in the required motor vehicle safety standard Congress assembled, pursuant to this subsection not later than 36 RECORD. The SPEAKER pro tempore. Is there SECTION 1. SHORT TITLE. months after the date of enactment of this This Act may be cited as the ‘‘Pedestrian Act. objection to the request of the gen- Safety Enhancement Act of 2010’’. (b) CONSIDERATION.—When conducting the tleman from Georgia? required rulemaking, the Secretary shall— There was no objection. SEC. 2. DEFINITIONS. (1) determine the minimum level of sound As used in this Act— Mr. BARROW. I yield myself such emitted from a motor vehicle that is nec- time as I may consume. (1) the term ‘‘Secretary’’ means the Sec- essary to provide blind and other pedestrians retary of Transportation; with the information needed to reasonably Madam Speaker, as hybrid and elec- (2) the term ‘‘alert sound’’ (herein referred detect a nearby electric or hybrid vehicle op- tric vehicles take hold in the market, to as the ‘‘sound’’) means a vehicle-emitted erating at or below the cross-over speed, if they bring lots of benefits to con- sound to enable pedestrians to discern vehi- any; sumers trying to shield themselves cle presence, direction, location, and oper- (2) determine the performance require- from rising gas prices and help reduce ation; ments for an alert sound that is recognizable our Nation’s dependence on foreign oil, (3) the term ‘‘cross-over speed’’ means the to a pedestrian as a motor vehicle in oper- speed at which tire noise, wind resistance, or but the near-silent operation of their ation; and combustion-free engines has presented other factors eliminate the need for a sepa- (3) consider the overall community noise rate alert sound as determined by the Sec- impact. unintended challenges for blind and retary; (c) PHASE-IN REQUIRED.—The motor vehicle sighted pedestrians. (4) the term ‘‘motor vehicle’’ has the mean- safety standard prescribed pursuant to sub- NHTSA research, including a study ing given such term in section 30102(a)(6) of section (a) of this section shall establish a published in April this year, confirms title 49, United States Code, except that such phase-in period for compliance, as deter- that the absence of sounds indicating term shall not include a trailer (as such term mined by the Secretary, and shall require is defined in section 571.3 of title 49, Code of vehicle movement can create serious full compliance with the required motor ve- safety risks for blind and sighted pe- Federal Regulations); hicle safety standard for motor vehicles (5) the term ‘‘conventional motor vehicle’’ manufactured on or after September 1st of destrians, unable to detect vehicles as means a motor vehicle powered by a gaso- the calendar year that begins 3 years after they back up, turn, or approach an line, diesel, or alternative fueled internal the date on which the final rule is issued. intersection. combustion engine as its sole means of pro- (d) REQUIRED CONSULTATION.—When con- Earlier, NHTSA research found that pulsion; ducting the required study and rulemaking, hybrid and electric vehicles are two (6) the term ‘‘manufacturer’’ has the mean- the Secretary shall— times more likely to be involved in a ing given such term in section 30102(a)(5) of (1) consult with the Environmental Protec- title 49, United States Code; pedestrian collision at a low speed than tion Agency to assure that the motor vehicle conventional vehicles. Blind pedes- (7) the term ‘‘dealer’’ has the meaning safety standard is consistent with existing given such term in section 30102(a)(1) of title noise requirements overseen by the Agency; trians are among the most vulnerable; 49, United States Code; (2) consult consumer groups representing but cyclists, seniors, and children are (8) the term ‘‘defect’’ has the meaning individuals who are blind; also among those greatly affected as given such term in section 30102(a)(2) of title (3) consult with automobile manufacturers the number of hybrid and electric vehi- 49, United States Code; and professional organizations representing cles on the road increases. (9) the term ‘‘hybrid vehicle’’ means a them; The bill before us offers a straight- motor vehicle which has more than one (4) consult technical standardization orga- means of propulsion; and forward solution directing the National nizations responsible for measurement meth- Highway Traffic Safety Administration (10) the term ‘‘electric vehicle’’ means a ods such as the Society of Automotive Engi- motor vehicle with an electric motor as its neers, the International Organization for to create a standard for hybrid and sole means of propulsion. Standardization, and the United Nations electric vehicles to emit appropriate SEC. 3. MINIMUM SOUND REQUIREMENT FOR Economic Commission for Europe, World conforming sounds when traveling at MOTOR VEHICLES. Forum for Harmonization of Vehicle Regula- low speeds. In addition, the bill gives (a) RULEMAKING REQUIRED.—Not later than tions. the agency 3 years to develop the 18 months after the date of enactment of this (e) REQUIRED STUDY AND REPORT TO CON- standard, gives manufacturers a 3-year Act the Secretary shall initiate rulemaking, GRESS.—Not later than 48 months after the phase-in period, calls on NHTSA to under section 30111 of title 49, United States date of enactment of this Act, the Secretary Code, to promulgate a motor vehicle safety shall complete a study and report to Con- consider the overall community noise standard— gress as to whether there exists a safety need impact, and protects against the unau- (1) establishing performance requirements to apply the motor vehicle safety standard thorized disabling, modification, or re- for an alert sound that allows blind and required by subsection (a) to conventional placement of the sounds.

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.105 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8412 CONGRESSIONAL RECORD — HOUSE December 15, 2010 I am pleased that the bill has re- Over the years, we have heard tragic The SPEAKER pro tempore. The ceived strong support from the Na- stories involving pedestrians and hy- question is on the motion offered by tional Federation of the Blind and the brid or electric vehicles. Not too long the gentleman from Georgia (Mr. BAR- Alliance of Automobile Manufacturers. ago, news accounts were the story of a ROW) that the House suspend the rules I commend manufacturers of hybrid young child hit by a hybrid car. This and pass the bill, S. 841. and electric vehicles that have already accident was not caused by a driver’s The question was taken. stepped forward to work with NHTSA negligence or a car’s manufacturing de- The SPEAKER pro tempore. In the to address this serious safety issue. fect. It occurred because the child opinion of the Chair, two-thirds being I also want to thank my chairman, never heard the approaching car. The in the affirmative, the ayes have it. Chairman RUSH, and my colleagues, hybrids: engines were simply too quiet. Mr. BARROW. Madam Speaker, on the gentleman from New York (Mr. Environmentally friendly vehicles such that I demand the yeas and nays. TOWNS) and the gentleman from Flor- as hybrids often fail to produce audible The yeas and nays were ordered. ida (Mr. STEARNS), for their leadership sounds when driven. The SPEAKER pro tempore. Pursu- on this issue, which has a strong record The silent nature of these vehicles, ant to clause 8 of rule XX and the of bipartisan awareness and support. I coupled with the growing popularity, Chair’s prior announcement, further urge my colleagues to support this leg- presents a dilemma: How do we protect proceedings on this motion will be islation. individuals dependent on sounds for postponed. I reserve the balance of my time. their safety, such as unsuspecting pe- Mr. PITTS. Madam Speaker, I yield destrians and the blind? The solution f myself such time as I may consume. lies in the Pedestrian Safety Act. REGULATED INVESTMENT COM- I rise in support of Senate 841. I com- This act requires the Secretary of PANY MODERNIZATION ACT OF mend Congressman TOWNS and Con- Transportation to conduct a study of 2010 gressman STEARNS for their efforts to the minimum level of sound required improve pedestrian safety as the cham- Mr. LEVIN. Madam Speaker, I move for environmentally friendly vehicles. to suspend the rules and concur in the pions of the House companion legisla- Once this safety standard is deter- tion to Senate 841. They have worked Senate amendment to the bill (H.R. mined, it will be applied to all new 4337) to amend the Internal Revenue with all the stakeholders to champion automobiles manufactured or sold in Code of 1986 to modify certain rules ap- the legislative compromise that the the United States beginning 2 years plicable to regulated investment com- Senate passed and which is before us after the standard is issued. This is an panies, and for other purposes. today. effective way, not only to prevent The Clerk read the title of the bill. The National Federation of the Blind avoidable injuries to pedestrians, but The text of the Senate amendment is and the auto industry support the com- to do so without impeding innovation as follows: promise legislation that will ensure pe- with stringent regulations. destrian safety is not compromised by It is clear that environmentally Senate amendment: evolving engine technology. friendly vehicles are growing in popu- Strike all after the enacting clause and in- sert the following: The success of hybrid cars represents larity. While it is important to em- technological progress, but the byprod- brace technology that benefits our en- SECTION 1. SHORT TITLE, ETC. uct is a silent engine that has raised vironment, we must do so with the (a) SHORT TITLE.—This Act may be cited as the ‘‘Regulated Investment Company Mod- concerns they are not audible to pedes- safety of all citizens in mind. trians and can jeopardize their safety. ernization Act of 2010’’. This bill successfully passed the Sen- (b) REFERENCE.—Except as otherwise ex- Quiet technology makes it very dif- ate last week and has been a long time pressly provided, whenever in this Act an ficult for the blind and other pedes- coming here in the House. Our Cham- amendment or repeal is expressed in terms of an trians, such as children, joggers, or ber’s companion bill, H.R. 734, has 238 amendment to, or repeal of, a section or other bicyclists, to evaluate traffic they do bipartisan cosponsors. The bill coming provision, the reference shall be considered to be not see. The concern is greatest for to us from the Senate is even stronger. made to a section or other provision of the Inter- blind pedestrians that rely on audible It is completely deficit neutral and nal Revenue Code of 1986. attributes of cars to evaluate direction supported by the Alliance of Auto- (c) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: and speed of traffic to ensure their mobile Manufacturers, the National safety. New vehicles that employ hy- Federation of the Blind, the Associa- Sec. 1. Short title, etc. brid or electric engine technology can tion of International Automobile Man- TITLE I—CAPITAL LOSS CARRYOVERS OF be silent, rendering them extremely ufacturers, and the American Council REGULATED INVESTMENT COMPANIES dangerous in situations where vehicles of the Blind. Sec. 101. Capital loss carryovers of regulated in- and pedestrians come into proximity Before I conclude, Madam Speaker, vestment companies. with each other. let me take a moment to thank my col- TITLE II—MODIFICATION OF GROSS IN- The changes required by the legisla- league and friend, Representative COME AND ASSET TESTS OF REGULATED INVESTMENT COMPANIES tion will become more important as CLIFF STEARNS, who has worked over hybrid technology becomes more and the years with me on this bill. I want Sec. 201. Savings provisions for failures of regu- more widely deployed, and so I urge to thank staff members James Thomas lated investment companies to sat- isfy gross income and asset tests. support. and Nicole Alexander for their tremen- I reserve the balance of my time. dous assistance in helping us move this TITLE III—MODIFICATION OF RULES RE- Mr. BARROW. Madam Speaker, I LATED TO DIVIDENDS AND OTHER DIS- important legislation forward. I would TRIBUTIONS yield such time as he may consume to also like to thank Emily Khoury and the gentleman from New York (Mr. Sec. 301. Modification of dividend designation Dana Grayson and all other staff that requirements and allocation rules TOWNS). have made this moment a reality. This Mr. TOWNS. Madam Speaker, I for regulated investment compa- bill has been a model of bipartisanship would like to thank the gentleman nies. and will benefit pedestrians across the Sec. 302. Earnings and profits of regulated in- from Georgia for yielding time, and of country for years to come. vestment companies. course the ranking member as well. I I urge all of my colleagues here in Sec. 303. Pass-thru of exempt-interest dividends rise to urge my colleagues to vote in the House of Representatives to join and foreign tax credits in fund of favor of S. 841, the Pedestrian Safety me in supporting this very important funds structure. Enhancement Act. legislation. Sec. 304. Modification of rules for spillover divi- Today, environmentally friendly ve- dends of regulated investment hicles are quickly becoming a staple in b 1740 companies. the lives of Americans who are at- Mr. PITTS. Madam Speaker, I yield Sec. 305. Return of capital distributions of regu- tempting to go green. I applaud the use lated investment companies. back the balance of my time. Sec. 306. Distributions in redemption of stock of of technology that decreases air pollu- Mr. BARROW. Madam Speaker, I a regulated investment company. tion and fossil fuel consumption; how- urge my colleagues to support this leg- Sec. 307. Repeal of preferential dividend rule ever, we must address an unforeseen islation, and I yield back the balance of for publicly offered regulated in- consequence of such innovation. my time. vestment companies.

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 6343 E:\CR\FM\K15DE7.106 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8413 Sec. 308. Elective deferral of certain late-year TITLE II—MODIFICATION OF GROSS IN- beginning on the first date that the failure to losses of regulated investment COME AND ASSET TESTS OF REGULATED satisfy the requirements of subsection (b)(3) oc- companies. INVESTMENT COMPANIES curs as a result of the ownership of such assets Sec. 309. Exception to holding period require- SEC. 201. SAVINGS PROVISIONS FOR FAILURES OF and ending on the earlier of the date on which ment for certain regularly de- REGULATED INVESTMENT COMPA- the corporation disposes of such assets or the clared exempt-interest dividends. NIES TO SATISFY GROSS INCOME end of the first quarter when there is no longer TITLE IV—MODIFICATIONS RELATED TO AND ASSET TESTS. a failure to satisfy such subsection. EXCISE TAX APPLICABLE TO REGU- (a) ASSET TEST.—Subsection (d) of section 851 ‘‘(iii) ADMINISTRATIVE PROVISIONS.—For pur- LATED INVESTMENT COMPANIES is amended— poses of subtitle F, a tax imposed by this sub- (1) by striking ‘‘A corporation which meets’’ Sec. 401. Excise tax exemption for certain regu- paragraph shall be treated as an excise tax with and inserting the following: respect to which the deficiency procedures of lated investment companies owned ‘‘(1) IN GENERAL.—A corporation which by tax exempt entities. such subtitle apply.’’. meets’’, and (b) GROSS INCOME TEST.—Section 851 is Sec. 402. Deferral of certain gains and losses of (2) by adding at the end the following new regulated investment companies amended by adding at the end the following paragraph: new subsection: for excise tax purposes. ‘‘(2) SPECIAL RULES REGARDING FAILURE TO ‘‘(i) FAILURE TO SATISFY GROSS INCOME Sec. 403. Distributed amount for excise tax pur- SATISFY REQUIREMENTS.—If paragraph (1) does TEST.— poses determined on basis of taxes not preserve a corporation’s status as a regu- ‘‘(1) DISCLOSURE REQUIREMENT.—A corpora- paid by regulated investment com- lated investment company for any particular tion that fails to meet the requirement of para- pany. quarter— graph (2) of subsection (b) for any taxable year Sec. 404. Increase in required distribution of ‘‘(A) IN GENERAL.—A corporation that fails to capital gain net income. meet the requirements of subsection (b)(3) (other shall nevertheless be considered to have satisfied TITLE V—OTHER PROVISIONS than a failure described in subparagraph (B)(i)) the requirement of such paragraph for such tax- for such quarter shall nevertheless be considered able year if— Sec. 501. Repeal of assessable penalty with re- ‘‘(A) following the corporation’s identification spect to liability for tax of regu- to have satisfied the requirements of such sub- section for such quarter if— of the failure to meet such requirement for such lated investment companies. taxable year, a description of each item of its Sec. 502. Modification of sales load basis defer- ‘‘(i) following the corporation’s identification gross income described in such paragraph is set ral rule for regulated investment of the failure to satisfy the requirements of such forth in a schedule for such taxable year filed in companies. subsection for such quarter, a description of each asset that causes the corporation to fail to the manner provided by the Secretary, and TITLE I—CAPITAL LOSS CARRYOVERS OF satisfy the requirements of such subsection at ‘‘(B) the failure to meet such requirement is REGULATED INVESTMENT COMPANIES the close of such quarter is set forth in a sched- due to reasonable cause and not due to willful SEC. 101. CAPITAL LOSS CARRYOVERS OF REGU- ule for such quarter filed in the manner pro- neglect. LATED INVESTMENT COMPANIES. vided by the Secretary, ‘‘(2) IMPOSITION OF TAX ON FAILURES.—If (a) IN GENERAL.—Subsection (a) of section ‘‘(ii) the failure to meet the requirements of paragraph (1) applies to a regulated investment 1212 is amended by redesignating paragraph (3) such subsection for such quarter is due to rea- company for any taxable year, there is hereby as paragraph (4) and by inserting after para- sonable cause and not due to willful neglect, imposed on such company a tax in an amount graph (2) the following new paragraph: and equal to the excess of— ‘‘(3) REGULATED INVESTMENT COMPANIES.— ‘‘(iii)(I) the corporation disposes of the assets ‘‘(A) the gross income of such company which ‘‘(A) IN GENERAL.—If a regulated investment set forth on the schedule specified in clause (i) is not derived from sources referred to in sub- company has a net capital loss for any taxable within 6 months after the last day of the quarter section (b)(2), over year— in which the corporation’s identification of the ‘‘(B) 1⁄9 of the gross income of such company ‘‘(i) paragraph (1) shall not apply to such failure to satisfy the requirements of such sub- which is derived from such sources.’’. loss, section occurred or such other time period pre- (c) DEDUCTION OF TAXES PAID FROM INVEST- ‘‘(ii) the excess of the net short-term capital scribed by the Secretary and in the manner pre- MENT COMPANY TAXABLE INCOME.—Paragraph loss over the net long-term capital gain for such scribed by the Secretary, or (2) of section 852(b) is amended by adding at the year shall be a short-term capital loss arising on ‘‘(II) the requirements of such subsection are end the following new subparagraph: the first day of the next taxable year, and otherwise met within the time period specified in ‘‘(G) There shall be deducted an amount equal ‘‘(iii) the excess of the net long-term capital subclause (I). to the tax imposed by subsections (d)(2) and (i) loss over the net short-term capital gain for such ‘‘(B) RULE FOR CERTAIN DE MINIMIS FAIL- of section 851 for the taxable year.’’. year shall be a long-term capital loss arising on URES.—A corporation that fails to meet the re- (d) EFFECTIVE DATE.—The amendments made the first day of the next taxable year. quirements of subsection (b)(3) for such quarter by this section shall apply to taxable years with ‘‘(B) COORDINATION WITH GENERAL RULE.—If a shall nevertheless be considered to have satisfied respect to which the due date (determined with net capital loss to which paragraph (1) applies the requirements of such subsection for such regard to any extensions) of the return of tax is carried over to a taxable year of a regulated quarter if— for such taxable year is after the date of the en- investment company— ‘‘(i) such failure is due to the ownership of as- actment of this Act. ‘‘(i) LOSSES TO WHICH THIS PARAGRAPH AP- sets the total value of which does not exceed the PLIES.—Clauses (ii) and (iii) of subparagraph TITLE III—MODIFICATION OF RULES RE- lesser of— LATED TO DIVIDENDS AND OTHER DIS- (A) shall be applied without regard to any ‘‘(I) 1 percent of the total value of the cor- TRIBUTIONS amount treated as a short-term capital loss poration’s assets at the end of the quarter for under paragraph (1). which such measurement is done, or SEC. 301. MODIFICATION OF DIVIDEND DESIGNA- ‘‘(ii) LOSSES TO WHICH GENERAL RULE AP- ‘‘(II) $10,000,000, and TION REQUIREMENTS AND ALLOCA- PLIES.—Paragraph (1) shall be applied by sub- ‘‘(ii)(I) the corporation, following the identi- TION RULES FOR REGULATED IN- VESTMENT COMPANIES. stituting ‘net capital loss for the loss year or fication of such failure, disposes of assets in (a) CAPITAL GAIN DIVIDENDS.— any taxable year thereafter (other than a net order to meet the requirements of such sub- (1) IN GENERAL.—Subparagraph (C) of section capital loss to which paragraph (3)(A) applies)’ section within 6 months after the last day of the 852(b)(3) is amended to read as follows: for ‘net capital loss for the loss year or any tax- quarter in which the corporation’s identification ‘‘(C) DEFINITION OF CAPITAL GAIN DIVIDEND.— able year thereafter’.’’. of the failure to satisfy the requirements of such For purposes of this part— (b) CONFORMING AMENDMENTS.— subsection occurred or such other time period ‘‘(i) IN GENERAL.—Except as provided in (1) Subparagraph (C) of section 1212(a)(1) is prescribed by the Secretary and in the manner clause (ii), a capital gain dividend is any divi- amended to read as follows: prescribed by the Secretary, or ‘‘(C) a capital loss carryover to each of the 10 ‘‘(II) the requirements of such subsection are dend, or part thereof, which is reported by the taxable years succeeding the loss year, but only otherwise met within the time period specified in company as a capital gain dividend in written to the extent such loss is attributable to a for- subclause (I). statements furnished to its shareholders. eign expropriation loss,’’. ‘‘(C) TAX.— ‘‘(ii) EXCESS REPORTED AMOUNTS.—If the ag- (2) Paragraph (10) of section 1222 is amended ‘‘(i) TAX IMPOSED.—If subparagraph (A) ap- gregate reported amount with respect to the by striking ‘‘section 1212’’ and inserting ‘‘sec- plies to a corporation for any quarter, there is company for any taxable year exceeds the net tion 1212(a)(1)’’. hereby imposed on such corporation a tax in an capital gain of the company for such taxable (c) EFFECTIVE DATE.— amount equal to the greater of— year, a capital gain dividend is the excess of— (1) IN GENERAL.—Except as provided in para- ‘‘(I) $50,000, or ‘‘(I) the reported capital gain dividend graph (2), the amendments made by this section ‘‘(II) the amount determined (pursuant to reg- amount, over shall apply to net capital losses for taxable ulations promulgated by the Secretary) by mul- ‘‘(II) the excess reported amount which is al- years beginning after the date of the enactment tiplying the net income generated by the assets locable to such reported capital gain dividend of this Act. described in the schedule specified in subpara- amount. (2) COORDINATION RULES.—Subparagraph (B) graph (A)(i) for the period specified in clause ‘‘(iii) ALLOCATION OF EXCESS REPORTED of section 1212(a)(3) of the Internal Revenue (ii) by the highest rate of tax specified in section AMOUNT.— Code of 1986, as added by this section, shall 11. ‘‘(I) IN GENERAL.—Except as provided in sub- apply to taxable years beginning after the date ‘‘(ii) PERIOD.—For purposes of clause (i)(II), clause (II), the excess reported amount (if any) of the enactment of this Act. the period described in this clause is the period which is allocable to the reported capital gain

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 6333 E:\CR\FM\A15DE7.044 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8414 CONGRESSIONAL RECORD — HOUSE December 15, 2010 dividend amount is that portion of the excess re- which does not begin and end in the same cal- written statements furnished to its share- ported amount which bears the same ratio to the endar year, if the post-December reported holders’’, excess reported amount as the reported capital amount equals or exceeds the excess reported (C) by striking ‘‘designated’’ in subparagraph gain dividend amount bears to the aggregate re- amount for such taxable year, subclause (I) (C)(i) and inserting ‘‘reported’’, and ported amount. shall be applied by substituting ‘post-December (D) by striking ‘‘designated’’ in subparagraph ‘‘(II) SPECIAL RULE FOR NONCALENDAR YEAR reported amount’ for ‘aggregate reported (C)(ii) and inserting ‘‘reported’’. TAXPAYERS.—In the case of any taxable year amount’ and no excess reported amount shall be (2) CONFORMING AMENDMENTS.—Subsection (b) which does not begin and end in the same cal- allocated to any dividend paid on or before De- of section 854 is amended by striking paragraph endar year, if the post-December reported cember 31 of such taxable year. (2) and by redesignating paragraphs (3), (4), amount equals or exceeds the excess reported ‘‘(iv) DEFINITIONS.—For purposes of this sub- and (5), as paragraphs (2), (3), and (4), respec- amount for such taxable year, subclause (I) paragraph— tively. shall be applied by substituting ‘post-December ‘‘(I) REPORTED EXEMPT-INTEREST DIVIDEND (f) DIVIDENDS PAID TO CERTAIN FOREIGN PER- reported amount’ for ‘aggregate reported AMOUNT.—The term ‘reported exempt-interest SONS.— amount’ and no excess reported amount shall be dividend amount’ means the amount reported to (1) INTEREST-RELATED DIVIDENDS.—Subpara- allocated to any dividend paid on or before De- its shareholders under clause (i) as an exempt- graph (C) of section 871(k)(1) is amended by cember 31 of such taxable year. interest dividend. striking all that precedes ‘‘any taxable year of ‘‘(iv) DEFINITIONS.—For purposes of this sub- ‘‘(II) EXCESS REPORTED AMOUNT.—The term the company beginning’’ and inserting the fol- paragraph— ‘excess reported amount’ means the excess of the lowing: ‘‘(I) REPORTED CAPITAL GAIN DIVIDEND aggregate reported amount over the exempt in- ‘‘(C) INTEREST-RELATED DIVIDEND.—For pur- AMOUNT.—The term ‘reported capital gain divi- terest of the company for the taxable year. poses of this paragraph— ‘‘(i) IN GENERAL.—Except as provided in dend amount’ means the amount reported to its ‘‘(III) AGGREGATE REPORTED AMOUNT.—The clause (ii), an interest related dividend is any shareholders under clause (i) as a capital gain term ‘aggregate reported amount’ means the ag- dividend, or part thereof, which is reported by dividend. gregate amount of dividends reported by the the company as an interest related dividend in ‘‘(II) EXCESS REPORTED AMOUNT.—The term company under clause (i) as exempt-interest written statements furnished to its shareholders. ‘excess reported amount’ means the excess of the dividends for the taxable year (including ex- ‘‘(ii) EXCESS REPORTED AMOUNTS.—If the ag- aggregate reported amount over the net capital empt-interest dividends paid after the close of gregate reported amount with respect to the gain of the company for the taxable year. the taxable year described in section 855). company for any taxable year exceeds the quali- ‘‘(III) AGGREGATE REPORTED AMOUNT.—The ‘‘(IV) POST-DECEMBER REPORTED AMOUNT.— fied net interest income of the company for such term ‘aggregate reported amount’ means the ag- The term ‘post-December reported amount’ taxable year, an interest related dividend is the gregate amount of dividends reported by the means the aggregate reported amount deter- excess of— company under clause (i) as capital gain divi- mined by taking into account only dividends dends for the taxable year (including capital ‘‘(I) the reported interest related dividend paid after December 31 of the taxable year. amount, over gain dividends paid after the close of the tax- ‘‘(V) EXEMPT INTEREST.—The term ‘exempt in- able year described in section 855). ‘‘(II) the excess reported amount which is al- terest’ means, with respect to any regulated in- locable to such reported interest related divi- ‘‘(IV) POST-DECEMBER REPORTED AMOUNT.— vestment company, the excess of the amount of The term ‘post-December reported amount’ dend amount. interest excludable from gross income under sec- ‘‘(iii) ALLOCATION OF EXCESS REPORTED means the aggregate reported amount deter- tion 103(a) over the amounts disallowed as de- mined by taking into account only dividends AMOUNT.— ductions under sections 265 and 171(a)(2).’’. ‘‘(I) IN GENERAL.—Except as provided in sub- paid after December 31 of the taxable year. (c) FOREIGN TAX CREDITS.— ‘‘(v) ADJUSTMENT FOR DETERMINATIONS.—If clause (II), the excess reported amount (if any) (1) IN GENERAL.—Subsection (c) of section 853 which is allocable to the reported interest re- there is an increase in the excess described in is amended— subparagraph (A) for the taxable year which re- lated dividend amount is that portion of the ex- (A) by striking ‘‘so designated by the company cess reported amount which bears the same ratio sults from a determination (as defined in section in a written notice mailed to its shareholders 860(e)), the company may, subject to the limita- to the excess reported amount as the reported not later than 60 days after the close of the tax- interest related dividend amount bears to the tions of this subparagraph, increase the amount able year’’ and inserting ‘‘so reported by the of capital gain dividends reported under clause aggregate reported amount. company in a written statement furnished to ‘‘(II) SPECIAL RULE FOR NONCALENDAR YEAR (i). such shareholder’’, and ‘‘(vi) SPECIAL RULE FOR LOSSES LATE IN THE TAXPAYERS.—In the case of any taxable year (B) by striking ‘‘NOTICE’’ in the heading and CALENDAR YEAR.—For special rule for certain which does not begin and end in the same cal- inserting ‘‘STATEMENTS’’. losses after October 31, see paragraph (8).’’. endar year, if the post-December reported (2) CONFORMING AMENDMENTS.—Subsection (d) (2) CONFORMING AMENDMENT.—Subparagraph amount equals or exceeds the excess reported of section 853 is amended— (B) of section 860(f)(2) is amended by inserting amount for such taxable year, subclause (I) (A) by striking ‘‘and the notice to share- ‘‘or reported (as the case may be)’’ after ‘‘des- shall be applied by substituting ‘post-December holders required by subsection (c)’’ in the text ignated’’. reported amount’ for ‘aggregate reported thereof, and (b) EXEMPT-INTEREST DIVIDENDS.—Subpara- amount’ and no excess reported amount shall be (B) by striking ‘‘AND NOTIFYING SHARE- graph (A) of section 852(b)(5) is amended to read allocated to any dividend paid on or before De- HOLDERS’’ in the heading thereof. as follows: cember 31 of such taxable year. (d) CREDITS FOR TAX CREDIT BONDS.— ‘‘(A) DEFINITION OF EXEMPT-INTEREST DIVI- ‘‘(iv) DEFINITIONS.—For purposes of this sub- (1) IN GENERAL.—Subsection (c) of section DEND.— paragraph— ‘‘(i) IN GENERAL.—Except as provided in 853A is amended— ‘‘(I) REPORTED INTEREST RELATED DIVIDEND clause (ii), an exempt-interest dividend is any (A) by striking ‘‘so designated by the regu- AMOUNT.—The term ‘reported interest related dividend or part thereof (other than a capital lated investment company in a written notice dividend amount’ means the amount reported to gain dividend) paid by a regulated investment mailed to its shareholders not later than 60 days its shareholders under clause (i) as an interest company and reported by the company as an ex- after the close of its taxable year’’ and inserting related dividend. empt-interest dividend in written statements fur- ‘‘so reported by the regulated investment com- ‘‘(II) EXCESS REPORTED AMOUNT.—The term nished to its shareholders. pany in a written statement furnished to such ‘excess reported amount’ means the excess of the ‘‘(ii) EXCESS REPORTED AMOUNTS.—If the ag- shareholder’’, and aggregate reported amount over the qualified gregate reported amount with respect to the (B) by striking ‘‘NOTICE’’ in the heading and net interest income of the company for the tax- company for any taxable year exceeds the ex- inserting ‘‘STATEMENTS’’. able year. empt interest of the company for such taxable (2) CONFORMING AMENDMENTS.—Subsection (d) ‘‘(III) AGGREGATE REPORTED AMOUNT.—The year, an exempt-interest dividend is the excess of section 853A is amended— term ‘aggregate reported amount’ means the ag- of— (A) by striking ‘‘and the notice to share- gregate amount of dividends reported by the ‘‘(I) the reported exempt-interest dividend holders required by subsection (c)’’ in the text company under clause (i) as interest related amount, over thereof, and dividends for the taxable year (including inter- ‘‘(II) the excess reported amount which is al- (B) by striking ‘‘AND NOTIFYING SHARE- est related dividends paid after the close of the locable to such reported exempt-interest divi- HOLDERS’’ in the heading thereof. taxable year described in section 855). dend amount. (e) DIVIDEND RECEIVED DEDUCTION, ETC.— ‘‘(IV) POST-DECEMBER REPORTED AMOUNT.— ‘‘(iii) ALLOCATION OF EXCESS REPORTED (1) IN GENERAL.—Paragraph (1) of section The term ‘post-December reported amount’ AMOUNT.— 854(b) is amended— means the aggregate reported amount deter- ‘‘(I) IN GENERAL.—Except as provided in sub- (A) by striking ‘‘designated under this sub- mined by taking into account only dividends clause (II), the excess reported amount (if any) paragraph by the regulated investment com- paid after December 31 of the taxable year. which is allocable to the reported exempt-inter- pany’’ in subparagraph (A) and inserting ‘‘re- ‘‘(v) TERMINATION.—The term ‘interest related est dividend amount is that portion of the excess ported by the regulated investment company as dividend’ shall not include any dividend with reported amount which bears the same ratio to eligible for such deduction in written statements respect to’’. the excess reported amount as the reported ex- furnished to its shareholders’’, (2) SHORT-TERM CAPITAL GAIN DIVIDENDS.— empt-interest dividend amount bears to the ag- (B) by striking ‘‘designated by the regulated Subparagraph (C) of section 871(k)(2) is amend- gregate reported amount. investment company’’ in subparagraph (B)(i) ed by striking all that precedes ‘‘any taxable ‘‘(II) SPECIAL RULE FOR NONCALENDAR YEAR and inserting ‘‘reported by the regulated invest- year of the company beginning’’ and inserting TAXPAYERS.—In the case of any taxable year ment company as qualified dividend income in the following:

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‘‘(C) SHORT-TERM CAPITAL GAIN DIVIDEND.— ‘‘(1) TREATMENT OF NONDEDUCTIBLE ITEMS.— (c) SHORT-TERM CAPITAL GAIN.—Subsection For purposes of this paragraph— ‘‘(A) NET CAPITAL LOSS.—If a regulated in- (a) of section 855 is amended by adding at the ‘‘(i) IN GENERAL.—Except as provided in vestment company has a net capital loss for any end the following: ‘‘For purposes of paragraph clause (ii), the term ‘short-term capital gain div- taxable year— (2), a dividend attributable to any short-term idend’ means any dividend, or part thereof, ‘‘(i) such net capital loss shall not be taken capital gain with respect to which a notice is re- which is reported by the company as a short- into account for purposes of determining the quired under the Investment Company Act of term capital gain dividend in written statements company’s earnings and profits, and 1940 shall be treated as the same type of divi- furnished to its shareholders. ‘‘(ii) any capital loss arising on the first day dend as a capital gain dividend.’’. ‘‘(ii) EXCESS REPORTED AMOUNTS.—If the ag- of the next taxable year by reason of clause (ii) (d) EFFECTIVE DATE.—The amendments made gregate reported amount with respect to the or (iii) of section 1212(a)(3)(A) shall be treated by this section shall apply to distributions in company for any taxable year exceeds the quali- as so arising for purposes of determining earn- taxable years beginning after the date of the en- fied short-term gain of the company for such ings and profits. actment of this Act. taxable year, the term ‘short-term capital gain ‘‘(B) OTHER NONDEDUCTIBLE ITEMS.— SEC. 305. RETURN OF CAPITAL DISTRIBUTIONS dividend’ means the excess of— ‘‘(i) IN GENERAL.—The earnings and profits of OF REGULATED INVESTMENT COM- ‘‘(I) the reported short-term capital gain divi- a regulated investment company for any taxable PANIES. dend amount, over year (but not its accumulated earnings and (a) IN GENERAL.—Subsection (b) of section 316 ‘‘(II) the excess reported amount which is al- profits) shall not be reduced by any amount is amended by adding at the end the following locable to such reported short-term capital gain which is not allowable as a deduction (other new paragraph: dividend amount. than by reason of section 265 or 171(a)(2)) in ‘‘(4) CERTAIN DISTRIBUTIONS BY REGULATED IN- ‘‘(iii) ALLOCATION OF EXCESS REPORTED computing its taxable income for such taxable VESTMENT COMPANIES IN EXCESS OF EARNINGS AMOUNT.— year. AND PROFITS.—In the case of a regulated invest- ‘‘(I) IN GENERAL.—Except as provided in sub- ‘‘(ii) COORDINATION WITH TREATMENT OF NET ment company that has a taxable year other clause (II), the excess reported amount (if any) CAPITAL LOSSES.—Clause (i) shall not apply to a than a calendar year, if the distributions by the which is allocable to the reported short-term net capital loss to which subparagraph (A) ap- company with respect to any class of stock of capital gain dividend amount is that portion of plies.’’. such company for the taxable year exceed the the excess reported amount which bears the (b) CONFORMING AMENDMENTS.— company’s current and accumulated earnings same ratio to the excess reported amount as the (1) Subsection (c) of section 852 is amended by and profits which may be used for the payment reported short-term capital gain dividend adding at the end the following new paragraph: of dividends on such class of stock, the com- amount bears to the aggregate reported amount. ‘‘(4) REGULATED INVESTMENT COMPANY.—For pany’s current earnings and profits shall, for ‘‘(II) SPECIAL RULE FOR NONCALENDAR YEAR purposes of this subsection, the term ‘regulated purposes of subsection (a), be allocated first to TAXPAYERS.—In the case of any taxable year investment company’ includes a domestic cor- distributions with respect to such class of stock which does not begin and end in the same cal- poration which is a regulated investment com- made during the portion of the taxable year endar year, if the post-December reported pany determined without regard to the require- which precedes January 1.’’. amount equals or exceeds the excess reported ments of subsection (a).’’. (b) EFFECTIVE DATE.—The amendment made amount for such taxable year, subclause (I) (2) Paragraphs (1)(A) and (2)(A) of section by this section shall apply to distributions made shall be applied by substituting ‘post-December 871(k) are each amended by inserting ‘‘which in taxable years beginning after the date of the reported amount’ for ‘aggregate reported meets the requirements of section 852(a) for the enactment of this Act. amount’ and no excess reported amount shall be taxable year with respect to which the dividend SEC. 306. DISTRIBUTIONS IN REDEMPTION OF allocated to any dividend paid on or before De- is paid’’ before the period at the end. STOCK OF A REGULATED INVEST- cember 31 of such taxable year. (c) EFFECTIVE DATE.—The amendments made MENT COMPANY. ‘‘(iv) DEFINITIONS.—For purposes of this sub- by this section shall apply to taxable years be- (a) REDEMPTIONS TREATED AS EXCHANGES.— paragraph— ginning after the date of the enactment of this (1) IN GENERAL.—Subsection (b) of section 302 ‘‘(I) REPORTED SHORT-TERM CAPITAL GAIN DIV- Act. is amended by redesignating paragraph (5) as IDEND AMOUNT.—The term ‘reported short-term SEC. 303. PASS-THRU OF EXEMPT-INTEREST DIVI- paragraph (6) and by inserting after paragraph capital gain dividend amount’ means the DENDS AND FOREIGN TAX CREDITS (4) the following new paragraph: amount reported to its shareholders under IN FUND OF FUNDS STRUCTURE. ‘‘(5) REDEMPTIONS BY CERTAIN REGULATED IN- clause (i) as a short-term capital gain dividend. (a) IN GENERAL.—Section 852 is amended by VESTMENT COMPANIES.—Except to the extent ‘‘(II) EXCESS REPORTED AMOUNT.—The term adding at the end the following new subsection: provided in regulations prescribed by the Sec- ‘excess reported amount’ means the excess of the ‘‘(g) SPECIAL RULES FOR FUND OF FUNDS.— retary, subsection (a) shall apply to any dis- aggregate reported amount over the qualified ‘‘(1) IN GENERAL.—In the case of a qualified tribution in redemption of stock of a publicly of- short-term gain of the company for the taxable fund of funds— fered regulated investment company (within the year. ‘‘(A) such fund shall be qualified to pay ex- meaning of section 67(c)(2)(B)) if— ‘‘(III) AGGREGATE REPORTED AMOUNT.—The empt-interest dividends to its shareholders with- ‘‘(A) such redemption is upon the demand of term ‘aggregate reported amount’ means the ag- out regard to whether such fund satisfies the re- the stockholder, and gregate amount of dividends reported by the quirements of the first sentence of subsection ‘‘(B) such company issues only stock which is company under clause (i) as short-term capital (b)(5), and redeemable upon the demand of the stock- gain dividends for the taxable year (including ‘‘(B) such fund may elect the application of holder.’’. short-term capital gain dividends paid after the section 853 (relating to foreign tax credit al- (2) CONFORMING AMENDMENT.—Subsection (a) close of the taxable year described in section lowed to shareholders) without regard to the re- of section 302 is amended by striking ‘‘or (4)’’ 855). quirement of subsection (a)(1) thereof. and inserting ‘‘(4), or (5)’’. ‘‘(IV) POST-DECEMBER REPORTED AMOUNT.— ‘‘(2) QUALIFIED FUND OF FUNDS.—For pur- (b) LOSSES ON REDEMPTIONS NOT DISALLOWED The term ‘post-December reported amount’ poses of this subsection, the term ‘qualified fund FOR FUND-OF-FUNDS REGULATED INVESTMENT means the aggregate reported amount deter- of funds’ means a regulated investment com- COMPANIES.—Paragraph (3) of section 267(f) is mined by taking into account only dividends pany if (at the close of each quarter of the tax- amended by adding at the end the following paid after December 31 of the taxable year. able year) at least 50 percent of the value of its new subparagraph: ‘‘(v) TERMINATION.—The term ‘short-term cap- total assets is represented by interests in other ‘‘(D) REDEMPTIONS BY FUND-OF-FUNDS REGU- ital gain dividend’ shall not include any divi- regulated investment companies.’’. LATED INVESTMENT COMPANIES.—Except to the dend with respect to’’. (b) EFFECTIVE DATE.—The amendment made extent provided in regulations prescribed by the (g) CONFORMING AMENDMENTS.—Section 855 is by this section shall apply to taxable years be- Secretary, subsection (a)(1) shall not apply to amended— ginning after the date of the enactment of this any distribution in redemption of stock of a reg- (1) by striking subsection (c) and redesig- Act. ulated investment company if— nating subsection (d) as subsection (c), and SEC. 304. MODIFICATION OF RULES FOR SPILL- ‘‘(i) such company issues only stock which is (2) by striking ‘‘, (c) and (d)’’ in subsection (a) OVER DIVIDENDS OF REGULATED IN- redeemable upon the demand of the stockholder, and inserting ‘‘and (c)’’. VESTMENT COMPANIES. and (h) EFFECTIVE DATE.—The amendments made (a) DEADLINE FOR DECLARATION OF DIVI- ‘‘(ii) such redemption is upon the demand of by this section shall apply to taxable years be- DEND.—Paragraph (1) of section 855(a) is another regulated investment company.’’. ginning after the date of the enactment of this amended to read as follows: (c) EFFECTIVE DATE.—The amendments made Act. ‘‘(1) declares a dividend before the later of— by this section shall apply to distributions after (i) APPLICATION OF JGTRRA SUNSET.—Section ‘‘(A) the 15th day of the 9th month following the date of the enactment of this Act. 303 of the Jobs and Growth Tax Relief Reconcili- the close of the taxable year, or SEC. 307. REPEAL OF PREFERENTIAL DIVIDEND ation Act of 2003 shall apply to the amendments ‘‘(B) in the case of an extension of time for fil- RULE FOR PUBLICLY OFFERED REG- made by subparagraphs (B) and (D) of sub- ing the company’s return for the taxable year, ULATED INVESTMENT COMPANIES. section (e)(1) to the same extent and in the same the due date for filing such return taking into (a) IN GENERAL.—Subsection (c) of section 562 manner as section 303 of such Act applies to the account such extension, and’’. is amended by striking ‘‘The amount’’ and in- amendments made by section 302 of such Act. (b) DEADLINE FOR DISTRIBUTION OF DIVI- serting ‘‘Except in the case of a publicly offered SEC. 302. EARNINGS AND PROFITS OF REGU- DEND.—Paragraph (2) of section 855(a) is regulated investment company (as defined in LATED INVESTMENT COMPANIES. amended by striking ‘‘the first regular dividend section 67(c)(2)(B)), the amount’’. (a) IN GENERAL.—Paragraph (1) of section payment’’ and inserting ‘‘the first dividend pay- (b) CONFORMING AMENDMENT.—Section 562(c) 852(c) is amended to read as follows: ment of the same type of dividend’’. is amended by inserting ‘‘(other than a publicly

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offered regulated investment company (as so de- (c) EFFECTIVE DATE.—The amendments made transaction (within the meaning of section 988) fined))’’ after ‘‘regulated investment company’’ by this section shall apply to taxable years be- and any amount includible in gross income in the second sentence thereof. ginning after the date of the enactment of this under section 1296(a)(1). (c) EFFECTIVE DATE.—The amendments made Act. ‘‘(ii) SPECIFIED LOSS.—The term ‘specified by this section shall apply to distributions in SEC. 309. EXCEPTION TO HOLDING PERIOD RE- loss’ means ordinary loss from the sale, ex- taxable years beginning after the date of the en- QUIREMENT FOR CERTAIN REGU- change, or other disposition of property (includ- actment of this Act. LARLY DECLARED EXEMPT-INTER- ing the termination of a position with respect to SEC. 308. ELECTIVE DEFERRAL OF CERTAIN LATE- EST DIVIDENDS. such property). Such term shall include any for- YEAR LOSSES OF REGULATED IN- (a) IN GENERAL.—Subparagraph (E) of section eign currency loss attributable to a section 988 VESTMENT COMPANIES. 852(b)(4) is amended by striking all that pre- transaction (within the meaning of section 988) (a) IN GENERAL.—Paragraph (8) of section cedes ‘‘In the case of a regulated investment and any amount allowable as a deduction under 852(b) is amended to read as follows: company’’ and inserting the following: section 1296(a)(2). ‘‘(8) ELECTIVE DEFERRAL OF CERTAIN LATE- ‘‘(E) EXCEPTION TO HOLDING PERIOD REQUIRE- ‘‘(C) SPECIAL RULE FOR COMPANIES ELECTING YEAR LOSSES.— MENT FOR CERTAIN REGULARLY DECLARED EX- TO USE THE TAXABLE YEAR.—In the case of any ‘‘(A) IN GENERAL.—Except as otherwise pro- EMPT-INTEREST DIVIDENDS.— company making an election under paragraph vided by the Secretary, a regulated investment ‘‘(i) DAILY DIVIDEND COMPANIES.—Except as (4), subparagraph (A) shall be applied by sub- company may elect for any taxable year to treat otherwise provided by regulations, subpara- stituting the last day of the company’s taxable any portion of any qualified late-year loss for graph (B) shall not apply with respect to a reg- year for October 31. such taxable year as arising on the first day of ular dividend paid by a regulated investment ‘‘(6) TREATMENT OF MARK TO MARKET GAIN.— the following taxable year for purposes of this company which declares exempt-interest divi-

title. dends on a daily basis in an amount equal to at ‘‘(B) QUALIFIED LATE-YEAR LOSS.—For pur- least 90 percent of its net tax-exempt interest ‘‘(A) IN GENERAL.—For purposes of deter- poses of this paragraph, the term ‘qualified late- and distributes such dividends on a monthly or mining a regulated investment company’s ordi- year loss’ means— more frequent basis. nary income, notwithstanding paragraph (1)(C), ‘‘(i) any post-October capital loss, and ‘‘(ii) AUTHORITY TO SHORTEN REQUIRED HOLD- each specified mark to market provision shall be ‘‘(ii) any late-year ordinary loss. ING PERIOD WITH RESPECT TO OTHER COMPA- applied as if such company’s taxable year ended ‘‘(C) POST-OCTOBER CAPITAL LOSS.—For pur- NIES.—’’. on October 31. In the case of a company making poses of this paragraph, the term ‘post-October (b) CONFORMING AMENDMENT.—Clause (ii) of an election under paragraph (4), the preceding capital loss’ means the greatest of— section 852(b)(4)(E), as amended by subsection sentence shall be applied by substituting the last ‘‘(i) the net capital loss attributable to the (a), is amended by inserting ‘‘(other than a com- day of the company’s taxable year for October portion of the taxable year after October 31, pany described in clause (i))’’ after ‘‘regulated 31. ‘‘(ii) the net long-term capital loss attributable investment company’’. ‘‘(B) SPECIFIED MARK TO MARKET PROVISION.— to such portion of the taxable year, or (c) EFFECTIVE DATE.—The amendments made For purposes of this paragraph, the term ‘speci- ‘‘(iii) the net short-term capital loss attrib- by this section shall apply to losses incurred on fied mark to market provision’ means sections utable to such portion of the taxable year. shares of stock for which the taxpayer’s holding 1256 and 1296 and any other provision of this ‘‘(D) LATE-YEAR ORDINARY LOSS.—For pur- period begins after the date of the enactment of title (or regulations thereunder) which treats poses of this paragraph, the term ‘late-year or- this Act. property as disposed of on the last day of the dinary loss’ means the excess (if any) of— taxable year. ‘‘(i) the sum of— TITLE IV—MODIFICATIONS RELATED TO ‘‘(I) the specified losses (as defined in section EXCISE TAX APPLICABLE TO REGU- ‘‘(7) ELECTIVE DEFERRAL OF CERTAIN ORDI- 4982(e)(5)(B)(ii)) attributable to the portion of LATED INVESTMENT COMPANIES NARY LOSSES.—Except as provided in regulations the taxable year after October 31, plus prescribed by the Secretary, in the case of a reg- SEC. 401. EXCISE TAX EXEMPTION FOR CERTAIN ulated investment company which has a taxable ‘‘(II) the ordinary losses not described in sub- REGULATED INVESTMENT COMPA- clause (I) attributable to the portion of the tax- NIES OWNED BY TAX EXEMPT ENTI- year other than the calendar year— able year after December 31, over TIES. ‘‘(A) such company may elect to determine its ‘‘(ii) the sum of— (a) IN GENERAL.—Subsection (f) of section 4982 ordinary income for the calendar year without ‘‘(I) the specified gains (as defined in section is amended— regard to any net ordinary loss (determined 4982(e)(5)(B)(i)) attributable to the portion of (1) by striking ‘‘either’’ in the matter pre- without regard to specified gains and losses the taxable year after October 31, plus ceding paragraph (1), taken into account under paragraph (5)) which ‘‘(II) the ordinary income not described in (2) by striking ‘‘or’’ at the end of paragraph is attributable to the portion of such calendar subclause (I) attributable to the portion of the (1), year which is after the beginning of the taxable taxable year after December 31. (3) by striking the period at the end of para- year which begins in such calendar year, and ‘‘(E) SPECIAL RULE FOR COMPANIES DETER- graph (2), and ‘‘(B) any amount of net ordinary loss not MINING REQUIRED CAPITAL GAIN DISTRIBUTIONS (4) by inserting after paragraph (2) the fol- taken into account for a calendar year by rea- ON TAXABLE YEAR BASIS.—In the case of a com- lowing new paragraphs: son of subparagraph (A) shall be treated as aris- pany to which an election under section ‘‘(3) any other tax-exempt entity whose own- ing on the 1st day of the following calendar 4982(e)(4) applies— ership of beneficial interests in the company year.’’. ‘‘(i) if such company’s taxable year ends with would not preclude the application of section (b) EFFECTIVE DATE.—The amendments made the month of November, the amount of qualified 817(h)(4), or by this section shall apply to calendar years be- late-year losses (if any) shall be computed with- ‘‘(4) another regulated investment company ginning after the date of the enactment of this out regard to any income, gain, or loss described described in this subsection.’’. Act. in subparagraphs (C), (D)(i)(I), and (D)(ii)(I), (b) EFFECTIVE DATE.—The amendment made SEC. 403. DISTRIBUTED AMOUNT FOR EXCISE TAX and by this section shall apply to calendar years be- PURPOSES DETERMINED ON BASIS ‘‘(ii) if such company’s taxable year ends with ginning after the date of the enactment of this OF TAXES PAID BY REGULATED IN- the month of December, subparagraph (A) shall Act. VESTMENT COMPANY. not apply.’’. SEC. 402. DEFERRAL OF CERTAIN GAINS AND (a) IN GENERAL.—Subsection (c) of section (b) CONFORMING AMENDMENTS.— LOSSES OF REGULATED INVEST- 4982 is amended by adding at the end the fol- (1) Subsection (b) of section 852 is amended by MENT COMPANIES FOR EXCISE TAX lowing new paragraph: striking paragraph (10). PURPOSES. ‘‘(4) SPECIAL RULE FOR ESTIMATED TAX PAY- (2) Paragraph (2) of section 852(c) is amended (a) IN GENERAL.—Subsection (e) of section by striking the first sentence and inserting the 4982 is amended by striking paragraphs (5) and MENTS.— following: ‘‘For purposes of applying this chap- (6) and inserting the following new paragraphs: ‘‘(A) IN GENERAL.—In the case of a regulated ter to distributions made by a regulated invest- ‘‘(5) TREATMENT OF SPECIFIED GAINS AND investment company which elects the applica- ment company with respect to any calendar LOSSES AFTER OCTOBER 31 OF CALENDAR YEAR.— tion of this paragraph for any calendar year— year, the earnings and profits of such company ‘‘(i) the distributed amount with respect to shall be determined without regard to any net ‘‘(A) IN GENERAL.—Any specified gain or spec- such company for such calendar year shall be capital loss attributable to the portion of the ified loss which (but for this paragraph) would increased by the amount on which qualified es- taxable year after October 31 and without re- be properly taken into account for the portion of timated tax payments are made by such com- gard to any late-year ordinary loss (as defined the calendar year after October 31 shall be pany during such calendar year, and in subsection (b)(8)(D)).’’ treated as arising on January 1 of the following ‘‘(ii) the distributed amount with respect to (3) Subparagraph (D) of section 871(k)(2) is calendar year. such company for the following calendar year amended by striking the last two sentences and ‘‘(B) SPECIFIED GAINS AND LOSSES.—For pur- shall be reduced by the amount of such increase. inserting the following: ‘‘For purposes of this poses of this paragraph— ‘‘(B) QUALIFIED ESTIMATED TAX PAYMENTS.— subparagraph, the net short-term capital gain of ‘‘(i) SPECIFIED GAIN.—The term ‘specified For purposes of this paragraph, the term ‘quali- the regulated investment company shall be com- gain’ means ordinary gain from the sale, ex- fied estimated tax payments’ means, with re- puted by treating any short-term capital gain change, or other disposition of property (includ- spect to any calendar year, payments of esti- dividend includible in gross income with respect ing the termination of a position with respect to mated tax of a tax described in paragraph (1)(B) to stock of another regulated investment com- such property). Such term shall include any for- for any taxable year which begins (but does not pany as a short-term capital gain.’’. eign currency gain attributable to a section 988 end) in such calendar year.’’.

VerDate Mar 15 2010 06:47 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 6333 E:\CR\FM\A15DE7.044 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8417 (b) EFFECTIVE DATE.—The amendment made income of $80,000. More than 50 percent portive, and no opposition came before by this section shall apply to calendar years be- of 401(k) plan assets were invested in us with respect to the legislation. It ginning after the date of the enactment of this mutual funds at the end of 2009. was passed in the Senate last week by Act. H.R. 4337 was introduced last year by unanimous consent, with one change. SEC. 404. INCREASE IN REQUIRED DISTRIBUTION Mr. RANGEL and me to modernize the OF CAPITAL GAIN NET INCOME. My hope is today, Chairman LEVIN, (a) IN GENERAL.—Subparagraph (B) of section tax laws regarding regulated invest- Chairman NEAL, Madam Speaker, that 4982(b)(1) is amended by striking ‘‘98 percent’’ ment companies, better known as mu- this House will once again vote for this and inserting ‘‘98.2 percent’’. tual funds. The tax rules that relate to underlying piece of legislation with the (b) EFFECTIVE DATE.—The amendments made mutual funds date back more than 50 one change and send it on to the Presi- by this section shall apply to calendar years be- years, and although these rules have dent. Let’s make this change, and let’s ginning after the date of the enactment of this been updated from time to time, it has Act. give American mutual fund investors been over 20 years since the rules were some certainty into the future. TITLE V—OTHER PROVISIONS last revisited. I yield back the balance of my time. SEC. 501. REPEAL OF ASSESSABLE PENALTY WITH The bill before us today would make RESPECT TO LIABILITY FOR TAX OF several changes to the Tax Code to ad- Mr. LEVIN. Madam Speaker, the bill REGULATED INVESTMENT COMPA- before us right now makes important NIES. dress outdated provisions, such as rules changes to the tax law rules that re- (a) IN GENERAL.—Part I of subchapter B of that relate to preferential dividends, chapter 68 is amended by striking section 6697 rules that require mutual funds to send late, as Mr. NEAL and Mr. TIBERI said, (and by striking the item relating to such sec- separate annual dividend designation to regulated investment companies, tion in the table of sections of such part). notices to shareholders, and rules that more commonly known as mutual (b) CONFORMING AMENDMENT.—Section 860 is prevent mutual funds from earning in- funds. They were described 80 years ago amended by striking subsection (j). come from commodities. in testimony before the Ways and (c) EFFECTIVE DATE.—The amendments made In June, my subcommittee, the Se- Means Committee as, ‘‘A group of by this section shall apply to taxable years be- small investors who have banded to- ginning after the date of the enactment of this lect Revenue Measures Subcommittee, Act. reviewed this legislation with a panel gether for the purpose of obtaining di- SEC. 502. MODIFICATION OF SALES LOAD BASIS of experts who expressed support for versity and supervision through the DEFERRAL RULE FOR REGULATED the changes. Simply put, the sub- medium of pooling their investments.’’ INVESTMENT COMPANIES. committee held a hearing, and there While mutual funds continue to serve (a) IN GENERAL.—Subparagraph (C) of section was broad support on the Democratic this important role, the tax rules that 852(f)(1) is amended by striking ‘‘subsequently side and on the Republican side for the acquires’’ and inserting ‘‘acquires, during the govern mutual funds have not been up- period beginning on the date of the disposition accomplishment that sits in front of dated in over 20 years. In June of this referred to in subparagraph (B) and ending on us. year, the Select Revenue Measures January 31 of the calendar year following the I am pleased to support this modified Subcommittee, chaired by Mr. NEAL, calendar year that includes the date of such dis- legislation, which is also revenue neu- heard testimony from a variety of in- position,’’. tral. The Ways and Means Committee dustry experts stressing the impor- (b) EFFECTIVE DATE.—The amendment made has a responsibility to review our tax tance of modifying our Nation’s tax by this section shall apply to charges incurred rules from time to time and to remove laws to ensure that the technical tax in taxable years beginning after the date of the the deadwood and update where nec- enactment of this Act. rules pertaining to mutual funds would essary. This bill accomplishes that to better interact with other tax rules. The SPEAKER pro tempore. Pursu- the benefit of the investors, taxpayers, ant to the rule, the gentleman from The Ways and Means Committee and and mutual fund companies. the Congress have an obligation to en- Michigan (Mr. LEVIN) and the gen- I urge its adoption. I thank the chair- tleman from Ohio (Mr. TIBERI) each sure that our tax rules keep up with man for yielding to me, and I thank the times, so the bill before us would will control 20 minutes. our friends on the other side for their The Chair recognizes the gentleman update and simplify the rules that endorsement of this legislation as well. apply to mutual funds to ensure that from Michigan. Mr. TIBERI. I yield myself such time small investors are not disadvantaged GENERAL LEAVE as I may consume. simply because they band their invest- Mr. LEVIN. Madam Speaker, I ask Madam Speaker, as was just said, ments together through a mutual fund unanimous consent that all Members regulated investment companies, bet- rather than investing directly. have 5 legislative days to revise and ex- ter known as mutual funds to most tend their remarks and insert any ex- Americans and to us, are intended to The bill enjoys strong bipartisan sup- traneous material in the CONGRES- provide individual investors the ability port. It passed the House by voice vote SIONAL RECORD. to invest easily and with low cost in a earlier this year and just last week was The SPEAKER pro tempore. Is there diversified pool of professionally man- amended to pass the Senate by unani- objection to the request of the gen- aged investments, and they have mous consent. tleman from Michigan? worked. In fact, according to the In- I want to thank all of my colleagues There was no objection. vestment Company Institute, the larg- on Ways and Means and all others who Mr. LEVIN. I yield such time as he est trade association for mutual funds, joined for their contributions to ensure may consume to the gentleman from as Chairman NEAL said, more than 50 that these important changes to the Massachusetts (Mr. NEAL), someone million American families currently mutual fund rules can be swiftly signed who has been working on this issue invest in mutual funds. into law by the President of the United for—I don’t know how long—a long Most of the current laws that mutual States. Passage today will do just that. time. funds have to deal with have not been So I urge strong support for this meas- Mr. NEAL. I thank the chairman. comprehensively updated for more ure. Madam Speaker, this legislation has than two decades. In fact, H.R. 4337 I yield back the balance of my time. already passed the House. It really was would modify and update certain tech- The SPEAKER pro tempore. The a bipartisan achievement this year, nical tax rules pertaining to mutual question is on the motion offered by and much of the good work that went funds. These changes will allow mutual the gentleman from Michigan (Mr. into this legislation has been years in funds to better conform to and interact LEVIN) that the House suspend the coming. with other aspects of the Tax Code and rules and concur in the Senate amend- More than 100 years ago, the first security laws. ment to the bill, H.R. 4337. mutual fund was started in Boston, As Chairman NEAL said, we had a Massachusetts. Mutual funds have been wonderful hearing where every single The question was taken; and (two- a way for the ‘‘everyman’’ to invest in person who testified agreed to the thirds being in the affirmative) the the market with benefits of pooling changes in the underlying piece of leg- rules were suspended and the Senate and diversification. Today, more than islation. It was passed in this House amendment was concurred in. 50 million households invest through unanimously after that hearing this A motion to reconsider was laid on mutual funds with a median household last summer. Every witness was sup- the table.

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.044 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8418 CONGRESSIONAL RECORD — HOUSE December 15, 2010 b 1750 DIVISION B—TARIFF AND RELATED Sec. 1134. Solvent Violet 13. PROVISIONS Sec. 1135. Solvent Violet 11. OMNIBUS TRADE ACT OF 2010 Sec. 1001. Reference. Sec. 1136. Disperse Blue 359. Sec. 1137. Disperse Yellow 241. Mr. LEVIN. Madam Speaker, I move TITLE I—NEW AND EXISTING DUTY Sec. 1138. Dimyristyl peroxydicarbonate. to suspend the rules and pass the bill SUSPENSIONS AND REDUCTIONS (H.R. 6517) to extend trade adjustment Sec. 1139. Dicetyl peroxydicarbonate. Subtitle A—New Duty Suspensions and Sec. 1140. Variable speed hubs (except 2- and assistance and certain trade preference Reductions 3-speed). programs, to amend the Harmonized Sec. 1101. Certain plasma flat panel displays. Sec. 1141. 1,4-Benzenedisulfonic acid, 2,2′-[(1- Tariff Schedule of the United States to Sec. 1102. Golf club driver heads. methyl-1,2- modify temporarily certain rates of Sec. 1103. Electronic dimming ballasts. ethanediyl)bis[imino(6-fluoro- duty, and for other purposes, as amend- Sec. 1104. Nickel carbonate. 1,3,5-triazine-4,2-diyl)imino(1- ed. Sec. 1105. Cobalt carbonate. hydroxy-3-sulfo-6,2- The Clerk read the title of the bill. Sec. 1106. Tebuthiuron. naphthalenediyl)azo]]bis[5- Sec. 1107. 2,4-Diamino-3- [4-(2- The text of the bill is as follows: methoxy-, sodium salt. sulfoxyethylsulfonyl)- Sec. 1142. 2,7-Naphthalenedisulfonic acid, 5- H.R. 6517 phenylazo]-5- [4-(2- [[4-chloro-6-[[2-[[4-chloro-6-[[7- Be it enacted by the Senate and House of Rep- sulfoxyethylsulfonyl) -2- [[4- resentatives of the United States of America in sulfophenylazo] (ethenylsulfonyl)phenyl]azo]-8- Congress assembled, -benzenesulfonic acid potassium hydroxy-3,6-disulfo-1- SECTION 1. SHORT TITLE. sodium salt. naphthalenyl]amino]-1,3,5- This Act may be cited as the ‘‘Omnibus Sec. 1108. Acrylic or modacrylic synthetic triazin-2-yl]amino]ethyl](2-hy- Trade Act of 2010’’. staple fibers, not carded, droxyethyl)amino]-1,3,5-triazin- SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; combed, or otherwise processed 2-yl]amino]-3-[[4- TABLE OF CONTENTS. for spinning, containing 85 per- (ethenylsulfonyl)phenyl]azo]-4- (a) DIVISIONS.—This Act is organized into cent or more by weight of acry- hydroxy-, sodium salt. three divisions as follows: lonitrile units. Sec. 1143. S-Methoprene. (1) Division A—Extension of Trade Adjust- Sec. 1109. Capacitor grade homopolymer Sec. 1144. S-abscisic acid. ment Assistance and certain trade preference polypropylene resin in primary Sec. 1145. 1,2,4-Triazole. programs. form. Sec. 1146. Fluopicolide. (2) Division B—Tariff and related provi- Sec. 1110. Compound T3028. Sec. 1147. Fenhexamid. sions. Sec. 1111. 4-Vinylbenzenesulfonic acid, so- Sec. 1148. Belt & Synapse. (3) Division C—Offsets. dium salt hydrate. Sec. 1149. Acetoacetamide. Sec. 1112. 4-Vinylbenzenesulfonic acid, lith- Sec. 1150. Squaric acid. (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: ium salt. Sec. 1151. Chlorodimethylacetoacetamide. Sec. 1113. Certain cathode ray tubes. Sec. 1152. Certain mixtures of N,N′- Sec. 1. Short title. Sec. 1114. Bromacil. dimethylacetoacetamide. Sec. 2. Organization of Act into divisions; Sec. 1115. Dimethyl 2,3,5,6-tetrachloro-1,4- Sec. 1153. Lambda-cyhalothrin. table of contents. benzenedicarboxylate. Sec. 1154. Mondur M Flaked. DIVISION A—EXTENSION OF TRADE AD- Sec. 1116. 1,1,2-2-Tetrafluoroethylene, Sec. 1155. Certain acrylic fiber tow. JUSTMENT ASSISTANCE AND CERTAIN oxidized, polymerized, reduced. Sec. 1156. Single light optical sensor, stain- TRADE PREFERENCE PROGRAMS Sec. 1117. Diphosphoric acid, polymers with less steel casing, 0.5 meter-long, TITLE I—TRADE ADJUSTMENT ASSIST- ethoxylated reduced methyl 2.2 millimeter diameter cable. ANCE AND HEALTH COVERAGE IM- esters of reduced polymerized Sec. 1157. A5546 sulfonamide. PROVEMENT oxidized tetrafluoroethylene. Sec. 1158. Hexanedioic acid, polymer with Subtitle A—Extension of Trade Adjustment Sec. 1118. 1,2-Propanediol, 3-(diethylamino)-, 1,2-ethanediol, 2-ethyl-2- Assistance polymers with 5-isocyanato-1- (hydroxymethyl)-1,3- (isocyanatomethyl)-1,3,3,- propanediol and 1,3- Sec. 101. Extension of Trade Adjustment As- trimethylcyclohexane, pro- isobenzofurandione, 2- sistance. pylene glycol and reduced propenoate. Sec. 102. Merit staffing for State adminis- methyl esters of reduced po- Sec. 1159. Certain hot feed extruding ma- tration of Trade Adjustment lymerized oxidized tetrafluoro- chines certified by the importer Assistance. ethylene, 2-ethyl-1-hexanol- as being used in the production Subtitle B—Health Coverage Improvement blocked, acetates (salts). of truck and automobile tires, Sec. 111. Improvement of the affordability of Sec. 1119. Spirotetramat. such machines capable of ex- the credit. Sec. 1120. Flubendiamide. truding rubber materials meas- Sec. 112. Payment for the monthly pre- Sec. 1121. 1,3-Cyclohexanedione. uring 870 mm or more but not miums paid prior to commence- Sec. 1122. Thiencarbazone-methyl. over 1200 mm in width, and ment of the advance payments Sec. 1123. Tembotrione. parts thereof. of credit. Sec. 1124. 2-(Methylthio)-4-(trifluoromethyl) Sec. 1160. 7-Hydroxy. Sec. 113. TAA recipients not enrolled in benzoic acid. Sec. 1161. Dimethomorph. training programs eligible for Sec. 1125. Products containing 3-Mesityl-2- Sec. 1162. Certain engines for snowmobiles. credit. oxo-1-oxaspiro[4.4]non-3-en-4-yl Sec. 1163. Mixtures of polyvinyl alcohol and Sec. 114. TAA pre-certification period rule 3,3-dimethylbutyrate. polyvinyl pyrrolidone. for purposes of determining Sec. 1126. Mixtures containing Sec. 1164. Zinc diethylphosphinate. whether there is a 63-day lapse Pyrasulfotole: 5-Hydroxy-1,3- Sec. 1165. VAT Orange 7. in creditable coverage. dimethylpyrazol-4-yl 2-mesyl-4- Sec. 1166. 1-Nitroanthraquinone. Sec. 115. Continued qualification of family (trifluoromethyl)phenyl ke- Sec. 1167. Leucoquinizarin. members after certain events. tone; and Bromoxynil Octa- Sec. 1168. 2,2′-(2-Methylpropylidene) bis(4,6- Sec. 116. Extension of COBRA benefits for noate: 2,4-Dibromo-6- dimethylphenol). certain TAA-eligible individ- cyanophenyl octanoate; and Sec. 1169. 2,5-Bis(1,1-dimethylpropyl)-1,4- uals and PBGC recipients. Bromoxynil Heptanoate: 2,4- benzenediol. Sec. 117. Addition of coverage through vol- Dibromo-6-cyanophenyl Sec. 1170. 4,4′-Thiobis[2-(1,1-di-methylethyl)- untary employees’ beneficiary heptanoate. 5-methyl-phenol]. associations. Sec. 1127. Cyprosulfamide. Sec. 1171. Benzeneacetic acid, α-amino-4- Sec. 118. Notice requirements. Sec. 1128. Mixtures of N-[2-(2- chloro. Subtitle C—Other Modifications to Trade oxoimidazolidine-1-yl)ethyl]-2- Sec. 1172. 1-Amino-2,6-dimethylbenzene. Adjustment Assistance methylacrylamide, methacrylic Sec. 1173. p-Aminobenzoic Acid. acid, aminoethyl ethylene urea Sec. 1174. 2-Amino-3-Cyanothiophene. Sec. 121. Community College and Career and hydroquinone. Sec. 1175. Nesoi hubs. Training Grant Program. Sec. 1129. Quinaldine. Sec. 1176. Polyethylene glycol branched- TITLE II—GENERALIZED SYSTEM OF Sec. 1130. 4,4′-Butylidenebis[2-(1,1- nonylphenyl ether phosphate. PREFERENCES AND ANDEAN TRADE dimethylethyl)-5-methyl- Sec. 1177. Bismuth subsalicylate. PREFERENCES ACT phenol]. Sec. 1178. 5-Ethyl-2-methylpyridine. Sec. 201. Extension of Generalized System of Sec. 1131. 2,2′-Methylenebis[6-(1,1- Sec. 1179. Polyphenolcyanate. Preferences. dimethylethyl)-4-phenol. Sec. 1180. Chemical that is used for dyeing Sec. 202. Extension of Andean Trade Pref- Sec. 1132. Basic Red 51. apparel home textiles. erence Act. Sec. 1133. 2-Aminotoluene-5-sulfonic acid. Sec. 1181. Hexane, 1,6-dichloro-.

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0655 E:\CR\FM\K15DE7.112 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8419 Sec. 1182. Propanedioic acid, diethyl ester. Sec. 2102. Phosmet technical. Sec. 2153. Fluopyram. Sec. 1183. Butane, 1-chloro. Sec. 2103. Chime melody rod assemblies. Sec. 2154. Indaziflam. Sec. 1184. Mixtures containing methyl 2- Sec. 2104. Urea, polymer with formaldehyde Sec. 2155. Nitroguanidine. [(4,6-dimethoxypyrimidin-2- and 2-methylpropanal. Sec. 2156. Guanidine nitrate. ylcarbamoyl)sulfamoyl]-α- Sec. 2105. Certain clock movements. Sec. 2157. Certain hydrogenated polymers of (methanesulfonamido)-p- Sec. 2106. Certain glass snow globes. norbornene derivatives. toluate (Mesosulfuron-methyl) Sec. 2107. Certain acrylic snow globes. Sec. 2158. Certain plug-in electrothermic ap- and methyl 4-iodo-2-[3-(4- Sec. 2108. Terbacil. pliances. methoxy-6-methyl-1,3,5-triazin- Sec. 2109. Certain ski equipment. Sec. 2159. Continuous action, self-contained, 2-yl)ureidosulfonyl]benzoate, Sec. 2110. Prosulfuron. refillable, fan-motor driven, sodium salt (Iodosulfuron Sec. 2111. Manganese flake containing at battery-operated, portable per- methyl, sodium salt), whether least 99.5 percent by weight of sonal device for mosquito or not mixed with application manganese. repellents. adjuvants. Sec. 2112. N-Benzyl-N-ethylaniline. Sec. 2160. 4-Chloro-1,8-naphthalic anhydride. Sec. 1185. Mixtures containing [3-[(6-chloro- Sec. 2113. Dodecyl aniline. Sec. 2161. Neopentyl glycol (mono) 3-pridinyl)methyl]-2- Sec. 2114. Mixtures of Chlorsulfuron and hydroxypivalate. thiazolidinylidene]cyanamide. Metsulfuron-methyl and inert Sec. 2162. o-Toluidine. Sec. 1186. Mixtures containing (E)-1-[(6- ingredients. Sec. 2163. Blocked polyisocyanate hardener; chloro-3-pyridinyl)methyl]-N- Sec. 2115. Paraquat dichloride. 2-butanone, oxime, polymer nitro-2-imidazolidinimine Sec. 2116. p-Toluidine. with 1,6-diisocyanatohexane (Imidacloprid). Sec. 2117. p-Nitrotoluene. and 2-ethyl-2-(hydroxymethyl)- Sec. 1187. Mixtures containing methyl 4- Sec. 2118. Acrylic resin solution. 1,3-propanediol. [(4,5-dihydro-3-methoxy-4-meth- Sec. 2119. Benzenamine, 4 dodecyl. Sec. 2164. Mixtures of barium sulfate and yl-5-oxo-1H-1,2,4-triazol-1- Sec. 2120. Propylene glycol alginates. magnesium metal. yl)carbonylsulfamoyl]-5- Sec. 2121. Certain alginates. Sec. 2165. Poly(melamine-co-formaldelhyde) methylthiophene-3-carboxylate Sec. 2122. Sodium alginate. methylated butylated. (Thiencarbazone-methyl). Sec. 2123. Certain fiberglass sheets used to Sec. 2166. Poly(melamine-co-formaldelhyde) Sec. 1188. 2-Amino-5-chloro-N,3- make ceiling tiles. methylated isobutylated. dimethylbenzamide. Sec. 2124. Certain fiberglass sheets used to Sec. 2167. Ion exchange resin, tertiary amine Sec. 1189. [3-(4,5-Dihydro-isoxazol-3-yl)-4- make flooring substrate. crosslinked polystyrene. methylsulfonyl-2- Sec. 2125. Certain bamboo vases. Sec. 2168. Ion exchange resin, polystyrene methylphenyl](5-hydroxy-1- Sec. 2126. Certain plastic children’s wallets. crosslinked with methyl-1H-pyrazol-4-yl) Sec. 2127. Certain coupon holders. divinylbenzene, quaternary methanone (Topramezone). Sec. 2128. Certain inflatable swimming amonium chloride. Sec. 1190. Products containing (E)-1-(2- pools. Sec. 2169. Ion exhange resin, polystyrene chloro-1,3-thiazol-5-ylmethyl)- Sec. 2129. Chlorantraniliprole. crosslinked with 3-methyl-2-nitroguanidine Sec. 2130. 2-butyne-1,4-diol, polymer with divinylbenzene, (Clothianidin). (chloromethyl)oxirane, chloromethylated, Sec. 1191. Tetrakis(hydroxymethyl) brominated, trimethylammonium salt. phosphonium sulfate (THPS). dehydrochlorinated, Sec. 2170. Ion exchange resin consisting of Sec. 1192. 1,1′-(1-Methylethylidene)bis(3,5- methoxylated and triethyl styrene-divinylbenzene- dibromo-4-(2,3- phosphate. vinylethylbenzene copolymer, dibromopropoxy)benzene Sec. 2131. Daminozide. sulfonated, sodium salts. (Tetrabromobisphenol A bis(2,3- Sec. 2132. Dimethyl hydrogen phosphite. Sec. 2171. Triethylenediamine. dibromopropyl ether). Sec. 2172. Poly(oxy-1,2-ethanediyl), α-(2- Sec. 2133. Phosphonic acid, maleic anhydride Sec. 1193. Bells designed for use on bicycles. ethylhexyl-ω-hydroxy-, phos- Sec. 1194. Acid blue 171 (Cobaltate(2-), [6- sodium salt complex. Sec. 2134. Coflake. phate. (amino-κN)-5-[[2-(hydroxy-κO)-4- Sec. 2173. Macroporous adsorpent polymer Sec. 2135. 3-Amino-1,2-propanediol. nitrophenyl]azo-κN1}-Nmethyl- composed of crosslinked phe- Sec. 2136. Ultraviolet lamps filled with deu- 2-naphthalenesulfonamidato(2- nol-formaldehyde terium gas. )][6-(amino-κN)-5-[[2-(hydroxy- polycondesate resin in granular Sec. 2137. Pyraflufen-ethyl. κO)-4-nitrophenyl]azo-κN1]-2- form having a mean particle naphthalenesulfonato(3-)]-, di- Sec. 2138. Mixture of 2-[4-[(2-hydroxy-3- dodecyloxypropyl)oxy]-2- size of 0.56 to 0.76 mm. sodium). Sec. 2174. Poly(4-(1- hydroxphenyl] -4,6-bis(2,4- Sec. 1195. Tetrapotassium hexa(cyano-C) isobutoxyethoxy)styrene-co-4- dimethylphenyl)-1,3,5-triazine cobaltate(4-). hydroxystyrene) dissolved in 1- and 2-[4-[(2-hydroxy-3- Sec. 1196. Triallyl cyanurate. methoxy-2-propanol acetate. tridecyloxypropyl)oxy]-2- Sec. 1197. Certain Christmas-tree filament Sec. 2175. Poly[(4-(1-ethoxyethoxy) styrene)/ hydroxyphenyl]-4,6-bis(2,4- lamps. (4-(t-butoxycarbonyloxy) sty- dimethylphenyl)-1,3,5-triazine Sec. 1198. Certain Christmas-tree filament rene)/(4-hydroxystyrene)]. lamps designed for a voltage in propylene glycol Sec. 2176. 6-Diazo-5,6-dihydro-5-oxo-naph- not exceeding 100 V. monomethyl ether. thalene-1-sulfonic acid ester Sec. 1199. Mixtures containing (5- Sec. 2139. Buprofezin. with 2-[Bis(4-hydroxy-2,3,5- cyclopropyl-1,2-oxazol-4- Sec. 2140. Fenpyroximate. trimethylphenyl)methyl] phe- yl)(α,α,α-trifluoro-2-mesyl-p- Sec. 2141. Chloroantraniliprole. nol. tolyl)methanone (Isoxaflutole). Sec. 2142. Acai, pulp, otherwise prepared or Sec. 2177. Benzoyl chloride. Sec. 1200. N,N-Dimethylacetoacetamide. preserved, whether or not con- Sec. 2178. Chlorobenzene. Sec. 1201. Certain mixtures of N,N- taining added sugar or other Sec. 2179. p-Dichlorobenzene. dimethylacetoacetamide. sweetening matter or spirit. Sec. 2180. Certain steam hair straighteners. Sec. 1202. Chemical used in the production of Sec. 2143. Certain radiobroadcast band re- Sec. 2181. Certain ice cream makers. textiles. ceivers. Sec. 2182. Certain food choppers. Sec. 1203. Chemical that is used for dyeing Sec. 2144. Certain switchgear and panel Sec. 2183. Certain programmable dual func- certain home textiles. boards specifically designed for tion coffee makers. Sec. 1204. Reactive Red 228. wind turbine generators. Sec. 1205. Paraquat Technical + Emetic. Sec. 2184. Certain electric coffee makers Sec. 2145. Certain power factor capacitor Sec. 1206. Tembotrione. with built-in bean storage hop- Sec. 1207. Certain products. panels specifically designed for pers. Sec. 1208. Ferroniobium. wind turbine generators. Sec. 2185. Sardines, sardinella and bristling Sec. 1209. Effective date. Sec. 2146. Certain isotopic separation cas- or sprats, in oil, in airtight con- Subtitle B—Extension of Existing Duty cades. tainers, neither skinned nor Suspension Sec. 2147. Certain sensors. boned. Sec. 2148. Certain drive motor battery trans- Sec. 2186. Certain image projectors designed Sec. 1301. Extension of certain existing duty ducers. to soothe or entertain infants. suspension. Sec. 2149. Certain electric motor controllers. Sec. 2187. 2-Oxepanone polymer, 1-3- Sec. 1302. Effective date. Sec. 2150. Certain chargers. isobenzofuranedione termi- TITLE II—ADDITIONAL TARIFF Sec. 2151. Certain lithium-ion battery cells. nated. PROVISIONS Sec. 2152. Mixtures of Imidacloprid with Sec. 2188. 2-Oxepanone, polymer with 1,6- Subtitle A—Additional New Duty Cyfluthrin or its β-cyfluthrin hexanediol. Suspensions and Reductions isomer, including application Sec. 2189. ε-Caprolactone polymer with Sec. 2101. Fenarimol technical. adjuvants. poly(1,4-butylene glycol).

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0655 E:\CR\FM\A15DE7.039 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8420 CONGRESSIONAL RECORD — HOUSE December 15, 2010 Sec. 2190. Poly(caprolactone) diol. Sec. 2226. Fluthiacet-methyl. TITLE III—MODIFICATION OF WOOL AP- Sec. 2191. Caprolactone homopolymer. Sec. 2227. Formulations containing PAREL MANUFACTURERS TRUST FUND Sec. 2192. 2,4,6-Tris Fluthiacet-methyl. Sec. 3001. Modification of Wool Apparel [(dimethylamin- Sec. 2228. Certain electrodes pastes. Manufacturers Trust Fund. o)methyl]phenol. Sec. 2229. Ethyl [4-chloro-2-fluoro-5-[[[[meth- TITLE IV—LIQUIDATION OR RELIQUIDA- Sec. 2193. Propanoic acid, 3-hydroxy-2- yl(1-methylethyl)amino] TION OF CERTAIN LINE ITEMS (hydroxymethyl)-2-methyl- sulfony- Sec. 4001. Reliquidation of certain orange homopolymer, ester with α- l]amino]carbonyl]phenyl] car- juice entries. hydro-ω-hydroxypoly(oxy-1,2- bamate. Sec. 4002. Reliquidation of certain entries of ethanediyl) ether with 2,2- Sec. 2230. Ethyl 3-amino-4,4,4- industrial nitrocellulose from bis(hydroxymethyl)-1,3- trifluorocrotonate. the United Kingdom. propanediol (4:4:1), 2,2-bis[(2- Sec. 2231. Diethyl oxalate. propenyloxy)methyl]butyl Sec. 4003. Prohibition on collection of cer- Sec. 2232. Potassium decafluoro(pentafluoro- tain payments made under the succinates C3-24 carboxylates. ethyl)cyclohexanesulfonate. Sec. 2194. 2-Oxepanone, polymer with 2,2- Continued Dumping and Sub- Sec. 2233. Certain dynamic microphones. sidy Offset Act of 2000. bis(hydroxymethyl)-1,3- Sec. 2234. 2-Propenoic acid, reaction prod- propanediol. ucts with o-cresol- TITLE V—TECHNICAL CORRECTIONS Sec. 2195. 2-Oxepanone, polymer with 1,4- epichlorohydrin-formaldehyde Sec. 5001. Technical corrections. butanediol. polymer and 3a,4,7,7a- Sec. 5002. Additional technical correction. Sec. 2196. Dianil. tetrahydro-1,3- DIVISION C—OFFSETS Sec. 2197. s-Metolachlor. isobenzofurandione. TITLE I—OFFSETS Sec. 2198. Frames and mountings for spec- Sec. 2235. Formaldehyde, polymer with tacles, goggles, or the like, the Sec. 10001. Customs user fees. methylphenol, 2-hydroxy-3-[(1- Sec. 10002. Time for payment of corporate foregoing of plastics. oxo-2-propenyl)oxy]propyl ether Sec. 2199. 1,3-Propanediaminium, N-[3-[[[di- estimated taxes. and formaldehyde, polymer methyl [3-[(2-methyl-1-oxo-2- Sec. 10003. Compliance with PAYGO. with (chloromethyl)oxirane and propenyl)amino] propyl] DIVISION A—EXTENSION OF TRADE AD- methylphenol, 4-cyclohexene- ammonio] acetyl] amino] JUSTMENT ASSISTANCE AND CERTAIN 1,2-dicarboxylate 2-propenoate. propyl]-2-hydroxy-N,N,N′,N′,N′- TRADE PREFERENCE PROGRAMS Sec. 2236. Variable-focal-length (zoom) pentamethyl-, trichloride, poly- lenses for digital cameras. TITLE I—TRADE ADJUSTMENT ASSIST- mer with 2-propenamide. Sec. 2237. Certain umbrellas having an arc ANCE AND HEALTH COVERAGE IM- Sec. 2200. 2-Cyclohexylidene-2- greater than 152 cm but not PROVEMENT phenylacetonitrile. more than 165 cm. Subtitle A—Extension of Trade Adjustment Sec. 2201. Poly(dicyclopentadiene-co-p-cre- Assistance sol). Sec. 2238. 4-Methylbenzenesulfonamide. Sec. 2202. 2-Oxepanone, polymer with Sec. 2239. Mixture of calcium hydroxide, SEC. 101. EXTENSION OF TRADE ADJUSTMENT AS- aziridine and tetrahydro-2H- magnesium hydroxide, alu- SISTANCE. pyran-2-one, dodecanoate ester minum silicate, and stearic (a) IN GENERAL.—Section 1893(a) of the dispersant in n-butyl acetate. acid. Trade and Globalization Adjustment Assist- Sec. 2203. Amine neutralized phosphated pol- Sec. 2240. Certain electrical connectors. ance Act of 2009 (Public Law 111–5; 123 Stat. yester polymer dispersant in Sec. 2241. Certain tamper resistant ground 422) is amended by striking ‘‘January 1, 2011’’ aromatic naphtha solvent. fault circuit interrupter recep- each place it appears and inserting ‘‘July 1, Sec. 2204. Certain plastic laminate sheets. tacles. 2012’’. Sec. 2205. Parts of frames and mountings for Sec. 2242. Certain high pressure fuel pumps. (b) APPLICATION OF PRIOR LAW.—Section spectacles, goggles, or the like. Sec. 2243. Certain hybrid electric vehicle in- 1893(b) of the Trade and Globalization Ad- Sec. 2206. Certain window shade material of verters. justment Assistance Act of 2009 (Public Law paper strips. Sec. 2244. Certain direct injection fuel 111–5; 123 Stat. 422 (19 U.S.C. 2271 note prec.)) Sec. 2207. Certain window shade material of injectors. is amended to read as follows: bamboo. Sec. 2245. Certain power electronics boxes ‘‘(b) APPLICATION OF PRIOR LAW.—Chapters Sec. 2208. Certain windsock-type decoys. and static converter composite 2, 3, 4, 5, and 6 of title II of the Trade Act of Sec. 2209. Certain windsocks with silhouette units. 1974 (19 U.S.C. 2271 et seq.) shall be applied heads. Sec. 2246. Certain engines to be installed in and administered beginning July 1, 2012, as if Sec. 2210. Certain implements for cleaning work trucks. the amendments made by this subtitle (other hunted fowl. Sec. 2247. Certain window shade material in than part VI) had never been enacted, except Sec. 2211. Alkanes C10-C14. rolls. that in applying and administering such Sec. 2212. 2-hydroxyethyl-n-octyl sulfide. Sec. 2248. 4,4′-Methylenebis(2-chloroaniline). chapters— Sec. 2213. Certain photomask blanks. Sec. 2249. Methyl chloroacetate. ‘‘(1) section 245 of that Act shall be applied Sec. 2214. Certain earphones. Sec. 2250. Certain laminated film. and administered by substituting ‘June 30, Sec. 2215. Certain hot feed extruding ma- Sec. 2251. Methyl acrylate. 2013’ for ‘December 31, 2007’; chines for building truck and Sec. 2252. Hexanedioic acid, polymer with N- ‘‘(2) section 246(b)(1) of that Act shall be automobile tires. (2-aminoethyl)-1,3- applied and administered by substituting Sec. 2216. Mixtures of propanediamine, aziridine, ‘June 30, 2013’ for ‘the date that is 5 years’ tetraki- (chloromethyl)oxirane, 1,2- and all that follows through ‘State’; s(hydroxymethyl)phosphonium ethanediamine, N,N-1,2- ‘‘(3) section 256(b) of that Act shall be ap- chloride - urea polymer and ethanediylbis(1,3- plied and administered by substituting ‘the tetraki- propanediamine), formic acid 1-year period beginning July 1, 2012, and end- s(hydroxymethyl)phosphonium and alpha-hydro-omega- ing June 30, 2013,’ for ‘each of fiscal years chloride, and formaldehyde. hydroxypoly(oxy-1,2- 2003 through 2007, and $4,000,000 for the 3- Sec. 2217. p-Fluorobenzaldehyde. ethanediyl). month period beginning on October 1, 2007,’; Sec. 2218. Bicyclo[2.2.1]-hept-5-ene-2,3- Sec. 2253. N-Vinylformamide. ‘‘(4) section 298(a) of that Act shall be ap- dicarboxylic anhydride. Sec. 2254. Low molecular weight plied and administered by substituting ‘the Sec. 2219. o-Dichlorobenzene. ethylenimine copolymers, 1,2- 1-year period beginning July 1, 2012, and end- ′ Sec. 2220. 2,2 -Dithioibisbenzothiazole. ethanediamine, polymer with ing June 30, 2013,’ for ‘each of the fiscal Sec. 2221. Audio interface units for sound aziridine, whether in aqueous years’ and all that follows through ‘October mixing, recording, and editing. solution or water free grades. 1, 2007’; and Sec. 2222. Certain electric cooktops. Sec. 2255. Antarctic krill oil. ‘‘(5) subject to subsection (a)(2), section 285 Sec. 2223. Chromate(4-), [7-amino-3-[(3- Sec. 2256. Mixture of 1-(1,2,3,4,5,6,7,8- of that Act shall be applied and adminis- chloro-2-hydroxy-5- octahydro-2,3,8,8-tetramethyl-2- tered— nitrophenyl)azo]-4-hydroxy-2- naphthalenyl)-ethan-1-one (and ‘‘(A) in subsection (a), by substituting naphthalenesulfonato(3-)][6- isomers). ‘June 30, 2013’ for ‘December 31, 2007’ each amino-4-hydroxy-3-[(2-hydroxy- Sec. 2257. Effective date. place it appears; and 5-nitro-3-sulfophenyl)azo]-2- ‘‘(B) by applying and administering sub- naphthalenesulfonato(4-)]-, Subtitle B—Additional Existing Duty section (b) as if it read as follows: tetrasodium. Suspensions and Reductions ‘‘ ‘(b) OTHER ASSISTANCE.— Sec. 2224. Pigment Orange 62. Sec. 2301. Extension of certain existing duty ‘‘ ‘(1) ASSISTANCE FOR FIRMS.— Sec. 2225. Mixtures of Flusilazole with xy- suspensions and reductions and ‘‘ ‘(A) IN GENERAL.—Except as provided in lene and inert application adju- other modifications. subparagraph (B), assistance may not be pro- vants. Sec. 2302. Effective date. vided under chapter 3 after June 30, 2013.

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‘‘ ‘(B) EXCEPTION.—Notwithstanding sub- (10) Section 279B(a) of the Trade Act of 1974 (b) EFFECTIVE DATE.—The amendment paragraph (A), any assistance approved (19 U.S.C. 2373a(a)) is amended to read as fol- made by this section shall apply to coverage under chapter 3 on or before June 30, 2013, lows: months beginning after December 31, 2010. may be provided— ‘‘(a) IN GENERAL.— SEC. 114. TAA PRE-CERTIFICATION PERIOD RULE ‘‘ ‘(i) to the extent funds are available pur- ‘‘(1) AUTHORIZATION.—There are authorized FOR PURPOSES OF DETERMINING suant to such chapter for such purpose; and to be appropriated to the Secretary of Labor WHETHER THERE IS A 63-DAY LAPSE ‘‘ ‘(ii) to the extent the recipient of the as- to carry out the Sector Partnership Grant IN CREDITABLE COVERAGE. sistance is otherwise eligible to receive such program under section 279A— (a) IRC AMENDMENT.—Section 9801(c)(2)(D) assistance. ‘‘(A) $40,000,000 for fiscal year 2011; and of the Internal Revenue Code of 1986 is amended by striking ‘‘January 1, 2011’’ and ‘‘ ‘(2) FARMERS.— ‘‘(B) $30,000,000 for the 9-month period be- inserting ‘‘July 1, 2012’’. ‘‘ ‘(A) IN GENERAL.—Except as provided in ginning October 1, 2011, and ending June 30, (b) ERISA AMENDMENT.—Section 2012. subparagraph (B), assistance may not be pro- 701(c)(2)(C) of the Employee Retirement In- vided under chapter 6 after June 30, 2013. ‘‘(2) AVAILABILITY OF APPROPRIATIONS.— come Security Act of 1974 (29 U.S.C. ‘‘ ‘(B) EXCEPTION.—Notwithstanding sub- Funds appropriated pursuant to this section 1181(c)(2)(C)) is amended by striking ‘‘Janu- paragraph (A), any assistance approved shall remain available until expended.’’. ary 1, 2011’’ and inserting ‘‘July 1, 2012’’. under chapter 6 on or before June 30, 2013, (11) Section 285 of the Trade Act of 1974 (19 (c) PHSA AMENDMENT.—Section may be provided— U.S.C. 2271 note) is amended— 2701(c)(2)(C) of the Public Health Service Act ‘‘ ‘(i) to the extent funds are available pur- (A) by striking ‘‘December 31, 2010’’ each (as in effect for plan years beginning before suant to such chapter for such purpose; and place it appears and inserting ‘‘June 30, January 1, 2014) is amended by striking ‘‘ ‘(ii) to the extent the recipient of the as- 2012’’; and ‘‘January 1, 2011’’ and inserting ‘‘July 1, sistance is otherwise eligible to receive such (B) in subsection (a)(2)(A), by inserting 2012’’. assistance.’.’’. ‘‘pursuant to petitions filed under section 221 (d) EFFECTIVE DATE.—The amendments (c) CONFORMING AMENDMENTS.— before July 1, 2012’’ after ‘‘title’’. made by this section shall apply to plan (1) Section 236(a)(2)(A) of the Trade Act of (12) Section 298(a) of the Trade Act of 1974 years beginning after December 31, 2010. 1974 (19 U.S.C. 2296(a)(2)(A)) is amended to (19 U.S.C. 2401g(a)) is amended by striking SEC. 115. CONTINUED QUALIFICATION OF FAM- read as follows: ‘‘$90,000,000 for each of the fiscal years 2009 ILY MEMBERS AFTER CERTAIN ‘‘(2)(A) The total amount of payments that and 2010, and $22,500,000 for the period begin- EVENTS. (a) IN GENERAL.—Section 35(g)(9) of the In- may be made under paragraph (1) shall not ning October 1, 2010, and ending December 31, ternal Revenue Code of 1986, as added by sec- exceed— 2010’’ and inserting ‘‘$67,500,000 for the 9- tion 1899E(a) of the American Recovery and ‘‘(i) $575,000,000 for fiscal year 2011; and month period beginning January 1, 2011, and ending September 30, 2011, and $67,500,000 for Reinvestment Tax Act of 2009 (relating to ‘‘(ii) $431,250,000 for the 9-month period be- continued qualification of family members ginning October 1, 2011, and ending June 30, the 9-month period beginning October 1, 2011, and ending June 30, 2012’’. after certain events), is amended by striking 2012.’’. ‘‘January 1, 2011’’ and inserting ‘‘July 1, (2) Section 245(a) of the Trade Act of 1974 (13) The table of contents for the Trade Act of 1974 is amended by striking the item relat- 2012’’. (19 U.S.C. 2317(a)) is amended by striking (b) CONFORMING AMENDMENT.—Section ing to section 235 and inserting the fol- ‘‘December 31, 2010’’ and inserting ‘‘June 30, 173(f)(8) of the Workforce Investment Act of lowing: 2012’’. 1998 (29 U.S.C. 2918(f)(8)) is amended by strik- (3) Section 246(b)(1) of the Trade Act of 1974 ‘‘Sec. 235. Employment and case manage- ing ‘‘January 1, 2011’’ and inserting ‘‘July 1, (19 U.S.C. 2318(b)(1)) is amended by striking ment services.’’. 2012’’. ‘‘December 31, 2010’’ and inserting ‘‘June 30, (d) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE.—The amendments 2012’’. made by this section shall take effect on made by this section shall apply to months (4) Section 255(a) of the Trade Act of 1974 January 1, 2011. beginning after December 31, 2010. (19 U.S.C. 2345(a)) is amended— SEC. 102. MERIT STAFFING FOR STATE ADMINIS- SEC. 116. EXTENSION OF COBRA BENEFITS FOR (A) in the first sentence to read as follows: TRATION OF TRADE ADJUSTMENT CERTAIN TAA-ELIGIBLE INDIVID- ‘‘There are authorized to be appropriated to ASSISTANCE. UALS AND PBGC RECIPIENTS. the Secretary to carry out the provisions of (a) IN GENERAL.—Notwithstanding section (a) ERISA AMENDMENTS.— this chapter $50,000,000 for fiscal year 2011 618.890(b) of title 20, Code of Federal Regula- (1) PBGC RECIPIENTS.—Section 602(2)(A)(v) and $37,500,000 for the 9-month period begin- tions, or any other provision of law, the sin- of the Employee Retirement Income Secu- ning October 1, 2011, and ending June 30, gle transition deadline for implementing the rity Act of 1974 (29 U.S.C. 1162(2)(A)(v)) is 2012.’’; and merit-based State personnel staffing require- amended by striking ‘‘December 31, 2010’’ and (B) in paragraph (1), by striking ‘‘Decem- ments contained in section 618.890(a) of title inserting ‘‘June 30, 2012’’. ber 31, 2010’’ and inserting ‘‘June 30, 2012’’. 20, Code of Federal Regulations, shall not be (2) TAA-ELIGIBLE INDIVIDUALS.—Section (5) Section 275(f) of the Trade Act of 1974 earlier than June 30, 2012. 602(2)(A)(vi) of such Act (29 U.S.C. (19 U.S.C. 2371d(f)) is amended by striking (b) EFFECTIVE DATE.—This section shall 1162(2)(A)(vi)) is amended by striking ‘‘De- ‘‘2011’’ and inserting ‘‘2013’’. take effect on December 14, 2010. cember 31, 2010’’ and inserting ‘‘June 30, (6) Section 276(c)(2) of the Trade Act of 1974 Subtitle B—Health Coverage Improvement 2012’’. (b) IRC AMENDMENTS.— (19 U.S.C. 2371e(c)(2)) is amended to read as SEC. 111. IMPROVEMENT OF THE AFFORDABILITY (1) PBGC RECIPIENTS.—Section follows: OF THE CREDIT. 4980B(f)(2)(B)(i)(V) of the Internal Revenue ‘‘(2) FUNDS TO BE USED.—Of the funds ap- (a) IN GENERAL.—Section 35(a) of the Inter- propriated pursuant to section 277(c), the Code of 1986 is amended by striking ‘‘Decem- nal Revenue Code of 1986 is amended by ber 31, 2010’’ and inserting ‘‘June 30, 2012’’. Secretary may make available, to provide striking ‘‘January 1, 2011’’ and inserting grants to eligible communities under para- (2) TAA-ELIGIBLE INDIVIDUALS.—Section ‘‘July 1, 2012’’. 4980B(f)(2)(B)(i)(VI) of such Code is amended graph (1), not more than— (b) CONFORMING AMENDMENT.—Section by striking ‘‘December 31, 2010’’ and insert- ‘‘(A) $25,000,000 for fiscal year 2011; and 7527(b) of such Code is amended by striking ‘‘(B) $18,750,000 for the 9-month period be- ing ‘‘June 30, 2012’’. ‘‘January 1, 2011’’ and inserting ‘‘July 1, (c) PHSA AMENDMENTS.—Section ginning October 1, 2011, and ending June 30, 2012’’. 2012.’’. 2202(2)(A)(iv) of the Public Health Service (c) EFFECTIVE DATE.—The amendments Act (42 U.S.C. 300bb–2(2)(A)(iv)) is amended (7) Section 277(c) of the Trade Act of 1974 made by this section shall apply to coverage by striking ‘‘December 31, 2010’’ and insert- (19 U.S.C. 2371f(c)) is amended— months beginning after December 31, 2010. ing ‘‘June 30, 2012’’. (A) by amending paragraph (1) to read as SEC. 112. PAYMENT FOR THE MONTHLY PRE- (d) EFFECTIVE DATE.—The amendments follows: MIUMS PAID PRIOR TO COMMENCE- made by this section shall apply to periods of ‘‘(1) IN GENERAL.—There are authorized to MENT OF THE ADVANCE PAYMENTS coverage which would (without regard to the be appropriated to the Secretary to carry OF CREDIT. amendments made by this section) end on or out this subchapter— (a) IN GENERAL.—Section 7527(e) of the In- after December 31, 2010. ‘‘(A) $150,000,000 for fiscal year 2011; and ternal Revenue Code of 1986 is amended by SEC. 117. ADDITION OF COVERAGE THROUGH ‘‘(B) $112,500,000 for the 9-month period be- striking ‘‘January 1, 2011’’ and inserting VOLUNTARY EMPLOYEES’ BENE- ginning October 1, 2011 and ending June 30, ‘‘July 1, 2012’’. FICIARY ASSOCIATIONS. 2012.’’; and (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 35(e)(1)(K) of the (B) in paragraph (2)(A), by striking ‘‘De- made by this section shall apply to coverage Internal Revenue Code of 1986 is amended by cember 31, 2010’’ and inserting ‘‘June 30, months beginning after December 31, 2010. striking ‘‘January 1, 2011’’ and inserting 2012’’. SEC. 113. TAA RECIPIENTS NOT ENROLLED IN ‘‘July 1, 2012’’. (8) Section 278(e) of the Trade Act of 1974 TRAINING PROGRAMS ELIGIBLE FOR (b) EFFECTIVE DATE.—The amendment (19 U.S.C. 2372(e)) is amended by striking CREDIT. made by this section shall apply to coverage ‘‘2011’’ and inserting ‘‘2013’’. (a) IN GENERAL.—Section 35(c)(2)(B) of the months beginning after December 31, 2010. (9) Section 279A(h)(2) of the Trade Act of Internal Revenue Code of 1986 is amended by SEC. 118. NOTICE REQUIREMENTS. 1974 (19 U.S.C. 2373(h)(2)) is amended by strik- striking ‘‘January 1, 2011’’ and inserting (a) IN GENERAL.—Section 7527(d)(2) of the ing ‘‘2011’’ and inserting ‘‘2013’’. ‘‘July 1, 2012’’. Internal Revenue Code of 1986 is amended by

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.039 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8422 CONGRESSIONAL RECORD — HOUSE December 15, 2010 striking ‘‘January 1, 2011’’ and inserting Federal, State, and local public funds ex- (ii) in subclause (III)(bb), by striking ‘‘and ‘‘July 1, 2012’’. pended to support community college and for the succeeding 3-year period’’ and insert- (b) EFFECTIVE DATE.—The amendment career training programs. ing ‘‘and for the succeeding 4-year period’’; made by this section shall apply to certifi- ‘‘(e) AVAILABILITY.—Funds appropriated and cates issued after December 31, 2010. under subsection (b) shall remain available (B) in clause (v)(II), by striking ‘‘7 suc- Subtitle C—Other Modifications to Trade for the fiscal year for which the funds are ap- ceeding 1-year periods’’ and inserting ‘‘8 suc- Adjustment Assistance propriated and the subsequent fiscal year.’’. ceeding 1-year periods’’; and SEC. 121. COMMUNITY COLLEGE AND CAREER TITLE II—GENERALIZED SYSTEM OF (2) in subparagraph (E)(ii)(II), by striking TRAINING GRANT PROGRAM. PREFERENCES AND ANDEAN TRADE ‘‘December 31, 2010’’ and inserting ‘‘June 30, (a) IN GENERAL.—Section 278(a) of the PREFERENCES ACT 2012’’. Trade Act of 1974 (19 U.S.C. 2372(a)) is amend- (d) ANNUAL REPORT.—Section 203(f)(1) of SEC. 201. EXTENSION OF GENERALIZED SYSTEM the Andean Trade Preference Act (19 U.S.C. ed by adding at the end the following: OF PREFERENCES. ‘‘(3) RULE OF CONSTRUCTION.—For purposes 3202(f)(1)) is amended by striking ‘‘every 2 Section 505 of the Trade Act of 1974 (19 of this section, any reference to ‘workers’, years’’ and inserting ‘‘annually’’. U.S.C. 2465) is amended by striking ‘‘Decem- ‘workers eligible for training under section ber 31, 2010’’ and inserting ‘‘June 30, 2012’’. DIVISION B—TARIFF AND RELATED 236’, or any other reference to workers under PROVISIONS this section shall be deemed to include indi- SEC. 202. EXTENSION OF ANDEAN TRADE PREF- viduals who are, or are likely to become, eli- ERENCE ACT. SEC. 1001. REFERENCE. gible for unemployment compensation as de- (a) EXTENSION.—Section 208(a)(1) of the An- Except as otherwise expressly provided, fined in section 85(b) of the Internal Revenue dean Trade Preference Act (19 U.S.C. whenever in this division an amendment or Code of 1986, or who remain unemployed 3206(a)(1)) is amended to read as follows: repeal is expressed in terms of an amend- after exhausting all rights to such compensa- ‘‘(1) remain in effect— ment to, or repeal of, a chapter, subchapter, tion.’’. ‘‘(A) with respect to Colombia after June note, additional U.S. note, heading, sub- (b) AUTHORIZATION OF APPROPRIATIONS.— 30, 2012; and heading, or other provision, the reference Section 279 of the Trade Act of 1974 (19 U.S.C. ‘‘(B) with respect to Peru after December shall be considered to be made to a chapter, 2372a) is amended— 31, 2010;’’. subchapter, note, additional U.S. note, head- (1) in subsection (a), by striking the last (b) ECUADOR.—Section 208(a)(2) of the An- ing, subheading, or other provision of the sentence; and dean Trade Preference Act (19 U.S.C. Harmonized Tariff Schedule of the United (2) by adding at the end the following: 3206(a)(2)) is amended by striking ‘‘December States (19 U.S.C. 3007). ‘‘(c) ADMINISTRATIVE AND RELATED COSTS.— 31, 2010’’ and inserting ‘‘June 30, 2012’’. TITLE I—NEW AND EXISTING DUTY The Secretary may retain not more than 5 (c) TREATMENT OF CERTAIN APPAREL ARTI- SUSPENSIONS AND REDUCTIONS percent of the funds appropriated under sub- CLES.—Section 204(b)(3) of the Andean Trade section (b) for each fiscal year to administer, Preference Act (19 U.S.C. 3203(b)(3)) is Subtitle A—New Duty Suspensions and evaluate, and establish reporting systems for amended— Reductions the Community College and Career Training (1) in subparagraph (B)— SEC. 1101. CERTAIN PLASMA FLAT PANEL DIS- Grant program under section 278. (A) in clause (iii)— PLAYS. ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Funds (i) in subclause (II), by striking ‘‘8 suc- Subchapter II of chapter 99 is amended by appropriated under subsection (b) shall be ceeding 1-year periods’’ and inserting ‘‘9 suc- inserting in numerical sequence the fol- used to supplement and not supplant other ceeding 1-year periods’’; and lowing new heading:

‘‘ 9902.41.01 Plasma flat panel displays (provided for in subheading 8529.90.53) ...... 0.2% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1102. GOLF CLUB DRIVER HEADS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.02 Golf club driver heads (provided for in subheading 9506.39.00) ...... 4.6% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1103. ELECTRONIC DIMMING BALLASTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.03 Electronic dimming ballasts, each having a three-wire control scheme (provided for in subheading 8504.10.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1104. NICKEL CARBONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.04 Nickel carbonate (CAS No. 3333–67–3 or 12244–51–8) (provided for in subheading 2836.99.50) Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1105. COBALT CARBONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.05 Cobalt carbonate (CAS No. 513–79–1 or 7542–09–8) (provided for in subheading 2836.99.10) ... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1106. TEBUTHIURON. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.06 1-(5-tert-Butyl-1,3,4-thiadiazol-2-yl)-1,3-dimethylurea (Tebuthiuron) (CAS No. 34014–18–1) (provided for in subheading 2934.99.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1107. 2,4-DIAMINO-3- [4-(2-SULFOXYETHYLSULFONYL)- PHENYLAZO]-5- [4-(2-SULFOXYETHYLSULFONYL) -2-SULFOPHENYLAZO] -BENZENESULFONIC ACID POTASSIUM SODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.07 2,4-Diamino-3- [4-(2-sulfoxyethyl sulfonyl)- phenylazo]-5- [4-(2-sulfoxyethyl sulfonyl) -2- sulfophenylazo]-benzenesulfonic acid potassium sodium salt (CAS No. 187026–95–5) (pro- vided for in subheading 3204.16.30) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1108. ACRYLIC OR MODACRYLIC SYNTHETIC STAPLE FIBERS, NOT CARDED, COMBED, OR OTHERWISE PROCESSED FOR SPINNING, CONTAINING 85 PERCENT OR MORE BY WEIGHT OF ACRYLONITRILE UNITS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.41.08 Acrylic staple fibers (polyacrylonitrile staple) containing 85 percent or more by weight of acrylonitrile units and 2 percent or more but not over 3 percent of water, colored, crimped, with an average decitex of 3.0 (plus or minus 10 percent) and fiber length of 48 mm (plus or minus 10 percent) (provided for in subheading 5503.30.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1109. CAPACITOR GRADE HOMOPOLYMER POLYPROPYLENE RESIN IN PRIMARY FORM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.09 Capacitor grade homopolymer polypropylene resin in primary form (CAS No. 9003–07–0), certified by the importer as intended for use in manufacturing capacitor film and hav- ing an ash content less than 50 ppm (provided for in subheading 3902.10.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1110. COMPOUND T3028. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.10 (2R,3R)-3-(3-Methoxyphenyl)-N,N,2-trimethylpentanamine monohydrobromide (CAS No. 898290–88–5) (provided for in subheading 2922.29.61) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1111. 4-VINYLBENZENESULFONIC ACID, SODIUM SALT HYDRATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.11 4-Vinylbenzenesulfonic acid, sodium salt hydrate (CAS No. 2695–37–6) (provided for in subheading 2904.10.37) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1112. 4-VINYLBENZENESULFONIC ACID, LITHIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.12 4-Vinylbenzenesulfonic acid, lithium salt (CAS No. 4551–88–6) (provided for in subheading 2904.10.32) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1113. CERTAIN CATHODE RAY TUBES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.13 Cathode-ray data/graphic display tubes, color, with a phosphor dot screen pitch of 0.305 mm or more but not exceeding 0.315 mm, a 90-degree deflection, a video display diagonal of 69.5 cm or more and an aspect ratio of 1 to 1 (provided for in subheading 8540.40.00) ..... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1114. BROMACIL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.14 5-Bromo-3-sec-butyl-6-methyluracil (Bromacil) (CAS No. 314–40–9) (provided for in sub- heading 2933.59.18) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1115. DIMETHYL 2,3,5,6-TETRACHLORO-1,4-BENZENEDICARBOXYLATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.15 Dimethyl 2,3,5,6-tetrachloro-1,4-benzenedicarboxylate (CAS No. 1861–32–1) (provided for in subheading 2917.39.70) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1116. 1,1,2-2-TETRAFLUOROETHYLENE, OXIDIZED, POLYMERIZED, REDUCED. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.16 1,1,2-2-Tetrafluoroethylene, oxidized, polymerized, reduced (CAS No. 69991–62–4) (pro- vided for in subheading 3402.90.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1117. DIPHOSPHORIC ACID, POLYMERS WITH ETHOXYLATED REDUCED METHYL ESTERS OF REDUCED POLYMERIZED OXIDIZED TETRAFLUORO- ETHYLENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.17 Diphosphoric acid, polymers with ethoxylated reduced methyl esters of reduced polym- erized oxidized tetrafluoroethylene (CAS No. 200013–65–6) (provided for in subheading 3904.69.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1118. 1,2-PROPANEDIOL, 3-(DIETHYLAMINO)-, POLYMERS WITH 5-ISOCYANATO-1-(ISOCYANATOMETHYL)-1,3,3,-TRIMETHYLCYCLOHEXANE, PROPYLENE GLYCOL AND REDUCED METHYL ESTERS OF REDUCED POLYMERIZED OXIDIZED TETRAFLUOROETHYLENE, 2-ETHYL-1-HEXANOL-BLOCKED, ACETATES (SALTS). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.18 1,2-Propanediol, 3-(diethylamino)-, polymers with 5-isocyanato-1-(isocyanatomethyl)- 1,3,3,-trimethylcyclohexane, propylene glycol and reduced methyl esters of reduced po- lymerized oxidized tetrafluoroethylene, 2-ethyl-1-hexanol-blocked, acetates (salts) (CAS No. 328389–90–8) (provided for in subheadings 3809.92.50 and 3907.20.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1119. SPIROTETRAMAT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.41.19 cis-4-(Ethoxycarbonyloxy)-8-methoxy-3-(2,5-xylyl)-1-azaspiro[4.5]dec-3-en-2-one (Spirotetramat) (CAS No. 203313–25–1) (provided for in subheading 2933.79.08) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1120. FLUBENDIAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.20 3-Iodo-N′-(2-mesyl-1,1-dimethylethyl)-N-{4-[1,2,2,2-tetrafluoro-1-(trifluoromethyl)ethyl]- o-tolyl}phthalamide (Flubendiamide) (CAS No. 272451–65–7) (provided for in subheading 2930.90.10) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1121. 1,3-CYCLOHEXANEDIONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.21 1,3-Cyclohexanedione (CAS No. 504–02–9) (provided for in subheading 2914.29.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1122. THIENCARBAZONE-METHYL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.22 Methyl 4-({[(3-methoxy-4-methyl-5-oxo-4,5-dihydro-1H-1,2,4-triazol-1- yl)carbonyl]amino}sulfonyl)-5-methylthiophene-3-carboxylate(Thiencarbazone-methyl) (CAS No. 317815–83–1) (provided for in subheading 2935.00.75) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1123. TEMBOTRIONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.23 Mixtures containing 2-{2-chloro-4-mesyl-3- [(2,2,2- trifluoroethoxy) methyl]benzoyl} cyclohexane-1, 3-dione (Tembotrione) (CAS No. 335104–84–2), ethyl 4,5-dihydro-5, 5-di- phenyl-1,2-oxazole- 3-carboxylate (Isoxadifen-ethyl) (CAS No. 163520–33–0) and applica- tion adjuvants (provided for in subheading 3808.93.15) ...... 2.4% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1124. 2-(METHYLTHIO)-4-(TRIFLUOROMETHYL) BENZOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.24 2-(Methylthio)-4-(trifluoromethyl) benzoic acid (CAS No. 142994–05–6) (provided for in subheading 2930.90.29) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1125. PRODUCTS CONTAINING 3-MESITYL-2-OXO-1-OXASPIRO[4.4]NON-3-EN-4-YL 3,3-DIMETHYLBUTYRATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.25 Products containing 3-mesityl-2-oxo-1-oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutyrate (spiromesifen) (CAS No. 283594–90–1) (provided for in subheading 3808.91.25) ...... 4.1% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1126. MIXTURES CONTAINING PYRASULFOTOLE: 5-HYDROXY-1,3-DIMETHYLPYRAZOL-4-YL 2-MESYL-4-(TRIFLUOROMETHYL)PHENYL KETONE; AND BROMOXYNIL OCTANOATE: 2,4-DIBROMO-6-CYANOPHENYL OCTANOATE; AND BROMOXYNIL HEPTANOATE: 2,4-DIBROMO-6-CYANOPHENYL HEPTANOATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.26 Mixtures containing (5-hydroxy-1,3-dimethylpyrazol-4-yl)(α,α,α-trifluoro-2-mesyl-p- tolyl)methanone (Pyrasulfotole) (CAS No. 365400–11–9); 2,6-dibromo-4-cyanophenyl octa- noate (Bromoxynil Octanoate) (CAS No. 1689–99–2) and 2,6-dibromo-4-cyanophenyl heptanoate (Bromoxynil Heptanoate) (CAS No. 56634–95–8) (provided for in subheading 3808.93.15) ...... 3.9% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1127. CYPROSULFAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.27 N-[4-(cyclopropylcarbamoyl)phenylsulfonyl]-2-methoxybenzamide (Cyprosulfamide) (CAS No. 221667–31–8) (provided for in subheading 2935.00.75) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1128. MIXTURES OF N-[2-(2-OXOIMIDAZOLIDINE-1-YL)ETHYL]-2-METHYLACRYLAMIDE, METHACRYLIC ACID, AMINOETHYL ETHYLENE UREA AND HY- DROQUINONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.28 Mixtures of N-[2-(2-oxoimidazolidine-1-yl)ethyl]-2-methylacrylamide (CAS No. 3089–19– 8), methacrylic acid (CAS No. 79–41–4), aminoethyl ethylene urea (CAS No. 6281–42–1) and hydroquinone (CAS No. 123–31–9) (provided for in subheading 3824.90.92) ...... 3.4% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1129. QUINALDINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.29 2-Methylquinoline (CAS No. 91–63–4) (provided for in subheading 2933.49.70) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1130. 4,4′-BUTYLIDENEBIS[2-(1,1-DIMETHYLETHYL)-5-METHYLPHENOL]. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.30 4,4′-Butylidenebis[2-(1,1-dimethylethyl)-5-methylphenol] (CAS No. 85–60–9) (provided for in subheading 2907.29.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

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‘‘ 9902.41.31 2,2′-Methylenebis[6-(1,1-dimethylethyl)-4-phenol (CAS No. 119–47–1) (provided for in sub- heading 2907.29.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1132. BASIC RED 51. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.32 Basic Red 51 (CAS No. 12270–25–6) (provided for in subheading 3204.13.80) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1133. 2-AMINOTOLUENE-5-SULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.33 2-Aminotoluene-5-sulfonic acid (CAS No. 98–33–9) (provided for in subheading 2921.43.90) Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1134. SOLVENT VIOLET 13. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.34 Solvent Violet 13 (CAS No. 81–48–1) (provided for in subheading 3204.19.25) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1135. SOLVENT VIOLET 11. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.35 Solvent Violet 11 (CAS No. 128–95–0) (provided for in subheading 3204.19.25) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1136. DISPERSE BLUE 359. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.36 Disperse blue 359 (CAS No. 62570–50–7) (provided for in subheading 3204.11.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1137. DISPERSE YELLOW 241. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.37 Disperse Yellow 241 (CAS No. 83249–52–9) (provided for in subheading 3204.11.35) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1138. DIMYRISTYL PEROXYDICARBONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.38 Dimyristyl peroxydicarbonate (CAS No. 53220–22–7) (provided for in subheading 2920.90.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1139. DICETYL PEROXYDICARBONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.39 Dicetyl peroxydicarbonate (CAS No. 26332–14–5) (provided for in subheading 2920.90.50) .... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1140. VARIABLE SPEED HUBS (EXCEPT 2- AND 3-SPEED). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.40 Variable speed hubs (except 2- and 3-speed) (provided for in subheading 8714.93.28) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1141. 1,4-BENZENEDISULFONIC ACID, 2,2′-[(1-METHYL-1,2-ETHANEDIYL)BIS[IMINO(6-FLUORO-1,3,5-TRIAZINE-4,2-DIYL)IMINO(1-HYDROXY-3-SULFO-6,2- NAPHTHALENEDIYL)AZO]]BIS[5-METHOXY-, SODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.41 1,4-Benzenedisulfonic acid, 2,2′-[(1-methyl-1,2-ethanediyl)bis[imino(6-fluoro-1,3,5-tri- azine-4,2-diyl)imino(1-hydroxy-3-sulfo-6,2-naphthalenediyl)azo]]bis[5-methoxy-, sodium salt (CAS No. 155522–07–9) (provided for in subheading 3204.16.30) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1142. 2,7-NAPHTHALENEDISULFONIC ACID, 5-[[4-CHLORO-6-[[2-[[4-CHLORO-6-[[7-[[4-(ETHENYLSULFONYL)PHENYL]AZO]-8-HYDROXY-3,6-DISULFO-1- NAPHTHALENYL]AMINO]-1,3,5-TRIAZIN-2-YL]AMINO]ETHYL](2-HYDROXYETHYL)AMINO]-1,3,5-TRIAZIN-2-YL]AMINO]-3-[[4- (ETHENYLSULFONYL)PHENYL]AZO]-4-HYDROXY-, SODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.42 2,7-Naphthalenedisulfonic acid, 5-[[4-chloro-6-[[2-[[4-chloro-6-[[7-[[4- (ethenylsulfonyl)phenyl]azo]-8-hydroxy-3,6-disulfo-1-naphthalenyl]amino]-1,3,5-triazin-2- yl]amino]ethyl](2-hydroxyethyl)amino]-1,3,5-triazin-2-yl]amino]-3-[[4- (ethenylsulfonyl)phenyl]azo]-4-hydroxy-, sodium salt (CAS No. 171599–85–2) (provided for in subheading 3204.16.30) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1143. S-METHOPRENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.41.43 Isopropyl (2E,4E,7S)-11-methoxy-3,7,11-trimethyldodeca-2,4-dienoate (S-Methoprene) (CAS No. 65733–16–6) (provided for in subheading 2918.99.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1144. S-ABSCISIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.44 [S-(Z,E)]-5-(1-Hydroxy-2,6,6-trimethyl-4-oxo-2-cyclohexen-1-yl)-3-methyl-2,4- pentanedienoic acid (S-abscisic acid) (CAS No. 14375–45–2) (provided for in subheading 2918.99.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1145. 1,2,4-TRIAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.45 1H-[1,2,4]-Triazole (CAS No. 288–88–0) (provided for in subheading 2933.99.97) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1146. FLUOPICOLIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.46 2,6-Dichloro-N-[[3-chloro-5-(trifluoromethyl)-2-pyridinyl]methyl]benzamide (Fluopicolide) (CAS No. 239110–15–7) (provided for in subheading 2933.39.21) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1147. FENHEXAMID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.47 2′,3′-Dichloro-4’-hydroxy-1-methylcyclohexanecarboxanilide (Fenhexamid) (CAS No. 126833–17–8) (provided for in subheading 2924.29.47) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1148. BELT & SYNAPSE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.48 Mixtures containing 3-iodo-N′-(2-mesyl-1,1-dimethylethyl)-N-{4-[1,2,2,2-tetrafluoro-1- (trifluoromethyl)ethyl]-o-tolyl}phthalamide (Flubendiamide) (CAS No. 272451–65–7) and application adjuvants (provided for in subheading 3808.91.25) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1149. ACETOACETAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.49 Acetoacetamide (CAS No. 5977–14–0) (provided for in subheading 2924.19.11) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1150. SQUARIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.50 3,4-Dihydroxy-3-cyclobutene-1,2-dione (squaric acid) (CAS No. 2892–51–5) (provided for in subheading 2914.40.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1151. CHLORODIMETHYLACETOACETAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.51 Chlorodimethylacetoacetamide (CAS No. 5810–11–7) (provided for in subheading 2924.19.11) Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1152. CERTAIN MIXTURES OF N,N′-DIMETHYLACETOACETAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.52 Mixtures of N,N′-dimethylacetoacetamide (CAS No. 2044–64–6) with an additive that sta- bilizes color and diluted in water with a calculated assay of not less than 78 percent and not more than 84 percent (provided for in subheading 2924.19.11) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1153. LAMBDA-CYHALOTHRIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.53 1 alpha(S*), 3 alpha(Z)-(+)-cyano(3-phenoxphenyl)methyl 3-(2-chloro-3,3,3-trifluoro-1-pro- penyl)-2,2-dimenthylcylcopropanecarboxylate (Lambda-cyhalothrin) (CAS No. 91465–08– 6) (provided for in subheading 2926.90.30) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1154. MONDUR M FLAKED. (a) IN GENERAL.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.54 Methylene di-p-phenylene isocyanate (Mondur M Flaked) (CAS No. 101–68–8) (provided for in subheading 2929.10.80) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1155. CERTAIN ACRYLIC FIBER TOW. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.41.55 Acrylic fiber tow containing a minimum of 85 percent by weight of acrylonitrile units and a minimum of 35 percent water, imported in the form of raw white (undyed) fila- ment, with an average filament measure of between 2 and 5 decitex, and length greater than 2 meters (provided for in subheading 5501.30.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1156. SINGLE LIGHT OPTICAL SENSOR, STAINLESS STEEL CASING, 0.5 METER-LONG, 2.2 MILLIMETER DIAMETER CABLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.56 Single light optical sensor, stainless steel casing, 0.5 meter-long, 2.2 millimeter diame- ter cable. MANSKE Part Number 45004 (provided for in subheading 9001.10.00) ...... 5.9% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1157. A5546 SULFONAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.57 Methyl 3-(aminosulfonyl)-2-thiophenecarboxylate (CAS No. 59337–93–8) (provided for in subheading 2935.00.75) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1158. HEXANEDIOIC ACID, POLYMER WITH 1,2-ETHANEDIOL, 2-ETHYL-2-(HYDROXYMETHYL)-1,3-PROPANEDIOL AND 1,3-ISOBENZOFURANDIONE, 2- PROPENOATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.58 Hexanedioic acid, polymer with 1,2-ethanediol, 2-ethyl-2-(hydroxymethyl)-1,3- propanediol and 1,3-isobenzofurandione, 2-propenoate (CAS No. 77107–23–4) (provided for in subheading 3907.99.01) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1159. CERTAIN HOT FEED EXTRUDING MACHINES CERTIFIED BY THE IMPORTER AS BEING USED IN THE PRODUCTION OF TRUCK AND AUTOMOBILE TIRES, SUCH MACHINES CAPABLE OF EXTRUDING RUBBER MATERIALS MEASURING 870 MM OR MORE BUT NOT OVER 1200 MM IN WIDTH, AND PARTS THEREOF. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.59 Hot feed extruding machines certified by the importer as being used in the production of truck and automobile tires, such machines capable of extruding rubber materials measuring 870 mm or more but not over 1200 mm in width, and parts thereof (provided for in subheading 8477.20.00, 8477.90.25, 8477.90.45, or 8477.90.85) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1160. 7-HYDROXY. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.60 2,3-Dihydro-2,2-dimethyl-7-hydroxybenzofuran (Carbofuran phenol) (CAS No. 1563–38–8) (provided for in subheading 2932.99.70) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1161. DIMETHOMORPH. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.61 4-[3-(4-Chlorophenyl)-3-(3,4-dimethoxyphenyl)-1-oxo-2-propenyl]morpholine (Dimethomorph)(CAS No. 110488–70–5) (provided for in subheading 2934.99.12) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1162. CERTAIN ENGINES FOR SNOWMOBILES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.62 Spark-ignition reciprocating or rotary internal combustion piston engines more than 900 cc and less than 1100 cc to be installed in snowmobiles (provided for in subheading 8407.34.18) ...... 0.1% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1163. MIXTURES OF POLYVINYL ALCOHOL AND POLYVINYL PYRROLIDONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.63 Aqueous mixtures of polyvinyl alcohol (CAS No. 98002–48–3) and polyvinylpyrrolidone (CAS No. 9003–39–8) (provided for in subheading 3905.99.80) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1164. ZINC DIETHYLPHOSPHINATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.64 Zinc diethylphosphinate (CAS No. 284685–45–6) (provided for in subheading 2931.00.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1165. VAT ORANGE 7. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.65 Bisbenzimidazo [2,1-b:2’,1’ i] benzo[lmn][3,8] phenantoline-8,17-dione (VAT Orange 7) (CAS No. 4424–06–0) (provided for in subheading 3204.15.20) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1166. 1-NITROANTHRAQUINONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.66 1-Nitro-9,10-anthracenedione (CAS No. 82–34–8) (provided for in subheading 2914.70.40) ..... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 8634 E:\CR\FM\A15DE7.039 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8428 CONGRESSIONAL RECORD — HOUSE December 15, 2010 SEC. 1167. LEUCOQUINIZARIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.67 1,4,9,10-Tetrahydroxyanthracene (Leucoquinizarin) (CAS No. 476–60–8) (provided for in subheading 2907.29.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1168. 2,2′-(2-METHYLPROPYLIDENE) BIS(4,6-DIMETHYLPHENOL). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.68 2,2′-Isobutylidenebis(4,6-dimethylphenol) (CAS No. 33145–10–7) (provided for in sub- heading 2907.29.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1169. 2,5-BIS(1,1-DIMETHYLPROPYL)-1,4-BENZENEDIOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.69 2,5-Di-tert-amylhydroquinone (CAS No. 79–74–3) (provided for in subheading 2907.29.90) .... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1170. 4,4′-THIOBIS[2-(1,1-DI-METHYLETHYL)-5-METHYL-PHENOL]. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.70 4,4′-Thiobis(6-tert-butyl-m-cresol) (CAS No. 96–69–5) (provided for in subheading 2930.90.29) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1171. BENZENEACETIC ACID, α-AMINO-4-CHLORO. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.71 DL-2-(4-Chlorophenyl)glycine (CAS No. 6212–33–5) (provided for in subheading 2922.49.30) Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1172. 1-AMINO-2,6-DIMETHYLBENZENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.72 1-Amino-2,6-dimethylbenzene (2,6-xylidine) (CAS No. 87–62–7) (provided for in subheading 2921.49.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1173. P-AMINOBENZOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.73 p-Aminobenzoic acid (CAS No. 150–13–0) (provided for in subheading 2922.49.10) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1174. 2-AMINO-3-CYANOTHIOPHENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.74 2-Amino-3-cyanothiophene (CAS No. 4651–82–5) (provided for in subheading 2934.99.90) ..... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1175. NESOI HUBS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.75 Bicycle hubs, not elsewhere specified or included (provided for in subheading 8714.93.35) Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1176. POLYETHYLENE GLYCOL BRANCHED-NONYLPHENYL ETHER PHOSPHATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.76 Polyethylene glycol branched-nonylphenyl ether phosphate (Nonylphenol ethoxylate) (CAS No. 68412–53–3) (provided for in subheading 3402.11.40) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1177. BISMUTH SUBSALICYLATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.77 Bismuth subsalicylate (2-hydroxy-4H-1,3,2-benzodioxabismin-4-one) (CAS No. 14882–18–9) (provided for in subheading 2918.21.10) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1178. 5-ETHYL-2-METHYLPYRIDINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.78 2-Methyl-5-ethylpyridine (CAS No. 104–90–5) (provided for in subheading 2933.39.20) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1179. POLYPHENOLCYANATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.79 Phenol, polymer with 3a,4,7,7a-tetrahydro-4,7-methano-1H-indene, cyanate (CAS No. 119505–06–5) (provided for in subheading 3911.90.45) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1180. CHEMICAL THAT IS USED FOR DYEING APPAREL HOME TEXTILES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.41.80 Acid Yellow 151 (Bis[2-[[5-(aminosulfonyl)-2-hydroxyphenyl]azo]-3-oxo-N- phenylbutyramidato(2-)] cobaltate(1-) sodium; 3-Hydroxy-2-(2-hydroxy-5- sulfamoylphenylazo)isocrotonanilide cobalt(III) chelates sodium salt) (CAS No. 72496– 88–9) (provided for in subheading 3204.12.45) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1181. HEXANE, 1,6-DICHLORO-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.81 1,6-Dichlorohexane (CAS No. 2163–00–0) (provided for in subheading 2903.19.60) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1182. PROPANEDIOIC ACID, DIETHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.82 Diethyl malonate (CAS No. 105–53–3) (provided for in subheading 2917.19.70) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1183. BUTANE, 1-CHLORO. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.83 n-Butyl chloride (CAS No. 109–69–3) (provided for in subheading 2903.19.60) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1184. MIXTURES CONTAINING METHYL 2-[(4,6-DIMETHOXYPYRIMIDIN-2-YLCARBAMOYL)SULFAMOYL]-α-(METHANESULFONAMIDO)-P-TOLUATE (MESOSULFURON-METHYL) AND METHYL 4-IODO-2-[3-(4-METHOXY-6-METHYL-1,3,5-TRIAZIN-2-YL)UREIDOSULFONYL]BENZOATE, SODIUM SALT (IODOSULFURON METHYL, SODIUM SALT), WHETHER OR NOT MIXED WITH APPLICATION ADJUVANTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.84 Mixtures containing methyl 2-[(4,6-dimethoxypyrimidin-2-ylcarbamoyl)sulfamoyl]-α- (methanesulfonamido)-p-toluate (Mesosulfuron-methyl) (CAS No. 208465–21–8) and meth- yl 4-iodo-2-[3-(4-methoxy-6-methyl-1,3,5-triazin-2-yl)ureidosulfonyl]benzoate, sodium salt (Iodosulfuron methyl, sodium salt), whether or not mixed with application adju- vants (CAS No. 144550–36–7) (provided for in subheading 3808.93.15) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1185. MIXTURES CONTAINING [3-[(6-CHLORO-3-PRIDINYL)METHYL]-2-THIAZOLIDINYLIDENE]CYANAMIDE. Subchapter II of chapter 99 is amended— (1) by striking heading 9902.10.35; and (2) by inserting in numerical sequence the following new heading:

‘‘ 9902.41.85 Mixtures of (Z)-3-(6-chloro-3-pyridylmethyl)-1,3-thiazolidin-2-ylidenecyanamide (Thiacloprid) (CAS No. 111988–49–9) and application adjuvants (provided for in sub- heading 3808.91.25) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1186. MIXTURES CONTAINING (E)-1-[(6-CHLORO-3-PYRIDINYL)METHYL]-N-NITRO-2-IMIDAZOLIDINIMINE (IMIDACLOPRID). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.86 Mixtures containing -1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine (Imidacloprid) (CAS No. 138261–41–3) and (9Z)-9-tricosene (Muscalure) (CAS No. 27519–02– 4) (provided for in subheading 3808.91.25) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1187. MIXTURES CONTAINING METHYL 4-[(4,5-DIHYDRO-3-METHOXY-4-METHYL-5-OXO-1H-1,2,4-TRIAZOL-1-YL)CARBONYLSULFAMOYL]-5- METHYLTHIOPHENE-3-CARBOXYLATE (THIENCARBAZONE-METHYL). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.87 Mixtures containing methyl 4-[(4,5-dihydro-3-methoxy-4-methyl-5-oxo-1H-1,2,4-triazol-1- yl)carbonylsulfamoyl]-5-methylthiophene-3-carboxylate (Thiencarbazone-methyl) (CAS No. 317815–83–1), ethyl 4,5-dihydro-5,5-diphenyl-1,2-oxazole-3-carboxylate (Isoxadifen- ethyl) (CAS No. 163520-33-0) and (5-cyclopropyl-1,2-oxazol-4-yl)(α,α,α-trifluoro-2-mesyl-p- tolyl)methanone (Isoxaflutole) (CAS No. 141112–29–0) (provided for in subheading 3808.93.15) ...... 2.3% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1188. 2-AMINO-5-CHLORO-N,3-DIMETHYLBENZAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.88 2-Amino-5-chloro-N,3-dimethylbenzamide (CAS No. 890707–28–5) (provided for in sub- heading 2924.29.76)...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1189. [3-(4,5-DIHYDRO-ISOXAZOL-3-YL)-4-METHYLSULFONYL-2-METHYLPHENYL](5-HYDROXY-1-METHYL-1H-PYRAZOL-4-YL) METHANONE (TOPRAMEZONE). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.89 [3-(4,5-Dihydro-isoxazol-3-yl)-4-methylsulfonyl-2-methylphenyl](5-hydroxy-1-methyl-1H- pyrazol-4-yl)methanone (Topramezone) (CAS No. 210631–68–8) (provided for in subheading 2934.99.15) ...... 2.4% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1190. PRODUCTS CONTAINING (E)-1-(2-CHLORO-1,3-THIAZOL-5-YLMETHYL)-3-METHYL-2-NITROGUANIDINE (CLOTHIANIDIN). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.90 Products containing (E)-1-(2-chloro-1,3-thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine (Clothianidin) (CAS No. 210880–92–5) (provided for in subheading 3808.91.50) ...... 4.5% No change No change On or be- fore 12/31/ 2012 ...... ’’.

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‘‘ 9902.41.91 Tetrakis(hydroxymethyl) phosphonium sulfate (THPS) (CAS No. 55566–30–8) (provided for in subheading 2931.00.90) ...... 2.4% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1192. 1,1′-(1-METHYLETHYLIDENE)BIS(3,5-DIBROMO-4-(2,3-DIBROMOPROPOXY)BENZENE (TETRABROMOBISPHENOL A BIS(2,3-DIBROMOPROPYL ETHER). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.92 1,1′-(1-Methylethylidene)bis(3,5-dibromo-4-(2,3-dibromopropoxy)benzene (Tetrabromobisphenol A bis(2,3-dibromopropyl ether) (CAS No. 21850–44–2) (provided for in subheading 2909.50.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1193. BELLS DESIGNED FOR USE ON BICYCLES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.93 Bells designed for use on bicycles (provided for in subheading 8714.99.80) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1194. BLUE 171 (COBALTATE(2-), [6-(AMINO-κN)-5-[[2-(HYDROXY-κO)-4-NITROPHENYL]AZO-κN1}-NMETHYL-2-NAPHTHALENESULFONAMIDATO(2-)][6- (AMINO-κN)-5-[[2-(HYDROXY-κO)-4-NITROPHENYL]AZO-κN1]-2-NAPHTHALENESULFONATO(3-)]-, DISODIUM). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.94 Acid g1,t1,blue 171 (Cobaltate(2-), [6-(amino-κN)-5-[[2-(hydroxy-κO)-4-nitrophenyl]azo- κN1}-Nmethyl-2-naphthalenesulfonamidato(2-)][6-(amino-κN)-5-[[2-(hydroxy-κO)-4- nitrophenyl]azo-κN1]-2-naphthalenesulfonato(3-)]-, disodium) (CAS No. 75314–27–1) (pro- vided for in subheading 3204.12.45) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1195. TETRAPOTASSIUM HEXA(CYANO-C) COBALTATE(4-). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.95 Tetrapotassium hexa(cyano-C)cobaltate(4-) (CAS No. 14564–70–6) (provided for in sub- heading 2931.00.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1196. TRIALLYL CYANURATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.96 Triallyl cyanurate (CAS No. 101–37–1) (provided for in subheading 2933.69.60) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1197. CERTAIN CHRISTMAS-TREE FILAMENT LAMPS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.97 Christmas-tree filament lamps of a power not exceeding 200 W and for a voltage exceed- ing 100 V (provided for in subheading 8539.22.40) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1198. CERTAIN CHRISTMAS-TREE FILAMENT LAMPS DESIGNED FOR A VOLTAGE NOT EXCEEDING 100 V. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.98 Christmas-tree filament lamps designed for a voltage not exceeding 100 V (provided for in subheading 8539.29.10) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1199. MIXTURES CONTAINING (5-CYCLOPROPYL-1,2-OXAZOL-4-YL)(α,α,α-TRIFLUORO-2-MESYL-P-TOLYL)METHANONE (ISOXAFLUTOLE). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.41.99 Mixtures containing (5-cyclopropyl-1,2-oxazol-4-yl)(α,α,α-trifluoro-2-mesyl-p- tolyl)methanone (Isoxaflutole) (CAS No. 141112–29–0) and application adjuvants (pro- vided for in subheading 3808.93.15) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1200. N,N-DIMETHYLACETOACETAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.42.01 N,N-Dimethylacetoacetamide (CAS No. 2044–64–6) diluted in water with a calculated assay of not less than 93 percent and not more than 99 percent (provided for in sub- heading 2924.19.11) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1201. CERTAIN MIXTURES OF N,N-DIMETHYLACETOACETAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.42.02 Mixtures of N,N-dimethylacetoacetamide (CAS No. 2044–64–6) with an additive that sta- bilizes color and diluted in water with a calculated assay of not less than 93 percent and not more than 99 percent (provided for in subheading 2924.19.11) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 1202. CHEMICAL USED IN THE PRODUCTION OF TEXTILES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.42.03 Reactive blue 268 (6,13-Dichlor-3,10-bis {2-[4-fluoro-6-(2-sulfophenylamino) -1,3,5-triazin-2- ylamino] propylamino}benzo [5,6][1,4]oxazino[2,3-.b] phenoxazin-4,11- disulfonic acid, lithium, sodium salt) (CAS No. 163062–28–0) (provided for in subheading 3204.16.30) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1203. CHEMICAL THAT IS USED FOR DYEING CERTAIN HOME TEXTILES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.42.04 Reactive blue 269 (3,10-Bis[(2-aminopropyl)amino] -6,13-dichloro-4,11- triphenodioxazinedisulfonic acid reaction products with 2-amino- 1,4-benzenedisulfonic acid, 2-[(4-aminophenyl) sulfonyl]ethyl hydrogen sulfate and 2,4,6-trifluoro-1,3,5- trifluoro-1,3,5-triazine, sodium salts) (CAS No. 191877–09–5) (provided for in subheading 3204.16.30) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1204. REACTIVE RED 228. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.42.05 Reactive Red 228 (2,7-Naphthalenedisulfonic acid, 5-((4-chloro-6-((2-(2-(ethenylsulfonyl) ethoxy)ethyl) amino)-1,3,5-triazin-2-yl)amino)-3-((4-(ethenylsulfonyl)phenyl) azo)-4-hy- droxy-, potassium sodium salt) (CAS No. 101200–49–1) (provided for in subheading 3204.16.30) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1205. PARAQUAT TECHNICAL + EMETIC. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.42.06 Mixtures of 1,1′-dimethyl-4,4′-bipyridinium dichloride (Paraquat Technical) (CAS No. 1910–42–5) and 2-amino-4, 5-dihydro-6-methyl- 4-propyl-s-triazole-[1,5-a] pyrimidin-5-one (Emetic PP796) (CAS No. 27277–00–5) (provided for in subheading 3808.93.15) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1206. TEMBOTRIONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.42.07 2-{2-Chloro-4-mesyl-3-[(2,2,2-trifluoroethoxy)methyl] benzoyl}cyclohexane-1,3-dione (Tembotrione) (CAS No. 335104–84–2) (provided for in subheading 2930.90.10) ...... 3% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1207. CERTAIN PRODUCTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:

‘‘ 9902.42.08 Trisubstituted oxazolidinone (CAS No. 860399–11–7) (provided for in subheading 2934.99.20) Free No change No change On or be- fore 12/31/ 2012 ...... 9902.42.09 Trisubstituted oxazolidinone (CAS No. 854602–01–0) (provided for in subheading 2934.99.20) Free No change No change On or be- fore 12/31/ 2012 ...... 9902.42.10 Naphtho[1,2-d]thiazolium, 2-[[5-chloro-3-(3-sulfopropyl)-2(3H)- benzothiazolylidene]methyl]-1-(3-sulfopropyl)-, inner salt, compd. with N,N- diethylethanamine (1:1) (CAS No. 102731–88–4) (provided for in subheading 2934.99.20) ...... Free No change No change On or be- fore 12/31/ 2012 ...... 9902.42.11 Benzothiazolium, 2-[[3-[(3,6-dimethyl-2(3H)-benzothiazolylidene)methyl]-5-phenyl-2- cyclohexen-1-ylidene]methyl]-3,6-dimethyl-, salt with 4-ethylbenzenesulfonic acid (1:1) (CAS No. 160911–24–0) (provided for in subheading 2934.99.20) ...... Free No change No change On or be- fore 12/31/ 2012 ...... 9902.42.12 Benzoxazolium, 5-chloro-2-[2-[[5-phenyl-3-(2-sulfoethyl)-2(3H)-benzoxazolylidene] meth- yl]-1-butenyl]-3-(3-sulfopropyl)-, inner salt, compound with N,N-diethylethanamine (1:1) (CAS No. 106518–55–2) (provided for in subheading 2934.99.20) ...... Free No change No change On or be- fore 12/31/ 2012 ...... 9902.42.13 Copoly[N-(4-sulfamoylphenyl) methacrylamide/ methylmethacrylate/acrylonitrile (CAS No. 141634–00–6) (provided for in subheading 3906.90.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... 9902.42.14 3-Pyrazolidinone, 4-hexadecyl-1-phenyl (CAS No. 202483–63–4) (provided for in subheading 2933.19.37) ...... Free No change No change On or be- fore 12/31/ 2012 ...... 9902.42.15 Poly[(ally 2-methyl-2-propenoate)-co-(cyclohexyl2-hydroxymethyl-2-propenoate)-co-(2- propenoic acid)] (CAS No. 860399–10–6) (provided for in subheading 3208.90.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1208. FERRONIOBIUM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.42.16 Ferroniobium (provided for in subheading 7202.93.80) ...... 4.6% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 1209. EFFECTIVE DATE. Subtitle B—Extension of Existing Duty SEC. 1302. EFFECTIVE DATE. (a) IN GENERAL.—The amendment made by The amendments made by this subtitle Suspension this subtitle applies to goods entered, or apply to goods entered, or withdrawn from SEC. 1301. EXTENSION OF CERTAIN EXISTING withdrawn from warehouse for consumption, warehouse for consumption, on or after the DUTY SUSPENSION. on or after the 15th day after the date of the 15th day after the date of the enactment of Heading 9902.29.22 (relating to 2-(2′-Hy- enactment of this Act. this Act. (b) RETROACTIVE APPLICABILITY.— droxy-5′-methacrylyloxyethylphenyl)-2H- (1) IN GENERAL.—Notwithstanding section benzotriazole)) is amended by striking ‘‘12/31/ 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or 2006’’ and inserting ‘‘12/31/2012’’. any other provision of law and subject to

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paragraph (2), the entry of a good described (2) REQUESTS.—A liquidation or reliquida- paid, without interest, not later than 90 days in heading 9902.29.22 of the Harmonized Tariff tion may be made under paragraph (1) with after the date of the liquidation or reliquida- Schedule of the United States (as amended respect to an entry only if a request therefor tion (as the case may be). by this subtitle)— is filed with U.S. Customs and Border Pro- (4) DEFINITION.—As used in this subsection, (A) which was made on or after January 1, tection not later than 180 days after the date the term ‘‘entry’’ includes a withdrawal from 2010, and before the 15th day after the date of of the enactment of this Act that contains warehouse for consumption. the enactment of this Act, and sufficient information to enable U.S. Cus- TITLE II—ADDITIONAL TARIFF (B) with respect to which there would have toms and Border Protection— PROVISIONS (A) to locate the entry; or been no duty or a reduced duty (as the case (B) to reconstruct the entry if it cannot be Subtitle A—Additional New Duty may be) if the amendment or amendments located. Suspensions and Reductions made by this subtitle applied to such entry, (3) PAYMENT OF AMOUNTS OWED.—Any SEC. 2101. FENARIMOL TECHNICAL. shall be liquidated or reliquidated as though amounts owed by the United States pursuant Subchapter II of chapter 99 is amended by the entry had been made on the 15th day to the liquidation or reliquidation of an inserting in numerical sequence the fol- after the date of the enactment of this Act. entry of a good under paragraph (1) shall be lowing new heading:

‘‘ 9902.43.01 (RS)-2,4′-Dichloro-a-(pyrimidin-5-yl) benzhydryl alcohol (Fenarimol technical) (CAS No. 60168–88–9) (provided for in subheading 2933.59.15) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2102. PHOSMET TECHNICAL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.02 O,O-Dimethyl S-phthalimidomethyl phosphorodithioate (Phosmet technical) (CAS No. 732–11–6) (provided for in subheading 2930.90.10) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2103. CHIME MELODY ROD ASSEMBLIES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.03 Chime melody rod assemblies (provided for in subheading 9114.90.50) for the production of grandfather clocks, wall clocks, and mantel clocks ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2104. UREA, POLYMER WITH FORMALDEHYDE AND 2-METHYLPROPANAL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.04 Urea, polymer with formaldehyde and 2-methylpropanal (CAS No. 28931–47–7) (provided for in subheading 3909.10.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2105. CERTAIN CLOCK MOVEMENTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.05 Mechanical clock movements (provided for in subheading 9109.90.60) for the production of grandfather clocks, wall clocks, and mantel clocks ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2106. CERTAIN GLASS SNOW GLOBES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.06 Glass snow globes, valued over $0.30 but not over $3 each, the foregoing not constituting festive articles (provided for in subheading 7013.99.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2107. CERTAIN ACRYLIC SNOW GLOBES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.07 Acrylic snow globes, the foregoing not constituting festive articles (provided for in sub- heading 3926.40.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2108. TERBACIL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.08 3-tert-Butyl-5-chloro-6- methyluracil (Terbacil) (CAS No. 5902–51–2) (provided for in sub- heading 2933.59.18) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2109. CERTAIN SKI EQUIPMENT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.09 Ski poles and parts and accessories thereof (provided for in subheading 9506.19.80) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2110. PROSULFURON. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.10 1-(4-Methoxy-6-methyl-1,3,5-triazin-2-yl)-3-[2-(3,3,3-trifluoropropyl) phenylsulfonyl]urea (Prosulfuron) (CAS No. 94125–34–5) (provided for in subheading 2935.00.75) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2111. MANGANESE FLAKE CONTAINING AT LEAST 99.5 PERCENT BY WEIGHT OF MANGANESE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.11 Manganese flake containing at least 99.5 percent by weight of manganese (provided for in subheading 8111.00.47) ...... 12.3% No change No change On or be- fore 12/31/ 2012 ...... ’’.

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‘‘ 9902.43.12 N-Benzyl-N-ethylaniline (CAS No. 92–59–1) (provided for in subheading 2921.42.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2113. DODECYL ANILINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.13 Dodecyl aniline (CAS No. 68411–48–3) (provided for in subheading 2921.49.45) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2114. MIXTURES OF CHLORSULFURON AND METSULFURON-METHYL AND INERT INGREDIENTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.14 Mixtures of 1-(2-chlorophenylsulfonyl)-3-(4-methoxy-6-methyl-1,3,5-triazin-2-yl)urea (Chlorsulfuron) (CAS No. 64902–72–3) and methyl 2-(4-methoxy-6-methyl-1,3,5-triazin-2- ylcarbamoylsulfamoyl)benzoate (Metsulfuron-methyl) (CAS No. 74223–64–6) and inert in- gredients (provided for in subheading 3808.93.15) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2115. PARAQUAT DICHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.15 Mixtures of 1,1′-dimethyl-4,4′-bipyridinium dichloride (Paraquat dichloride) (CAS No. 1910–42–5) and inerts (provided for in subheading 3808.93.15) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2116. P-TOLUIDINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.16 p-Toluidine (CAS No. 106–49–0) (provided for in subheading 2921.43.40) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2117. P-NITROTOLUENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.17 p-Nitrotoluene (CAS No. 99–99–0) (provided for in subheading 2904.20.10) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2118. ACRYLIC RESIN SOLUTION. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.18 Acrylic resin solution, β-hydroxyethyl acrylate, acrylic acid, styrene, 2-ethylhexyl ac- rylate, butyl methacrylate polymer (CAS No. 63076–05–1) (provided for in subheading 3906.90.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2119. BENZENAMINE, 4 DODECYL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.19 Benzenamine, 4 dodecyl (CAS No. 104–42–7) (provided for in subheading 2921.49.45) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2120. PROPYLENE GLYCOL ALGINATES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.20 Propylene glycol alginates (CAS No. 9005–37–2) (provided for in subheading 3913.10.00) ..... 0.1% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2121. CERTAIN ALGINATES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.21 Alginic acid (CAS No. 9005–32–7), ammonium alignate (CAS No. 9005–34–9), potassium al- ginate (CAS No. 9005–36–1), calcium alginate (CAS No. 9005–35–0), and magnesium algi- nate (CAS No. 37251–44–8) (provided for in subheading 3913.10.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2122. SODIUM ALGINATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.22 Sodium alginate (CAS No. 9005–38–3) (provided for in subheading 3913.10.00) ...... 2.2% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2123. CERTAIN FIBERGLASS SHEETS USED TO MAKE CEILING TILES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.23 Nonwoven fiberglass sheets, approximately 0.4 mm to 0.8 mm in thickness and with smooth surfaces, containing a blend of 8 micron and 10 micron glass fibers bound in an acrylic latex binder that is cross-linked with a melamine-formaldehyde resin, the fore- going of a kind primarily used as acoustical facing for ceiling panels (provided for in subheading 7019.32.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2124. CERTAIN FIBERGLASS SHEETS USED TO MAKE FLOORING SUBSTRATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.43.24 Nonwoven fiberglass sheets, approximately 0.3 mm to 0.8 mm in thickness and with smooth surfaces, containing a blend of 8 micron to 10 micron glass fibers bound in a urea formaldehyde matrix modified with vinyl acetate and acrylic latex, the foregoing of a kind primarily used as vinyl flooring substrate (provided for in subheading 7019.32.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2125. CERTAIN BAMBOO VASES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.25 Vases of bamboo strips bonded together with glue, the foregoing which have been shaped or molded, sanded and varnished (provided for in subheading 4602.11.09) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2126. CERTAIN PLASTIC CHILDREN’S WALLETS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.26 Children’s wallets with outer surface of sheeting of reinforced or laminated plastics, valued not over $1.00 each, the foregoing with dimensions not exceeding 26 cm by 11.5 cm and with artwork or graphics using cartoon characters or other children’s motifs (pro- vided for in subheading 4202.32.10) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2127. CERTAIN COUPON HOLDERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.27 Divided pouches of plastic sheeting, each with a flap closure secured by a snap, magnet or elastic band and hook, the foregoing not exceeding 203.2 mm in height, width or depth and of a type designed for organizing coupons or other printed matter (provided for in subheading 4202.32.20) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2128. CERTAIN INFLATABLE SWIMMING POOLS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.28 Inflatable swimming pools of polyvinyl chloride, not exceeding 1.651 m in diameter or width (provided for in subheading 9506.99.55) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2129. CHLORANTRANILIPROLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.29 3-Bromo-4′-chloro-1-(3-chloro-2-pyridyl)-2′-methyl-6′-(methylcarbamoyl)pyrazole-5- carboxanilide (Chlorantraniliprole) (CAS No. 500008–45–7) (provided for in subheading 2933.39.27) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2130. 2-BUTYNE-1,4-DIOL, POLYMER WITH (CHLOROMETHYL)OXIRANE, BROMINATED, DEHYDROCHLORINATED, METHOXYLATED AND TRIETHYL PHOSPHATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.30 2-Butyne-1,4-diol, polymer with (chloromethyl)oxirane, brominated, dehydrochlorinated, methoxylated (CAS No. 68441–62–3) and triethyl phosphate (CAS No. 78–40–0) (provided for in subheading 3907.20.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2131. DAMINOZIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.31 N-(Dimethylamino) succinamic acid (Daminozide) (CAS No. 1596–84–5) (provided for in subheading 2928.00.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2132. DIMETHYL HYDROGEN PHOSPHITE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.32 Dimethyl hydrogen phosphite (CAS No. 868–85–9) (provided for in subheading 2920.90.50) .. Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2133. PHOSPHONIC ACID, MALEIC ANHYDRIDE SODIUM SALT COMPLEX. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.33 Phosphonic acid, maleic anhydride sodium salt complex (CAS No. 180513–31–9) (provided for in subheading 3824.90.92) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2134. COFLAKE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.34 Mixtures of polyethylene glycol (CAS No. 25322–68–3), (acetato)pentammine cobalt dinitrate (CAS No. 14854–63–8), and zinc carbonate (CAS No. 3486–35–9) (provided for in subheading 3815.90.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2135. 3-AMINO-1,2-PROPANEDIOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.35 3-Amino-1,2-propanediol (CAS No. 616–30–8) (provided for in subheading 2922.19.95) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

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‘‘ 9902.43.36 Ultraviolet lamps filled with deuterium gas (provided for in subheading 8539.49.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2137. PYRAFLUFEN-ETHYL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.37 Ethyl 2-chloro-5-(4-chloro-5-difluoromethoxy-1-methyl-1H-pyrazol-3-yl)-4- fluorophenoxyacetate (Pyraflufen-ethyl) (CAS No. 129630–19–9) (provided for in sub- heading 2933.19.23) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2138. MIXTURE OF 2-[4-[(2-HYDROXY-3-DODECYLOXYPROPYL)OXY]-2-HYDROXPHENYL] -4,6-BIS(2,4-DIMETHYLPHENYL)-1,3,5-TRIAZINE AND 2-[4-[(2-HY- DROXY-3-TRIDECYLOXYPROPYL)OXY]-2-HYDROXYPHENYL]-4,6-BIS(2,4-DIMETHYLPHENYL)-1,3,5-TRIAZINE IN PROPYLENE GLYCOL MONOMETHYL ETHER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.38 Mixture of 2-[4-[(2-hydroxy-3-dodecyloxypropyl)oxy]-2-hydroxphenyl] -4,6-bis(2,4- dimethylphenyl)-1,3,5-triazine and 2-[4-[(2-hydroxy-3-tridecyloxypropyl)oxy]-2- hydroxyphenyl]-4,6-bis(2,4-dimethylphenyl)-1,3,5-triazine (CAS No. 153519–44–9) in pro- pylene glycol monomethyl ether (provided for in subheading 3812.30.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2139. BUPROFEZIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.39 (Z)-2-tert-Butylimino-3-isopropyl-5-phenyl-1,3,5-thiadiazinan-4-one (Buprofezin) (CAS No. 69327–76–0 or 953030–84–7) (provided for in subheading 2934.99.16) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2140. FENPYROXIMATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.40 tert-Butyl (E)-α-(1,3-dimethyl-5-phenoxypyrazol-4-ylmethyleneamino oxy)- ρ-toluate (Fenpyroximate) (CAS No. 134098–61–6) (provided for in subheading 2933.19.23) .. Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2141. CHLOROANTRANILIPROLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.41 Mixtures of 3-bromo-4′- chloro-1-(3-chloro-2-pyridyl)- 2′-methyl-6′- (methylcarbamoyl)pyrazole-5- carboxanilide (Chloroantraniliprole) (CAS No. 500008–45– 7) and inert ingredients (provided for in subheading 3808.91.25) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2142. ACAI, PULP, OTHERWISE PREPARED OR PRESERVED, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER OR SPIRIT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.42 Acai (other than mixtures), pulp, otherwise prepared or preserved, whether or not con- taining added sugar or other sweetening matter or spirit (provided for in subheading 2008.99.80) ...... 3.3% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2143. CERTAIN RADIOBROADCAST BAND RECEIVERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.43 Radiobroadcast band receivers not capable of operating without an external source of power, combined in the same housing with detachable 2-way speakers, the foregoing re- ceivers each having a total power output of 250 W (125 W per channel into 6 ohms at 1 kHz, 10 percent total harmonic distortion) and containing a 5-disc compact disc chang- er; a docking station for an MP3 player and dual audiocassette decks, with one deck ca- pable of sound reproducing only and the other deck capable of sound recording and re- producing (provided for in subheading 8527.91.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2144. CERTAIN SWITCHGEAR AND PANEL BOARDS SPECIFICALLY DESIGNED FOR WIND TURBINE GENERATORS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.44 Switchgear and panel boards specifically designed for wind turbine generators in excess of 2 MW; such panels designed to transfer electric power to and from a utility power grid at 2100 kW at 600 volts with a nominal full load of 2190 amps; with dimensions of 1950–2050 mm (length) x 550–650 mm (width) x 1950–2050 mm (height); and with a display system that monitors at a minimum wind speed, yaw position, and blade pitch angle (provided for in subheading 8537.10.90) ...... 1.7% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2145. CERTAIN POWER FACTOR CAPACITOR PANELS SPECIFICALLY DESIGNED FOR WIND TURBINE GENERATORS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.45 Power factor panels specifically designed for wind turbine generators in excess of 2 MW; such panels are specifically designed to optimize the power factor of the asynchronous induction generator in a wind turbine. The capacitor panel is managed by the wind tur- bine generator controller and has dimensions of 1950–2050 mm (length) x 550–650 mm (width) x 1950–2050 mm (height) (provided for in subheading 8537.10.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2146. CERTAIN ISOTOPIC SEPARATION CASCADES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.43.46 Isotopic separation cascades designed for the enrichment of uranium using gaseous cen- trifuge technology (provided for in subheading 8401.20.00) ...... 2.2% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2147. CERTAIN SENSORS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.47 Sensors without a recording device (provided for in subheading 9030.33.00) certified by the importer to monitor and report voltage, current and temperature in battery cells designed for use in electrically powered vehicles of subheading 8703.90.00 in which an on board gasoline engine is used to run a generator that recharges the electric drive motor battery ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2148. CERTAIN DRIVE MOTOR BATTERY TRANSDUCERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.48 Drive motor battery transducers (provided for in subheading 8543.70.40), certified by the importer for use in electrically powered vehicles of subheading 8703.90.00 in which an on- board gasoline engine is used to run a generator that recharges the electric drive motor battery ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2149. CERTAIN ELECTRIC MOTOR CONTROLLERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.49 Electric motor controllers (provided for in subheading 9032.89.60), certified by the im- porter to control the electric motors that power electric vehicles of subheading 8703.90.00 in which an on board gasoline engine is used to run a generator that recharges the electric drive motor battery ...... 1.4% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2150. CERTAIN CHARGERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.50 Chargers (provided for in subheading 8504.40.95) certified by the importer to recharge propulsion batteries by converting external, plug-in AC power to high voltage DC, de- signed for use in electrically powered vehicles of subheading 8703.90.00 in which an on board gasoline engine is used to run a generator that recharges the electric drive motor battery ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2151. CERTAIN LITHIUM-ION BATTERY CELLS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.51 Lithium-ion battery cells (provided for in subheading 8507.80.40), certified by the im- porter for use as the primary source of electrical power for electrically powered vehicles of subheading 8703.90.00 in which an on board gasoline engine is used to run a generator that recharges the electric drive motor battery ...... 3.2% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2152. MIXTURES OF IMIDACLOPRID WITH CYFLUTHRIN OR ITS β-CYFLUTHRIN ISOMER, INCLUDING APPLICATION ADJUVANTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.52 Mixtures of 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine (Imidacloprid) (CAS No. 138261–41–3) with ((R)-cyano-(4-fluoro-3-phenoxy)phenyl)methyl (1R,3R)-3-(2,2- dichloroethenyl)-2,2-dimethylcyclopropane-1-carboxylate (Cyfluthrin) (CAS No. 68359– 37–5) or its β-cyfluthrin isomer, including application adjuvants (provided for in sub- heading 3808.91.25) ...... 2.4% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2153. FLUOPYRAM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.53 N-{2-[3-Chloro-5-(trifluoromethyl)-2-pyridinyl]ethyl}-α,α,α-trifluoro-o-toluamide (Fluopyram) (CAS No. 658066–35–4), whether or not mixed with application adjuvants (provided for in subheading 2933.39.21 or 3808.92.15) ...... 2.2% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2154. INDAZIFLAM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.54 N-[(1R,2S)-2,3-Dihydro-2,6-dimethyl-1H-inden-1-yl]-6-[(1RS)-(1-fluoroethyl)]-1,3,5-tri- azine-2,4-diamine (Indaziflam) (CAS No. 950782–86–2), whether or not mixed with applica- tion adjuvants (provided for in subheading 2933.69.60 or 3808.93.15) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2155. NITROGUANIDINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.55 Nitroguanidine (CAS No. 556–88–7) (provided for in subheading 2925.29.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2156. GUANIDINE NITRATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.56 Guanidine nitrate (CAS No. 506–93–4) (provided for in subheading 2925.29.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

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‘‘ 9902.43.57 1,4:5,8-Dimethanonaphthalene, 2-ethylidene-1,2,3,4,4a,5,8,8a-octahydro-, polymer with 3a,4,7,7a-tetrahydro-4,7-methano-1H-indene, hydrogenated (CAS No. 881025–72–5); 1,4- methano-1H-fluorene, 4,4a,9,9a-tetrahydro-, polymer with 1,2,3,4,4a,5,8,8a-octahydro- 1,4:5,8-dimethanonaphthalene and 3a,4,7,7a-tetrahydro-4,7-methano-1H-indene, hydro- genated (CAS No. 503442–46–4); and 1,4-methano-1H-fluorene, 4,4a,9,9a-tetrahydro-, poly- mer with 1,2,3,4,4a,5,8,8a-octahydro-1,4:5,8-dimethanonaphthalene, hydrogenated (CAS No. 503298–02–0) (provided for in subheading 3911.90.25) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2158. CERTAIN PLUG-IN ELECTROTHERMIC APPLIANCES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.58 Plug-in electrothermic appliances each with either a single integral fan or with two in- tegral fans and designed to dispense the fragrance of scented oil, such appliances with exterior shell of plastics, having an overall height of 18 mm or more but not over 21 mm (provided for in subheading 8516.79.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2159. CONTINUOUS ACTION, SELF-CONTAINED, REFILLABLE, FAN-MOTOR DRIVEN, BATTERY-OPERATED, PORTABLE PERSONAL DEVICE FOR MOS- QUITO REPELLENTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.59 Continuous action, self-contained, refillable, fan-motor driven, battery-operated, port- able personal device for mosquito repellents (provided for in subheading 8414.59.60) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2160. 4-CHLORO-1,8-NAPHTHALIC ANHYDRIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.60 4-Chloro-1,8-naphthalic anhydride (CAS No. 4053–08–1) (provided for in subheading 2917.39.30) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2161. NEOPENTYL GLYCOL (MONO) HYDROXYPIVALATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.61 Neopentyl glycol (mono) hydroxypivalate (CAS No. 1115–20–4) (provided for in sub- heading 2918.19.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2162. O-TOLUIDINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.62 o-Toluidine (CAS No. 95–53–4) (provided for in subheading 2921.43.90) ...... 4.2% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2163. BLOCKED POLYISOCYANATE HARDENER; 2-BUTANONE, OXIME, POLYMER WITH 1,6-DIISOCYANATOHEXANE AND 2-ETHYL-2-(HYDROXYMETHYL)- 1,3-PROPANEDIOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.63 blocked polyisocyanate hardener; 2-butanone, oxime, polymer with 1,6- Free No change No change On or be- diisocyanatohexane and 2-ethyl-2-(hydroxymethyl)-1,3-propanediol (CAS No. 72968–62–8) fore 12/31/ (provided for in subheading 3911.90.90). 2012 ...... ’’.

SEC. 2164. MIXTURES OF BARIUM SULFATE AND MAGNESIUM METAL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.64 Mixtures of barium sulfate (CAS No. 7727–43–7) and magnesium metal (provided for in subheading 3824.90.92) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2165. POLY(MELAMINE-CO-FORMALDELHYDE) METHYLATED BUTYLATED. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.65 Poly(melamine-co-formaldelhyde) methylated butylated (CAS No. 68036–97–5) (provided for in subheading 3909.20.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2166. POLY(MELAMINE-CO-FORMALDELHYDE) METHYLATED ISOBUTYLATED. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.66 Poly(melamine-co-formaldelhyde) methylated isobutylated (CAS No. 68955–24–8) (pro- vided for in subheading 3909.20.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2167. ION EXCHANGE RESIN, TERTIARY AMINE CROSSLINKED POLYSTYRENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.67 Ion exchange resin, tertiary amine crosslinked polystyrene (CAS No. 68441–29–2) (pro- vided for in subheading 3914.00.60) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2168. ION EXCHANGE RESIN, POLYSTYRENE CROSSLINKED WITH DIVINYLBENZENE, QUATERNARY AMONIUM CHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.43.68 Ion exchange resin, polystyrene crosslinked with divinylbenzene, quaternary amonium chloride (CAS No. 69011–15–0) (provided for in subheading 3914.00.60) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2169. ION EXHANGE RESIN, POLYSTYRENE CROSSLINKED WITH DIVINYLBENZENE, CHLOROMETHYLATED, TRIMETHYLAMMONIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.69 Ion exhange resin, polystyrene crosslinked with divinylbenzene, chloromethylated, trimethylammonium salt (CAS No. 69011–19–4) (provided for in subheading 3914.00.60) ..... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2170. ION EXCHANGE RESIN CONSISTING OF STYRENE-DIVINYLBENZENE-VINYLETHYLBENZENE COPOLYMER, SULFONATED, SODIUM SALTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.70 Ion exchange resin consisting of styrene-divinylbenzene-vinylethylbenzene copolymer, sulfonated, sodium salts (CAS No. 69011–22–9) (provided for in subheading 3914.00.60) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2171. TRIETHYLENEDIAMINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.71 Triethylenediamine (CAS No. 280–57–9) (provided for in subheading 2933.59.95) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2172. POLY(OXY-1,2-ETHANEDIYL), α-(2-ETHYLHEXYL-ω-HYDROXY-, PHOSPHATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.72 Poly(oxy-1,2-ethanediyl), α-(2-ethylhexyl-ω-hydroxy-, phosphate (CAS No. 68439–39–4) (provided for in subheading 3402.11.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2173. MACROPOROUS ADSORPENT POLYMER COMPOSED OF CROSSLINKED PHENOL-FORMALDEHYDE POLYCONDESATE RESIN IN GRANULAR FORM HAVING A MEAN PARTICLE SIZE OF 0.56 TO 0.76 MM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.73 Macroporous adsorpent polymer composed of crosslinked phenol-formaldehyde polycondesate resin in granular form having a mean particle size of 0.56 to 0.76 mm (CAS No. 9003–35–4) (provided for in subheading 3909.40.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2174. POLY(4-(1-ISOBUTOXYETHOXY)STYRENE-CO-4-HYDROXYSTYRENE) DISSOLVED IN 1-METHOXY-2-PROPANOL ACETATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.74 Poly(4-(1-isobutoxyethoxy)styrene-co-4-hydroxystyrene) (CAS No. 199432–82–1) dissolved in 1-methoxy-2-propanol acetate (CAS No. 108–65–6) (provided for in subheading 3208.90.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2175. POLY[(4-(1-ETHOXYETHOXY) STYRENE)/(4-(T-BUTOXYCARBONYLOXY) STYRENE)/(4-HYDROXYSTYRENE)]. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.75 Poly[(4-(1-ethoxyethoxy) styrene)/(4-(t-butoxycarbonyloxy) styrene)/(4-hydroxystyrene)] (CAS No. 177034–75–2) (provided for in subheading 3903.90.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2176. 6-DIAZO-5,6-DIHYDRO-5-OXO-NAPHTHALENE-1-SULFONIC ACID ESTER WITH 2-[BIS(4-HYDROXY-2,3,5-TRIMETHYLPHENYL)METHYL] PHENOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.76 6-Diazo-5,6-dihydro-5-oxo-naphthalene-1-sulfonic acid, ester with 2-[bis(4-hydroxy-2,3,5- trimethylphenyl) methyl]phenol (CAS No. 184489–92–7) (provided for in subheading 2927.00.25) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2177. BENZOYL CHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.77 Benzoyl chloride (CAS No. 98–88–4) (provided for in subheading 2916.32.20) ...... 2.7% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2178. CHLOROBENZENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.78 Chlorobenzene (CAS No. 108–90–7) (provided for in subheading 2903.61.10) ...... 2.9% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2179. P-DICHLOROBENZENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.79 p-Dichlorobenzene (CAS No. 106–46–7) (provided for in subheading 2903.61.30) ...... 2.9% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2180. CERTAIN STEAM HAIR STRAIGHTENERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.43.80 Electrothermic steam hair straighteners, each with removable water reservoir, the fore- going having mechanical controls with at least three but not more than six settings to control the volume of water released from the reservoir into the steam chamber (pro- vided for in subheading 8516.32.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2181. CERTAIN ICE CREAM MAKERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.81 Ice cream makers, each with a motor rated at 50 W or more but not over 60 W, with a bowl capacity of 1.4 liters or more but not over 1.95 liters (provided for in subheading 8509.40.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2182. CERTAIN FOOD CHOPPERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.82 Food choppers each with a reversible motor and a dual function blade, for grinding or chopping, with a bowl capacity of 0.6 liters or more, but not more than 1 liter (provided for in subheading 8509.40.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2183. CERTAIN PROGRAMMABLE DUAL FUNCTION COFFEE MAKERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.83 Electrothermic coffee makers, programmable, with blade capable of grinding coffee beans and dispensing ground coffee directly into a brew basket, each with a carafe ca- pacity of 1.475 liters or more but not over 1.77 liters (provided for in subheading 8516.71.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2184. CERTAIN ELECTRIC COFFEE MAKERS WITH BUILT-IN BEAN STORAGE HOPPERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.84 Electrothermic coffee makers, programmable and with automatic shut-off feature, each with a built-in bean storage hopper of a capacity of 227 g, having a burr grinder capable of dispensing ground coffee directly into a brew basket, the foregoing with a carafe ca- pacity of 1.77 liters or more but not over 2.065 liters, capable of producing coffee in quantities starting at 1 cup per brewing cycle (provided for in subheading 8516.71.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2185. SARDINES, SARDINELLA AND BRISTLING OR SPRATS, IN OIL, IN AIRTIGHT CONTAINERS, NEITHER SKINNED NOR BONED. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.85 Sardines, sardinella and bristling or sprats, in oil, in airtight containers, neither skinned nor boned (provided for in subheading 1604.13.20) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2186. CERTAIN IMAGE PROJECTORS DESIGNED TO SOOTHE OR ENTERTAIN INFANTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.86 Image projectors capable of projecting images onto a ceiling or wall, the foregoing each imported with audio player and designed to soothe or entertain infants (provided for in subheading 9008.30.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2187. 2-OXEPANONE POLYMER, 1-3-ISOBENZOFURANEDIONE TERMINATED. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.87 2-Oxepanone polymer, 1-3-isobenzofuranedione terminated (CAS No. 117985–60–1) (pro- vided for in subheading 3907.99.01) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2188. 2-OXEPANONE, POLYMER WITH 1,6-HEXANEDIOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.88 2-Oxepanone, polymer with 1,6-hexanediol (CAS No. 36609–29–7) (provided for in sub- heading 3907.99.01) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2189. ε-CAPROLACTONE POLYMER WITH POLY(1,4-BUTYLENE GLYCOL). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.89 ε-Caprolactone polymer with poly(1,4-butylene glycol) (CAS No. 9051–88–1) (provided for in subheading 3907.99.01) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2190. POLY(CAPROLACTONE) DIOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.90 Poly(caprolactone) diol (CAS No. 36890–68–3) (provided for in subheading 3907.99.01) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2191. CAPROLACTONE HOMOPOLYMER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.91 Caprolactone homopolymer (CAS No. 24980–41–4) (provided for in subheading 3907.99.01) .. Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

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‘‘ 9902.43.92 2,4,6-Tris [(dimethylamino)methyl]phenol (CAS No. 90–72–2) (provided for in subheading 2922.29.81) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2193. PROPANOIC ACID, 3-HYDROXY-2-(HYDROXYMETHYL)-2-METHYL- HOMOPOLYMER, ESTER WITH α-HYDRO-ω-HYDROXYPOLY(OXY-1,2-ETHANEDIYL) ETHER WITH 2,2-BIS(HYDROXYMETHYL)-1,3-PROPANEDIOL (4:4:1), 2,2-BIS[(2-PROPENYLOXY)METHYL]BUTYL SUCCINATES C3-24 CARBOXYLATES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.93 Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl- homopolymer, ester with α- hydro-ω-hydroxypoly(oxy-1,2-ethanediyl) ether with 2,2-bis(hydroxymethyl)-1,3- propanediol (4:4:1), 2,2-bis[(2-propenyloxy)methyl]butyl succinates C3-24 carboxylates (CAS No. 462113–23–1) (provided for in subheading 3907.50.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2194. 2-OXEPANONE, POLYMER WITH 2,2-BIS(HYDROXYMETHYL)-1,3-PROPANEDIOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.94 2-Oxepanone, polymer with 2,2-bis(hydroxymethyl)-1,3-propanediol (CAS No. 35484–93–6) (provided for in subheading 3907.99.01) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2195. 2-OXEPANONE, POLYMER WITH 1,4-BUTANEDIOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.95 2-Oxepanone, polymer with 1,4-butanediol (CAS No. 31831–53–5) (provided for in sub- heading 3907.99.01) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2196. DIANIL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.96 2,5-Cyclohexadiene-1,4-dione-2,5-dichloro-3,6-bis[(9-ethyl-9H-carbazol-3-yl)amino] (Dianil) (CAS No. 80546–37–8) (provided for in subheading 2933.99.79) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2197. S-METOLACHLOR. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.97 2-Chloro-N-(2-ethyl-6-methylphenyl)-N-[(1S)-2-methoxy-1-methylethyl]acetamide (s- Metolachlor) (CAS No. 87392–12–9) (provided for in subheading 2924.29.47) ...... 6% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2198. FRAMES AND MOUNTINGS FOR SPECTACLES, GOGGLES, OR THE LIKE, THE FOREGOING OF PLASTICS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.98 Frames and mountings for spectacles, goggles, or the like, the foregoing of plastics (provided for in subheading 9003.11.00) ...... 2.3% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2199. 1,3-PROPANEDIAMINIUM, N-[3-[[[DIMETHYL [3-[(2-METHYL-1-OXO-2-PROPENYL)AMINO] PROPYL] AMMONIO] ACETYL] AMINO] PROPYL]-2-HY- DROXY-N,N,N′,N′,N′- PENTAMETHYL-, TRICHLORIDE, POLYMER WITH 2-PROPENAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.43.99 1,3-Propanediaminium, N-[3-[[[dimethyl[3- [(2-methyl-1- oxo-2- propenyl) amino] propyl] ammonio] acetyl]amino] propyl] -2- hydroxy- N,N,N′,N′,N′-pentamethyl-, trichloride, polymer with 2-propenamide (CAS No. 916155–61–8) (provided for in subheading 3906.90.50) Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2200. 2-CYCLOHEXYLIDENE-2-PHENYLACETONITRILE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.01 2-Cyclohexylidene-2-phenylacetonitrile (CAS No. 10461–98–0) (provided for in subheading 2926.90.43) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2201. POLY(DICYCLOPENTADIENE-CO-P-CRESOL). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.02 Poly(dicyclopentadiene-co-p-cresol) (CAS No. 68610–51–5) (provided for in subheading 3812.30.60) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2202. 2-OXEPANONE, POLYMER WITH AZIRIDINE AND TETRAHYDRO-2H-PYRAN-2-ONE, DODECANOATE ESTER DISPERSANT IN N-BUTYL ACETATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.03 2-Oxepanone, polymer with aziridine and tetrahydro-2H-pyran-2-one, dodecanoate ester dispersant in n-butyl acetate, such that the weight of the active ingredient is less than 50 percent of the weight of the solution (provided for in subheading 3208.10.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2203. AMINE NEUTRALIZED PHOSPHATED POLYESTER POLYMER DISPERSANT IN AROMATIC NAPHTHA SOLVENT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.44.04 Amine neutralized phosphated polyester polymer dispersant in aromatic naphtha sol- vent, such that the weight of the active ingredient is less than 50 percent of the weight of the solution (provided for in subheading 3208.10.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2204. CERTAIN PLASTIC LAMINATE SHEETS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.05 Laminate sheets of plastics, each consisting of layers of polyethylene film (the fore- going comprising polyethylene coextrusion copolymer of low density polyethylene and ethylene acrylic acid) around an inner layer of aluminum foil (provided for in sub- heading 3921.90.40) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2205. PARTS OF FRAMES AND MOUNTINGS FOR SPECTACLES, GOGGLES, OR THE LIKE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.06 Parts of frames and mountings for spectacles, goggles, or the like (provided for in sub- heading 9003.90.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2206. CERTAIN WINDOW SHADE MATERIAL OF PAPER STRIPS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.07 Material suitable for use in window shades, presented in rolls, measuring approximately 27 m2 or more but not over 47 m2 in area, the foregoing comprising plaiting material of paper strips placed side-by-side and woven together using polyester yarn into a repeat- ing pattern, whether or not painted or coated and whether or not incorporating imita- tion leather in strips measuring approximately 2.5 mm or more but not over 4 mm in width (provided for in subheading 4601.99.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2207. CERTAIN WINDOW SHADE MATERIAL OF BAMBOO. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.08 Material suitable for use in window shades, presented in rolls, measuring approximately 27 m2 or more but not over 47 m2, the foregoing of bamboo, whether or not painted or coated, comprising one or more of the following bound together in parallel strands with polyester yarn: bamboo stems measuring 2 mm or more but not over 5 mm in diameter, bamboo slats measuring approximately 1 mm or more but not over 13 mm wide and/or bamboo cane measuring 2 mm or more but not over 12 mm in diameter; the foregoing whether or not containing grass, paper or jute (provided for in subheading 4601.92.20) ..... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2208. CERTAIN WINDSOCK-TYPE DECOYS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.09 Windsock-type decoys with silhouette heads, each having an internal frame to maintain body shape and presented with spring steel stake system (provided for in subheading 9507.90.80) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2209. CERTAIN WINDSOCKS WITH SILHOUETTE HEADS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.10 Windsocks with silhouette heads and fabric bodies of textile materials, each having an internal frame to maintain body shape and presented with spring steel stake system (provided for in subheading 6307.90.98) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2210. CERTAIN IMPLEMENTS FOR CLEANING HUNTED FOWL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.11 Devices of stainless steel designed for use in separating the wings and breast of hunted fowl from the rest of the carcasses when mounted on a standard vehicle trailer hitch (provided for in subheading 7326.90.85) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2211. ALKANES C10-C14. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.12 Alkanes C10-C14 (CAS No. 93924–07–3) (ASTM D–156) (provided for in subheading 2710.19.90) ...... 6.1% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2212. 2-HYDROXYETHYL-N-OCTYL SULFIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.13 2-Hydroxyethyl-n-octyl sulfide (CAS No. 3547–33–9) (provided for in subheading 2930.90.91) Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2213. CERTAIN PHOTOMASK BLANKS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.14 Photomask blanks with synthetic quartz substrates, with zero defects greater than 0.5 microns in the photoresist and chromium or phase shift layer (provided for in sub- heading 3701.99.60) ...... 1.1% No change No change On or be- fore 12/31/ 2012 ...... ’’.

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‘‘ 9902.44.15 Earphones, each having either multiple speakers in each earpiece (such speakers being balanced armature speakers) or with a single speaker in each earpiece (such speaker being either a balanced armature or a moving coil speaker), all the foregoing with a fre- quency response of 18 Hz or more but not over 19 kHz with a deviation of approximately plus or minus 3db and with detachable foam sleeves that enter the ear canal and a de- tachable cable (provided for in subheading 8518.30.20) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2215. CERTAIN HOT FEED EXTRUDING MACHINES FOR BUILDING TRUCK AND AUTOMOBILE TIRES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.16 Hot feed extruding machines certified by the importer as for building truck and auto- mobile tires, such machines capable of extruding rubber materials measuring 870 mm or more but not over 1200 mm in width, and parts thereof (provided for in subheading 8477.20.00, 8477.90.25, 8477.90.45, or 8477.90.85) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2216. MIXTURES OF TETRAKIS(HYDROXYMETHYL)PHOSPHONIUM CHLORIDE - UREA POLYMER AND TETRAKIS(HYDROXYMETHYL)PHOSPHONIUM CHLORIDE, AND FORMALDEHYDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.17 Mixtures of tetrakis (hydroxymethyl)phosphonium chloride - urea polymer (CAS No. 27104–30–9) and tetrakis (hydroxymethyl)phosphonium chloride (1:1) (CAS No. 124–64–1), and formaldehyde (CAS No. 50–00–0) (provided for in subheading 3809.91.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2217. P-FLUOROBENZALDEHYDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.18 p-Fluorobenzaldehyde (CAS No. 459–57–4) (provided for in subheading 2913.00.40) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2218. BICYCLO[2.2.1]-HEPT-5-ENE-2,3-DICARBOXYLIC ANHYDRIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.19 Bicyclo[2.2.1]-hept-5-ene-2,3-dicarboxylic anhydride (CAS No. 826–62–0) (provided for in subheading 2917.20.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2219. O-DICHLOROBENZENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.20 o-Dichlorobenzene (CAS No. 95–50–1) (provided for in subheading 2903.61.20) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2220. 2,2′-DITHIOIBISBENZOTHIAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.21 2,2′-Dithioibisbenzothiazole (CAS No. 120–78–5) (provided for in subheading 2934.20.10) ...... 2.1% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2221. AUDIO INTERFACE UNITS FOR SOUND MIXING, RECORDING, AND EDITING. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.22 Audio interface units for sound mixing, recording and editing, the foregoing capable of full interface control using separate automatic data processing systems (provided for in subheading 8543.70.96) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2222. CERTAIN ELECTRIC COOKTOPS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.23 Electric cooktops, weighing approximately 10.3 kg or more but not over 20.9 kg, having manual control knobs, each with coil-type electric cooking elements or with a flat cooking surface with incorporated heating elements, the foregoing which are (1) ap- proximately 66.0 or 76.2 cm in width and with 4 coils or heating elements, or (2) approxi- mately 91.4 cm in width and with 5 coils or heating elements (provided for in subheading 8516.60.60) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2223. CHROMATE(4-), [7-AMINO-3-[(3-CHLORO-2-HYDROXY-5-NITROPHENYL)AZO]-4-HYDROXY-2-NAPHTHALENESULFONATO(3-)][6-AMINO-4-HYDROXY-3- [(2-HYDROXY-5-NITRO-3-SULFOPHENYL)AZO]-2-NAPHTHALENESULFONATO(4-)]-, TETRASODIUM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.24 Chromate(4-), [7-amino-3-[(3-chloro-2-hydroxy-5-nitrophenyl)azo]-4-hydroxy-2- naphthalenesulfonato(3-)][6-amino-4-hydroxy-3-[(2-hydroxy-5-nitro-3-sulfophenyl)azo]-2- naphthalenesulfonato(4-)]-, tetrasodium (CAS No. 184719–87–7) (provided for in sub- heading 3204.12.45) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2224. PIGMENT ORANGE 62. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.25 Butanamide, N-(2,3-dihydro-2-oxo-1H-benzimidazol-5-yl)-2-[2-(4-nitrophenyl)diazenyl]-3- oxo- (Pigment Orange 62) (CAS No. 52846–56–7) (provided for in subheading 3204.17.60) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00088 Fmt 4634 Sfmt 8634 E:\CR\FM\A15DE7.041 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8443 SEC. 2225. MIXTURES OF FLUSILAZOLE WITH XYLENE AND INERT APPLICATION ADJUVANTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.26 Mixtures of 1-[[bis(4-fluorophenyl) methylsilyl]methyl]-1H-1,2,4-triazole (Flusilazole) (CAS No. 85509–19–9) with xylene and inert application adjuvants (provided for in sub- heading 3808.92.15) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2226. FLUTHIACET-METHYL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.27 Methyl[[2-chloro-4-fluoro- 5[(tetrahydro-3-oxo-1H,3H- [1,3,4]thiadiazolo[3,4- a]pyridazin- 1- ylidene)amino]phenyl]- thio]acetate (Fluthiacet-methyl) (CAS No. 117337– 19–6) (pro- vided for in subheading 2934.99.15) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2227. FORMULATIONS CONTAINING FLUTHIACET-METHYL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.28 Formulations containing methyl[[2-chloro-4-fluoro- 5[(tetrahydro-3-oxo-1H,3H- [1,3,4]thiadiazolo[3,4- a]pyridazin-1- ylidene)amino]phenyl]- thio]acetate (Fluthiacet- methyl) (CAS No. 117337– 19–6) and application adjuvants (provided for in subheading 3808.93.15) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2228. CERTAIN ELECTRODES PASTES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.29 Soderberg electrode pastes in rectangular blocks, cylinders (greater than or equal to 500 mm in diameter), or briquettes consisting of calcined anthracite (CAS No. 68187–59–7) and coal tar pitch CAS No. 65996–93–2) (provided for in subheading 3801.30.00) for use in the production of ferro-silicon having a 40–80 percent silicon content ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2229. ETHYL [4-CHLORO-2-FLUORO-5-[[[[METHYL (1-METHYLETHYL) AMINO] SULFONYL] AMINO] CARBONYL] PHENYL] CARBAMATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.30 Ethyl [4-chloro-2-fluoro-5-[[[[methyl(1-methylethyl)amino]sulfonyl] amino]carbonyl]phenyl] carbamate (CAS No. 874909–61–2) (provided for in subheading 2935.00.95) ...... 5% No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2230. ETHYL 3-AMINO-4,4,4-TRIFLUOROCROTONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.31 Ethyl 3-amino-4,4,4-trifluorocrotonate (CAS No. 372–29–2) (provided for in subheading 2922.49.80) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2231. DIETHYL OXALATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.32 Diethyl oxalate (CAS No. 95–92–1) (provided for in subheading 2917.11.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2232. POTASSIUM DECAFLUORO(PENTAFLUORO-ETHYL)CYCLOHEXANESULFONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.33 Potassium decafluoro(pentafluorethyl) cyclohexanesulfonate (CAS No. 67584–42–3) (pro- vided for in subheading 2904.90.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2233. CERTAIN DYNAMIC MICROPHONES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.34 Single-element unidirectional (cardioid) dynamic microphones, each with a frequency response of 60 Hz or more but not more than 15 kHz and less than 10 dB deviation across the frequency range, the foregoing each incorporating a copper coil and neodymium magnet and having a steel mesh grille and a die-cast handle of zinc alloy (provided for in subheading 8518.10.80) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2234. 2-PROPENOIC ACID, REACTION PRODUCTS WITH O-CRESOL-EPICHLOROHYDRIN-FORMALDEHYDE POLYMER AND 3A,4,7,7A-TETRAHYDRO-1,3- ISOBENZOFURANDIONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.35 2-Propenoic acid, reaction products with o-cresol-epichlorohydrin-formaldehyde poly- mer and 3a,4,7,7a-tetrahydro-1,3-isobenzofurandione (CAS No. 186511–06–8) (provided for in subheading 3907.30.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

SEC. 2235. FORMALDEHYDE, POLYMER WITH METHYLPHENOL, 2-HYDROXY-3-[(1-OXO-2-PROPENYL)OXY]PROPYL ETHER AND FORMALDEHYDE, POLYMER WITH (CHLOROMETHYL)OXIRANE AND METHYLPHENOL, 4-CYCLOHEXENE-1,2-DICARBOXYLATE 2-PROPENOATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.44.36 Formaldehyde, polymer with methylphenol, 2-hydroxy-3-[(1-oxo-2-propenyl)oxy]propyl ether (CAS No. 126901–56–2); and formaldehyde, polymer with (chloromethyl)oxirane and methylphenol, 4-cyclohexene-1,2-dicarboxylate 2-propenoate (CAS No. 182697–62–7) (pro- vided for in subheading 3907.30.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2236. VARIABLE-FOCAL-LENGTH (ZOOM) LENSES FOR DIGITAL CAMERAS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.37 Variable-focal-length (zoom) lenses for digital cameras, either having a focal-length range measuring approximately 10 mm or more but not over 24 mm and weighing be- tween 455 and 465 grams, or having a focal-length range measuring approximately 55 mm or more but not over 200 mm and weighing between 329 and 339 grams, or having a focal- length range measuring approximately 70 mm or more but not over 200 mm and weigh- ing between 1,535 and 1,545 grams (all the foregoing provided for in subheading 9002.11.90) Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2237. CERTAIN UMBRELLAS HAVING AN ARC GREATER THAN 152 CM BUT NOT MORE THAN 165 CM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.38 Umbrellas, each having an arc measuring 152 cm or more but not more than 165 cm (pro- vided for in subheading 6601.99.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2238. 4-METHYLBENZENESULFONAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.39 4-Methylbenzenesulfonamide (CAS No. 70–55–3) (provided for in subheading 2935.00.95) ..... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2239. MIXTURE OF CALCIUM HYDROXIDE, MAGNESIUM HYDROXIDE, ALUMINUM SILICATE, AND STEARIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.40 Mixture of calcium hydroxide (CAS No. 1305–62–0), magnesium hydroxide (CAS No. 1309– 42–8), aluminum silicate (CAS No. 70131–50–9), and stearic acid (CAS No. 57–11–4) (pro- vided for in subheading 3824.90.92) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2240. CERTAIN ELECTRICAL CONNECTORS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.41 Banana jack connectors (provided for in subheading 8536.69.80) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2241. CERTAIN TAMPER RESISTANT GROUND FAULT CIRCUIT INTERRUPTER RECEPTACLES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.42 Ground fault circuit interrupter (GFCI) receptacles designed to prevent insertion of for- eign objects, each with internal shutters and clearly marked TR (‘‘tamper resistant’’), certified by the importer as meeting the 2008 National Electric Code Section 406.11 for 15 ampere or 20 ampere receptacles (provided for in subheading 8536.30.80) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2242. CERTAIN HIGH PRESSURE FUEL PUMPS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.43 Fuel pumps designed for gasoline/ethanol direct injection fuel systems in internal com- bustion piston engines, the foregoing pumps capable of delivering fuel at pressures of 3.5 MPa or more but not over 12 MPa (provided for in subheading 8413.30.90) ...... 1.4% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2243. CERTAIN HYBRID ELECTRIC VEHICLE INVERTERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.44 Inverters (provided for in subheading 8504.40.95) for converting DC battery output to three-phase AC output designed to power an electric drive motor, certified by the im- porter for use in hybrid electric vehicles ...... 1.1% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2244. CERTAIN DIRECT INJECTION FUEL INJECTORS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.45 Direct injection fuel injectors (solenoid valves) (provided for in subheading 8481.80.90) designed to inject gasoline/ethanol fuel blends directly into the combustion chamber of a spark-ignition combustion piston engine in a high-pressure non-port injection system in a motor vehicle ...... 1.1% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2245. CERTAIN POWER ELECTRONICS BOXES AND STATIC CONVERTER COMPOSITE UNITS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.46 Power electronics box and static converter composite units (provided for in subheading 8504.40.95), each capable of performing the functions of an AC inverter and an auxiliary power module, capable of reducing DC voltage from 42 V (supplied by battery) to 12 V output and providing three-phase AC output to motor generator unit, the foregoing cer- tified by the importer for use in hybrid electric motor vehicles ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2246. CERTAIN ENGINES TO BE INSTALLED IN WORK TRUCKS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.44.47 Compression-ignition internal combustion piston engines of a cylinder capacity not ex- ceeding 1,000 cc to be installed in vehicles of heading 8709 (provided for in subheading 8408.20.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2247. CERTAIN WINDOW SHADE MATERIAL IN ROLLS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.48 Material suitable for use in window shades, presented in rolls, measuring approximately 27 m2 or more but not over 47 m2, the foregoing of wood, whether or not painted or coat- ed, comprising wood slats measuring approximately 6 mm or more but not over 8 mm in width or 22 mm or more but not over 25 mm in width and 1 mm or more but not over 2 mm in thickness, woven into a repeating pattern with polyester yarn; the foregoing whether or not containing one or more of the following materials: bamboo stems meas- uring approximately 1 mm or more but not over 2.5 mm in width, marupa (Simarouba spp.) wood rods measuring approximately 1.5 mm or more but not over 3 mm in diame- ter, rope of twisted paper, jute yarn or paper strips (provided for in subheading 4601.94.20) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2248. 4,4′-METHYLENEBIS(2-CHLOROANILINE). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.49 4,4′-Methylenebis(2-chloroaniline) (CAS No. 101–14–4) (provided for in subheading 2921.59.08) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2249. METHYL CHLOROACETATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.50 Methyl chloroacetate (CAS No. 96–34–4) (provided for in subheading 2915.40.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2250. CERTAIN LAMINATED FILM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.51 Laminated film with outer layers of polyethylene sandwiched around a printed nylon inner layer, with or without an additional saran inner layer; or laminated film of poly- ethylene with printed nylon inner layer for use in aseptic bag manufacture (provided for in subheading 3920.10.00) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2251. METHYL ACRYLATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.52 Methyl acrylate (CAS No. 96–33–3) (provided for in subheading 2916.12.50) ...... 2% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2252. HEXANEDIOIC ACID, POLYMER WITH N-(2-AMINOETHYL)-1,3-PROPANEDIAMINE, AZIRIDINE, (CHLOROMETHYL)OXIRANE, 1,2-ETHANEDIAMINE, N,N-1,2-ETHANEDIYLBIS(1,3-PROPANEDIAMINE), FORMIC ACID AND ALPHA-HYDRO-OMEGA-HYDROXYPOLY(OXY-1,2-ETHANEDIYL). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.53 Hexanedioic acid, polymer with N-(2-aminoethyl)-1,3-propanediamine, aziridine, (chloromethyl)oxirane, 1,2-ethanediamine, N,N-1,2-ethanediylbis(1,3-propanediamine), formic acid and alpha-hydro-omega-hydroxypoly(oxy-1,2-ethanediyl) (CAS No. 114133–44– 7) (provided for in subheading 3911.90.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2253. N-VINYLFORMAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.54 N-Vinylformamide (CAS No. 13162–05–5) (provided for in subheading 2924.19.11) ...... 0.3% No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2254. LOW MOLECULAR WEIGHT ETHYLENIMINE COPOLYMERS, 1,2-ETHANEDIAMINE, POLYMER WITH AZIRIDINE, WHETHER IN AQUEOUS SOLUTION OR WATER FREE GRADES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.55 Low molecular weight ethylenimine copolymers, 1,2-ethanediamine, polymer with aziridine (CAS No. 25987–06–8), whether in aqueous solution or water free grades (pro- vided for in subheading 3911.90.90) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2255. ANTARCTIC KRILL OIL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.56 Antarctic krill oil, in bulk, not chemically modified, not containing lipids from any other sources (provided for in subheading 3824.90.40) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’. SEC. 2256. MIXTURE OF 1-(1,2,3,4,5,6,7,8-OCTAHYDRO-2,3,8,8-TETRAMETHYL-2-NAPHTHALENYL)-ETHAN-1-ONE (AND ISOMERS). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.44.57 Mixture of 1-(1,2,3,4,5,6,7,8-octahydro-2,3,8,8-tetramethyl-2-naphthalenyl)-ethan-1-one (and isomers) (CAS Nos. 54464–57–2; 68155–66–8; 68155–67–9) (provided for in subheading 2914.29.50) ...... Free No change No change On or be- fore 12/31/ 2012 ...... ’’.

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(A) is redesignated as heading 9902.25.80; (B) by striking the date in the effective pe- The amendments made by this subtitle and riod column and inserting ‘‘12/31/2012’’. apply to goods entered, or withdrawn from (B) is amended— (12) ULTRAFINE YTTRIUM OXIDE PHOSPHOR.— warehouse for consumption, on or after the (i) by striking ‘‘Free’’ in the column 1 gen- Heading 9902.22.69 is amended— 15th day after the date of the enactment of eral rate of duty column and inserting (A) by striking the article description and this Act. ‘‘8.7%’’; and inserting the following: ‘‘Ultrafine yttrium Subtitle B—Additional Existing Duty (ii) by striking the date in the effective pe- oxide phosphor, with a median particle size Suspensions and Reductions riod column and inserting ‘‘12/31/2012’’. not to exceed 4.3 microns and containing SEC. 2301. EXTENSION OF CERTAIN EXISTING (4) CERTAIN AC ELECTRIC MOTORS OF AN OUT- greater than 6.5 percent by weight of euro- DUTY SUSPENSIONS AND REDUC- PUT EXCEEDING 74.6 W BUT NOT EXCEEDING 105 pium, used as a luminophore (CAS No. 68585– TIONS AND OTHER MODIFICATIONS. W.—Heading 9902.85.07 is amended— 82–0) (provided for in subheading 2846.90.80)’’; (a) EXTENSIONS.—Each of the following (A) by striking the article description and and headings is amended by striking the date in inserting the following: ‘‘AC electric motors (B) by striking the date in the effective pe- the effective period column and inserting of an output exceeding 74.6 W but not exceed- riod column and inserting ‘‘12/31/2012’’. ‘‘12/31/2012’’: ing 105 W, single phase; each equipped with a (13) COARSE YTTRIUM OXIDE PHOSPHOR.— (1) Heading 9902.05.35 (relating to certain capacitor, a rotary speed control mechanism, Heading 9902.22.63 is amended— footwear). and a peripherally located mounting, cool- (A) by striking the article description and (2) Heading 9902.22.70 (relating to calcium ing, and electrical isolation ring made of inserting the following: ‘‘Coarse yttrium chloride phosphate phosphor activated by plastics with an internal opening exceeding oxide phosphor with a median particle size manganese and antimony used as a 80 mm and an external dimension exceeding greater than 4.9 microns, containing between luminophore). 127 mm but not exceeding 180 mm (provided 4.5 and 5.9 percent by weight of europium, (3) Heading 9902.22.72 (relating to calcium for in subheading 8501.40.40)’’; used as a luminophore (CAS No. 68585–82–0) chloride phosphate phosphor used as a (B) by striking ‘‘Free’’ in the column 1 gen- (provided for in subheading 2846.90.80)’’; and luminophore). eral rate of duty column and inserting ‘‘1%’’; (B) by striking the date in the effective pe- (4) Heading 9902.22.74 (relating to small and riod column and inserting ‘‘12/31/2012’’. particle calcium chloride phosphate phos- (C) by striking the date in the effective pe- (14) STRONTIUM CALCIUM BARIUM phor). riod column and inserting ‘‘12/31/2012’’. CHLOROPHOSPHATE.—Heading 9902.22.73 is (5) Heading 9902.24.12 (relating to sacks and (5) 3,3 DICHLOROBENZIDINE amended— bags of undyed woven fabric of nylon multi- DIHYDROCHLORIDE.—Heading 9902.25.73 is (A) by striking the article description and filament yarns used for packing wool for amended— inserting the following: ‘‘Strontium calcium transport, storage, or sale). (A) by striking ‘‘5.9%’’ in the column 1 gen- barium chlorophosphate, europium doped, (6) Heading 9902.13.28 (relating to eral rate of duty column and inserting used as a luminophore (CAS Nos. 109037–74–3 Triasulfuron). ‘‘4.3%’’; and and 1312–81–8) (provided for in subheading (7) Heading 9902.11.36 (relating to 2- (B) by striking the date in the effective pe- 3206.50.00)’’; and Methylhydroquinone). riod column and inserting ‘‘12/31/2012’’. (B) by striking the date in the effective pe- (8) Heading 9902.85.21 (relating to certain (6) CERTAIN CHEMICAL DISPERSANT.—Head- riod column and inserting ‘‘12/31/2012’’. liquid crystal display panel assemblies). ing 9902.03.26 is amended— (15) LANTHANUM PHOSPHATE PHOSPHOR.— (9) Heading 9902.84.85 (relating to certain (A) in the article description, by striking Heading 9902.22.75 is amended— extruders used in the production of radial ‘‘3824.90.28’’ and inserting ‘‘2933.99.79’’; and (A) by striking the article description and tires). (B) by striking the date in the effective pe- inserting the following: ‘‘Lanthanum phos- (10) Heading 9902.29.02 (relating to 2- riod column and inserting ‘‘12/31/2012’’. phate phosphor with a median particle size Acetylnicotinic acid). (7) CERTAIN LIGHTS DESIGNED FOR USE IN between 2.5 and 4.1 microns, containing ce- (11) Heading 9902.03.23 (relating to 12- AIRCRAFT.—Heading 9902.22.85 is amended by rium and terbium, used as a luminophore Hydroxyoctadecanoic acid, reaction product striking the article description and inserting (CAS Nos. 13778–59–1, 13454–71–2, and 13863–48– with N,N-dimethyl-1,3-propanediamine, di- the following: ‘‘Exterior lights designed for methyl sulfate, quaternized, 60 percent solu- illuminating aircraft evacuation routes or 4 or 95823–34–0) (provided for in subheading tion in toluene). slides (provided for in subheading 2846.90.80)’’; and (12) Heading 9902.25.59 (relating to staple fi- 9405.40.60)’’. (B) by striking the date in the effective pe- riod column and inserting ‘‘12/31/2012’’. bers of viscose rayon, not carded, combed, or (8) CERTAIN VACUUM RELIEF VALVES DE- (16) BARIUM MAGNESIUM ALUMINATE PHOS- otherwise processed for spinning). SIGNED FOR USE IN AIRCRAFT.—Heading (13) Heading 9902.10.21 (relating to acrylic 9902.22.83 is amended by striking the article PHOR.—Heading 9902.22.64 is amended— or modacrylic filament tow). description and inserting the following: (A) by striking the article description and (14) Heading 9902.25.62 (relating to acrylic ‘‘Vacuum relief valves designed to equalize inserting the following: ‘‘Barium magnesium or modoacrylic staple fibers, not carded, pressure between the internal cabin and the aluminate phosphor with a median particle combed, or otherwise processed for spinning). external atmosphere, certified by the im- size between 2.2 and 3.0 microns, containing (15) Heading 9902.02.67 (relating to acetyl porter for use in civil aircraft (provided for europium or manganese, used as a chloride). in subheading 8481.40.00)’’. luminophore (CAS Nos. 63774–55–0 and 1308– (16) Heading 9902.10.47 (relating to (9) CERTAIN SECTOR MOLD PRESS MA- 96–9) (provided for in subheading 3206.50.00)’’; butanedioic acid, dimethyl ester, polymer CHINES.—Heading 9902.84.89 is amended— and with 4-hydroxy-2,2,6,6,-tetramethyl-1- (A) by striking the article description and (B) by striking the date in the effective pe- piperidineethanol). inserting the following: ‘‘Sector mold press riod column and inserting ‘‘12/31/2012’’. (b) OTHER MODIFICATIONS.— machines to be used in production of radial SEC. 2302. EFFECTIVE DATE. (1) TRITICONAZOLE.—Heading 9902.03.99 is tires designed for off-the-highway use, such (a) IN GENERAL.—The amendments made by amended— tires measuring more than 254 cm in overall this subtitle apply to goods entered, or with- (A) by striking the article description and diameter (provided for in subheading drawn from warehouse for consumption, on inserting the following: ‘‘(RS)-(E)-5-(4- 4011.20.10, 4011.61.00, 4011.63.00, 4011.69.00, or after the 15th day after the date of the en- chlorobenzylidene)-2,2-dimethyl-1-(1H-1,2,4- 4011.92.00, 4011.94.40 or 4011.99.45), numerically actment of this Act. triazol-1-ylmethyl)cyclopentanol controlled, and parts thereof (provided for in (b) RETROACTIVE APPLICABILITY.— (Triticonazole) (CAS No. 131983–72–7) (pro- subheading 8477.51.00 or 8477.90.85)’’; and (1) IN GENERAL.—Notwithstanding section vided for in subheading 2933.99.22)’’; and (B) by striking the date in the effective pe- 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or (B) by striking the date in the effective pe- riod column and inserting ‘‘12/31/2012’’. any other provision of law and subject to riod column and inserting ‘‘12/31/2012’’. (10) VERNAKALANT HYDROCHLORIDE.—Head- paragraph (2), the entry of a good described (2) BOSCALID.—Heading 9902.01.18 is amend- ing 9902.22.93 is amended— in any heading of subchapter II of chapter 99 ed— (A) by striking the article description and of the Harmonized Tariff Schedule of the (A) by striking the article description and inserting the following: ‘‘3-Pyrrolidinol, 1- United States (as amended by this subtitle)— inserting the following: ‘‘2-Chloro-N-(4′- [(1R,2R)-2-[2-(3,4- (A) which was made on or after January 1, chloro-biphenyl-2-yl)-nicotinamide dimethoxyphenyl)ethoxy]cyclohexyl]- 2010, and before the 15th day after the date of (Boscalid) (CAS No. 188425–85–6) (provided for ,hydrochloride, (3R) (Vernakalant hydro- the enactment of this Act, and in subheading 2933.39.21)’’; chloride) (CAS No. 748810–28–8) (provided for (B) with respect to which there would have (B) by striking ‘‘4.4%’’ in the column 1 gen- in subheading 2933.99.53)’’; and been no duty or a reduced duty (as the case eral rate of duty column and inserting (B) by striking the date in the effective pe- may be) if the amendment or amendments ‘‘5.8%’’; and riod column and inserting ‘‘12/31/2012’’. made by this subtitle applied to such entry, (C) by striking the date in the effective pe- (11) POLY(ETHYLENE-CO-1-BUTENE).—Heading shall be liquidated or reliquidated as though riod column and inserting ‘‘12/31/2012’’. 9902.10.34 is amended— the entry had been made on the 15th day (3) ARTIFICIAL FLOWERS OF MAN-MADE FI- (A) by striking the article description and after the date of the enactment of this Act. BERS.—The second heading 9902.25.65 (relat- inserting the following: ‘‘Poly(ethylene-co-1- (2) REQUESTS.—A liquidation or reliquida- ing to artificial flowers of man-made fi- butene) (CAS No. 25087–34–7) (provided for in tion may be made under paragraph (1) with bers)— subheading 3901.20.50)’’; and respect to an entry only if a request therefor

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is filed with U.S. Customs and Border Pro- under section 4002(c)(6) of such Act for cal- Entry num- Date of tection not later than 180 days after the date endar year 2010, equal the total amount of ber entry Port of the enactment of this Act that contains grants authorized to be provided to eligible sufficient information to enable U.S. Cus- manufacturers under section 4002(c)(6) of 91608255286 6/26/2000 Houston toms and Border Protection— such Act for calendar year 2010. (A) to locate the entry; or (2) PAYMENT OF AMOUNTS.—U.S. Customs 91609285753 7/4/2000 Houston (B) to reconstruct the entry if it cannot be and Border Protection shall make payments located. described in paragraph (1) to eligible manu- 91609285761 7/4/2000 Houston (3) PAYMENT OF AMOUNTS OWED.—Any facturers not later than 30 days after such amounts owed by the United States pursuant transfer of amounts from the general fund of 91608258504 7/20/2000 Houston to the liquidation or reliquidation of an the Treasury of the United States to the entry of a good under paragraph (1) shall be Wool Apparel Manufacturers Trust Fund. 91608259700 7/25/2000 Houston paid, without interest, not later than 90 days The Secretary of Commerce shall promptly after the date of the liquidation or reliquida- provide grants described in paragraph (1) to 91608260724 8/1/2000 Houston tion (as the case may be). eligible manufacturers after such transfer of (4) DEFINITION.—As used in this subsection, amounts from the general fund of the Treas- 91608263405 8/12/2000 Houston the term ‘‘entry’’ includes a withdrawal from ury of the United States to the Wool Apparel warehouse for consumption. Manufacturers Trust Fund. 91608264429 8/28/2000 Houston TITLE III—MODIFICATION OF WOOL (c) RULE OF CONSTRUCTION.—The amend- APPAREL MANUFACTURERS TRUST FUND ments made by subsection (a) shall not be construed to affect the availability of 91608266135 8/31/2000 Houston SEC. 3001. MODIFICATION OF WOOL APPAREL MANUFACTURERS TRUST FUND. amounts transferred to the Wool Apparel Manufacturers Trust Fund before the date of 91608267364 9/6/2000 Houston (a) IN GENERAL.—Section 4002(c)(2) of the the enactment of this Act. Miscellaneous Trade and Technical Correc- 91608271382 9/27/2000 Houston tions Act of 2004 (Public Law 108–429; 118 TITLE IV—LIQUIDATION OR Stat. 2600) is amended— RELIQUIDATION OF CERTAIN LINE ITEMS 91608272976 10/5/2000 Houston (1) in subparagraph (A), by striking ‘‘sub- SEC. 4001. RELIQUIDATION OF CERTAIN ORANGE ject to the limitation in subparagraph (B)’’ JUICE ENTRIES. 91608273735 10/12/2000 Houston and inserting ‘‘subject to subparagraphs (B) (a) IN GENERAL.—Notwithstanding sections and (C)’’; and 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 91608276662 10/23/2000 Houston (2) by adding at the end the following new 1514 and 1520), or any other provisions of law, subparagraph: U.S. Customs and Border Protection shall, 91608278700 10/30/2000 Houston ‘‘(C) ALTERNATIVE FUNDING SOURCE.—Sub- not later than 90 days after the date of the paragraph (A) shall be applied and adminis- enactment of this Act, liquidate or reliq- tered by substituting ‘chapter 62’ for ‘chap- uidate the entries listed in subsection (c) in 91608276654 10/23/2000 Houston ter 51’ for any period of time with respect to accordance with the final results of the ad- which the Secretary notifies Congress that ministrative reviews undertaken by the 91608279567 11/7/2000 Houston amounts determined by the Secretary to be International Trade Administration of the equivalent to amounts received in the gen- Department of Commerce with respect to the 91608279559 11/8/2000 Houston eral fund of the Treasury of the United antidumping duty order on certain orange States that are attributable to the duty re- juice from Brazil (Case Number A–351–840) 91608282322 11/20/2000 Houston ceived on articles classified under chapter 51 and covering the periods from August 24, of the Harmonized Tariff Schedule of the 2005, through February 28, 2007, and from 91608285242 12/9/2000 Houston United States are not sufficient to make March 1, 2007, through February 29, 2008, re- payments under paragraph (3) or grants spectively. 91608286935 12/16/2000 Houston under paragraph (6).’’. (b) PAYMENT OF AMOUNTS OWED.—Any (b) FULL RESTORATION OF PAYMENT LEVELS amounts owed by the United States pursuant 91608286950 12/16/2000 Houston IN CALENDAR YEAR 2010.— to the liquidation or reliquidation of an (1) TRANSFER OF AMOUNTS.— entry under subsection (a) shall be paid by 91608288428 12/19/2000 Houston (A) IN GENERAL.—Not later than 30 days U.S. Customs and Border Protection not after the date of the enactment of this Act, later than 90 days after such liquidation or 91608289392 12/28/2000 Houston the Secretary of the Treasury shall transfer reliquidation with interest. to the Wool Apparel Manufacturers Trust (c) AFFECTED ENTRIES.—The entries re- 91608290499 1/2/2001 Houston Fund, out of the general fund of the Treasury ferred to in subsection (a) are the following: of the United States, amounts determined by 91608290507 1/2/2001 Houston the Secretary of the Treasury to be equiva- Entry Number Date of Entry lent to amounts received in the general fund 032–0354213–3 12/14/2006 91608293717 1/24/2001 Houston that are attributable to the duty received on articles classified under chapter 51 or chap- 032–0358707–0 04/05/2007 91608293709 1/24/2001 Houston ter 62 of the Harmonized Tariff Schedule of 032–0362302–4 07/09/2007. the United States (as determined under sec- 91608296868 2/6/2001 Houston tion 4002(c)(2) of the Miscellaneous Trade and SEC. 4002. RELIQUIDATION OF CERTAIN ENTRIES Technical Corrections Act of 2004 (Public OF INDUSTRIAL NITROCELLULOSE 91608294640 1/30/2001 Houston Law 108–429; 118 Stat. 2600)), subject to the FROM THE UNITED KINGDOM. limitation in subparagraph (B). (a) RELIQUIDATION OF ENTRIES.—Notwith- 91610450040 2/19/2001 Houston (B) LIMITATION.—The Secretary of the standing sections 514 and 520 of the Tariff Treasury shall not transfer more than the Act of 1930 (19 U.S.C. 1514 and 1520), or any 91610455031 3/6/2001 Houston amount determined by the Secretary to be other provision of law, U.S. Customs and necessary for— Border Protection shall, not later than 90 91510455015 3/6/2001 Houston (i) U.S. Customs and Border Protection to days after the date of the enactment of this make payments to eligible manufacturers Act— under section 4002(c)(3) of the Miscellaneous (1) reliquidate the entries listed in sub- 91610459223 3/26/2001 Houston Trade and Technical Corrections Act of 2004 section (b) at the final antidumping duty as- so that the amount of such payments, when sessment rate of 3.43 percent, as determined 91610462052 4/6/2001 Houston added to any other payments made to eligi- by Department of Commerce during the ad- ble manufacturers under section 4002(c)(3) of ministrative review pertaining to those en- 91610462037 4/10/2001 Houston such Act for calendar year 2010, equal the tries; and total amount of payments authorized to be (2) refund to the importer of record the 91610466665 4/22/2001 Houston provided to eligible manufacturers under amount of excess antidumping duty col- section 4002(c)(3) of such Act for calendar lected as a result of the liquidation of those 91610460619 4/6/2001 Houston year 2010; and entries and the assessment of antidumping (ii) the Secretary of Commerce to provide duties at the ‘‘as entered’’ rate of 18.49 per- 91610469669 5/9/2001 Houston grants to eligible manufacturers under sec- cent, including interest thereon, in accord- tion 4002(c)(6) of the Miscellaneous Trade and ance with sections 737(b) and 778 of the Tariff 91610470600 5/12/2001 Houston Technical Corrections Act of 2004 so that the Act of 1930 (19 U.S.C. 1673f(b) and 1677g). amounts of such grants, when added to any (b) AFFECTED ENTRIES.—The entries re- 91610470402 5/12/2001 Houston other grants made to eligible manufacturers ferred to in subsection (a) are as follows:

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Entry num- Date of Entry num- Date of subparagraph (B), the entry of a good de- ber entry Port ber entry Port scribed in any heading of subchapter II of chapter 99 of the Harmonized Tariff Schedule 91610474149 5/30/2001 Houston 91608299029 2/8/2001 Norfolk of the United States (as amended by this title)— 91610477019 6/12/2001 Houston 91610450438 2/15/2001 Norfolk (i) which was made on or after January 1, 2010, and before the 15th day after the date of 91610475385 6/4/2001 Houston 91610453739 2/28/2001 Norfolk the enactment of this Act, and (ii) with respect to which there would have 91610479650 6/25/2001 Houston 91610453754 2/28/2001 Norfolk been no duty or a reduced duty (as the case may be) if the amendment or amendments 91608255013 6/22/2000 Norfolk 91610461088 3/27/2001 Norfolk made by this title applied to such entry, shall be liquidated or reliquidated as though 91608254990 6/22/2000 Norfolk 91610465063 4/17/2001 Norfolk the entry had been made on the 15th day after the date of the enactment of this Act. 91610467440 4/24/2001 Norfolk 91608257498 6/7/2000 Norfolk (B) REQUESTS.—A liquidation or reliquida- tion may be made under subparagraph (A) 91610468562 5/1/2001 Norfolk 91608259189 7/15/2000 Norfolk with respect to an entry only if a request therefor is filed with U.S. Customs and Bor- 91608260708 7/16/2000 Norfolk 91610474115 5/23/2001 Norfolk der Protection not later than 180 days after the date of the enactment of this Act that 91608260716 7/29/2000 Norfolk 91610474289 6/5/2001 Norfolk contains sufficient information to enable U.S. Customs and Border Protection— 91608263272 8/8/2000 Norfolk 91610478389 6/13/2001 Norfolk. (i) to locate the entry; or (ii) to reconstruct the entry if it cannot be 91608263421 8/12/2000 Norfolk SEC. 4003. PROHIBITION ON COLLECTION OF CERTAIN PAYMENTS MADE UNDER located. 91608264718 8/14/2000 Norfolk THE CONTINUED DUMPING AND (C) PAYMENT OF AMOUNTS OWED.—Any SUBSIDY OFFSET ACT OF 2000. amounts owed by the United States pursuant 91608265145 8/18/2000 Norfolk (a) IN GENERAL.—Notwithstanding any to the liquidation or reliquidation of an other provision of law and except as provided entry of a good under subparagraph (A) shall 91608265392 8/18/2000 Norfolk in subsection (c), neither the Secretary of be paid, without interest, not later than 90 Homeland Security nor any other person days after the date of the liquidation or re- 91608265384 8/18/2000 Norfolk may require repayment of, or attempt in any liquidation (as the case may be). other way to recoup, any payments described (D) DEFINITION.—As used in this paragraph, 91608266127 8/25/2000 Norfolk in subsection (b) in an attempt to offset any the term ‘‘entry’’ includes a withdrawal from amount to be refunded pursuant to section warehouse for consumption. 91608266119 8/25/2000 Norfolk 4001 or 4002. SEC. 5002. ADDITIONAL TECHNICAL CORREC- (b) PAYMENTS DESCRIBED.—Payments de- TION. 91608268933 9/8/2000 Norfolk scribed in this subsection are payments of (a) BIAXIALLY ORIENTED POLYPROPYLENE antidumping duties made pursuant to the DIELECTRIC FILM.—Heading 9902.25.75 is 91608266283 9/1/2000 Norfolk Continued Dumping and Subsidy Offset Act amended by striking the article description of 2000 (section 754 of the Tariff Act of 1930 and inserting the following: ‘‘Biaxially ori- 91608268925 9/8/2000 Norfolk (19 U.S.C. 1675c; repealed by subtitle F of ented polypropylene film, certified by the title VII of the Deficit Reduction Act of 2005 importer as intended for metallization and 91608268966 9/8/2000 Norfolk (Public Law 109–171; 120 Stat. 154))) that were use in capacitors, or certified by the im- assessed and paid on imports of goods cov- porter as below 40 gauge (10.2 micrometers), 91608269865 9/15/2000 Norfolk ered by section 4001 or 4002 when the entries not intended for metallization and intended for those goods were originally liquidated. for use in capacitors, all of the foregoing pro- 91608272182 9/22/2000 Norfolk (c) LIMITATION.—Nothing in this section duced from solvent-washed low ash content shall be construed to prevent the Secretary (less than 50 ppm) polymer resin (CAS No. 91608270988 9/15/2000 Norfolk of Homeland Security, or any other person, 9003–07–0) (provided for in subheading from requiring repayment of, or attempting 3920.20.00)’’. 91608272406 9/22/2000 Norfolk to otherwise recoup, any payments described (b) EFFECTIVE DATE.—The amendment in subsection (b) as a result of a finding of made by subsection (a) applies to goods en- 91608272984 9/30/2000 Norfolk false statements or other misconduct by a tered, or withdrawn from warehouse for con- recipient of such a payment. sumption, on or after the 15th day after the 91608273727 9/30/2000 Norfolk TITLE V—TECHNICAL CORRECTIONS date of the enactment of this Act. SEC. 5001. TECHNICAL CORRECTIONS. DIVISION C—OFFSETS 91608273792 10/6/2000 Norfolk (a) REACTIVE YELLOW 7459.—Heading TITLE I—OFFSETS 9902.02.46 is amended in the article descrip- SEC. 10001. CUSTOMS USER FEES. 91608277702 10/18/2000 Norfolk tion column to read as follows: ‘‘Reactive Section 13031(j)(3) of the Consolidated Om- nibus Budget Reconciliation Act of 1985 (19 91608278239 10/24/2000 Norfolk Yellow 206 (1,3,6-Naphthalenetrisulfonic acid, 7,7’-[1,3-propanediylbis[imino(6-fluoro-1,3,5- U.S.C. 58c(j)(3)) is amended— (1) in subparagraph (A), by striking ‘‘Sep- 91608275334 10/14/2000 Norfolk triazine-4,2-diyl)imino[2- [(aminocarbonyl)amino]-4,1-phen- tember 30, 2019’’ and inserting ‘‘September 91608277595 10/21/2000 Norfolk ylene]azo]]bis-, sodium salt) (CAS No. 143683– 30, 2020’’; and 24–3) (provided for in subheading 3204.16.30)’’. (2) in subparagraph (B)(i), by striking 91608279591 11/1/2000 Norfolk (b) VINYLIDENE CHLORIDE-METHYL METH- ‘‘September 30, 2019’’ and inserting ‘‘May 23, ACRYLATE-ACRYLONITRILE COPOLYMER.— 2020’’. 91608279831 11/13/2000 Norfolk Heading 9902.23.09 is amended in the article SEC. 10002. TIME FOR PAYMENT OF CORPORATE description column by striking ‘‘3904.90.50’’ ESTIMATED TAXES. 91608282314 11/15/2000 Norfolk and inserting ‘‘3904.50.00’’. The percentage under paragraph (2) of sec- (c) STAINLESS STEEL SINGLE-PIECE EX- tion 561 of the Hiring Incentives to Restore 91608285028 11/30/2000 Norfolk HAUST GAS MANIFOLDS.—Heading 9902.40.94 is Employment Act in effect on the date of the amended in the article description column enactment of this Act is increased by 4.5 per- 91609979181 11/30/2000 Norfolk by striking ‘‘9902.01.50’’ and inserting centage points. ‘‘8409.91.50’’. SEC. 10003. COMPLIANCE WITH PAYGO. 91609981393 12/15/2000 Norfolk (d) EFFECTIVE DATE.— The budgetary effects of this Act, for the (1) IN GENERAL.—The amendments made by purpose of complying with the Statutory 91608289400 12/23/2000 Norfolk this section apply to goods entered, or with- Pay-As-You-Go Act of 2010, shall be deter- drawn from warehouse for consumption, on mined by reference to the latest statement 91608290515 12/29/2000 Norfolk or after the 15th day after the date of the en- titled ‘‘Budgetary Effects of PAYGO Legisla- actment of this Act. tion’’ for this Act, submitted for printing in 91608293402 1/16/2001 Norfolk (2) RETROACTIVE APPLICABILITY.— the Congressional Record by the Chairman of (A) IN GENERAL.—Notwithstanding section the House Budget Committee, provided that 91608299045 2/8/2001 Norfolk 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or such statement has been submitted prior to any other provision of law and subject to the vote on passage.

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.041 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8449 The SPEAKER pro tempore. Pursu- Next, the bill also includes an 18- Colombia, but for over 3 years, the ant to the rule, the gentleman from month extension for two preference Speaker has refused to permit a simple Michigan (Mr. LEVIN) and the gen- programs—GSP, the Generalized Sys- up-or-down vote on that agreement. tleman from Michigan (Mr. CAMP) each tem of Preferences; and the Andean The Speaker has refused to bring that will control 20 minutes. Trade Preference Act, ATPA—that are agreement to the floor even though it The Chair recognizes the gentleman set to expire at the end of the year. would level the playing field for Amer- from Michigan (Mr. LEVIN). That means in 2 weeks. Last year, this ican workers and generate new exports GENERAL LEAVE legislation was passed by voice vote. and support American jobs. Mr. LEVIN. Madam Speaker, I ask Preferences are important tools in Despite the lack of progress on that unanimous consent that all Members U.S. trade policy. They help developing agreement, I strongly support the con- may have 5 legislative days in which to nations capture the opportunities and tinuation of the ATPA program. This revise and extend their remarks. meet the challenges of trade and program is crucial to this country and The SPEAKER pro tempore. Is there globalization, while at the same time, to Colombia, and we cannot subject objection to the request of the gen- and this is critical to emphasize, pro- such a strong ally to the injury of let- tleman from Michigan? viding significant benefits here in the ting the program expire on top of the There was no objection. United States. For example, ATPA has insult of our inability to act on that Mr. LEVIN. Madam Speaker, I yield helped develop an important market trade agreement. myself such time as I may consume. for U.S.-made textiles in the Andean Furthermore, this legislation extends This is really a vital bill. I bring it to region, while also helping those na- the bipartisan, bicameral 2009 Trade the floor in a bipartisan spirit to move tions in their efforts to fight trade in Adjustment Assistance law that is and to make sure that all of the impor- narcotics. Also, the majority of U.S. helping trade-affected workers, farm- tant pieces of this vital legislation, all imports, 75 percent using GSP, were ers, firms, and communities retool and of them, become law. This bill con- imports used to sustain U.S. manufac- compete in the 21st century. The 2009 tinues the essential trade adjustment turing, including raw materials, parts law provided a more flexible, cost-ef- assistance program that we expanded and components, machinery and equip- in 2009. Importantly, these reforms fective and accountable regime focus- were authored on a bipartisan, bi- ment. ing on retraining. It also recognized These programs have also, and again the important role of services in the cameral basis by Mr. RANGEL and my- I want to emphasize, have been shaped U.S. economy by bringing service self, Mr. CAMP, Senators BAUCUS and to encourage broad-based economic de- workers into the program. These im- GRASSLEY. So let me say just a few velopment, with eligibility criteria re- words about TAA. provements to the TAA program help Since the reforms were implemented garding worker rights—we have worked workers by getting them more quickly in 2009, more than 155,000 additional on the worker rights provisions over off government support and back into trade-impacted workers who might not the years—the rule of law, innovation good paying, private sector jobs. have been certified under the former and investment, and policies to fight Importantly, this legislation delays TAA program became eligible for TAA corruption. for a year and a half a controversial worker benefits and training opportu- Madam Speaker, there has long been, U.S. Labor Department final rule man- nities. More than 155,000. In total, more because of the strength of these pro- dating that the States use exclusively than 367,000 workers were certified as grams, bipartisan support for all of State employment service employees eligible for TAA support in that time- them. Each of them relates to U.S. to administer TAA-funded benefits and frame. jobs. Each of them relates to U.S. jobs, services. Unless this delay is enacted In 2010 alone, and I also want to em- and it is crucial that we act to con- now, 27 States will no longer be al- phasize this number, 227,882 workers tinue them today. lowed to use a mix of staff. I reserve the balance of my time. took advantage of TAA and partici- b 1800 pated in the program, receiving case Mr. CAMP. Madam Speaker, I yield management, training and/or income myself such time as I may consume, Similarly, without this delay, even support. You know, I wish in a way and then I will yield the balance of my the other States that elect to use only 227,882 people could come here and line time to the distinguished gentleman State ES staff would be adversely af- up from here. I’m not quite sure how from Texas (Mr. BRADY), the ranking fected because they could not make far the line would extend. It would be a member of the Trade Subcommittee. different staffing choices in the future. very long way. We have a solemn obli- Madam Speaker, the national unem- In today’s economy, it makes no sense gation to continue this expanded pro- ployment rate is 9.8 percent. The un- to require States to make costly gram. employment rate in my home State of changes to successful programs that This legislation also supports U.S. Michigan is 12.8 percent. America is are helping workers find new jobs. businesses that need inputs or compo- desperately in need of jobs, and Amer- This delay is also important because nents not produced here in the U.S. in ican workers need Congress to focus on it would help restore the 2009 bipar- order to manufacture, and I underline legislation that will help create jobs. tisan, bicameral compromise on this that, downstream products here in the This legislation is a solid step in that issue. In addition, this legislation re- United States of America. direction. I have often said that gov- moves barriers by lowering taxes on Miscellaneous tariff bills like this ernment can’t create jobs; it is the pri- imported inputs that enable value- one have been a part of U.S. policy for vate sector that creates jobs, and Con- added, American manufacturing and 27 years. But in recent years, we have gress can help the private sector by re- supports U.S. jobs, inputs that aren’t made the process more transparent moving barriers to job creation. otherwise available in the United than ever before, and if I might, I want This legislation lowers taxes and States. These provisions have been to pay tribute to all of those who have makes American manufacturers more fully vetted through a bipartisan and worked together here in the House and competitive so they can invest and cre- transparent process. Finally, this legis- in the Senate in terms of the trans- ate the jobs that American workers lation is fully paid for, which is crucial parency of this process. Based on these need now. Therefore, it fits squarely in this time of rapidly rising fiscal improvements, the Sunlight Founda- within the core principles of the Re- deficits. Madam Speaker, I am pleased tion has phrased the MTB as ‘‘trans- publican Party. Republicans support that this legislation accomplishes all parency done right.’’ lowering taxes, making American these goals and is a truly bipartisan The last MTB was signed into law in workers more competitive, liberalizing product. August after passing the House by a bi- trade, and letting the private sector I want to thank my colleague from partisan vote of 378–43. Taken together, thrive and create jobs. Michigan, Chairman LEVIN, for his according to one study, these two At the outset, this legislation ex- close cooperation in preparing this leg- MTBs are expected to increase U.S. tends our trade preference programs, islation and bringing it to the floor production by at least $4.6 billion over especially the Andean Trade Pref- today for a vote. 3 years and to support 90,000 U.S. man- erences Act. I would rather see Con- Madam Speaker, I hope the other ufacturing jobs. gress vote on our trade agreement with body takes up this legislation quickly

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.113 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8450 CONGRESSIONAL RECORD — HOUSE December 15, 2010 and passes it. Several of these impor- More competitive U.S. manufactur- and has unnecessarily distracted tant programs expire at the end of the ers means more jobs for American States from efficiently providing TAA year, and there is no time to waste. workers. America’s farmers will ben- services to trade-impacted workers. Further delay would be harmful to efit from this legislation as well, be- The bill delays the ill-advised Labor American workers. cause it will help hold down the cost of Department rule for the next year and I reserve the balance of my time. fertilizers and pesticides. More impor- a half, helping to ensure that the con- Mr. LEVIN. Madam Speaker, I now tantly, American families will benefit gressional intent behind the 2009 bipar- yield 3 minutes to the chair of the Sub- from this legislation. In fact, American tisan TAA law is respected and that committee on Trade, the gentleman families will see double benefits. Not each State may continue to decide how from Tennessee (Mr. TANNER). only will it help promote job creation, best to provide high-quality TAA serv- Mr. TANNER. Thank you, Chairman it will lower costs for consumers. At a ices to trade-impacted workers to get LEVIN, and I want to thank Mr. BRADY, time when so many families are strug- them retrained and back to work. who is the ranking member on the gling to get by, lower taxes on these Mr. Speaker, I commend Chairman Trade Subcommittee. products can help American families LEVIN and Ranking Member CAMP for The mentioning of the Trade Adjust- make ends meet. working so hard to bring this legisla- ment Provisions and the Generalized Expert analysis has demonstrated tion to the floor. This can be the first System of Trade Preferences are both how these provisions will support play out of a new bipartisan playbook important. I think they have been cov- American jobs. For example, the mis- that promotes trade as a means to ered by Mr. CAMP and Mr. LEVIN in cellaneous tariffs legislation could sup- grow the economy and create jobs. The their remarks. I want to talk just a port as many as 90,000 U.S. jobs. The playbook should also include seeking minute about what I consider to be one Preferences program has been found to congressional passage of the three of the most important features of this support 682,000 jobs and lower costs for pending trade agreements in the first bill with respect to American jobs, and consumers by $273 million. In today’s half of next year: a high-standard that is the miscellaneous tariff provi- difficult economic times, these are Trans-Pacific Partnership agreement sions contained in the bill. clearly policies the Congress should by the U.S.-hosted APEC leaders’ sum- These miscellaneous tariff provisions support. mit next November, an ambitious out- allow for U.S. companies to import Additionally, the extension of the come to the WTO Doha talks next year, items that cannot be obtained in this ATPA program will provide critical and other trade-opening initiatives. country to be used in the manufac- support for our strongest ally in South Mr. Speaker, I yield the balance of turing process, thereby making U.S. America, Colombia. Right now, Colom- my time to the gentleman from Cali- manufacturing concerns more competi- bia is suffering from terrible flooding fornia (Mr. HERGER) who has led the tive in the world market and in being and has declared a state of emergency. Trade Subcommittee in past years. able to increase employment in our This natural disaster has badly dam- The SPEAKER pro tempore. Without own country. This cannot be, I don’t aged the Colombian economy, and Co- objection, the gentleman from Cali- think, overstated or overestimated as lombians cannot afford even a tem- fornia will control the balance of the to its importance; although, it might porary lapse of this program. time. be a very small part of what we are I share the frustration of many of my There was no objection. trying to do in the whole area of trade. colleagues that Congress has not taken Mr. HERGER. Mr. Speaker, I reserve I hope that we can move forward— up the U.S.-Colombia trade agreement, the balance of my time. even though I won’t be here next year, which would remove barriers to Amer- Mr. LEVIN. It is now my privilege to I hope we can move forward on some ican sales to Colombia. America’s yield 3 minutes to the distinguished trade agreements that are pending. farmers and ranchers are already los- member of the Ways and Means Com- This is an exciting time. It is a time ing exports as other countries imple- mittee from the State of Washington for America to get back in the busi- ment trade agreements with Colombia (Mr. MCDERMOTT). ness, and this omnibus trade bill is a ahead of us and gain a competitive ad- (Mr. MCDERMOTT asked and was good start. vantage, and that’s why this agree- given permission to revise and extend I want to applaud Mr. LEVIN and ment has bipartisan support. his remarks.) committee staff and thank them for all I urge supporters on both sides of the Mr. MCDERMOTT. Mr. Speaker, I the help they have given to the Trade aisle to ensure that the ATPA program rise today in support of the Omnibus Subcommittee through the years. does not lapse so we can support our al- Trade Act of 2010. The SPEAKER pro tempore (Mr. lies in Colombia while we continue our Mr. Speaker, you know that when the ALTMIRE). Without objection, the gen- efforts to bring the trade agreement to AFL–CIO and the U.S. Chamber of tleman from Texas will control the the floor of Congress for a successful Commerce are energetically in favor of time. vote. the same bill, that’s a pretty good day There was no objection. Also, this legislation continues to au- and probably a pretty good thing to do. Mr. BRADY of Texas. Mr. Speaker, I thorize the 2009 law updating and ap- This bill helps U.S. businesses. It re- yield myself such time as I may con- proving the Trade Adjustment Assist- duces their costs with tariff reductions sume. ance program in various respects. Such on things they need that aren’t made I want to join others in thanking improvements included allowing better here in the United States. Each one of Chairman TANNER, chairman of the and more successful training options to these tariff reductions have been care- Trade Subcommittee, for his leadership trade-impacted workers and providing fully vetted. They have been on the and service to our country and our trade adjustment benefits to service Web site. Anybody can see them. It has economy through the years. He will be workers, given the importance of the been a very transparent process, and it missed. service sector in America’s economy. is good that we’re able to get it done Mr. Speaker, our economy is strug- The 2009 law also helps ensure TAA before we leave the Congress at this gling, and this Congress hasn’t done program accountability and results by time. enough to help promote the job cre- requiring data on the program’s per- It will create billions of dollars of ation we so desperately need. Congress formance and its worker outcome. This economic activity and help kick-start needs a new playbook, and this legisla- will enable us to measure how the pro- the creation of jobs. This bill also helps tion can be the first new play we run. gram is effective and where improve- struggling economies around the The bipartisan legislation extends the ments are needed. world—the Andes, the Caribbean, and Generalized System of Preferences and Significantly, this bill prevents the others—by keeping our trade programs the Andean Trade Preferences Act and U.S. Department of Labor from forcing in place and stable for the next 18 renews and establishes certain mis- Texas and 26 other States to use only months. cellaneous tariff reductions. In doing so-called State ‘‘merit’’ employees to so, this bill lowers taxes on the prod- provide Trade Adjustment Assistance- b 1810 ucts that American manufacturers funded services. This Federal mandate We can’t let these programs lapse. need to be more competitive. went against the wishes of Congress They are too important to Americans

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.114 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8451 and also to our good partners world- I urge support for this package For those who get unavoidably left wide with whom we want economic de- today. behind, providing them with the oppor- velopment, with whom we do better if Mr. LEVIN. Mr. Speaker, I yield the tunity to get support and retraining at they’re doing better, and these pro- balance of my time to the gentleman a place like Passaic County Commu- grams are helpful to them. To cut them from Washington (Mr. MCDERMOTT). nity College, in my district, in off is to leave them with no place to The SPEAKER pro tempore. Without Paterson, New Jersey, through the sell the goods they are making. In fact, objection, the gentleman from Wash- TAA Community College Grant pro- I would like a longer extension, and I ington will control the time. gram is the least we can do, Mr. Speak- really think there needs to be a trade There was no objection. er, for our workers who have been hard preference bill. Mr. MCDERMOTT. Mr. Speaker, I hit in the last 10 years. I hope, in the next Congress, Mr. yield 2 minutes to the gentleman from Mr. HERGER. Mr. Speaker, I reserve BRADY and others on the other side will New Jersey (Mr. PASCRELL). the balance of my time. bring that forward. We had hoped to Mr. PASCRELL. Mr. Speaker, I rise Mr. MCDERMOTT. Mr. Speaker, I get it done this time, but we didn’t get in strong support of H.R. 6517, the Om- yield 3 minutes to the gentleman from it done. We need to do it, and this is a nibus Trade Act of 2010. North Carolina (Mr. ETHERIDGE). good intermediate step. Shipping jobs overseas has become an (Mr. ETHERIDGE asked and was Finally, we are keeping our Trade industry unto itself. Jobs and people given permission to revise and extend Adjustment Assistance program in are displaced again and again. This is his remarks.) place and are continuing to improve on an attempt to try to respond to those it. This helps hundreds of thousands of workers who have lost jobs under the Mr. ETHERIDGE. I thank the gen- workers every year, as you have heard, guise of free trade. Our first line of de- tleman for yielding. who are negatively impacted by trade. fense is fair trade that doesn’t sacrifice I want to thank the chairman and 227,000 workers have benefited from the American workforce. ranking member of the committee for this in this year alone. They receive This is good bipartisan legislation. their work and the committee’s work educational benefits and help in mak- We haven’t had too much of it, so we in bringing the Omnibus Trade Act of ing the transition from an industry might not have noticed it. 2010 to the floor. that has disappeared to one that is now I am pleased that the committee was Mr. Speaker, this is an important expanding in the United States and able to work in a bipartisan fashion piece of legislation. It really is about will provide jobs. Our workers need to with the minority to extend these pro- jobs, as you have already heard. At a be mobile and retrained, and the Trade grams and provisions that help our time when the unemployment rate re- Adjustment Assistance helps get that workers and businesses compete in this mains unacceptably high and is really done. global economy. It is particularly crit- stubborn in a lot of places across this This bill costs almost nothing. It is ical that we reauthorize the reforms country, this bill will help create jobs fully paid for and will boost the econ- Congress made to the Trade Adjust- and retrain workers for new careers. omy. I urge all of my colleagues to ment Assistance program, or the TAA, We tend to forget that sometimes when vote for it. which was passed as part of the Recov- we think of people losing jobs, of the Mr. HERGER. Mr. Speaker, I yield long-term unemployed and the issues 1 ery Act in February of last year. 1 ⁄2 minutes to a member of the Ways As the chairman pointed out, these surrounding training for new opportu- and Means Committee and a member of reforms have been in place now for nities. the Trade Subcommittee, the gen- some time, and the program has helped In my home State of North Carolina, tleman from Washington (Mr. hundreds of thousands of workers; 5,000 the manufacturers and, really, the REICHERT). of those workers whose jobs were manufacturers across the country are Mr. REICHERT. I thank the gen- tleman for yielding. shipped overseas during this recession the ones which are going to really de- Mr. Speaker, I rise today in strong were in New Jersey. They received re- liver our economic growth and our na- support of this omnibus trade package. training, support for their incomes, tional recovery. This bill, as you have I, along with my friend and colleague and they were able to keep their health already heard, will really help in that from Washington State (Mr. care. We expanded the program’s eligi- regard. MCDERMOTT), urge all of my colleagues bility, including the service sector and First, it will help lower production to support it. more manufacturing jobs; we increased costs by leveling the playing field with I am particularly pleased that this training and health coverage benefits, our international competitors, which is bill extends trade preference programs. and we streamlined the program, mak- an important piece. You have heard Preferences are a powerful develop- ing it more flexible and efficient for how we do it. It is for those items they mental tool, and they can also be used workers to take advantage of. purchase that we don’t have in this to improve laws, environment and The SPEAKER pro tempore. The country. When we keep them from pay- labor standards, and intellectual prop- time of the gentleman has expired. ing tariffs, it means that they are more erty rights protections. Developing na- Mr. MCDERMOTT. I yield the gen- competitive. It means we have more tions, American workers, and busi- tleman 1 additional minute. workers working, and people can sub- nesses have benefited considerably Mr. PASCRELL. One of the most im- stitute unemployment checks for pay- when our preference program partner- portant reforms expands eligibility to checks. ships move to a permanent free trade all workers whose jobs have been As the former State Superintendent agreement. moved overseas, not just for those jobs of Public Schools in North Carolina, I One country that has graduated from that were lost to our free trade part- have always said that education is the preferences is South Korea. It con- ners. If we allow this provision to ex- key to the future. There is no better tinues to be among the leading export- pire, workers whose jobs have been way to create jobs than to have a well- ers to the United States. It is a great shipped to China or India could be in- educated citizenry and educated work- model of how a country can graduate eligible for TAA benefits. They will be force. I am pleased that this bill from the preference partnership to a out of luck. strongly supports job training and that free trade agreement that levels the All in all, the Department of Labor it supports our community colleges to playing field for American workers—a estimates that, thanks to these re- expand access to education for more free trade agreement that deserves forms, an additional 155,000 trade-im- trade-impacted workers. broad support and swift passage in the pacted workers were eligible for the next Congress. TAA program. In New Jersey, almost 90 As unemployment remains high, we percent of the workers who received b 1820 must continue to knock down trade TAA benefits were eligible because of While I strongly support this bill, I barriers for American goods and serv- the reforms that we passed in February wish it had included a reauthorization ices—‘‘sell American’’ to customers all of 2009. We must continue to fight for of the cotton trust fund, which would over the world—to protect and create those jobs. We must continue to keep have helped hundreds of workers in jobs here at home. American jobs here. North Carolina, and I call on the House

VerDate Mar 15 2010 06:08 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.116 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8452 CONGRESSIONAL RECORD — HOUSE December 15, 2010 and the Senate to reauthorize the cot- Mr. HERGER. Mr. Speaker, I yield more than 10,000 workers in New York alone ton trust fund as soon as possible. De- myself such time as I may consume. have been certified to receive TAA benefits, spite this omission, though, the Omni- Mr. Speaker, I rise today with re- and over 5,000 of these workers would not bus Trade Act of 2010 is a good, job-cre- newed hope that our Nation’s trade have received benefits had the extension not ating bill that will keep American agenda may soon move forward. This been in place. Across the country, TAA has workers competitive in this tough legislation includes an extension of helped more than 155,000 otherwise mis- economy we find ourselves in. trade preference programs, which is placed workers with the expansion since 2009. I urge my colleagues to join me in important, but is no substitute for Our vote today will extend the improve- supporting this legislation. I thank the passing our pending market-opening ments made until June, 2012. gentleman for yielding. agreements with Colombia, Panama, If we in Congress don’t take action and in- Mr. Speaker, this bill is about jobs: good and Korea. Mr. Speaker, if we hope to stead let these improvements expire, we jobs in American manufacturing, good jobs for remain the key player in the global abandon workers who have already suffered workers in export industries, and job training marketplace, we must do all we can to from our tilted trade policies. It is imperative for those negatively impacted by trade. It ad- strengthen our ties to important demo- that we pass this legislation to ensure that justs tariffs to ensure our manufacturing busi- cratic allies. Passage of these agree- America’s workforce is able to adjust to nesses can compete in the world markets, and ments will boost economic growth and changing economic environment and America supports fair trade for American companies. At create U.S. jobs by tearing down trade can remain competitive in the global market- a time when the unemployment rate remains barriers and significantly increasing place. H.R. 6517 also includes a technical fix unacceptably high, this bill creates jobs and our exports into these markets, while to ensure that the Wool Trust Fund is funded retrains workers for new careers. at the same time enhancing our na- at the level authorized in 2004 and 2008. This Manufacturing is a leading sector of the tional security by bringing greater sta- economy in my State of North Carolina and program provides payments to U.S. suit mak- bility to Asia and South America. will be important to the Nation’s economy as ers who have been left at a competitive dis- Take the U.S.-Colombia agreement, advantage due to an inverted tariff—where the a whole as we continue the recovery. for example. Colombia is the largest Throughout this Congress I have been proud duty on the finished product is lower than the market for U.S. agricultural exports in duty on the materials used to make the fin- to support measures that strengthen our man- South America, which makes it an im- ufacturing industry. In order to grow our econ- ished product. Without this fix, we are actually portant market for my agriculturally disincentivifzing suit makers to operate in the omy, we must have manufacturing jobs that rich northern California district. Yet, allow many Americans the chance to earn U.S. and that would be tragic for my district, we have seen our agriculture exports to good wages. By suspending or reducing du- which is home to Hickey-Freeman and 500 of Colombia decline by 65 percent over ties on over 290 products that are used as in- the best suit makers in the world. the last 2 years because our products puts or components in domestically manufac- The workers at Hickey-Freeman know from still face tariffs and other barriers, tured goods, this bill lowers production costs experience that over the past 2 years, revenue while agriculture products from Argen- for our manufacturers and helps to level the for this program shrank considerably, resulting tina and Brazil, two major competitors playing field with our international competitors. in cuts of up to 66 percent to payments made I am pleased that this bill provides assist- for America’s farmers and ranchers, re- to U.S. companies. H.R. 6517 closes the fund- ance and training to workers adversely af- ceived duty-free access to the Colom- ing shortfall ensuring that our domestic suit fected by trade. Trade Adjustment Assistance bian market. The reason for the dis- makers continue to manufacture in the U.S. provides training and associated income sup- parity is simple: Argentina and Brazil and that they are able to compete on a level port to individuals in need of new skills, mod- have implemented a trade agreement playing field. ernizing our work force and helping workers with Colombia, while our Nation has I strongly support this legislation because it find a place in today’s economy. Recognizing not. This trend, of U.S. producers los- protects many of the manufacturing jobs we the critical role that community colleges play, ing out to foreign competitors, will have now and provides funding to retrain the 2009 TAA reforms provided grants to edu- only get worse as the European Union American manufacturing workers for the jobs cational institutions to develop, offer and im- and Canada are moving towards imple- of tomorrow. prove education and career training for work- menting their own agreements with I encourage my colleagues to join me in ers eligible for TAA. H.R. 6517 expands this Colombia. supporting H.R. 6517. critical initiative and makes more workers eligi- Mr. Speaker, it is time for Congress Mr. HERGER. I yield back the bal- ble to participate. I have always believed edu- to recognize that continued inaction is ance of my time. cation is the key to economic prosperity. My suppressing job creation for Americans Mr. MCDERMOTT. I yield back the home State of North Carolina has seen many out of work and denying our producers balance of my time. economic challenges over the years, but it is new opportunities to export. Congress The SPEAKER pro tempore. The our solid commitment to education that has al- should pass our pending trade agree- question is on the motion offered by lowed our economy to adapt and attract new ments without further delays. the gentleman from Michigan (Mr. industries. As the former Superintendent of I urge the Congress and my col- LEVIN) that the House suspend the Public Schools, I’ve always said that education leagues to support this legislation. rules and pass the bill, H.R. 6517, as is the key to the future. There is no better way Ms. SLAUGHTER. Mr. Speaker, I rise today amended. to create jobs than education. in support of H.R. 6517, the Omnibus Trade The question was taken; and (two- While I strongly support this bill, I am dis- Act of 2010. This bill includes provisions that thirds being in the affirmative) the appointed that it reauthorizes the Wool Trust are critical to our manufacturing base: specifi- rules were suspended and the bill, as Fund, but not the Cotton Trust Fund. A reau- cally decreasing the cost of raw materials, ex- amended, was passed. thorization of the Cotton Trust Fund is impor- tending Trade Adjustment Assistance to work- A motion to reconsider was laid on tant to hundreds of workers in North Carolina, ers who have seen their jobs shipped over- the table. and would have enhanced the positive jobs seas, and making an important technical fix to impact of the bill. I hope that Congress will the Wool Trust Fund program. f Trade Adjustment Assistance is one of the continue to work to make this important grant REQUIRING REPORTS ON MANAGE- and tariff relief program to strengthen the U.S. most important lifelines for American workers who have lost their jobs due to international MENT OF ARLINGTON NATIONAL cotton industry. CEMETERY Despite this omission, the Omnibus Trade trade. The program helps train workers in new Act of 2010 is a good, job-creating bill that ex- fields, and helps bridge the gap in health in- Mr. FILNER. Mr. Speaker, I move to tends expiring trade provisions, helps dis- surance benefits for workers and their families. suspend the rules and pass the bill (S. placed workers acquire new skills in order to In 2009, Congress made significant improve- 3860) to require reports on the manage- compete in our global economy, and supports ments by expanding eligibility for service sec- ment of Arlington National Cemetery. U.S. manufacturing. I would like to thank tor workers, manufacturing and secondary The Clerk read the title of the bill. Chairman LEVIN for all of his hard work to workers, and by increasing training funding. The text of the bill is as follows: bring this bill to the floor. This legislation puts The expansion also increased the Workers S. 3860 Americans to work, and I hope that my col- Health Coverage Tax Credit subsidy to mini- Be it enacted by the Senate and House of Rep- leagues from both sides of the aisle will join mize gaps in health insurance coverage for resentatives of the United States of America in me in supporting it. workers and their families. Since the overhaul Congress assembled,

VerDate Mar 15 2010 06:18 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.118 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8453 SECTION 1. REPORTS ON MANAGEMENT OF AR- States Soldiers’ and Airmen’s Home Na- known and are a national tragedy. Ar- LINGTON NATIONAL CEMETERY. tional Cemetery to the Department of Vet- lington National Cemetery is our most (a) REPORT ON GRAVESITE DISCREPANCIES.— erans Affairs, and an assessment of the feasi- Not later than one year after the date of the hallowed ground, the final resting bility and advisability of the sharing of ju- place of many of our heroes. Every enactment of this Act, the Secretary of the risdiction of such facilities between the De- Army shall submit to the committees of partment of Defense and the Department of year, nearly 4 million people visit this Congress specified in subsection (c) a report Veterans Affairs. cemetery. Because of the importance of setting forth an accounting of the gravesites (3) SIMPLIFIED ACQUISITION THRESHOLD DE- Arlington to our national memory, the at Arlington National Cemetery, Virginia. FINED.—In this subsection, the term ‘‘sim- American people expect Arlington to The accounting shall— plified acquisition threshold’’ has the mean- be run reverently and meticulously, (1) specify whether gravesite locations at ing provided that term in section 4 of the Of- but as we all know now, this has not Arlington National Cemetery are correctly fice of Federal Procurement Policy Act (41 identified, labeled, and occupied; and been the case. U.S.C. 403). (2) set forth a plan of action, including the Following a yearlong series of inves- (c) SPECIFIED COMMITTEES OF CONGRESS.— resources required and a proposed schedule, tigative reports published on The committees of Congress specified in this to implement remedial actions to address de- Salon.com, the Army prompted an in- subsection are— ficiencies identified pursuant to the account- (1) the Committee on Armed Services, the vestigation regarding reports of un- ing. Committee on Homeland Security and Gov- marked, misidentified, or misplaced (b) GAO REVIEW OF MANAGEMENT AND ernmental Affairs, and the Committee on graves. The Army investigation identi- OVERSIGHT OF CONTRACTS.— fied a culture of inaction and inac- (1) IN GENERAL.—Not later than one year Veterans’ Affairs of the Senate; and after the date of the enactment of this Act, (2) the Committee on Armed Services, the tivity, a failure to act and a failure to the Comptroller General of the United States Committee on Oversight and Government come to grips with the problems at Ar- shall submit to the committees of Congress Reform, and the Committee on Veterans’ Af- lington. Unfortunately, these problems specified in subsection (c) a report on the fairs of the House of Representatives. have been going on for years. management and oversight of contracts at (d) REPORTS ON IMPLEMENTATION OF ARMY Recently, the Army opened a crimi- DIRECTIVE ON ARMY NATIONAL CEMETERIES Arlington National Cemetery. nal investigation after eight urns of (2) ELEMENTS.—The report required by PROGRAM.— (1) IN GENERAL.—The Secretary of the cremated remains were found in a paragraph (1) shall include the following: grave marked ‘‘unknown.’’ Army Sec- (A) The number, dollar amount, and dura- Army shall submit to the appropriate com- tion of current contracts at Arlington Na- mittees of Congress reports on execution of retary John McHugh has taken many tional Cemetery over the simplified acquisi- and compliance with Army Directive 2010–04 steps to correct the many failures at tion threshold. on Enhancing the Operations and Oversight Arlington, and we applaud his efforts. (B) The number, dollar amount, and dura- of the Army National Cemeteries Program, The Committee on Veterans’ Affairs tion of current contracts for automation of dated June 10, 2010. Each such report shall has worked closely with our colleagues burial operations at Arlington National include, for the preceding 270 days or year on the Armed Services Committee to (as applicable), a description and assessment Cemetery, including contracts relating to get answers and find a way forward. the Total Cemetery Management System of the following: (A) Execution of and compliance with I agree with our esteemed chairman (TCMS), the Geographic Information System of the House Armed Services Com- (GIS), the Interment Scheduling System every section of the Army Directive for Ar- (ISS), the Interment Management System lington National Cemetery, including, with- mittee, IKE SKELTON, who stated in a (IMS), and new or modified versions of the out limitation, an evaluation of the suffi- June hearing that, ‘‘We must be pre- Burial Operations Support System (BOSS) of ciency of all contract management and over- pared that a 100 percent survey of the the Department of Veterans Affairs. sight procedures, current and planned infor- cemetery and all of its operations, (C) An assessment of the management and mation and technology systems, applica- which I believe must now be under- oversight by the Executive Director of the tions, and contracts, current organizational taken, will yield a larger number of Army National Cemeteries Program of the structure and manpower, and compliance problems that must be addressed.’’ contracts covered by subparagraphs (A) and with and execution of all plans, reviews, A comprehensive survey may find (B), including the use of and actions taken studies, evaluations, and requirements speci- fied in the Army Directive. that the burial errors at Arlington may for that purpose by the Corps of Engineers number in the thousands, but in order and the National Capital Region Contracting (B) The adequacy of current practices at Center of the Army Contracting Command. Arlington National Cemetery to provide in- to provide a concrete solution to this (D) An assessment of the actions taken by formation, outreach, and support to families problem, we must first fully under- the Executive Director of the Army National of those individuals buried at Arlington Na- stand the scope. Cemeteries Program in response to the find- tional Cemetery regarding procedures to de- The Senate has acted, passing S. 3860 ings and recommendations of the Inspector tect and correct current errors in burials at on December 4 of this year. This meas- General of the Army in the report entitled Arlington National Cemetery. ure requires reports to Congress on the ‘‘Report of Investigation and Special Inspec- (2) PERIOD AND FREQUENCY OF SUBMITTAL.— management of Arlington National A report required by paragraph (1) shall be tion of Arlington National Cemetery Final Cemetery, including grave site discrep- Report (Case 10–04)’’, dated June 9, 2010. submitted not later than 270 days after the date of the enactment of this Act, and every ancies, the management and oversight (E) An assessment of the implementation of contracts, and the implementation of the following: year thereafter for the next 2 years. (i) Army Directive 2010–04 on Enhancing The SPEAKER pro tempore. Pursu- of recent Army directives. Passing S. the Operations and Oversight of the Army ant to the rule, the gentleman from 3860 is a first step but not the final an- swer. National Cemeteries Program, dated June 10, California (Mr. FILNER) and the gen- 2010, including, without limitation, an eval- In the waning days of this Congress, tleman from Indiana (Mr. BUYER) each uation of the sufficiency of all contract man- we have the opportunity to send to the will control 20 minutes. agement and oversight procedures, current President this important measure. We The Chair recognizes the gentleman and planned information and technology sys- will continue to work closely with our tems, applications, and contracts, current from California. colleagues in Armed Services, with the organizational structure and manpower, and GENERAL LEAVE administration, and with our Senate compliance with and execution of all plans, Mr. FILNER. Mr. Speaker, I ask colleagues in the months ahead to fix reviews, studies, evaluations, and require- unanimous consent that all Members ments specified in the Army Directive. what is wrong at Arlington and to en- (ii) The recommendations and actions pro- may have 5 legislative days in which to sure that the operation of this national posed by the Army National Cemeteries Ad- revise and extend their remarks and in- shrine honors the men and women who visory Commission with respect to Arlington clude extraneous material on this leg- lie at rest there. National Cemetery. islation. Mr. Speaker, I reserve the balance of (F) An assessment of the adequacy of cur- The SPEAKER pro tempore. Is there my time. rent practices at Arlington National Ceme- objection to the request of the gen- Mr. BUYER. Mr. Speaker, I yield my- tery to provide information, outreach, and tleman from California? self such time as I may consume. support to families of individuals buried at There was no objection. I rise in reluctant support of Senate Arlington National Cemetery regarding pro- Mr. FILNER. Mr. Speaker, I yield bill 3860, as amended, which would re- cedures to detect and correct current errors in burials at Arlington National Cemetery. myself such time as I may consume. quire reports on the management of (G) An assessment of the feasibility and Mr. Speaker, the systemic and long- Arlington National Cemetery. The rea- advisability of transferring jurisdiction of standing problems at Arlington Na- son I say reluctant support is the Vet- Arlington National Cemetery and the United tional Cemetery have become well- erans’ Affairs Committee itself, really

VerDate Mar 15 2010 06:18 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.043 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8454 CONGRESSIONAL RECORD — HOUSE December 15, 2010 we didn’t take up the issues on Arling- Cemetery to the VA National Cemetery the credit.’’ IKE SKELTON has personi- ton, and we allowed the Senate and the Administration, I want to offer my rec- fied this wonderful saying, working House Armed Services Committee to ommendation that Arlington National tirelessly for the good of our country. do their work, but the House Veterans’ Cemetery remain under the jurisdic- He has done more than he will ever get Affairs Committee, we did not do ours. tion of the United States Army. It is credit for, and this House will be a And so this is very unfortunate that hasty to assume that we should imme- poorer place without his presence. we’re proceeding with this bill in a diately just transfer the jurisdiction. It I reserve the balance of my time. lame duck session when we have not is very important for us to define what, Mr. BUYER. Mr. Speaker, yielding even held hearings ourselves on this in fact, are the challenges and what are myself such time as I may consume, I issue. So I cannot speak from first- the problems. It is so much like an do associate myself with the gentle- hand, other than my conversations American: We hear a problem, and we man’s comments regarding Chairman with the Secretary of the Army myself, want to run out and create a solution SKELTON IKE not only being a very dear but the committee did not hold hear- before we totally understand the scope friend, but I really appreciate him ings on this piece of legislation at all. of our challenge. So before we get the stepping forward with these hearings. Since the founding of Arlington in cart before the horse, let’s not run out With that, I yield 3 minutes to the June of 1864, the cemetery has been re- there and talk about, Let’s imme- gentleman from Virginia, Representa- vered as the ‘‘crown jewel’’ of the na- diately transfer. tive BOB GOODLATTE. tional cemetery system. It is the final Now I can assure you that when the Mr. GOODLATTE. I thank the gen- resting place of several American Department of Interior was not doing tleman for yielding. I thank the gen- Presidents, Supreme Court justices, their job, what I believe, correctly, I tleman from California for bringing and over 300,000 veterans and their fam- made a suggestion that we should this legislation forward, and I want to ilies. Like most Americans, I was deep- transfer those cemeteries from the De- take the opportunity to commend the ly disturbed and appalled by revela- partment of Interior to the VA. I don’t gentleman from Indiana for his leader- tions by the Department of Army In- have a problem. You can make that a ship on the Veterans’ Affairs Com- spector General’s report regarding the holder out there. You get people to do mittee for a number of years now and mismanagement and possible criminal what they believe are the right things for his service in the Congress. He behavior at Arlington. to do, and maybe that is what Senator came here at the same time I did, and I do want to praise Secretary of the MCCASKILL was attempting to do here. I very much appreciate the great con- Army John McHugh for his swift ac- So I have to respect her in setting a tributions he has made in those years. tion in response to this report, also for benchmark to do that, and maybe that I rise in support of this legislation his following up on the recommenda- is, in fact, what her goal here is, to which requires a detailed report to tions of Secretary Geren’s request for make sure that everybody does what Congress on the gravesite discrepancies the investigation. So, once again, I ex- they are supposed to do. at Arlington National Cemetery, in- tend my compliments to my good The VA does an excellent job of ad- cluding information concerning burial friend, the Secretary of the Army, ministering the National Cemetery Ad- operations and errors in burials. It is John McHugh. ministration. However, ANC imposes a sad that we are even having to consider comprehensive array of issues and such legislation today, but unfortu- b 1830 logistical arrangements that are com- nately, it has become very apparent Secretary McHugh has installed a pletely unique and separate from those that it is absolutely necessary. new management team that is reaching at the VA that they, in fact, handle. Recent news reports have revealed out to the National Cemetery Adminis- For example, in addition to coordi- multiple instances of misplaced human tration at the VA for their help in im- nating approximately 25 military fu- remains at Arlington National Ceme- plementing the needed changes to de- nerals per day, the Army’s duties at tery. These sickening stories are a na- fend Arlington’s reputation and ensure Arlington, including the responsibility tional disgrace. Our Nation’s veterans, that the cemetery operations are con- for the horse teams, for the caissons, in life and in death, deserve our utmost ducted in a way that honors our war- and guarding the Tomb of the Un- respect. They have engaged in one of riors who have given so much in the de- knowns, is truly unique. Certainly Ar- the noblest forms of public service, de- fense of our Nation. lington National Cemetery can benefit fending this Nation. It is their tireless No family should ever have to wonder by emulating VA practices that are ap- work that has made our country great, if their loved one is accounted for or plicable, and such information sharing strong, and most importantly, free. buried in a proper location. They is, in fact, underway. But ultimately, These men and women have helped to should assume that all has been done Arlington National Cemetery, under liberate victims of oppression, spread correctly. Our heroes and their families the jurisdiction of the United States democracy across the world, and pre- deserve the highest possible standards Army is where it should remain until serve the freedoms our Nation was with regard to burial honors, and this we can achieve some answers. built upon. Our fallen heroes deserve bill seeks to prove this assurance. I reserve the balance of my time. our honor, our respect, and our appre- This bill, as amended, requires sev- Mr. FILNER. I yield myself such ciation. This critical legislation will go eral reports on the new management time as I may consume. a long way in ensuring that it is always team’s progress to improve Arlington’s We had thought that the distin- the case. It is a final ‘‘thank you’’ on IT systems, the contracting practices, guished gentleman from Missouri, the behalf of a grateful Nation. organizational structure, and report on chairman of the Armed Services Com- Mr. Speaker, it is very important the feasibility of transferring the oper- mittee, Mr. IKE SKELTON, would be here that we get to the bottom of this mat- ation of Arlington from the Depart- this evening. He is not. But I would ter, we correct this problem as quickly ment of the Army to the VA’s National like to say that this House, of course, as possible and restore the respect that Cemetery Administration. While addi- honors his extraordinary service to his people need to have in such an impor- tional reports will be beneficial, I be- district, his State, the men and women tant facility which carries such his- lieve it is important to first allow the of our armed services, and most impor- toric significance and the sacred re- Army to complete its ongoing inves- tantly, of course, our Nation for 34 mains of great men and women who tigations of these same issues. Dif- years. It has been a great experience to have served our country. ferent studies on overlapping issues work with IKE SKELTON closely, as Mr. BUYER. I yield myself such time can provide unique insights; however, chairman of the Veterans’ Affairs Com- as I may consume. providing these simultaneous inves- mittee, and to work with him for those I thank the gentleman, Mr. BOB tigations, performed by different agen- who serve in active duty and those who GOODLATTE of Virginia, a classmate of cies, might also create unnecessary have served and are now veterans. mine, and I respect all he has been able hindrances to the ongoing studies. President Truman, who is a hero to to do on the Ag Committee. Also, with regard to the final provi- all of us and especially to IKE, stated I will yield now 3 minutes to another sions on the feasibility of transferring that, ‘‘It is amazing what you can ac- Virginian, Congressman ROBERT J. the operation of Arlington National complish if you do not care who gets WITTMAN.

VerDate Mar 15 2010 06:18 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.121 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8455 Mr. WITTMAN. Mr. Speaker, I rise I just heard the other day of a family ied, whether in the United States, today in strong support of S. 3860, a bill who was told that the remains of their abroad, except cemeteries administered that would ensure greater account- loved one were, indeed, known and that by the Secretary of the VA, it goes to ability for the operations at Arlington they were confirmed. Unfortunately, a the Veterans’ Affairs Committee. This National Cemetery. week later they were called and told has to be corrected. So, hopefully, I would first like to thank the gen- that that was not the case. We need to when you go into the next Congress, tleman from California, Chairman FIL- make sure we get this right, and we this rule gets corrected so that the NER, for his leadership on this issue and need to make sure we keep in mind the cemeteries that are under the jurisdic- bringing this bill to the floor to make effects on families who have loved ones tion of the United States Army, such sure that this issue is put out there in and our Nation’s heroes that are buried as the two, Old Soldiers Home and Ar- the forefront, and to the gentleman there. lington National Cemetery, that that from Indiana, Ranking Member BUYER, The families deserve timely and ac- legislation regarding that jurisdiction who has done the same, who is pas- curate information about the location rests with the Armed Services Com- sionate about making sure that we are of their loved ones, and I want to make mittee. The VA Committee, we have doing the right thing and making the sure that that happens and happens in oversight; but with regard to this, it’s right decisions. I think the ranking every case without ambiguity. a jurisdictional question, and it needs member points out some great things Arlington is the last resting place of to be corrected. we ought to remember, and that is, so many of our Nation’s heroes, those And that’s why you have two individ- let’s make sure we do a proper exam- service men and women who are called uals here managing a bill on the floor ination. Let’s not be hasty in reaching upon and gave the ultimate sacrifice to that really the House Armed Services judgments. Let’s make sure that we this country and, folks, they deserve Committee, Mr. Speaker, should also are thoughtful about this and make nothing less. be here. But I want all the Members to sure we are holding people accountable I urge my colleagues to support this know that’s why this is happening. and not too quickly getting to a point bill. I suppose, yes, we can all be very of transference but really getting at Mr. BUYER. Mr. Speaker, I yield my- upset with regard to the management the root of the problem. So I appreciate self such time as I may consume. and the markings of some of these the ranking member for his thoughtful- What I would like to comment on graves; but those of us who have had ness on that. now, Mr. Speaker, really deals with a the opportunity to go to Arlington and Mr. Speaker, these are our Nation’s problem in the House rules that I think see the job in which the Old Guard per- heroes who have fought and have died needs to be corrected as we go into the form, it is pretty extraordinary. I was to protect our country, and they de- next session of Congress. So with re- last there on Monday of Thanksgiving serve absolute dignity and honor. The gard to jurisdiction, lines of jurisdic- week. I joined Lieutenant General mishandling of remains and gravesites tion with regard to committees and John Kelly, his family and hundreds of at Arlington has demonstrated that how bills are assigned through the Par- his friends at the chapel at Fort Myer. there was a clear lack of account- liamentarian, at the direction of the We all left the chapel. We proceeded ability. After allegations of mis- Speaker, I sent a letter to the Speaker down the windy road, down the hill, led management surfaced in June, Army dated December 9, 2010. by the Army Band, a platoon of sol- Secretary John McHugh rightly came This Senate bill that came to us, it diers, horse-drawn caisson that carried forward to accept responsibility and appears that it invokes the jurisdiction the body of John’s youngest son, Lieu- immediately made changes to correct also of the House Armed Services Com- tenant Robert Kelly, killed in Afghani- the system. And I want to applaud the mittee. The Army personnel manage stan. Secretary for doing that. He has done and operate Arlington National Ceme- The wind was crisp. The sky was great work in making sure that this tery, and the cemetery is under the ju- blue. The oak and maple trees were issue gets addressed. I do believe that risdiction of the United States Army. clutching onto their red, yellow, gold this legislation is necessary, though, as So Chairman SKELTON properly moved and light-green leaves. Others were the next step to ensure accountability out and held his hearings in the House slowly drifting to the ground. The sun and to avoid these issues in the future. Armed Services Committee relative to shined brightly upon them all. b 1840 Arlington. So I can begin to under- Each grave marker properly and per- S. 3860 would require the Secretary of stand why the chairman of the Vet- fectly aligned in columns, in rows and the Army to submit a report to Con- erans’ Affairs Committee then allowed angles, each was offset by rich green gress accounting for all the gravesites the House Armed Services Committee grass signifying the etchings in our na- at Arlington Cemetery within 1 year. to proceed. tional book of remembrance. That’s my And folks, this is a significant effort. Then when the Senate conducts their firsthand account of having attended There are 320,000 of our heroes buried hearings, and they did so, the Senate the funeral of Lieutenant Robert Kelly at Arlington. There may be up to 6,600 Veterans’ Affairs Committee passed at his burial on Thanksgiving week. gravesites in question. We owe it to the their bill, and immediately they sent it That has been replicated since that families, we owe it to those service- to us in a lame duck session. Monday of Thanksgiving week, and it members to make sure that this issue Now, you say, why wouldn’t this bill has been no different than how the Old is addressed. also have either a joint referral or to Guard pays their honor and respect to This bill would require the Army to the Armed Services Committee, or why so many, and it goes back so far in submit plans to remedy any errors did it only go to the House Veterans’ time. found and make sure that those don’t Affairs Committee? That rich heritage is what causes happen again in the future. Well, you go to the House rules. So each one of us to rise when we get so Under the bill, the Comptroller Gen- even though I sent the letter to Madam concerned with regard to mismanage- eral would be required to report to Speaker PELOSI saying, please invoke ment of such a sacred ground. Congress on efforts to change the man- jurisdiction of the House Armed Serv- With that, I’m going to ask all Mem- agement and oversight structure at Ar- ices Committee, the response obviously bers to support the legislation. lington National Cemetery, including was ‘‘no’’ because here we now are on COMMITTEE ON VETERANS’ AFFAIRS, contract management. the House floor doing this bill by a HOUSE OF REPRESENTATIVES, I am pleased that the legislation re- committee who had never done hear- Washington, DC, December 9, 2010. quires an assessment of the adequacy ings on the bill. Hon. NANCY PELOSI, of current practices at Arlington, to The problem is in the House rules Speaker of the House, House of Representatives, provide information, outreach and sup- itself. When you turn to the House H232, The Capitol, Washington, DC. port to the families of individuals bur- rules, I think this has got to be an DEAR MADAM SPEAKER, in reviewing S. 3860, as amended, a bill to require reports on ied at the cemetery as errors are de- error in the drafting of these rules. the management of Arlington National Cem- tected and corrected. And we’ve seen Rule X, 2 cites that cemeteries under etery, it appears that the bill invokes au- some of those things happen here re- the United States in which veterans of thority under the jurisdiction of the House cently. any war or conflict are or may be bur- Committee on Armed Services.

VerDate Mar 15 2010 06:18 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.123 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8456 CONGRESSIONAL RECORD — HOUSE December 15, 2010 Army personnel manage and operate Ar- POST–9/11 VETERANS EDU- peal is expressed in terms of an amendment lington National Cemetery and the cemetery CATIONAL ASSISTANCE IM- to, or repeal of, a section or other provision, is under the jurisdiction of the United States PROVEMENTS ACT OF 2010 the reference shall be considered to be made Army. Accordingly, as the Ranking Member to a section or other provision of title 38, of the Committee of jurisdiction, I request Mr. FILNER. Mr. Speaker, I move to United States Code. that an additional referral be made to House suspend the rules and pass the bill (S. SEC. 3. STATUTORY PAY-AS-YOU-GO ACT COMPLI- Committee on Armed Services to provide for 3447) to amend title 38, United States ANCE. its full consideration of this bill. Code, to improve educational assist- The budgetary effects of this Act, for the It is important that the Committee on ance for veterans who served in the purpose of complying with the Statutory Armed Services be permitted to weigh in on Armed Forces after September 11, 2001, Pay-As-You-Go-Act of 2010, shall be deter- this legislation prior to further consider- and for other purposes. mined by reference to the latest statement ation, as that Committee has legislative and titled ‘‘Budgetary Effects of PAYGO Legisla- oversight jurisdiction over the Department The Clerk read the title of the bill. tion’’ for this Act, submitted for printing in of the Army, and held a hearing on manage- The text of the bill is as follows: the Congressional Record by the Chairman of ment issues at Arlington National Cemetery S. 3447 the Senate Budget Committee, provided that on June 30, 2010. Be it enacted by the Senate and House of Rep- such statement has been submitted prior to Thank you for your consideration of this resentatives of the United States of America in the vote on passage. matter. Congress assembled, TITLE I—POST-9/11 VETERANS Sincerely, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. EDUCATIONAL ASSISTANCE STEVE BUYER, (a) SHORT TITLE.—This Act may be cited as SEC. 101. MODIFICATION OF ENTITLEMENT TO Ranking Republican Member. the ‘‘Post-9/11 Veterans Educational Assist- EDUCATIONAL ASSISTANCE. Mr. RUSH. Mr. Speaker, I rise today in sup- ance Improvements Act of 2010’’. (a) MODIFICATION OF DEFINITIONS ON ELIGI- port of S. 3860, A bill to require reports on the (b) TABLE OF CONTENTS.—The table of con- BILITY FOR EDUCATIONAL ASSISTANCE.— management of Arlington National Cemetery. tents for this Act is as follows: (1) EXPANSION OF DEFINITION OF ACTIVE This bill requires reports from the Department Sec. 1. Short title; table of contents. DUTY TO INCLUDE SERVICE IN NATIONAL GUARD of the Army and the Government Account- Sec. 2. Reference to title 38, United States FOR CERTAIN PURPOSES.—Paragraph (1) of sec- ability Office that will help restore the Amer- Code. tion 3301 is amended by adding at the end the Sec. 3. Statutory Pay-As-You-Go Act com- ican people’s faith in Arlington National Ceme- following new subparagraph: pliance. ‘‘(C) In the case of a member of the Army tery and, from this point forward, ensures that TITLE I—POST-9/11 VETERANS National Guard of the United States or Air this sacred space continues to maintain the EDUCATIONAL ASSISTANCE National Guard of the United States, in addi- high level of service that is rightfully expected Sec. 101. Modification of entitlement to edu- tion to service described in subparagraph (B), by the families of our servicemembers, both cational assistance. full-time service— living and fallen. Sec. 102. Amounts of assistance for pro- ‘‘(i) in the National Guard of a State for Mr. Speaker, I have personally seen the grams of education leading to a the purpose of organizing, administering, re- pain and sorrow caused by cemetery errors. degree pursued at public, non- cruiting, instructing, or training the Na- As many of my colleagues are aware, Burr public, and foreign institutions tional Guard; or ‘‘(ii) in the National Guard under section Oak cemetery, in my district, faced a similar of higher learning. Sec. 103. Amounts of assistance for pro- 502(f) of title 32 when authorized by the situation like that which took place at Arling- grams of education leading to a President or the Secretary of Defense for the ton. degree pursued on active duty. purpose of responding to a national emer- I understand the sorrow created by this con- Sec. 104. Educational assistance for pro- gency declared by the President and sup- fusion. I have seen the anguish that family grams of education pursued on ported by Federal funds.’’. members suffered. It is something that I think half-time basis or less. (2) EXPANSION OF DEFINITION OF ARMY no family should have to endure—especially Sec. 105. Educational assistance for pro- ENTRY LEVEL AND SKILL TRAINING TO INCLUDE the family members and loved ones of those grams of education other than ONE STATION UNIT TRAINING.—Paragraph programs of education leading (2)(A) of such section is amended by insert- who have paid the ultimate sacrifice to our to a degree. ing ‘‘or One Station Unit Training’’ before country. Sec. 106. Determination of monthly housing the period at the end. It is for this reason, Mr. Speaker, that I stipend payments for academic (3) CLARIFICATION OF DEFINITION OF ENTRY strongly support this legislation and encourage years. LEVEL AND SKILL TRAINING FOR THE COAST my colleagues on both sides of the aisle to do Sec. 107. Availability of assistance for licen- GUARD.—Paragraph (2)(E) of such section is the same. sure and certification tests. amended by inserting ‘‘and Skill Training Mr. Speaker, I close with a reminder to my Sec. 108. National tests. (or so-called ‘A’ School)’’ before the period Sec. 109. Continuation of entitlement to ad- colleagues: the families of our fallen heroes at the end. ditional educational assistance (b) CLARIFICATION OF APPLICABILITY OF have given so much. At the very least, we for critical skills or specialty. HONORABLE SERVICE REQUIREMENT FOR CER- owe them the certainty that the gravesites Sec. 110. Transfer of unused education bene- TAIN DISCHARGES AND RELEASES FROM THE they visit at Arlington National Cemetery are, fits. ARMED FORCES AS BASIS FOR ENTITLEMENT TO indeed, the final resting place of their loved Sec. 111. Bar to duplication of certain edu- EDUCATIONAL ASSISTANCE.—Section 3311(c)(4) ones. cational assistance benefits. is amended in the matter preceding subpara- Mr. BUYER. Mr. Speaker, I yield Sec. 112. Technical amendments. graph (A) by striking ‘‘A discharge or release back the balance of my time. TITLE II—OTHER EDUCATIONAL from active duty in the Armed Forces’’ and Mr. FILNER. Mr. Speaker, I have no ASSISTANCE MATTERS inserting ‘‘A discharge or release from active Sec. 201. Extension of delimiting dates for duty in the Armed Forces after service on further requests for time, I urge unani- active duty in the Armed Forces character- mous support, and I yield back the bal- use of educational assistance by primary caregivers of seriously ized by the Secretary concerned as honorable ance of my time. injured veterans and members service’’. The SPEAKER pro tempore. The of the Armed Forces. (c) EXCLUSION FROM PERIOD OF SERVICE ON question is on the motion offered by Sec. 202. Limitations on receipt of edu- ACTIVE DUTY OF PERIODS OF SERVICE IN CON- the gentleman from California (Mr. cational assistance under Na- NECTION WITH ATTENDANCE AT COAST GUARD FILNER) that the House suspend the tional Call to Service and other ACADEMY.—Section 3311(d)(2) is amended by rules and pass the bill, S. 3860. programs of educational assist- inserting ‘‘or section 182 of title 14’’ before the period at the end. The question was taken. ance. Sec. 203. Approval of courses. (d) EFFECTIVE DATES.— The SPEAKER pro tempore. In the Sec. 204. Reporting fees. (1) SERVICE IN NATIONAL GUARD AS ACTIVE opinion of the Chair, two-thirds being Sec. 205. Election for receipt of alternate DUTY.—The amendment made by subsection in the affirmative, the ayes have it. subsistence allowance for cer- (a)(1) shall take effect on August 1, 2009, as if Mr. FILNER. Mr. Speaker, on that I tain veterans with service-con- included in the enactment of chapter 33 of demand the yeas and nays. nected disabilities undergoing title 38, United States Code, pursuant to the The yeas and nays were ordered. training and rehabilitation. Post-9/11 Veterans Educational Assistance The SPEAKER pro tempore. Pursu- Sec. 206. Modification of authority to make Act of 2008 (title V of Public Law 110–252). certain interval payments. However, no benefits otherwise payable by ant to clause 8 of rule XX and the SEC. 2. REFERENCE TO TITLE 38, UNITED STATES reason of such amendment for the period be- Chair’s prior announcement, further CODE. ginning on August 1, 2009, and ending on Sep- proceedings on this motion will be Except as otherwise expressly provided, tember 30, 2011, may be paid before October 1, postponed. whenever in this Act an amendment or re- 2011.

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(2) ONE STATION UNIT TRAINING.—The LEARNING ON MORE THAN HALF-TIME BASIS.— (B) by redesignating subparagraphs (A) and amendment made by subsection (a)(2) shall ’’. (B) as clauses (i) and (iii), respectively; take effect on the date of the enactment of (b) AMOUNTS OF MONTHLY STIPENDS.—Sec- (C) in the matter preceding clause (i), as this Act. tion 3313(c)(1)(B) is amended— redesignated by subparagraph (B) of this (3) ENTRY LEVEL AND SKILL TRAINING FOR (1) by redesignating clause (ii) as clause paragraph— THE COAST GUARD.—The amendment made by (iv); and (i) by striking ‘‘The amount’’ and inserting subsection (a)(3) shall take effect on the date (2) by striking clause (i) and inserting the ‘‘The amounts’’; and of the enactment of this Act, and shall apply following new clauses: (ii) by striking ‘‘is the lesser of—’’ and in- with respect to individuals entering service ‘‘(i) Except as provided in clauses (ii) and serting ‘‘are as follows: on or after that date. (iii), for each month an individual pursues a ‘‘(A) Subject to subparagraph (C), an (4) HONORABLE SERVICE REQUIREMENT.—The program of education on more than a half- amount equal to the lesser of—’’; amendment made by subsection (b) shall time basis, a monthly housing stipend equal (D) by striking clause (i), as so redesig- take effect on the date of the enactment of to the product of— nated, and inserting the following new this Act, and shall apply with respect to dis- ‘‘(I) the monthly amount of the basic al- clauses: charges and releases from the Armed Forces lowance for housing payable under section ‘‘(i) in the case of a program of education that occur on or after that date. 403 of title 37 for a member with dependents pursued at a public institution of higher (5) SERVICE IN CONNECTION WITH ATTEND- in pay grade E–5 residing in the military learning, the actual net cost for in-State tui- ANCE AT COAST GUARD ACADEMY.—The amend- housing area that encompasses all or the ma- tion and fees assessed by the institution for ment made by subsection (c) shall take ef- jority portion of the ZIP code area in which the program of education after the applica- fect on the date of the enactment of this Act, is located the institution of higher learning tion of— and shall apply with respect to individuals at which the individual is enrolled, multi- ‘‘(I) any waiver of, or reduction in, tuition entering into agreements on service in the plied by and fees; and Coast Guard on or after that date. ‘‘(II) the lesser of— ‘‘(II) any scholarship, or other Federal, State, institutional, or employer-based aid SEC. 102. AMOUNTS OF ASSISTANCE FOR PRO- ‘‘(aa) 1.0; or ‘‘(bb) the number of course hours borne by or assistance (other than loans and any funds GRAMS OF EDUCATION LEADING TO provided under section 401(b) of the Higher A DEGREE PURSUED AT PUBLIC, the individual in pursuit of the program of Education Act of 1965 (20 U.S.C. 1070a)) that NON-PUBLIC, AND FOREIGN INSTI- education, divided by the minimum number TUTIONS OF HIGHER LEARNING. of course hours required for full-time pursuit is provided directly to the institution and specifically designated for the sole purpose of the program of education, rounded to the (a) AMOUNTS OF EDUCATIONAL ASSIST- of defraying tuition and fees; nearest multiple of 10. ANCE.— ‘‘(ii) in the case of a program of education ‘‘(ii) In the case of an individual pursuing (1) IN GENERAL.—Section 3313(c) is amend- pursued at a non-public or foreign institu- a program of education at a foreign institu- ed— tion of higher learning, the lesser of— tion of higher learning on more than a half- (A) in the matter preceding paragraph (1), ‘‘(I) the actual net cost for tuition and fees time basis, for each month the individual by inserting ‘‘leading to a degree at an insti- assessed by the institution for the program pursues the program of education, a monthly tution of higher learning (as that term is de- of education after the application of— housing stipend equal to the product of— fined in section 3452(f))’’ after ‘‘program of ‘‘(aa) any waiver of, or reduction in, tui- ‘‘(I) the national average of the monthly education’’; and tion and fees; and amount of the basic allowance for housing (B) in paragraph (1), by striking subpara- ‘‘(bb) any scholarship, or other Federal, payable under section 403 of title 37 for a graph (A) and inserting the following new State, institutional, or employer-based aid member with dependents in pay grade E–5, subparagraph (A): or assistance (other than loans and any funds multiplied by ‘‘(A) An amount equal to the following: provided under section 401(b) of the Higher ‘‘(II) the lesser of— ‘‘(i) In the case of a program of education Education Act of 1965) that is provided di- ‘‘(aa) 1.0; or pursued at a public institution of higher rectly to the institution and specifically des- ‘‘(bb) the number of course hours borne by learning, the actual net cost for in-State tui- ignated for the sole purpose of defraying tui- the individual in pursuit of the program of tion and fees assessed by the institution for tion and fees; or education, divided by the minimum number the program of education after the applica- ‘‘(II) the amount equal to— of course hours required for full-time pursuit tion of— ‘‘(aa) for the academic year beginning on of the program of education, rounded to the ‘‘(I) any waiver of, or reduction in, tuition August 1, 2011, $17,500; or nearest multiple of 10. and fees; and ‘‘(bb) for an academic year beginning on ‘‘(iii) In the case of an individual pursuing ‘‘(II) any scholarship, or other Federal, any subsequent August 1, the amount for the a program of education solely through dis- State, institutional, or employer-based aid previous academic year beginning on August tance learning on more than a half-time or assistance (other than loans and any funds 1 under this subclause, as increased by the basis, a monthly housing stipend equal to 50 provided under section 401(b) of the Higher percentage increase equal to the most recent percent of the amount payable under clause Education Act of 1965 (20 U.S.C. 1070a)) that percentage increase determined under sec- (ii) if the individual were otherwise entitled is provided directly to the institution and tion 3015(h); or’’. to a monthly housing stipend under that specifically designated for the sole purpose (E) by adding at the end the following new clause for pursuit of the program of edu- of defraying tuition and fees. subparagraphs (B) and (C): cation.’’. ‘‘(ii) In the case of a program of education ‘‘(B) Subject to subparagraph (C), for the pursued at a non-public or foreign institu- (c) EFFECTIVE DATES.— first month of each quarter, semester, or tion of higher learning, the lesser of— (1) IN GENERAL.—Except as provided in term, as applicable, of the program of edu- ‘‘(I) the actual net cost for tuition and fees paragraph (2), the amendments made by this cation pursued by the individual, a lump sum assessed by the institution for the program section shall take effect on August 1, 2011, amount for books, supplies, equipment, and of education after the application of— and shall apply with respect to amounts pay- other educational costs with respect to such ‘‘(aa) any waiver of, or reduction in, tui- able for educational assistance for pursuit of quarter, semester, or term in the amount tion and fees; and programs of education on or after that date. equal to— ‘‘(bb) any scholarship, or other Federal, (2) STIPEND FOR DISTANCE LEARNING ON ‘‘(i) $1,000, multiplied by State, institutional, or employer-based aid MORE THAN HALF-TIME BASIS.—Clause (iii) of ‘‘(ii) the fraction of a complete academic or assistance (other than loans and any funds section 3313(c)(1)(B) of title 38, United States year under the program of education that provided under section 401(b) of the Higher Code (as added by subsection (b)(2) of this such quarter, semester, or term constitutes. Education Act of 1965) that is provided di- section), shall take effect on October 1, 2011, ‘‘(C) In the case of an individual entitled to rectly to the institution and specifically des- and shall apply with respect to amounts pay- educational assistance by reason of para- ignated for the sole purpose of defraying tui- able for educational assistance for pursuit of graphs (3) through (8) of section 3311(b), the tion and fees; or programs of education as covered by such amounts payable to the individual pursuant ‘‘(II) the amount equal to— clause on or after that date. to subparagraphs (A)(i), (A)(ii), and (B) shall ‘‘(aa) for the academic year beginning on SEC. 103. AMOUNTS OF ASSISTANCE FOR PRO- be the amounts otherwise determined pursu- August 1, 2011, $17,500; or GRAMS OF EDUCATION LEADING TO ant to such subparagraphs multiplied by the ‘‘(bb) for an academic year beginning on A DEGREE PURSUED ON ACTIVE same percentage applicable to the monthly any subsequent August 1, the amount for the DUTY. amounts payable to the individual under previous academic year beginning on August (a) IN GENERAL.—Section 3313(e) is amend- paragraphs (2) through (7) of subsection (c).’’. 1 under this subclause, as increased by the ed— (b) CONFORMING AMENDMENT.—The heading percentage increase equal to the most recent (1) in paragraphs (1), by inserting ‘‘leading of such section is amended to read as follows: percentage increase determined under sec- to a degree’’ after ‘‘approved program of edu- ‘‘PROGRAMS OF EDUCATION LEADING TO A DE- tion 3015(h).’’. cation’’; GREE PURSUED ON ACTIVE DUTY ON MORE (2) CONFORMING AMENDMENT.—The heading (2) in paragraph (2)— THAN HALF-TIME BASIS.—’’. of such section is amended to read as follows: (A) in the matter preceding subparagraph (c) EFFECTIVE DATES.— ‘‘PROGRAMS OF EDUCATION LEADING TO A DE- (A), by inserting ‘‘leading to a degree’’ after (1) IN GENERAL.—Except as provided in GREE PURSUED AT INSTITUTIONS OF HIGHER ‘‘program of education’’; paragraph (2), the amendments made by this

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section shall take effect on the date that is ‘‘(3) AMOUNT OF ASSISTANCE.—The amounts ‘‘(I) during the first six-month period of 60 days after the date of the enactment of of educational assistance payable under this the program, the monthly amount of the this Act, and shall apply with respect to chapter to an individual entitled to edu- basic allowance for housing payable under amounts payable for educational assistance cational assistance under this chapter who is section 403 of title 37 for a member with de- for pursuit of programs of education on or pursuing an approved program of education pendents in pay grade E–5 residing in the after such effective date. covered by this subsection are as follows: military housing area that encompasses all (2) LUMP SUM FOR BOOKS AND OTHER EDU- ‘‘(A) In the case of an individual enrolled or the majority portion of the ZIP code area CATIONAL COSTS.—Subparagraph (B) of sec- in a program of education (other than a pro- in which is located the employer at which tion 3313(e)(2) of title 38, United States Code gram described in subparagraphs (B) through the individual pursues such program; (as added by subsection (a)(2)(E) of this sec- (D)) in pursuit of a certificate or other non- ‘‘(II) during the second six-month period of tion), shall take effect on October 1, 2011, and college degree, the following: the program, 80 percent of the monthly shall apply with respect to amounts payable ‘‘(i) Subject to clause (iv), an amount equal amount of the basic allowance for housing for educational assistance for pursuit of pro- to the lesser of— payable as described in subclause (I); grams of education on or after that date. ‘‘(I) the actual net cost for in-State tuition ‘‘(III) during the third six-month period of SEC. 104. EDUCATIONAL ASSISTANCE FOR PRO- and fees assessed by the institution con- the program, 60 percent of the monthly GRAMS OF EDUCATION PURSUED ON cerned for the program of education after the amount of the basic allowance for housing HALF-TIME BASIS OR LESS. application of— payable as described in subclause (I); (a) CLARIFICATION OF AVAILABILITY OF AS- ‘‘(aa) any waiver of, or reduction in, tui- ‘‘(IV) during the fourth six-month period of SISTANCE.—Section 3313(f) is amended— tion and fees; and such program, 40 percent of the monthly (1) in paragraph (1), by inserting before the ‘‘(bb) any scholarship, or other Federal, amount of the basic allowance for housing period at the end the following: ‘‘whether a State, institutional, or employer-based aid payable as described in subclause (I); and program of education pursued on active or assistance (other than loans and any funds ‘‘(V) during any month after the first 24 duty, a program of education leading to a de- provided under section 401(b) of the Higher months of such program, 20 percent of the gree, or a program of education other than a Education Act of 1965 (20 U.S.C. 1070a)) that monthly amount of the basic allowance for program of education leading to a degree’’; is provided directly to the institution and housing payable as described in subclause (I). and specifically designated for the sole purpose ‘‘(ii) Subject to clauses (iii) and (iv), a (2) in paragraph (2), by inserting ‘‘covered of defraying tuition and fees; or monthly stipend in an amount equal to $83 by this subsection’’ after ‘‘program of edu- ‘‘(II) the amount equal to— for each month (or pro rata amount for each cation’’ in the matter preceding subpara- ‘‘(aa) for the academic year beginning on partial month) of training pursued for books graph (A). August 1, 2011, $17,500; or supplies, equipment, and other educational (b) AMOUNT OF ASSISTANCE.—Clause (i) of ‘‘(bb) for an academic year beginning on costs. paragraph (2)(A) of such section is amended any subsequent August 1, the amount for the ‘‘(iii) In the case of an individual entitled to read as follows: previous academic year beginning on August to educational assistance by reason of para- ‘‘(i) the actual net cost for in-State tuition 1 under this subclause, as increased by the graphs (3) through (8) of sections 3311(b), the and fees assessed by the institution of higher percentage increase equal to the most recent amounts payable pursuant to clauses (i) and learning for the program of education after percentage increase determined under sec- (ii) shall be the amounts otherwise deter- the application of— tion 3015(h). mined pursuant to such clauses multiplied ‘‘(I) any waiver of, or reduction in, tuition ‘‘(ii) Except in the case of an individual by the same percentage applicable to the and fees; and pursuing a program of education on a half- monthly amounts payable to the individual ‘‘(II) any scholarship, or other Federal, time or less basis and subject to clause (iv), under paragraphs (2) through (7) of sub- State, institutional, or employer-based aid a monthly housing stipend equal to the prod- section (c). or assistance (other than loans and any funds uct— ‘‘(iv) In any month in which an individual provided under section 401(b) of the Higher ‘‘(I) of— pursuing a program of education consisting Education Act of 1965 (20 U.S.C. 1070a)) that ‘‘(aa) in the case of an individual pursuing of a program of apprenticeship or other on- is provided directly to the institution and resident training, the monthly amount of job training fails to complete 120 hours of specifically designated for the sole purpose the basic allowance for housing payable training, the amount of monthly educational of defraying tuition and fees; or’’. under section 403 of title 37 for a member assistance allowance payable under clauses (c) EFFECTIVE DATE.—The amendments with dependents in pay grade E–5 residing in (i) and (iii) to the individual shall be limited made by this section shall take effect on Au- the military housing area that encompasses to the same proportion of the applicable rate gust 1, 2011, and shall apply with respect to all or the majority portion of the ZIP code determined under this subparagraph as the amounts payable for educational assistance area in which is located the institution at number of hours worked during such month, for pursuit of programs of education on or which the individual is enrolled; or rounded to the nearest eight hours, bears to after that date. ‘‘(bb) in the case of an individual pursuing 120 hours. a program of education through distance ‘‘(C) In the case of an individual enrolled in SEC. 105. EDUCATIONAL ASSISTANCE FOR PRO- GRAMS OF EDUCATION OTHER THAN learning, a monthly amount equal to 50 per- a program of education consisting of flight PROGRAMS OF EDUCATION LEADING cent of the amount payable under item (aa), training (regardless of the institution pro- TO A DEGREE. multiplied by viding such program of education), an (a) APPROVED PROGRAMS OF EDUCATION AT ‘‘(II) the lesser of— amount equal to— INSTITUTIONS OTHER THAN INSTITUTIONS OF ‘‘(aa) 1.0; or ‘‘(i) the lesser of— HIGHER LEARNING.—Subsection (b) of section ‘‘(bb) the number of course hours borne by ‘‘(I) the actual net cost for in-State tuition 3313 is amended by striking ‘‘is offered by an the individual in pursuit of the program of and fees assessed by the institution con- institution of higher learning (as that term education involved, divided by the minimum cerned for the program of education after the is defined in section 3452(f)) and’’. number of course hours required for full-time application of— (b) ASSISTANCE FOR PURSUIT OF PROGRAMS pursuit of such program of education, round- ‘‘(aa) any waiver of, or reduction in, tui- OF EDUCATION OTHER THAN PROGRAMS OF ed to the nearest multiple of 10. tion and fees; and EDUCATION LEADING TO A DEGREE.—Such sec- ‘‘(iii) Subject to clause (iv), a monthly sti- ‘‘(bb) any scholarship, or other Federal, tion is further amended— pend in an amount equal to $83 for each State, institutional, or employer-based aid (1) by striking subsection (h); month (or pro rata amount for a partial or assistance (other than loans and any funds (2) by redesignating subsection (g) as sub- month) of training pursued for books sup- provided under section 401(b) of the Higher section (h); and plies, equipment, and other educational Education Act of 1965) that is provided di- (3) by inserting after subsection (f) the fol- costs. rectly to the institution and specifically des- lowing new subsection (g): ‘‘(iv) In the case of an individual entitled ignated for the sole purpose of defraying tui- ‘‘(g) PROGRAMS OF EDUCATION OTHER THAN to educational assistance by reason of para- tion and fees; or PROGRAMS OF EDUCATION LEADING TO A DE- graphs (3) through (8) of section 3311(b), the ‘‘(II) the amount equal to— GREE.— amounts payable pursuant to clauses (i), (ii), ‘‘(aa) for the academic year beginning on ‘‘(1) IN GENERAL.—Educational assistance is and (iii) shall be the amounts otherwise de- August 1, 2011, $10,000; or payable under this chapter for pursuit of an termined pursuant to such clauses multi- ‘‘(bb) for an academic year beginning on approved program of education other than a plied by the same percentage applicable to any subsequent August 1, the amount for the program of education leading to a degree at the monthly amounts payable to the indi- previous academic year beginning on August an institution other than an institution of vidual under paragraphs (2) through (7) of 1 under this subclause, as increased by the higher learning (as that term is defined in subsection (c). percentage increase equal to the most recent section 3452(f)). ‘‘(B) In the case of an individual pursuing percentage increase determined under sec- ‘‘(2) PURSUIT ON HALF-TIME BASIS OR LESS.— a full-time program of apprenticeship or tion 3015(h), multiplied by— The payment of educational assistance under other on-job training, amounts as follows: ‘‘(ii) either— this chapter for pursuit of a program of edu- ‘‘(i) Subject to clauses (iii) and (iv), for ‘‘(I) in the case of an individual entitled to cation otherwise described in paragraph (1) each month the individual pursues the pro- educational assistance by reason of para- on a half-time basis or less is governed by gram of education, a monthly housing sti- graphs (1), (2), or (9) of section 3311(b), 100 subsection (f). pend equal to— percent; or

VerDate Mar 15 2010 06:18 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.049 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8459 ‘‘(II) in the case of an individual entitled to ‘‘(i) the amount so paid, divided by gust 1, 2011, and shall apply with respect to educational assistance by reason of para- ‘‘(ii) subject to subparagraph (B), the licensure and certification tests taken on or graphs (3) through (8) of section 3311(b), the amount equal to one-twelfth of the amount after that date. same percentage as would otherwise apply to applicable in the academic year in which the SEC. 108. NATIONAL TESTS. the monthly amounts payable to the indi- payment is made under paragraph (a) NATIONAL TESTS.— vidual under paragraphs (2) through (7) of (3)(A)(i)(II). (1) IN GENERAL.—Chapter 33 is amended by subsection (c). ‘‘(B) PRO RATA ADJUSTMENT BASED ON CER- inserting after section 3315 the following new ‘‘(D) In the case of an individual enrolled TAIN ELIGIBILITY.—If the amount otherwise section: in a program of education that is pursued ex- payable with respect to an individual under ‘‘§ 3315A. National tests clusively by correspondence (regardless of paragraph (3)(A)(i) is subject to a percentage ‘‘(a) IN GENERAL.—An individual entitled the institution providing such program of adjustment under paragraph (3)(A)(iv), the to educational assistance under this chapter education), an amount equal to— amount applicable with respect to the indi- shall also be entitled to educational assist- ‘‘(i) the lesser of— vidual under subparagraph (A)(ii) shall be ance for the following: ‘‘(I) the actual net cost for tuition and fees the amount otherwise determined pursuant ‘‘(1) A national test for admission to an in- assessed by the institution concerned for the to such subparagraph subject to a percentage stitution of higher learning as described in program of education after the application adjustment equal to the percentage adjust- the last sentence of section 3452(b). of— ment applicable with respect to the indi- ‘‘(2) A national test providing an oppor- ‘‘(aa) any waiver of, or reduction in, tui- vidual under paragraph (3)(A)(iv).’’. tunity for course credit at an institution of tion and fees; and (c) PAYMENT OF AMOUNTS TO EDUCATIONAL higher learning as so described. ‘‘(bb) any scholarship, or other Federal, INSTITUTIONS.—Subsection (h) of section 3313, ‘‘(b) AMOUNT.—The amount of educational State, institutional, or employer-based aid as redesignated by subsection (b)(2) of this assistance payable under this chapter for a or assistance (other than loans and any funds section, is amended by inserting ‘‘, and under test described in subsection (a) is the lesser provided under section 401(b) of the Higher subparagraphs (A)(i), (C), and (D) of sub- of— Education Act of 1965) that is provided di- section (g)(3),’’ after ‘‘(f)(2)(A)’’. ‘‘(1) the fee charged for the test; or rectly to the institution and specifically des- (d) EFFECTIVE DATE.—The amendments ‘‘(2) the amount of entitlement available to ignated for the sole purpose of defraying tui- made by this section shall take effect on Oc- the individual under this chapter at the time tion and fees. tober 1, 2011, and shall apply with respect to of payment for the test under this section. ‘‘(II) the amount equal to— amounts payable for educational assistance ‘‘(c) CHARGE AGAINST ENTITLEMENT.—The ‘‘(aa) for the academic year beginning on for pursuit of programs of education on or number of months of entitlement charged an August 1, 2011, $8,500; or after that date. individual under this chapter for a test de- ‘‘(bb) for an academic year beginning on SEC. 106. DETERMINATION OF MONTHLY HOUS- scribed in subsection (a) shall be determined any subsequent August 1, the amount for the ING STIPEND PAYMENTS FOR ACA- at the rate of one month (rounded to the previous academic year beginning on August DEMIC YEARS. nearest whole month) for each amount paid 1 under this subclause, as increased by the (a) IN GENERAL.—Section 3313, as amended that equals— percentage increase equal to the most recent by this Act, is further amended by adding at ‘‘(1) for the academic year beginning on percentage increase determined under sec- the end the following new subsection: August 1, 2011, $1,460; or tion 3015(h), multiplied by— ‘‘(i) DETERMINATION OF HOUSING STIPEND ‘‘(2) for an academic year beginning on any ‘‘(ii) either— PAYMENTS FOR ACADEMIC YEARS.—Any subsequent August 1, the amount for the pre- ‘‘(I) in the case of an individual entitled to monthly housing stipend payable under this vious academic year beginning on August 1 educational assistance by reason of para- section during the academic year beginning under this subsection, as increased by the graphs (1), (2), or (9) of section 3311(b), 100 on August 1 of a calendar year shall be deter- percentage increase equal to the most recent percent; or mined utilizing rates for basic allowances for percentage increase determined under sec- ‘‘(II) in the case of an individual entitled to housing payable under section 403 of title 37 tion 3015(h).’’. educational assistance by reason of para- in effect as of January 1 of such calendar (2) CLERICAL AMENDMENT.—The table of graphs (3) through (8) of section 3311(b), the year.’’. sections at the beginning of chapter 33 is same percentage as would otherwise apply to (b) EFFECTIVE DATE.—The amendment amended by inserting after the item relating the monthly amounts payable to the indi- made by subsection (a) shall take effect on to section 3315 the following new item: vidual under paragraphs (2) through (7) of August 1, 2011. ‘‘3315A. National tests.’’. subsection (c). SEC. 107. AVAILABILITY OF ASSISTANCE FOR LI- (b) EFFECTIVE DATE.—The amendments ‘‘(4) FREQUENCY OF PAYMENT.— CENSURE AND CERTIFICATION made by this section shall take effect on Au- ‘‘(A) QUARTER, SEMESTER, OR TERM PAY- TESTS. gust 1, 2011, and shall apply with respect to MENTS.—Payment of the amounts payable (a) AVAILABILITY OF ASSISTANCE FOR ADDI- national tests taken on or after that date. under paragraph (3)(A)(i) for pursuit of a pro- TIONAL TESTS.—Subsection (a) of section 3315 SEC. 109. CONTINUATION OF ENTITLEMENT TO gram of education shall be made for the en- is amended by striking ‘‘one licensing or cer- ADDITIONAL EDUCATIONAL ASSIST- tire quarter, semester, or term, as applica- tification test’’ and inserting ‘‘licensing or ANCE FOR CRITICAL SKILLS OR SPE- ble, of the program of education. certification tests’’. CIALTY. ‘‘(B) MONTHLY PAYMENTS.—Payment of the (b) CHARGE AGAINST ENTITLEMENT FOR RE- (a) IN GENERAL.—Section 3316 is amended— amounts payable under paragraphs (3)(A)(ii) CEIPT OF ASSISTANCE.— (1) by redesignating subsection (c) as sub- and (3)(B)(i) for pursuit of a program of edu- (1) IN GENERAL.—Subsection (c) of such sec- section (e); and cation shall be made on a monthly basis. tion is amended to read as follows: (2) by inserting after subsection (b) the fol- ‘‘(C) LUMP SUM PAYMENTS.— ‘‘(c) CHARGE AGAINST ENTITLEMENT.—The lowing new subsection (c): ‘‘(i) Payment for the amount payable charge against an individual’s entitlement ‘‘(c) CONTINUATION OF INCREASED EDU- under paragraphs (3)(A)(iii) and (3)(B)(ii) under this chapter for payment for a licens- CATIONAL ASSISTANCE.— shall be paid to the individual for the first ing or certification test shall be determined ‘‘(1) IN GENERAL.—An individual who made month of each quarter, semester, or term, as at the rate of one month (rounded to the an election to receive educational assistance applicable, of the program education pursued nearest whole month) for each amount paid under this chapter pursuant to section by the individual. that equals— 5003(c)(1)(A) of the Post-9/11 Veterans Edu- ‘‘(ii) Payment of the amount payable under ‘‘(1) for the academic year beginning on cational Assistance Act of 2008 (38 U.S.C. 3301 paragraph (3)(C) for pursuit of a program of August 1, 2011, $1,460; or note) and who, at the time of the election, education shall be made upon receipt of cer- ‘‘(2) for an academic year beginning on any was entitled to increased educational assist- tification for training completed by the indi- subsequent August 1, the amount for the pre- ance under section 3015(d) or section 16131(i) vidual and serviced by the training facility. vious academic year beginning on August 1 of title 10 shall remain entitled to increased ‘‘(D) QUARTERLY PAYMENTS.—Payment of under this subsection, as increased by the educational assistance in the utilization of the amounts payable under paragraph (3)(D) percentage increase equal to the most recent the individual’s entitlement to educational for pursuit of a program of education shall percentage increase determined under sec- assistance under this chapter. be made quarterly on a pro rata basis for the tion 3015(h).’’. ‘‘(2) RATE.—The monthly rate of increased lessons completed by the individual and (2) CONFORMING AMENDMENTS.—Subsection educational assistance payable to an indi- serviced by the institution. (b) of such section is amended— vidual under paragraph (1) shall be— ‘‘(5) CHARGE AGAINST ENTITLEMENT FOR CER- (A) in paragraph (1), by striking ‘‘or’’ at ‘‘(A) the rate of educational assistance oth- TIFICATE AND OTHER NON-COLLEGE DEGREE the end; erwise payable to the individual under sec- PROGRAMS.— (B) in paragraph (2), by striking the period tion 3015(d) or section 16131(i) of title 10, as ‘‘(A) IN GENERAL.—In the case of amounts and inserting ‘‘; or’’; and the case may be, had the individual not made paid under paragraph (3)(A)(i) for pursuit of (C) by adding at the end the following: the election described in paragraph (1), mul- a program of education, the charge against ‘‘(3) the amount of entitlement available to tiplied by entitlement to educational assistance under the individual under this chapter at the time ‘‘(B) the lesser of— this chapter of the individual for whom such of payment for the test under this section.’’. ‘‘(i) 1.0; or payment is made shall be one month for each (c) EFFECTIVE DATE.—The amendments ‘‘(ii) the number of course hours borne by of— made by this section shall take effect on Au- the individual in pursuit of the program of

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education involved divided by the minimum ‘‘(f) BAR TO RECEIPT OF COMPENSATION AND TITLE II—OTHER EDUCATIONAL number of course hours required for full-time PENSION AND MARINE GUNNERY SERGEANT ASSISTANCE MATTERS pursuit of the program of education, rounded JOHN DAVID FRY SCHOLARSHIP ASSISTANCE.— SEC. 201. EXTENSION OF DELIMITING DATES FOR to the nearest multiple of 10. The commencement of a program of edu- USE OF EDUCATIONAL ASSISTANCE ‘‘(3) FREQUENCY OF PAYMENT.—Payment of cation under section 3311(b)(9) shall be a bar BY PRIMARY CAREGIVERS OF SERI- the amounts payable under paragraph (1) OUSLY INJURED VETERANS AND to the following: during pursuit of a program of education MEMBERS OF THE ARMED FORCES. ‘‘(1) Subsequent payments of dependency shall be made on a monthly basis.’’. (a) ALL-VOLUNTEER FORCE EDUCATIONAL and indemnity compensation or pension (b) CLARIFICATION ON FUNDING OF IN- ASSISTANCE.—Subsection (d) of section 3031 based on the death of a parent to an eligible CREASED ASSISTANCE.— is amended to read as follows: person over the age of 18 years by reason of ‘‘(d)(1) In the case of an individual eligible (1) IN GENERAL.—Such section is further amended by inserting after subsection (c), as pursuing a course in an educational institu- for educational assistance under this chapter who is prevented from pursuing the individ- added by subsection (a)(2) of this section, the tion. ual’s chosen program of education before the following new subsection: ‘‘(2) Increased rates, or additional expiration of the 10-year period for the use of ‘‘(d) FUNDING.—Payments for increased amounts, of compensation, dependency and educational assistance under this section indemnity compensation, or pension because entitlement under this chapter otherwise ap- shall be made from the Department of De- of such a person, whether eligibility is based plicable under this section because of a phys- fense Education Benefits Fund under section upon the death of the parent.’’. ical or mental disability which is not the re- 2006 of title 10 or from appropriations avail- sult of the individual’s own willful mis- (c) BAR TO CONCURRENT RECEIPT OF TRANS- conduct, such 10-year period— able to the Department of Homeland Secu- FERRED EDUCATION BENEFITS.—Such section rity for that purpose, as applicable.’’. ‘‘(A) shall not run during the period the in- is further amended by adding at the end the dividual is so prevented from pursuing such (2) CONFORMING AMENDMENTS.—Section following new subsection: 2006(b) of title 10, United States Code, is program; and amended— ‘‘(g) BAR TO CONCURRENT RECEIPT OF ‘‘(B) shall again begin running on the first day after the individual’s recovery from such (A) in paragraph (1), by inserting ‘‘or 33’’ TRANSFERRED EDUCATION BENEFITS.—A disability on which it is reasonably feasible, after ‘‘chapter 30’’; and spouse or child who is entitled to edu- as determined under regulations prescribed (B) in paragraph (2), by adding at the end cational assistance under this chapter based by the Secretary, for the individual to ini- the following new subparagraph: on a transfer of entitlement from more than tiate or resume pursuit of a program of edu- ‘‘(E) The present value of any future bene- one individual under section 3319 may not re- cation with educational assistance under fits payable from the Fund for amounts at- ceive assistance based on transfers from this chapter. tributable to increased amounts of edu- more than one such individual concurrently, ‘‘(2)(A) Subject to subparagraph (B), in the cational assistance authorized by section but shall elect (in such form and manner as case of an individual eligible for educational 3316 of title 38.’’. the Secretary may prescribe) under which assistance under this chapter who is pre- (c) EFFECTIVE DATE.—The amendments vented from pursuing the individual’s chosen made by this section shall take effect on Au- source to utilize such assistance at any one time.’’. program of education before the expiration gust 1, 2011. of the 10-year period for the use of entitle- SEC. 110. TRANSFER OF UNUSED EDUCATION (d) BAR TO DUPLICATION OF ELIGIBILITY ment under this chapter otherwise applica- BENEFITS. BASED ON A SINGLE EVENT.—Such section is ble under this section by reason of acting as (a) AVAILABILITY OF TRANSFER AUTHORITY further amended by adding at the end the the primary provider of personal care serv- FOR MEMBERS OF PHS AND NOAA.—Section following new subsection: ices for a veteran or member of the Armed 3319 is amended— Forces under section 1720G(a) of this title, (1) by striking ‘‘Armed Forces’’ each place ‘‘(h) BAR TO DUPLICATION OF ELIGIBILITY such 10-year period— it appears (other than in subsection (a)) and BASED ON A SINGLE EVENT OR PERIOD OF ‘‘(i) shall not run during the period the in- inserting ‘‘uniformed services’’; and SERVICE.— dividual is so prevented from pursuing such (2) by striking subsection (k). ‘‘(1) ACTIVE-DUTY SERVICE.—An individual program; and (b) SCOPE AND EXERCISE OF AUTHORITY.— with qualifying service in the Armed Forces ‘‘(ii) shall again begin running on the first Subsection (a) of such section is amended— that establishes eligibility on the part of day after the date of the recovery of the vet- (1) by striking ‘‘Subject to the provisions such individual for educational assistance eran or member from the injury, or the date of this section,’’ and all that follows through under this chapter, chapter 30 or 32 of this on which the individual ceases to be the pri- ‘‘to permit’’ and inserting ‘‘(1) Subject to the title, and chapter 1606 or 1607 of title 10, shall mary provider of personal care services for provisions of this section, the Secretary con- elect (in such form and manner as the Sec- the veteran or member, whichever is earlier, cerned may permit’’; and retary may prescribe) under which authority on which it is reasonably feasible, as so de- (2) by adding at the end the following new such service is to be credited. termined, for the individual to initiate or re- paragraph: ‘‘(2) ELIGIBILITY FOR EDUCATIONAL ASSIST- sume pursuit of a program of education with ‘‘(2) The purpose of the authority in para- ANCE BASED ON PARENT’S SERVICE.—A child of educational assistance under this chapter. graph (1) is to promote recruitment and re- a member of the Armed Forces who, on or ‘‘(B) Subparagraph (A) shall not apply with tention in the uniformed services. The Sec- after September 11, 2001, dies in the line of respect to the period of an individual as a retary concerned may exercise the authority duty while serving on active duty, who is eli- primary provider of personal care services if for that purpose when authorized by the Sec- gible for educational assistance under either the period concludes with the revocation of retary of Defense in the national security in- section 3311(b)(9) or chapter 35 of this title the individual’s designation as such a pri- terests of the United States.’’. based on the parent’s death may not receive mary provider under section 1720G(a)(7)(D) of (c) EFFECTIVE DATE.—The amendments this title.’’. made by this section shall take effect on Au- such assistance under both this chapter and (b) CERTAIN TRANSFEREES OF POST-9/11 gust 1, 2011. chapter 35 of this title, but shall elect (in such form and manner as the Secretary may EDUCATIONAL ASSISTANCE.—Paragraph (5) of SEC. 111. BAR TO DUPLICATION OF CERTAIN section 3319(h) is amended to read as follows: EDUCATIONAL ASSISTANCE BENE- prescribe) under which chapter to receive ‘‘(5) LIMITATION ON AGE OF USE BY CHILD FITS. such assistance.’’. TRANSFEREES.— (a) BAR TO CONCURRENT RECEIPT OF TRANS- (e) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—A child to whom entitle- FERRED EDUCATION BENEFITS AND MARINE made by this section shall take effect on Au- ment is transferred under this section may GUNNERY SERGEANT JOHN DAVID FRY SCHOL- gust 1, 2011. use the benefits transferred without regard ARSHIP ASSISTANCE.—Section 3322 is amended by adding at the end the following new sub- SEC. 112. TECHNICAL AMENDMENTS. to the 15-year delimiting date specified in section: section 3321, but may not, except as provided (a) SECTION 3313.—Section 3313 is amend- ‘‘(e) BAR TO CONCURRENT RECEIPT OF in subparagraph (B), use any benefits so TRANSFERRED EDUCATION BENEFITS AND MA- ed— transferred after attaining the age of 26 RINE GUNNERY SERGEANT JOHN DAVID FRY (1) by striking ‘‘higher education’’ each years. SCHOLARSHIP ASSISTANCE.—An individual en- place it appears and inserting ‘‘higher learn- ‘‘(B) PRIMARY CAREGIVERS OF SERIOUSLY IN- titled to educational assistance under both ing’’; and JURED MEMBERS OF THE ARMED FORCES AND sections 3311(b)(9) and 3319 may not receive (2) in clause (iii) of subparagraph (A) of VETERANS.— assistance under both provisions concur- subsection (e)(2), as redesignated by section ‘‘(i) IN GENERAL.—Subject to clause (ii), in rently, but shall elect (in such form and 103(a)(2) of this Act, by adding a period at the case of a child who, before attaining the manner as the Secretary may prescribe) the end. age of 26 years, is prevented from pursuing a under which provision to receive educational (b) SECTION 3319.—Section 3319(b)(2) is chosen program of education by reason of assistance.’’. amended by striking ‘‘to section (k)’’ and in- acting as the primary provider of personal care services for a veteran or member of the (b) BAR TO RECEIPT OF COMPENSATION AND serting ‘‘to subsection (j)’’. PENSION AND MARINE GUNNERY SERGEANT Armed Forces under section 1720G(a), the JOHN DAVID FRY SCHOLARSHIP ASSISTANCE.— (c) SECTION 3323.—Section 3323(a) is amend- child may use the benefits beginning on the Such section is further amended by adding at ed by striking ‘‘section 3034(a)(1)’’ and insert- date specified in clause (iii) for a period the end the following new subsection: ing ‘‘sections 3034(a)(1) and 3680(c)’’. whose length is specified in clause (iv).

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‘‘(ii) INAPPLICABILITY FOR REVOCATION.— SEC. 202. LIMITATIONS ON RECEIPT OF EDU- fered by an educational institution’’ and in- Clause (i) shall not apply with respect to the CATIONAL ASSISTANCE UNDER NA- serting ‘‘The Secretary or a State approving period of an individual as a primary provider TIONAL CALL TO SERVICE AND agency may approve accredited programs of personal care services if the period con- OTHER PROGRAMS OF EDU- (including non-degree accredited programs) CATIONAL ASSISTANCE. cludes with the revocation of the individual’s offered by proprietary for-profit educational (a) BAR TO DUPLICATION OF EDUCATIONAL designation as such a primary provider under institutions’’. ASSISTANCE BENEFITS.—Section 3322(a) is section 1720G(a)(7)(D). (2) CONDITION OF APPROVAL.—Subsection (b) amended by inserting ‘‘or section 510’’ after ‘‘(iii) DATE FOR COMMENCEMENT OF USE.— of such section is amended— ‘‘or 1607’’. The date specified in this clause for the be- (A) in the matter preceding paragraph (1), (b) LIMITATION ON CONCURRENT RECEIPT OF ginning of the use of benefits by a child by inserting ‘‘the Secretary or’’ after ‘‘this EDUCATIONAL ASSISTANCE.—Section 3681(b)(2) under clause (i) is the later of— is amended by inserting ‘‘and section 510’’ section,’’; and ‘‘(I) the date on which the child ceases act- after ‘‘and 107’’. (B) is amended by inserting ‘‘the Secretary ing as the primary provider of personal care (c) EFFECTIVE DATE.—The amendments or’’ after ‘‘as prescribed by’’. services for the veteran or member con- made by this section shall take effect on Au- (d) DISAPPROVAL OF COURSES.—Section cerned as described in clause (i); gust 1, 2011. 3679(a) is amended by inserting ‘‘the Sec- ‘‘(II) the date on which it is reasonably fea- retary or’’ after ‘‘disapproved by’’ both SEC. 203. APPROVAL OF COURSES. sible, as determined under regulations pre- places it appears. (a) CONSTRUCTIVE APPROVAL OF CERTAIN scribed by the Secretary, for the child to ini- (e) EFFECTIVE DATE.—The amendments COURSES.— tiate or resume the use of benefits; or made by this section shall take effect on Au- (1) IN GENERAL.—Section 3672(b) is amend- ‘‘(III) the date on which the child attains gust 1, 2011. ed— the age of 26 years. SEC. 204. REPORTING FEES. (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ‘‘(iv) LENGTH OF USE.—The length of the pe- (a) INCREASE IN AMOUNT OF FEES.—Section (B) by adding at the end the following new riod specified in this clause for the use of 3684(c) is amended— paragraph: benefits by a child under clause (i) is the ‘‘(2)(A) Subject to sections 3675(b)(1) and (1) by striking ‘‘multiplying $7’’ and insert- length equal to the length of the period (b)(2), 3680A, 3684, and 3696 of this title, the ing ‘‘multiplying $12’’; and that— following programs are deemed to be ap- (2) by striking ‘‘or $11’’ and inserting ‘‘or ‘‘(I) begins on the date on which the child proved for purposes of this chapter: $15’’. begins acting as the primary provider of per- (b) USE OF FEES PAID.—Such section is fur- ‘‘(i) An accredited standard college degree sonal care services for the veteran or mem- ther amended by inserting after the fourth program offered at a public or not-for-profit ber concerned as described in clause (i); and sentence the following new sentence: ‘‘Any proprietary educational institution that is ‘‘(II) ends on the later of— reporting fee paid an educational institution accredited by an agency or association rec- ‘‘(aa) the date on which the child ceases or joint apprenticeship training committee ognized for that purpose by the Secretary of acting as the primary provider of personal after the date of the enactment of the Post- Education. care services for the veteran or member as 9/11 Veterans Educational Assistance Im- ‘‘(ii) A flight training course approved by described in clause (i); or provements Act of 2011 shall be utilized by the Federal Aviation Administration that is ‘‘(bb) the date on which it is reasonably such institution or committee solely for the offered by a certified pilot school that pos- feasible, as so determined, for the child to making of certifications required under this sesses a valid Federal Aviation Administra- initiate or resume the use of benefits.’’. chapter or chapter 31, 34, or 35 of this title or tion pilot school certificate. for otherwise supporting programs for vet- (c) SURVIVORS’ AND DEPENDENTS’ EDU- ‘‘(iii) An apprenticeship program reg- erans.’’. CATIONAL ASSISTANCE.—Subsection (c) of sec- istered with the Office of Apprenticeship (c) EFFECTIVE DATE.—The amendments tion 3512 is amended to read as follows: (OA) of the Employment Training Adminis- made by this section shall take effect on Oc- ‘‘(c)(1) Notwithstanding subsection (a) and tration of the Department of Labor or a tober 1, 2011. subject to paragraph (2), an eligible person State apprenticeship agency recognized by may be afforded educational assistance be- the Office of Apprenticeship pursuant to the SEC. 205. ELECTION FOR RECEIPT OF ALTER- yond the age limitation applicable to the NATE SUBSISTENCE ALLOWANCE Act of August 16, 1937 (popularly known as FOR CERTAIN VETERANS WITH person under such subsection if— the ‘National Apprenticeship Act’; 29 U.S.C. ‘‘(A) the person suspends pursuit of such SERVICE-CONNECTED DISABILITIES 50 et seq.). UNDERGOING TRAINING AND REHA- person’s program of education after having ‘‘(iv) A program leading to a secondary BILITATION. enrolled in such program within the time pe- school diploma offered by a secondary school (a) ELECTION AUTHORIZED.—Section 3108(b) riod applicable to such person under such approved in the State in which it is oper- is amended by adding at the end the fol- subsection; ating. lowing new paragraph: ‘‘(B) the person is unable to complete such ‘‘(B) A licensure test offered by a Federal, ‘‘(4) A veteran entitled to a subsistence al- program after the period of suspension and State, or local government is deemed to be lowance under this chapter and educational before attaining the age limitation applica- approved for purposes of this chapter.’’. assistance under chapter 33 of this title may ble to the person under such subsection; and (2) CONFORMING AMENDMENTS.— elect to receive payment from the Secretary ‘‘(C) the Secretary finds that the suspen- (A) Paragraph (3) of section 3034(d) is in lieu of an amount otherwise determined sion was due to either of the following: amended to read as follows: by the Secretary under this subsection in an ‘‘(i) The actions of the person as the pri- ‘‘(3) the flight school courses are approved amount equal to the applicable monthly mary provider of personal care services for a by the Federal Aviation Administration and amount of basic allowance for housing pay- veteran or member of the Armed Forces are offered by a certified pilot school that able under section 403 of title 37 for a mem- under section 1720G(a) of this title. possesses a valid Federal Aviation Adminis- ber with dependents in pay grade E–5 resid- ‘‘(ii) Conditions otherwise beyond the con- tration pilot school certificate.’’. ing in the military housing area that encom- trol of the person. (B) Section 3671(b)(2) is amended by strik- passes all or the majority portion of the ZIP ‘‘(2) Paragraph (1) shall not apply with re- ing ‘‘In the case’’ and inserting ‘‘Except as code area in which is located the institution spect to the period of an individual as a pri- otherwise provided in this chapter, in the providing rehabilitation program con- mary provider of personal care services if the case’’. cerned.’’. period concludes with the revocation of the (C) Section 3689(a)(1) is amended by insert- (b) EFFECTIVE DATE.—The amendment individual’s designation as such a primary ing after ‘‘unless’’ the following: ‘‘the test is made by this section shall take effect on Au- provider under section 1720G(a)(7)(D) of this deemed approved by section 3672(b)(2)(B) of gust 1, 2011. title. this title or’’. SEC. 206. MODIFICATION OF AUTHORITY TO ‘‘(3) Educational assistance may not be af- (b) USE OF STATE APPROVING AGENCIES FOR MAKE CERTAIN INTERVAL PAY- forded a person under paragraph (1) after the COMPLIANCE AND OVERSIGHT ACTIVITIES.— MENTS. earlier of— Section 3673 is amended by adding at the end (a) IN GENERAL.—The flush matter fol- ‘‘(A) the age limitation applicable to the the following new subsection: lowing clause (3)(B) of section 3680(a) is person under subsection (a), plus a period of ‘‘(d) USE OF STATE APPROVING AGENCIES amended by striking ‘‘of this subsection—’’ time equal to the period the person was re- FOR COMPLIANCE AND OVERSIGHT ACTIVI- and all that follows and inserting ‘‘of this quired to suspend pursuit of the person’s pro- TIES.—The Secretary may utilize the serv- subsection during periods when schools are gram of education as described in paragraph ices of a State approving agency for such temporarily closed under an established pol- (1); or compliance and oversight purposes as the icy based on an Executive order of the Presi- ‘‘(B) the date of the person’s thirty-first Secretary considers appropriate without re- dent or due to an emergency situation. How- birthday.’’. gard to whether the Secretary or the agency ever, the total number of weeks for which al- (d) EFFECTIVE DATE.—The amendments approved the courses offered in the State lowances may continue to be so payable in made by this section shall take effect on Au- concerned.’’. any 12-month period may not exceed 4 gust 1, 2011, and shall apply with respect to (c) APPROVAL OF ACCREDITED COURSES.— weeks.’’. preventions and suspension of pursuit of pro- (1) IN GENERAL.—Subsection (a)(1) of sec- (b) EFFECTIVE DATE.—The amendment grams of education that commence on or tion 3675 is amended by striking ‘‘A State ap- made by this section shall take effect on Au- after that date. proving agency may approve the courses of- gust 1, 2011.

VerDate Mar 15 2010 06:18 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.049 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8462 CONGRESSIONAL RECORD — HOUSE December 15, 2010 The SPEAKER pro tempore (Mrs. on the eligible programs of education Permit full-time National Guard members HALVORSON). Pursuant to the rule, the to include apprenticeship and on-the- on Title 32 orders to earn the benefit for gentleman from California (Mr. FIL- job training, in addition to flight train- their service; Open vocational, apprenticeship, OJT and NER) and the gentleman from Indiana ing and non-college degree programs of other job training—the Post-9/11 GI Bill is (Mr. BUYER) each will control 20 min- education. the only GI Bill program since WWII that ex- utes. Finally, this bill seeks to recognize cludes job training; The Chair recognizes the gentleman the family’s role of caring for an in- Simplify the payment system for public from California. jured veteran by extending the period college attendance and set a national base- GENERAL LEAVE that a family member can use his or line for private college enrollment; Mr. FILNER. Madam Speaker, I ask her education benefits. Providing more Permit USPHS and NOAA Corps service time for a caregiver to pursue their women and men to transfer their benefits to unanimous consent that all Members family members, if requested by their De- may have 5 legislative days in which to educational goals is the least we can do partment’s respective Secretaries with the revise and extend and include extra- for those who have taken on the re- approval of the Secretary of Defense; neous material on S. 3447. sponsibility to care for an injured loved Authorize a book stipend (up to $1000 annu- The SPEAKER pro tempore. Is there one. ally) for active duty participants; objection to the request of the gen- I would like to thank our Speaker, Establish a housing allowance for veterans tleman from California? Ms. PELOSI, for her leadership and dedi- enrolled in full-time online study; cation to America’s veterans. It is only Raise the cost-of-living stipend for wound- There was no objection. ed warriors eligible for Vocational Rehabili- fitting to note that enhancing veterans b 1850 tation and Employment benefits education benefits was a major focus The CBO has reported that the bill will Mr. FILNER. Madam Speaker, I yield when Democrats took control of the save $734 million over 10 years. More impor- myself such time as I may consume. House 4 years ago, and remains a final tantly, S. 3447 will help our veterans gain the I want to thank Senator AKAKA, priority here in the final hours of the skills and training they need to compete in chairman of the Senate Veterans’ Af- 111th Congress. Certainly, we look for- a very difficult economic climate. This legis- fairs Committee, for introducing this ward to continuing this advocacy in lation will reduce the need for future costly intervention programs for under- and unem- bill, also known as the Post-9/11 Vet- the next Congress. erans Educational Assistance Improve- ployed veterans, making it a wise invest- AMVETS ment for our country. ments Act of 2010. And I want to thank NATIONAL HEADQUARTERS, On behalf of our entire membership, I my colleague, Representative WALT Lanham, MD, December 14, 2010. would respectfully recommend your personal MINNICK of Idaho, for his advocacy on Hon. Chairman BOB FILNER, support for final passage this week of S. 3447. behalf of our Nation’s veterans and for Rayburn House Office Building, Thank you for your leadership and support introducing a similar bill in the House Washington, DC. for our nation’s uniformed servicemembers, DEAR CONGRESSMAN BOB FILNER: On behalf of Representatives. their families and our veterans. of AMVETS (American Veterans), I am writ- Sincerely, My colleagues may recall that we ing to express our support of S. 3447, the successfully passed the Post-9/11 Vet- NORBERT R. RYAN, Jr. ‘‘Post 9/11 Veterans Educational Assistance President. erans Educational Assistance Act of Improvement Act of 2010.’’ 2008 to help pay the full cost of tuition AMVETS believes this piece of legislation IRAQ AND AFGHANISTAN VETERANS at 4-year colleges for veterans who to play a vital role in correcting numerous OF AMERICA, served after September 11, 2001. This shortfalls of the current Post 9/11 GI Bill pro- Washington, DC, December 14, 2010. gram. AMVETS believes that this piece of new entitlement has provided thou- Hon. BOB FILNER, sands of veterans with funds to pay for legislation only stands to better the edu- Cannon House Office Building, cational opportunities afforded to all vet- Washington, DC. tuition and fees, a monthly housing al- erans, servicemembers, National Guard and lowance, and a $1,000 book stipend. Hon. STEVE BUYER, Reserve. Furthermore, AMVETS believes Cannon House Office Building, While this has proven to be a signifi- that this piece of legislation will provide, Washington, DC. cant step to improve existing edu- much overdue, clarity and understanding to DEAR CHAIRMAN FILNER AND RANKING MEM- cational benefits for our veterans, our veterans, servicemembers and the BER BUYER: Iraq and Afghanistan Veterans of much work remains to be done. schools seeking to offer them an education America (IAVA) offers our strong support for This bill is fully paid for, bipartisan, and the exact funds available to all of the S. 3447, commonly referred to as the New GI and seeks to rectify many of the ongo- parties involved. For these reasons, Bill 2.0. Our work on the New GI Bill is not AMVETS extends their support to S. 3447, done. The New GI Bill is a historic commit- ing technical concerns that were high- the ‘‘Post 9/11 Veterans Educational Assist- lighted after the passage of the Post-9/ ment to this generation of veterans that has ance Improvement Act of 2010.’’ enabled over 300,000 student veterans to at- 11 GI bill while expanding benefits to Sincerely, tend school. However, tens of thousands of veterans that were originally excluded CHRISTINA M. ROOF, young veterans are unable to take advantage from participating in this new benefit. National Deputy Legislative Director. of these new GI Bill benefits because con- Current law prohibits certain individ- fusing regulations and holes in the original uals in the Reserve and National Guard MILITARY OFFICERS ASSOCIATION legislation. To ensure every veteran has ac- from obtaining veterans education ben- OF AMERICA, cess to a first class future, IAVA rec- efits under the Post-9/11 bill. This legis- Alexandria, VA, December 14, 2010. ommends swift passage of S. 3447. Hon. BOB FILNER, lation seeks to address this inequity by New GI Bill 2.0 finishes the Post 9/11 GI Bill Chairman, House Committee on Veterans Af- and includes: allowing qualified individuals in our fairs, House of Representatives, Wash- Vocational Training: Invaluable job train- Reserve and National Guard to receive ington, DC. ing for students studying at vocational benefits under the Post-9/11 GI bill. The DEAR MR. CHAIRMAN: On behalf of the schools. legislation would also provide veterans 370,000 members of the Military Officers As- Title 32 AGR: Grant National Guardsmen with a housing stipend while taking sociation of America (MOAA), I am writing responding to national disasters full GI Bill courses strictly through long distance to urge your support for final passage of S. credit. learning, a key issue which many of us 3447, the Post-9/11 Veterans Educational As- Distance Learners: Provide living allow- sistance Improvements Act of 2010, as passed ances for veterans in distance learning pro- have spoken on. In addition to expand- by the Senate on 13 December. grams. ing the housing stipend, student vet- S. 3447 takes the best GI Bill Since World Tuition/Fees: Expand and simplify the Yel- erans will also have the ability to use War II to a new level of excellence, trans- low Ribbon Program. their educational benefits to pay for parency and efficiency for veterans, college Active Duty: Include a book stipend for ac- national tests, licensure, and certifi- administrators and the Department of Vet- tive duty students. cation tests. erans Affairs. The bill simplifies the complex New GI Bill 2.0 will help student veterans Furthermore, this bill would address and confusing payment system, reduces costs like Charles Conrad who returned home to a a major shortfall expressed by the vet- in key areas, eliminates glaring inequities, tough economy and enrolled in a vocational and enhances the opportunity for our vet- school to help prepare him for a meaningful erans’ community by those who would erans to successfully reintegrate in society career only to find out that his vocational prefer to attend a non-college degree after serving their nation. school was not covered by the new GI Bill program that would meet their profes- We are particularly pleased that top MOAA and SPC Weaver a Purple Heart recipient sional goals. This bill seeks to expand priorities in S. 3447 would: whose vertigo is so bad he can’t sit in a

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classroom for an entire period and therefore cational opportunities for National Guard STUDENT VETERANS OF AMERICA, does not qualify for a living allowance be- and Reserve members called to active duty, BOARD OF DIRECTORS, cause he has to take classes online. This leg- it would simplify the bill making it less December 14, 2010. islation will also help the tens of thousands complex, and expand the program to include Hon. CONGRESSMAN FILNER, Chairman, of National Guard troops who were activated on-the-job and vocational training oppor- Hon. CONGRESSMAN BUYER, Ranking Member, to clean up the oil spill in the Gulf and have tunity for veterans interested in developing House Veterans Affairs Committee, not received credit toward the GI Bill for Cannon House Office Building, a career in skilled trades. their service. CHAIRMAN FILNER, RANKING MEMBER We are proud to offer our assistance on NAUS urges speedy action to complement, BUYER, AND ESTEEMED MEMBERS: We at Stu- this vital piece of legislation. If we can be of upgrade and improve the historic action pre- dent Veterans of America strongly support help please feel free to contact Tim Embree. viously taken under your leadership to ap- the provisions of S. 3447, which was passed Sincerely, prove the Post-9/11 GI Bill. Our membership unanimously by the Senate last evening, on PAUL RIECKHOFF, endorses this legislation, and we urge your December 14th, 2010. This bill enjoys broad Executive Director. colleagues to support the course of action bipartisan support, corrects many of the de- you propose. For those men and women who ficiencies of the original Post 9/11 GI Bill, NATIONAL GUARD ASSOCIATION OF and even reduces the deficit by more than have honorably served in the Uniformed THE UNITED STATES, $700 million over ten years. It is rare that Services, it is the right thing to do. Washington, DC, December 14, 2010. this kind of opportunity comes along with Sincerely, Hon. ROBERT FILNER, overwhelming support from both parties and RICHARD A. JONES, House Committtee on Veterans’ Affairs, Chair- the vast majority, if not all, of the veteran Legislative Director. man, Cannon House Office Building, Wash- services organizations, and we respectfully ington, DC. request that you move to ensure its swift DEAR CHAIRMAN FILNER: NGAUS strongly THE AMERICAN LEGION, passage. supports the cost neutral S. 3447, The Post-9/ Washington, DC, December 14, 2010. This Bill will truly change the landscape of 11 Veterans Educational Assistance Improve- Hon. STEPHANIE HERSETH SANDLIN, veterans’ education, and is a fantastic fol- ments Act of 2010, which unanimously passed Cannon House Office Building, House of Rep- low-up to the Post 9/11 GI Bill that was the Senate on December 13, 2010. It is our un- resentatives, Washington, DC. passed into law two years ago. Since that derstanding that S. 3447 will be placed on the time we have seen great successes come from DEAR REPRESENTATIVE HERSETH SANDLIN: House suspension calendar this week in order its provisions, and yet we have also seen that it may be considered this session. On behalf of the 2.4 million members of The some veterans left out of its generous prom- When Congress hurriedly enacted the edu- American Legion, I am expressing our sup- ises. S. 3447 addresses almost all of these cational assistance for members of the port for S. 3447, the Post-9/11 Veterans Edu- concerns, and we are excited to be involved Armed Forces who serve after September 11, cational Assistance Improvements Act of in its movement to help all veterans, despite 2001, commonly known as the Post 9/11 GI 2010, legislation which expands and improves this difficult political climate. Bill, it mistakenly excluded Title 32 active upon the Post 9/11 G.I. Bill. Most impor- Among its many improvements, S. 3447 es- duty service from qualifying for benefits tantly, the new measure expands the Post 9/ tablishes a national average for private and under this program, and limited benefits for 11 G.I. Bill beyond covering college courses graduate school rates that will alleviate the vocational learning, on-the-job training, and by allowing veterans to use the more gen- most complex part of this program by giving distance learning that is so vital to geo- erous benefits of this program to cover voca- predictability to all veterans as to what graphically isolated members for the Na- tional and technical education at non-degree their benefit is worth regardless of where tional Guard. granting institutions. This will help more they are studying. Additionally, allowing the S. 3447 would fully credit all National Post 9/11 GI Bill to be used for vocational veterans get the skills they need to get back Guard Title 32 AGR duty and service under training and apprenticeships, including Title in the work force quickly and help get our Title 32 section 502(f) in response to a na- 32 National Guard service members, and pro- tional emergency declared by the President. economy back on track. viding a housing allowance to distance learn- The bill would also provide expanded bene- The act also expands eligibility for the new ers will finally close some of the largest fits for vocational learning, apprenticeships, G.I. Bill to certain members of the National issues with the program thus far, expanding on-the-job training, and provide a living al- Guard and Reserve forces activated under the eligibility and usage to its intended audi- lowance for full-time distance learners. Of Title 32 for domestic emergencies or home- ence: all Post 9/11 veterans. critical importance is the fact that the Con- land security missions, or who serve full- We are excited and proud to stand with you gressional Budget Office has rated the bill to time under the Active Guard and Reserve on this issue and we look forward to con- be cost neutral. tinuing to work with you to help our na- (AGR) program and who were inadvertently NGAUS strongly supports approval of a tion’s heroes achieve success in the class- left out of the original legislation passed in motion to suspend the rules for S. 3447 in the room and in their professional lives. Giving House to correct this inequity and properly June 2009. Last year, by Guard estimates, the student veterans the tools they need to excel credit our members of the National Guard oversight had denied more than 75,000 Army in their chosen careers will allow them to for their service to our country. The sooner Guard and 2,500 Air Guard members access to continue their exceptional contributions to this corrective legislation may be passed, the best veterans’ education benefit since our country. Please stand with us by passing the sooner our members and veterans will be World War II. In addition, the bill would pro- S. 3447. able to improve their skills in a difficult vide a living allowance for distance learners, Very Respectfully, economy. expand and simplify the existing Yellow Rib- JEREMY GLASSTETTER, Our men and women who bravely serve and bon program, reimburse student-veterans National President. have served our nation richly deserve the taking multiple certification tests and na- Mr. Speaker, I reserve the balance of recognition that S. 3447 would provide. tional exams, and allow active duty service my time. Thank you for this opportunity to express members and their spouses to receive a $1000 our support. Mr. BUYER. I yield myself such time per year book stipend, among other things. Sincerely, as I may consume. GUS HARGETT, The American Legion has a proud history I don’t know since when the GI bill Major General, (Ret), President. of advocating for veterans’ benefits, most no- all of a sudden became the greatest tably the contribution to writing and pass- hallmark of Democrats. It’s of both NATIONAL ASSOCIATION FOR ing the historic Servicemen’s Readjustment parties, Mr. Chairman. UNIFORMED SERVICES, Act of 1944, commonly known as the ‘‘G.I. I rise to express my concerns about Springfield, VA, December 14, 2010. Bill of Rights.’’ Harry W. Colmery, a former the way, once again, we are legislating Hon. BOB FILNER, National Commander of the American Le- outside of regular order, leaving un- Chairman, House Veterans’ Affairs Committee, gion, is credited with drafting the original done significant fixes needed to correct House of Representatives, Washington, DC. language that would become the G.I. Bill. S. DEAR MR. CHAIRMAN: The National Asso- known substantive and technical prob- 3447 will go far in ensuring that current vet- ciation for Uniformed Services (NAUS) lems with the bill. And this all goes strongly supports passage of S. 3447, the erans will be helped as much as the original back to the way the GI bill came to us. Post-9/11 Veterans Educational Assistance G.I. Bill helped the Greatest Generation in It came to us as a political instrument, Improvements Act. The bill brings critical shaping America. Once again, The American not properly even vetted through the Legion fully supports this legislation and we upgrades and welcome expansion of the ex- House. It came as a political instru- traordinary and historic Post 9/11 GI Bill. urge final passage of this bill before the close As approved in the Senate earlier this of the 111th Congress. ment in a highly Presidential election week, the Post-9/11 Veterans Educational As- Sincerely, time. sistance Improvements Act makes a number TIM TETZ, The House committee was doing its of modifications to the education assistance Director, work on modernizing the Montgomery legislation. Not only does it open edu- National Legislative Commission. GI bill. STEPHANIE HERSETH and JOHN

VerDate Mar 15 2010 07:28 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.068 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8464 CONGRESSIONAL RECORD — HOUSE December 15, 2010 BOOZMAN were doing yeoman’s work, So be careful getting out there and without regular order, the majority under the guidance of Chairman FIL- pounding your chest thinking that and the veterans service organizations NER, and they were doing everything you’ve done a lot of great things or who support this move don’t seem to that they were supposed to do to that that you’ve had all the input. We have have a problem with either of these bill. Sure enough, they took a bill that not. issues that will hurt some of America’s was drafted by one staffer who had not I am concerned about the policy veterans in the name of expediency and been properly vetted in the Senate and change in this bill that ends living sti- of the apparent need to score some sent that bill over to the House with- pend payments to veterans during peri- kind of point here in the lame duck. out even being vetted here by the ods of time between semesters. You I am surprised that the veterans House. And then Speaker PELOSI want- had better think about what you are service organizations have jumped on ed to do that, and it was all about, at about to vote on. This cut in veterans’ board in support of this bill despite the that time, jamming JOHN MCCAIN. benefits will hit veterans and their fact of its cuts of veterans benefits. I Now I voted for that when it came families hard, especially during the am quite certain they are very uncom- here to the House floor. The reason I holiday season, since many schools dis- fortable with me standing here on the did that is I wanted a seat at the table. miss for the winter break veterans who House floor talking about the veterans I wanted to be able to correct problems would receive their living stipend service organizations’ support of the with the bill. We cited 10 or 11 of the check during that period. I can’t think cut in veterans benefits. problems that we had with the bill, all of a worse idea than to cut a veteran In a press release on Tuesday, the of which were ignored. benefit during the Christmas and holi- commander of the American Legion, So what happened? All these inequi- day season. All Americans know that Jimmie Foster, stated: ‘‘This is great ties, all these poor drafting errors, the the month of December is already a news. This bill rectifies the inequities challenge that the administration even strain on their pocketbook, and to and shortcomings of the well-inten- had with regard to the implementation have your paycheck cut during a dev- tioned but incomplete Post-9/11 GI Bill of the legislation. Oh, once again we’ll astating time period is pretty tough. and makes it whole.’’ just do something quickly, with expedi- My second policy concern deals with It does not. We create even more in- ency, bypass the House process, ignore the national cap on tuition and fees. equities and make the matter even regular order, dump it on the adminis- Current law allows the VA to pay up to worse. tration, and then force them to fix it. the maximum in-state tuition and fees In testimony in July before the Sen- And then, if they don’t do things ac- for each veteran enrolled in an institu- ate Committee on Veterans’ Affairs, cording to the timeline for which we tion of higher learning. This means the Iraq and Afghanistan Veterans of foresee, then we’ll just beat ’em up. that each State has a different max- America stated: ‘‘The discussion draft This is like the worst way to legislate. imum amount of tuition and fees that of Senate 3447 will improve the new GI If you want to do proper governing, the VA is required to pay. While the re- Bill and ensure that all student vet- you don’t worry about winning and los- vised benefit of up to $17,500 a year will erans have access to the most generous ing and who’s getting credit, whether a be a windfall for most veterans, there investment in veterans education since Democrat is getting credit or a Repub- are veterans in several States, includ- World War II.’’ lican is getting credit. You don’t think ing Texas, New York, and New Hamp- At the same hearing, the Veterans of about winning and losing. Good govern- shire that will see their tuition and Foreign Wars stated: ‘‘Senator AKAKA, ment is about the collective ideas of all fees payments reduced. Veterans in your legislation addresses every area of people of this House. these States will be forced to pay for concern the VFW has with improving So, once again, what are we doing? this reduction from other sources or the Post-9/11 GI Bill. We cannot say Here comes a bill, once again, coming from their own pocket. enough about the noble intent driving For example, a veteran who is a jun- from the Senate to us on issues that we this legislation.’’ ior studying at Baylor University in haven’t even had a chance to pore Madam Speaker, I guess we have a Texas currently receives roughly through. Oh, let’s come to the floor. few questions for the veterans who are $26,000 in tuition and fee payments per Let’s cheerlead. Let’s embrace. And members of these veterans service or- year. Under this bill, that veteran you’re doing it, once again, in a lame ganizations. Number one, are your Rep- would receive only $17,500 in tuition duck session. resentatives in Washington really and fee payments for a difference of Then-Speaker Dennis Hastert, in standing up for you when they endorse $8,500 per year; or, $34,000 over a 4-year 2006, when Democrats took over the a bill that cuts your living stipend dur- time period will be cut from their ben- House, what did Dennis Hastert do? He ing the holidays? efit. held a conference and he told Repub- Please understand what this does. licans: Respect the will of the Amer- b 1900 When an individual finishes their fall ican people. We will not legislate our This bill should have included a pro- semester and before they start their agenda in a lame duck. vision to grandfather the current stu- spring semester, their benefits are cut. What are you doing? You’re ignoring dents in these high-cost States so they At some schools they might be out 5 the will of the American people and are not required to make up the dif- weeks, or 3 weeks, or 4 weeks. We are trying to jam everything imaginable ference in tuition, but the Members of going to cut their stipend during that that you can before you, quote, lose the House Committee on Veterans’ Af- break between semesters. power. So let’s do gays in the military fairs did not get that change, or any The other question is, are they really and let’s jam everything imaginable other change, for that matter. By re- representing the view of a veteran you can. Let’s do this. You’re creating moving these interval payments and when they endorse legislation that cuts even more inequities in this bill than excluding a grandfather clause, the tuition payments for some veterans by you think that you’re correcting. drafters of this bill were able to pay for thousands of dollars while trying to In order to understand my concerns: their other enhancements of the bill. benefit a veteran in some other place? Originally the bill cost nearly $80 bil- However, these enhancements are While I am retiring here at the end of lion and was not paid for. We could be being done at the expense of some vet- this Congress, I am sure that Members headed for a similar situation by pass- erans to the benefit of other veterans. of the new majority will want to hold ing this bill today without going It is one of those things which we are hearings on the shortcomings in the through regular order. always cautious about, cutting one vet- Post-9/11 GI Bill and look for ways to I received a long list of technical eran’s benefit to the benefit of some improve the bill early in the next Con- changes from the VA that would have other veteran. If you went out and sur- gress. That way we can further con- facilitated successful implementation. veyed the average student veteran, I sider the VA’s and the committee’s Unfortunately, the majority continues believe they would oppose improving concerns, avoid unintended con- to block my efforts for these changes. their own benefit at the expense of one sequences, and do so in a bipartisan In the end, the House once again will of their comrades. manner, and, most importantly, using have no say in a major piece of legisla- What is even more disturbing to me regular order and making sure every- tion expanding veterans’ benefits. is that by rushing this bill through one participates in the process. That is

VerDate Mar 15 2010 06:18 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.128 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8465 the best way for us to govern a coun- I would also like to thank Veterans Affairs I also want to thank Economic Opportunity try. Committee Chairman FILNER, as well as Rank- Subcommittee Ranking Member JOHN With that, I reserve the balance of ing Member BUYER, for their leadership BOOZMAN for his leadership and effort in con- my time. throughout the 110th and 111th Congresses ducting proper oversight of the Post-9/11 G.I. Mr. FILNER. Madam Speaker, I yield on this topic in helping ensure that our Na- Bill and helping to improve it. I am very proud such time as he may consume to the tion’s veterans have access to the educational of the bipartisan way that Representative gentleman from Iowa (Mr. LOEBSACK), benefits they deserve and have earned. BOOZMAN and I approached Economic Oppor- who has been a great leader on vet- One of the most significant accomplish- tunity issues and this topic was no exception. erans issues. ments of the 110th Congress was the passage I wish him the best of luck in his work in the Mr. LOEBSACK. I thank Chairman of the Post-9/11 G.I. Bill. That legislation of- Senate on behalf of veterans and the State of FILNER, and I want to thank Democrats fered the first update and improvement of the Arkansas. and Republicans alike who have Montgomery G.I. Bill in over a generation, and Again, I urge all my colleagues, on both worked on this bill and folks in the set the Department of Veterans Affairs on the sides of the aisle, to support this important Senate who have worked on this bill as path toward providing today’s veterans the legislation. well, both Democrats and Republicans. educational benefits that befit their service and Mr. FALEOMAVAEGA. Mr. Speaker, I rise Mr. Speaker, the Post-9/11 GI Bill is sacrifice. today in strong support of S. 3447, the Post- an expression of our Nation’s gratitude Today, by passing S. 3447, this House can 9/11 Veterans Educational Assistance Im- to those who have served our country take another significant step on the ongoing provements Act of 2010. since the 9/11 attacks. journey to provide veterans with those im- First I want to thank the Chairman of the As a former college professor, I know proved educational benefits. Senate Committee on Veterans’ Affairs, and firsthand the impact a post-secondary During the 111th Congress, I have had the my very good friend, Senator DANIEL AKAKA, education can have. It opens doors and honor to serve our Nation’s veterans as Chair- for his leadership and for continuing to look it broadens opportunities, and it is man of the Economic Opportunity Sub- out for the needs of our veterans. I also want critical to the strength of our military committee. As part of my work as chairman, to thank the gentleman from Idaho, Mr. WAL- and the future of our economy. our subcommittee held six hearings on various TER MINNICK, for his work on this important I have had the honor to meet many aspects of the Post-9/11 G.I. Bill program. We members of the Iowa National Guard. I issue. addressed the VA’s long-term strategy to im- The bill, S. 3447, embodies Congress’ re- have seen them respond to the floods plement the benefit and investigated the rea- that hit my district in 2008, and I have sponsibility to those that have served and sons behind some of the processing delays fought in defense of this great Nation. Since visited them in Iraq and Afghanistan. that plagued the program when the VA first The dual role of the National Guard in the Serviceman’s Readjustment Act of 1944, began paying benefits in August of 2009. In or the original GI Bill, Congress has continued our homeland and national security is addition, our Subcommittee held an education unique, and it has only increased since to provide assistance through a myriad of pro- roundtable and several legislative hearings on grams designed to meet the many critical the 9/11 attacks. bills that sought to improve or expand the The National Guard is no longer a needs of our veterans. And service members. Post-9/11 G.I. Bill program. strategic reserve. It is an operational These programs include the construction of During these many hearings, it became additional hospitals; extending educational as- one. These soldiers and airmen secure clear that, while the version of the Post-9/11 our airspace, respond to disasters, pro- sistance to disabled and non-disabled vet- G.I. Bill program the House passed in the tect our borders, and deploy to Iraq erans; providing access to loans for home, 110th Congress was a positive step, there and Afghanistan. Yet the Post-9/11 GI business, and farm; job counseling and place- were also logical, commonsense, bipartisan Bill did not recognize this dual role. It ment services and unemployment benefits. improvements to be made to the benefit that counts only service overseas and over- The bill before us today, S. 3447, under- would allow veterans greater flexibility and looked the role the National Guard scores this continued responsibility. It will better meet their needs. plays in federally funded homeland se- make several improvements to the existing S. 3447 contains many of those needed im- Post-9/11 Veterans Educational Assistance curity missions. provements. That is why I introduced the Na- Program, or the Post-9/11 GI Bill of 2008. This bill: Among other improvements, S. 3447 will tional Guard Education Equality Act, Allows veterans to use Post-9/11 benefits modify eligibility for entitlements to educational which has over 100 bipartisan cospon- for Apprenticeship and On-the-Job Training assistance; the amount of assistance and sors and has been endorsed by a num- programs. ber of veterans service organizations. I Provides students pursuing education types of approved program of education; and am very proud that my bill has been through distance learning access to the hous- assistance for licensure and certification tests. Under the proposed legislation, individuals, included in the Post-9/11 Veterans Edu- ing stipend given to traditional students. cation Assistance Improvements Act. Credits National Guard members—who are who have been discharged or released from As a result, tens of thousands of Na- activated under Title 32 orders for national dis- the Armed Forces, will be able to transfer un- tional Guard members will receive ben- asters—with Post-9/11 eligibility. used education benefits to family members or efits they are due for their service to Improves the often confusing state cap sys- dependents. Those pursuing a college degree our country. tem to expand and simplify the yellow ribbon or certificate through an accredited distance While this bill is not perfect and program which allows veterans to receive learning program will also be eligible for edu- more needs to be done, it is an essen- funds to attend private schools. cational assistance. Eligible individuals entitled tial step forward. Among its many Fully covers tuition at any public school. to supplemental educational assistance for ad- other improvements for our veterans, Is fully offset and cost neutral thanks in part ditional service under the Montgomery GI Bill- it will recognize and it will honor the to closing several loopholes in the program. Active Duty, MGIB–AD, may also receive re- contributions of the National Guard to There is historical precedence for making maining payments if the individual elects to re- both our homeland and our national se- such changes. The 78th Congress also need- ceive benefits under the Post-9/11 GI Bill. Vet- curity. I urge support for this critical ed to pass several reforms to the original erans with service-connected disabilities will legislation. Montgomery G.I. Bill. Today, the Montgomery be eligible to choose the national average of I again thank Chairman FILNER and G.I. Bill is considered to be one of the most BAH, or the DOD benefit to provide housing Members for all their great work on successful veterans programs in the history of compensation, in lieu of the monthly subsist- this, Democrats and Republicans alike. our country. By passing S. 3447, we are fol- ence allowance currently authorized. Commis- Ms. HERSETH SANDLIN. Mr. Speaker, I lowing in that tradition. sioned officers in the Public Health Service, rise today in strong support of S. 3447, The In conclusion, I would like to thank the many PHS, and National Oceanic and Atmospheric Post-9/11 Veterans Educational Assistance Veterans Service Organizations who worked Administration, NOAA, may also transfer Post- Improvements Act of 2010. with Senator AKAKA, Representative MINNICK, 9/11 GI Bill benefits to their dependents. I would like to thank Senator AKAKA for in- and myself on these issues. Groups such as Overall, this piece of legislation provides the troducing this critical legislation in the Senate the Veterans of Foreign Wars, the American opportunity for veterans and servicemembers and Representative WALT MINNICK of Idaho Legion, and the Iraq and Afghanistan Veterans to maximize their benefits and to ensure that who introduced the companion bill here in the of America were tireless champions on this bill their needs are met. And again I thank Sen- House and worked diligently to refine the land- and these issues. The passage of S. 3447 ator AKAKA for his leadership on this important mark Post-9/11 G.I. Bill enacted in 2008. would not be possible without their efforts. piece of legislation.

VerDate Mar 15 2010 07:28 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00111 Fmt 4634 Sfmt 9920 E:\CR\FM\K15DE7.129 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8466 CONGRESSIONAL RECORD — HOUSE December 15, 2010 I urge my colleagues to support this bill. Mr. FILNER. Mr. Speaker, on that I the outstanding claims arising out of the Ms. BORDALLO. Mr. Speaker, I rise today demand the yeas and nays. conflict can be resolved . . . There can be no in support of S. 3447, the Post–9/11 Veterans The yeas and nays were ordered. progress until they actually come together Educational Assistance Improvements Act of The SPEAKER pro tempore. Pursu- and explore where areas of agreement are and how to narrow areas of disagreement. So 2010. I commend Chairman IKE SKELTON of ant to clause 8 of rule XX and the we do not support unilateral steps by either the House Armed Services Committee, Chair- Chair’s prior announcement, further party that could prejudge the outcome of man JOHN SPRATT of the House Committee on proceedings on this motion will be such negotiations.’’; the Budget, and Chairman BOB FILNER of the postponed. Whereas, on December 7, 2010, Assistant House Committee on Veterans Affairs for their f Secretary of State for Public Affairs Philip commitment, hard work and dedication to ex- J. Crowley stated, ‘‘We don’t think that we SUPPORTING A NEGOTIATED SO- panding education benefits for the men and should be distracted from the fact that the LUTION TO THE ISRAELI-PALES- only way to resolve the core issues within women who have served our great nation in TINIAN CONFLICT the process is through direct negotiations.’’; uniform since September 11, 2001. The work Whereas, on December 10, 2010, Secretary of committee leadership ensures that this Con- Mr. BERMAN. Mr. Speaker, I move Clinton stated, ‘‘it is only a negotiated gress will make a meaningful positive impact to suspend the rules and agree to the agreement between the parties that will be on our Armed Forces. resolution (H. Res. 1765) supporting a sustainable’’; The improvements to the bill will make it negotiated solution to the Israeli-Pal- Whereas the Government of Israel has easier for the U.S. Department of Veterans Af- estinian conflict and condemning uni- made clear that it would reject a Palestinian lateral declarations of a Palestinian unilateral declaration of independence, has fairs and the military services to implement the repeatedly affirmed that the conflict should program thereby speeding up the time it pres- state, and for other purposes. be resolved through direct negotiations with ently takes to use the benefits. Further the The Clerk read the title of the resolu- the Palestinians, and has repeatedly called proposed legislation expands tile types of tion. on the Palestinian leadership to return to di- training which can be pursued to include voca- The text of the resolution is as fol- rect negotiations; and tional and technical schools, apprenticeships lows: Whereas efforts to bypass negotiations and to unilaterally declare a Palestinian state, and on the job training that were not pre- H. RES. 1765 viously covered. Another important improve- or to appeal to the United Nations or other Whereas a true and lasting peace between international forums or to foreign govern- ment to the Bill includes expanded financial Israel and the Palestinians can only be ments for recognition of a Palestinian state, assistance to active duty members to cover achieved through direct negotiations be- would violate the underlying principles of the cost of books and administrative fees and tween the parties; the Oslo Accords, the Road Map, and other to broaden the opportunity to participate in dis- Whereas Palestinian leaders have repeat- relevant Middle East peace process efforts: edly threatened to declare unilaterally a tance learning programs. Now, therefore, be it Palestinian state and to seek recognition of Resolved, That the House of Representa- Another critical component of the legislation a Palestinian state by the United Nations is expanding eligibility to many men and tives— and other international forums; (1) reaffirms its strong support for a nego- women of the National Guard who serve Whereas Palestinian leaders are reportedly tiated solution to the Israeli-Palestinian under Title 32 authority. Men and women of pursuing a coordinated strategy of seeking conflict resulting in two states, a demo- the National Guard continue to be called upon recognition of a Palestinian state within the cratic, Jewish state of Israel and a viable, to serve at home and abroad to protect our United Nations, in other international fo- democratic Palestinian state, living side-by- national interests. The distinction between dif- rums, and from a number of foreign govern- side in peace, security, and mutual recogni- ferent types of orders is often blurred due to ments; tion; Whereas, on November 24, 2010, Mahmoud (2) reaffirms its strong opposition to any archaic procedures and operational require- Abbas, leader of the Palestinian Authority ments. The legislation significantly enhances attempt to establish or seek recognition of a and the Palestine Liberation Organization, Palestinian state outside of an agreement benefits for men and women of the National wrote to the President of Brazil, requesting negotiated between Israel and the Palestin- Guard by including active duty time spent for that the Government of Brazil recognize a ians; the purpose of organizing, administering, re- Palestinian state, with the hope that such an (3) urges Palestinian leaders to— cruiting, instructing, or training the National action would encourage other countries like- (A) cease all efforts at circumventing the Guard. It also includes time spent under sec- wise to recognize a Palestinian state; negotiation process, including efforts to gain tion 502(f) of title 32 when authorized by the Whereas, on December 1, 2010, in response recognition of a Palestinian state from other to Abbas’s letter, the Government of Brazil nations, within the United Nations, and in President or the Secretary of Defense for the unilaterally recognized a Palestinian state; purpose of responding to a national emer- other international forums prior to achieve- Whereas, on December 6, 2010, the Govern- ment of a final agreement between Israel and gency declared by the President and sup- ment of Argentina announced its decision to the Palestinians, and calls upon foreign gov- ported by Federal funds. recognize unilaterally a Palestinian state, ernments not to extend such recognition; This legislation continues our solemn com- and the Government of Uruguay announced and mitment to veterans and servicemembers. The that it would unilaterally recognize a Pales- (B) resume direct negotiations with Israel bill improves the processing of these benefits tinian state in 2011; immediately; and ensures that we fulfill our commitment to Whereas, on March 11, 1999, the Senate (4) supports the Administration’s opposi- adopted Senate Concurrent Resolution 5, and tion to a unilateral declaration of a Pales- all servicemembers and veterans. As such, I on March 16, 1999, the House of Representa- urge my colleagues to join me in supporting S. tinian state; and tives adopted House Concurrent Resolution (5) calls upon the Administration to— 3447. 24, both of which resolved that ‘‘any attempt (A) lead a diplomatic effort to persuade Mr. BUYER. Mr. Speaker, I yield to establish Palestinian statehood outside other nations to oppose a unilateral declara- back the balance of my time. the negotiating process will invoke the tion of a Palestinian state and to oppose rec- Mr. FILNER. Mr. Speaker, I have no strongest congressional opposition’’; ognition of a Palestinian state by other na- further requests for time. This is an Whereas, on October 20, 2010, Secretary of tions, within the United Nations, and in important bill that extends benefits to State Hillary Rodham Clinton stated, other international forums prior to achieve- even more of our veterans and tries to ‘‘There is no substitute for face-to-face dis- ment of a final agreement between Israel and enhance the benefits for those who al- cussion and, ultimately, for an agreement the Palestinians; and that leads to a just and lasting peace.’’; ready are receiving them. I ask for (B) affirm that the United States would Whereas, on November 5, 2010, United deny recognition to any unilaterally de- unanimous support, and I yield back States Department of State Spokesman clared Palestinian state and veto any resolu- the balance of my time. Mark Toner, responding to a question about tion by the United Nations Security Council The SPEAKER pro tempore (Mr. the Palestinians possibly taking action to to establish or recognize a Palestinian state LANGEVIN). The question is on the mo- seek recognition of a Palestinian state at the outside of an agreement negotiated by the tion offered by the gentleman from United Nations, said, ‘‘[T]he only way that two parties. California (Mr. FILNER) that the House we’re going to get a comprehensive peace is The SPEAKER pro tempore. Pursu- suspend the rules and pass the bill, S. through direct negotiations, and anything that might affect those direct negotiations ant to the rule, the gentleman from 3447. we feel is not helpful and not constructive’’; California (Mr. BERMAN) and the gen- The question was taken. Whereas, on November 10, 2010, Secretary tleman from Texas (Mr. POE) each will The SPEAKER pro tempore. In the Clinton stated, ‘‘we have always said and I control 20 minutes. opinion of the Chair, two-thirds being continue to say that negotiations between The Chair recognizes the gentleman in the affirmative, the ayes have it. the parties is the only means by which all of from California.

VerDate Mar 15 2010 07:28 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.061 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8467 GENERAL LEAVE been very generous in its support of I think the administration needs to Mr. BERMAN. Mr. Speaker, I ask their worthy efforts to build institu- come out very strongly in opposition unanimous consent that all Members tions and the economy on the West to this idea before more states recog- have 5 legislative days to revise and ex- Bank. In fact, I believe we are the most nize a Palestinian state. I think it is tend their remarks and include extra- generous nation in the world in that important that Congress show Israel neous material on the resolution under regard. So I think our friends should that we stand with them. We stand for consideration. understand: If they persist in pursuing them because what is bad for them is The SPEAKER pro tempore. Is there a unilateralist path, inevitably, and bad for the United States and for the objection to the request of the gen- however regrettably, there will be con- world and for the Middle East. So it is tleman from California? sequences for U.S.-Palestinian rela- simple: Get back to the table with the There was no objection. tions. people that are most concerned about a Mr. BERMAN. Mr. Speaker, I rise in I encourage all of my colleagues to Palestinian state, that being the strong support of H. Res. 1765, and I support this important pro-negotia- Israelis. yield myself 3 minutes. tions, pro-peace resolution. I reserve the balance of my time. Mr. Speaker, I brought this resolu- I reserve the balance of my time. Mr. BERMAN. Mr. Speaker, I yield tion to the floor because I believe nego- Mr. POE of Texas. Mr. Speaker, I myself 15 seconds. tiations are the only path to a two- yield myself such time as I may con- I thank the gentleman for his posi- state solution to the Israeli-Pales- sume. tion, for his resolution, and for his co- tinian conflict. For this reason, the I am proud to be a cosponsor of this sponsoring of this resolution. And I am United States Congress has every rea- legislation. I strongly support a nego- here to stand not only with the son to be concerned about efforts of tiated solution for peace in the Middle Israelis, but I stand with the Palestin- some in the Palestinian Authority East, and this resolution will help do ians on this issue because the Palestin- leadership to attain recognition of that. ians want this state, and negotiations statehood while bypassing the accepted Unfortunately, behind closed doors are the way to get it. I am pleased to yield for a unanimous negotiation process. and behind the backs of Israelis and the United States, Palestinian leaders consent request to my colleague from 1910 b are reportedly holding high-level, uni- California (Mr. MILLER). These efforts run counter to the Pal- lateral discussions in pursuing recogni- (Mr. GEORGE MILLER of California estinians’ own internationally wit- tion of a Palestinian state by the asked and was given permission to re- vise and extend his remarks.) nessed commitments at the 1991 Madrid United Nations and other international Mr. GEORGE MILLER of California. Conference and under the 1993 Oslo forums. In fact, the U.N. Special Coor- Agreement and the 2003 Roadmap. Most I thank the gentleman for yielding. dinator for the Middle East Peace Mr. Speaker, I rise today to express my important, the Palestinians will only Process, Robert Serry, on October 26 of support for a negotiated solution to the dec- get a state by negotiating with the this year said he supported recognition ades-long conflict between Israel and the Pal- Israelis. of a Palestinian state by the United estinians. I will be voting in favor of the resolu- That is but one reason I am deeply Nations. The answer is to negotiate tion introduced by my friend from my home disappointed by the recently an- with Israel to make sure that there is state of California, Congressman BERMAN, as nounced decisions of Brazil and other a Palestinian state and not operate I believe that only a negotiated solution to Latin American countries to recognize unilaterally without the help and nego- which all parties agree will achieve lasting an independent Palestinian state, ac- tiation of Israel. But this is not all. peace. tions prompted by a direct request Earlier this month, three South However, I would like to note that I believe from Palestinian President Abbas. American countries—Argentina, Brazil, that this resolution unwisely addresses only Ultimately, such recognition of non- and Uruguay—recognized Palestine as one issue standing in the way of Israeli-Pales- existent statehood gives the Palestin- a state. Palestinian statehood recogni- tinian peace, even while numerous other ians nothing. In 1988, Yasser Arafat de- tion outside of talks with Israel is a issues continue to plague the peace process. clared a state and garnered recognition bad idea, and it is not a peaceful solu- I believe that the resolution is fully correct that from more than 100 states; now, 22 tion to this problem. the Palestinian Authority should not seek years later, there is still no state. The If the Palestinian state is a sovereign statehood unilaterally. Yet, I do not believe Palestinian people don’t want a bunch state, what are the borders of this state that unilateral actions by either side that un- of declarations of statehood. They going to be? Will terrorist acts now be dermine efforts to achieve a negotiated solu- want a state. And they should have seen as an act of war from a recognized tion are helpful in achieving our shared goal of one, through the only means possible state? Is this going to be a sovereign peace in the region. In fact, I believe that they for attaining one, negotiations with state within the sovereign State of are extremely counterproductive. Israel. Israel? No one knows because none of Moreover, I believe that it is critical that this The Obama administration has been these questions have been answered Congress support the Obama Administration’s unwavering on this point. Unless an with these countries who want to have continued efforts to negotiate with each of the independent Palestinian state is a unilateral recognition of this state. parties over substantive issues to make formed via a negotiated settlement, I am not saying that there can never progress toward a settlement so that an even- the Israeli-Palestinian conflict will not be a Palestinian state, but what I am tual return to direct negotiations can be suc- be solved. Only through direct negotia- saying is certain conditions certainly cessful. Indeed, Special Envoy for Middle East tions can difficult compromises be should be met before a state can be es- Peace George Mitchell is in the region now reached on the core issues of borders, tablished. And one of those, the fore- working to make substantive progress. water, refugees, Jerusalem, and secu- most important one, is get to the table Once again, I support this resolution, but I rity. Unilateral declarations of state- and negotiate with Israel. Quit wor- believe that it unfairly only addresses one of a hood will not eliminate the sources of rying about what Brazil, Argentina, number of complex issues standing in the way the conflict; they will exacerbate and Uruguay think and be more con- of achieving a negotiated peace settlement in them. Secretary of State Hillary Clin- cerned about what Israel thinks, be- the Middle East. ton could not have been more correct cause Israel must agree to whatever so- Mr. BERMAN. Mr. Speaker, I am when she said just this past Friday lution comes about in this negotiation. pleased to yield 3 minutes to the dis- that ‘‘it is only a negotiated agreement If other countries follow Brazil and tinguished gentleman from New York between the parties that will be sus- recognize Palestine, why would Pal- (Mr. ACKERMAN), the chairman of the tainable.’’ estine return to negotiations with Middle East and Southeast Sub- I believe that Palestinian Authority Israel? They are already getting what committee. President Abbas and Prime Minister they want without negotiations. I be- Mr. ACKERMAN. Mr. Speaker, this Fayyad are committed to a peaceful lieve that without further negotiations resolution is absolutely vital. It should resolution of their conflict with Israel, with Israel, there will be violence in be called the Peace Process Preserva- so I hope they will take Secretary Clin- the Middle East; in fact, peace in the tion Act because that is exactly what ton’s message to heart. This body has Middle East will be a far-off dream. it is all about.

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.131 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8468 CONGRESSIONAL RECORD — HOUSE December 15, 2010 I understand that to many Israelis ing member on the Middle East Sub- A little history is important here. and many Palestinians, there is enor- committee, be allowed to control the Back in 1948, when the United Nations mous frustration and disappointment remainder of my time. resolution passed, taking what was and impatience with the peace process, The SPEAKER pro tempore. Is there then historic Palestine and dividing it but there is absolutely no acceptable objection to the request of the gen- between an Arab State and a Jewish alternative to it. Only negotiations can tleman from Texas? State, the Jews in the area said yes, promise a real and durable peace, a There was no objection. accepted it, and the Arabs said no. And peace with security for Israel, as a Mr. BURTON of Indiana. Mr. Speak- they went to war against Israel. And Jewish and democratic state, and inde- er, at this time I reserve the balance of went to war against Israel time and pendence for a sovereign and viable my time. time and time again to wipe out the Palestinian state. There is no magic Mr. BERMAN. Mr. Speaker, I am State of Israel. wand. There is no shortcut. The only pleased to yield 3 minutes to the gen- So we know we have come a long way to peace is negotiating in good tleman from New York (Mr. ENGEL), a way. And my colleagues have said this. faith and making the hard choices that member of the committee, chair of the Back in 2000, back in 2001, Prime Min- it demands. Western Hemisphere Subcommittee. ister Barak, Prime Minister Sharon, Israel has shown time and again that Mr. ENGEL. I thank the chairman Prime Minister Olmert all issued and it is ready. In the year 2000, Israel for yielding to me. And I, like my col- agreed to have negotiations and to give made a serious and generous offer to leagues on both sides of the aisle, rise the Palestinians almost everything the Palestinians at Camp David, and in support of this resolution. My col- they wanted; a state of their own. They then offered even more at Taba. Israel leagues have said it very, very well, turned it down. Negotiation is the only offered the Palestinians still more in and I reiterate it—the only way that step forward, and we should continue 2008. And last year, Prime Minister peace can be achieved in the Middle on that path. Netanyahu, without getting any credit, East is by having the two parties sit Mr. BURTON of Indiana. Mr. Speak- came out in favor of a two-state solu- down and negotiate a settlement that er, I continue to reserve the balance of tion and has been waiting ever since can’t be an American plan, that can’t my time. Mr. BERMAN. Mr. Speaker, I am for the Palestinians to join him at the be an Obama plan, that can’t be a U.N. very pleased to yield 2 minutes to a table. plan. It has to be a plan between the member of the committee, the gen- It is time for Abu Mazen to stop Israelis and Palestinians. So at the end tleman from American Samoa (Mr. jetting around the looking for alter- of the day, we come out with a two- state solution—the Jewish State of FALEOMAVAEGA). natives to dealing directly with Prime (Mr. FALEOMAVAEGA asked and Minister Netanyahu. Palestinians Israel and a Palestinian State. And both States ought to live with security was given permission to revise and ex- can’t, on the one hand, complain that tend his remarks.) Israeli settlements prejudge final sta- along recognized borders. Now, it is bad enough that these Mr. FALEOMAVAEGA. I do want to tus issues and then run around calling thank the distinguished gentleman on other nations to try to impose a so- countries like Brazil, Argentina, and Uruguay, unilaterally say that they ac- from California, the chairman of the lution from the outside. House Foreign Affairs Committee, and Personally, I think that the Palestin- cept or they recognize a Palestinian State. They talk about a Palestinian I want to state for the record I asso- ians’ complaints about settlements are ciate myself with the comments and overwrought. Prime Minister State within the 1967 borders, which is preposterous. Everyone knows that the position taken by the chairman of Netanyahu froze settlement building the Foreign Affairs Committee con- Israel would never and could never for 10 months and got only Palestinian cerning this issue that is now before agree with it. Those borders are inde- scorn for his efforts. Moreover, for the House. peace, or to promote it, Israel has fensible, and for that reason Israel Mr. Speaker, there is no question withdrawn completely from Sinai, Leb- would and could not accept it. So, as that the Israeli-Palestinian conflict for anon, and Gaza. So the Israeli track far as I am concerned, this is just mis- the past 60 years, in my opinion, has record on land for peace is very clear. chief-making. This is the Palestinian been something that not only has got But what some Palestinians can’t leadership not having the guts to sit the attention of the entire world, it is seem to understand is that their legiti- down and negotiate a difficult situa- trying to find a solution to the current mate aspirations not only can’t be tion. issues and the problems existing be- achieved by violence, but are equally The Palestinian leadership has been tween the Israeli and the Palestinian unobtainable through unilateral or ex- throwing all kinds of preconditions out people. I also want to commend the ternal declarations. A just and lasting there, saying to Israel, We’re not going Obama administration and certainly settlement is only possible through a to sit and negotiate with you unless Secretary Clinton for initiating the ef- political process, one where both sides you do this; we’re not going to sit and forts to continue the negotiation proc- make concessions. negotiate with you unless you do that. ess in trying to find a peaceful solution Any nation that is truly committed So the prime minister of Israel, to the current problem existing be- to peace, or sees itself as a friend of the Netanyahu, agrees to a 10-month mora- tween Israel and the Palestinian peo- Israelis or the Palestinians, has to rec- torium on building any kind of settle- ple. ognize that trying to dictate a solution ments or neighborhoods or anything One thing that is quite certain, that is a recipe for catastrophe. Instead of like that, and the Palestinian leader- is at least a sense of consensus and producing peace, efforts to impose one ship decried it. They made fun of it. agreement, is the fact that we recog- from the outside will transform a dif- They said it was nothing. And then nize that yes, Palestine should be given ficult but resolvable conflict between they waited 9 of those 10 months to ac- as an independent and sovereign state two peoples into a horrific war between tually sit down and negotiate with just as much as there should be proper two religions. Israel. So they sat down for 1 month recognition of Israel as a sovereign and So if you think the time to resolve and then the 10 months expired. And an independent state. I think the this conflict is now, and I do, and if now they are demanding another points that have been taken by my you think both Israelis and Palestin- freeze. Well, I find it very odd that now good friend, the gentleman from Texas; ians are entitled to govern themselves, that this freeze on so-called settlement Mr. BERMAN; and also my colleagues and I do, then you need to support this activities is absolutely necessary in from New York, Mr. ACKERMAN and Mr. resolution in favor of negotiations and order for the Palestinians to sit down ENGEL, are well taken. And I just want peace and against imposed or unilat- and negotiate, when for 9 months they to urge my colleagues to support the eral solutions. refused to negotiate when Israel had resolution. stopped any kind of new settlements. Mr. BURTON of Indiana. Mr. Speak- b 1920 So this is just a further international er, I will continue to reserve the bal- Mr. POE of Texas. Mr. Speaker, I ask attempt to delegitimize Israel and to ance of my time. unanimous consent that the gentleman unilaterally declare statehood for the Mr. BERMAN. Mr. Speaker, I am from Indiana (Mr. BURTON), the rank- Palestinians. That will never work. very pleased to yield 2 minutes to a

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.134 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8469 distinguished member of the Foreign Mr. Speaker, I rise in very reluctant Abu Mazen, praise the recently de- Affairs Committee with an ardent in- support of this resolution. Unfortu- ceased mastermind of the PLO’s mas- terest in this issue, the gentlelady nately, we have before us today yet an- sacre of the Israeli athletes at the 1972 from Nevada (Ms. BERKLEY). other one-sided resolution regarding Munich Olympics. This is the leader, Ms. BERKLEY. I would like to thank the Israeli-Palestinian conflict. I will and he is praising the massacre that the gentleman from California for vote in favor of it because I do oppose the whole world abhorred. He also ex- yielding and for his extraordinary lead- unilateral declarations of Palestinian pressed what he called his ‘‘firm rejec- ership on this issue and on our com- statehood, and I do believe that a nego- tion of the so-called Jewishness of the mittee for the last several years. tiated solution is the only way forward State of Israel,’’ saying, ‘‘This issue is Mr. Speaker, I rise in strong support for Palestinian statehood to actually over for us. We have not and will not for this important resolution because I happen. However, this resolution ig- recognize it.’’ am deeply concerned about the chances nores other facts on the ground that That’s a heck of an attitude for peo- for Middle East peace. Over the last have led to the current breakdown in ple to have who say they want a Pales- year, instead of negotiating directly negotiations, most notably Israel’s ex- tinian state and who say they want to with the Israelis, Palestinian leaders pansion of settlements. negotiate while, at the same time, have turned their backs on peace talks. Mr. Speaker, it is truly absurd to they’re making these statements and They have come up with all sorts of ex- argue that serious negotiations can are doing an end run around the entire cuses to avoid negotiations, demanding occur when both actors are engaged in process. that Israel stop construction in all set- activities that threaten the credibility Last year, Abu Mazen said, ‘‘Pres- tlements, including Israel’s capital, be- of the peace process. It is likewise un- ently, we are against armed struggle fore they’ll even sit down to negotiate. wise to ignore that both Israelis and because we cannot cope with it, but When Israel took the courageous and Palestinians bear responsibility for en- things could be different at some fu- difficult step of agreeing to a 10-month gaging in these activities. ture phase.’’ moratorium, that wasn’t enough. They Resolutions, like the one we are con- That indicates again and again and waited 9 of the 10 months, only coming sidering today, are clearly done for do- again their insincerity of negotiating to the table at the last possible mo- mestic political consumption much in good faith. They are talking about ment. Meanwhile, rather than negoti- more than for having any positive im- at some point in the future having an- ating, the Palestinians have decided to pact on the conflict. We should not be other armed struggle. Israel has gone pursue a unilateral strategy, seeking ignorant of the fact that this Cham- beyond the pale time and again. Bibi global recognition for their ‘‘state’’ in- ber’s pattern of passing resolutions Netanyahu, the Prime Minister, has stead of making peace with the State that are one-sided can, indeed, under- taken that extra step time and again. of Israel. Shamefully, several countries mine our credibility to be serious bro- Until we see real concern and real have even rewarded the Palestinian kers for peace. sincerity in the negotiating process, we stonewalling instead of urging them to No one is doubting the important re- ought to take a very hard attitude to- return to the negotiating table where lationship between the United States ward the Palestinian Authority. In my they belong. The negotiating table is and Israel. Israel is our strongest ally opinion, that means cutting off any the only way to bring a true and last- and the only true democracy in the re- funding for it until it is willing to seri- ing peace to the region. All peace-lov- gion, but that doesn’t mean we ously sit down and negotiate a peaceful ing nations must reject this Pales- shouldn’t speak the truth in identi- settlement to the problem. tinian manipulation and insist that fying Israeli policies that are harmful I yield back the balance of my time. they return immediately to negotia- to promoting peace in the region and Mr. BERMAN. Mr. Speaker, how tions. There is simply no other path to that advance the United States’ na- much time do I have left? peace. tional interests. The SPEAKER pro tempore. The gen- It is the Palestinians that have the If I could rewrite this resolution, it tleman from California has 51⁄4 minutes most to lose if there isn’t a negotiating would highlight the responsibilities of remaining. path to peace. While Israel has a strong each partner to take actions demon- Mr. BERMAN. I yield myself such country and a good education system, strative of its commitment to peace. time as I may consume. a vibrant economy, a national identity, Israelis and Palestinians alike share Mr. Speaker, I would like to address a cultural identity and a strong democ- this responsibility, and so does the the comments of my colleague from racy, the Palestinians, because of their United States as an honest broker. California (Mrs. CAPPS). poor leadership, have absolutely none Mr. BURTON of Indiana. I yield my- I am obviously grateful for her sup- of those. And they will never get any of self such time as I may consume. port of this resolution and for her that until there is peace between the You know, Mr. Speaker, I think agreement with the notion that unilat- parties. The only way to do that is to Israel continues to do everything they eral steps like this are not the way to sit down and negotiate in good faith. If can to bring about a peaceful solution achieve peace. Yet she made certain I was Abu Mazen, you couldn’t drag me to the problems in the Middle East re- comments regarding issues which are away from the negotiating table. I garding the Palestinian issue, but they not in the resolution—and she is right. would sit there until I delivered for my don’t have a partner, and the Palestin- This resolution has nothing about set- people a Palestinian State. It occurs to ians continue to do an end run around tlements. There is nothing about in- me that maybe that’s not what his mo- the negotiation process. citement. There is nothing about the tives are. If he was interested in it, Number one, it isn’t going to work. Palestinian denial of the Jewish con- with a 10-month moratorium he should Number two, it shows the insincerity nection to the Western Wall. As for the have started on day one of the morato- of the leadership of the Palestinian Au- settlements, I have my own reserva- rium instead of waiting until the end. thority when it talks about peace. In tions about Israel’s activities, but this Mr. BURTON of Indiana. Mr. Speak- the past 5 years, we have given over $2 resolution isn’t about any of those er, I continue to reserve the balance of billion in assistance to the Palestinian things. my time. Authority, and we have been rein- This resolution is about the most forcing and rewarding bad behavior on central issue of all—the pathway to b 1930 the part of the Palestinian Authority Palestinian statehood. There is only Mr. BERMAN. Mr. Speaker, I am when it has proven to us, by doing the one path, and that is through negotia- very pleased to yield 2 minutes to one things it is doing right now, that it is tions. No negotiations, no state. It is as who has been, really, an ardent sup- really not worthy of the support we are simple as that. porter of the resolution of the Israeli- giving it. We should finally hold the I am now happy to yield 2 minutes to Palestinian conflict and peace in the Palestinian Authority leaders account- the gentlewoman from Texas (Ms. Middle East, my friend from California able. JACKSON LEE). (Mrs. CAPPS). A couple of things really bother me. Ms. JACKSON LEE of Texas. Let me Mrs. CAPPS. I thank the distin- One is when I hear the leader of the thank the distinguished gentleman for guished chairman for yielding to me. Palestinian Authority and the PLO, yielding.

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.136 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8470 CONGRESSIONAL RECORD — HOUSE December 15, 2010 I rise to support this legislation. As I A real, genuine peace won’t come out of This resolution reaches half that goal since listened earlier—and I had to depart thin air. It will come when the Palestinians it targets only one action by one party. It cor- from the floor—I wanted to reinforce teach their children that Israel has a right to rectly notes the Administration’s opposition to the comments and perspective that exist as a Jewish State. And it will come when a unilateral declaration of a Palestinian state Chairman BERMAN has announced. the PA inspires confidence that it has the ca- and the potential harm that would do to a Mr. Speaker, diplomacy is bilateral. pability and the will to provide security and comprehensive Middle East Peace Agree- It is a two-way street. It is a give-and- safeguard peace with Israel on its own. ment. The same resolution also conveniently take. It is the ability to help all of the That day has not arrived, and it is reckless skips around other unilateral actions by the people who are involved, and it is also and harmful to U.S. national security interests parties that may also harm the atmosphere for the ability for the world to recognize to pretend otherwise. Should a state be recog- peace in the region. that a coming together has occurred. I nized based on the now-untenable pre-1967 The resolution notes one quote from Sec- have the greatest sense of concern and borders, Palestinian terrorists in the West retary Clinton’s speech a few days ago on De- respect for the Palestinian people and Bank would have the same kind of free rein to cember 10. Let’s look a little deeper into some for Palestinian Americans, who them- shoot rockets, mortars and guns into Israel of the Secretary’s other comments in that selves have reached out and asked for that they now have in Gaza. Only this time, all lengthy speech. Secretary Clinton made clear help. of Israel’s main population centers will be in that the U.S. remains committed to reaching a I believe the people of the West Bank the crosshairs. This would lead to a perma- comprehensive peace deal between the par- and Gaza want freedom, opportunity, nent state of war as Israel is forced to defend ties with the U.S. playing a key role. She also equality, and a peaceful existence. I be- itself. stated that a peace agreement between the lieve, over the years, the people of Fortunately, the U.S. has the ability to veto two parties is the ‘‘only path to achieve the Israel and its many leaders have en- any irresponsible Palestinian declaration of Palestinians’ dreams of independence.’’ gaged in the process of peace. We in the statehood at the U.N. By taking up this resolu- She specifically also noted that ‘‘in the days United States are committed to a two- tion, the House of Representatives is signaling ahead, our discussion with both sides will be party state. We are committed to a its belief that the United States’ veto authority substantive two-way conversations with an peace resolution. Make peace today. should be used to preserve stability and pros- eye toward making real progress in the next Unilateral affirmation of one state pects for peace in the Middle East. few months . . . The United States will not be without the recognition of the impor- Ms. MOORE of Wisconsin. Mr. Speaker, I a passive participant. We will push the parties tance of both states coexisting and am as disappointed as anyone that the Middle to lay out their position on the core issues East Peace talks have stalled despite consid- working together does not lead to the without delay and with real specificity . . . We erable efforts by the Administration and the recognition that the world should give enter this phase with clear expectations of international community to help both sides to two independent states that will be both parties.’’ make the tough decisions needed to help ad- working alongside each other. In her speech Secretary Clinton noted that vance those talks. I understand that some of So I would simply indicate that, as ‘‘the position of the U.S. on settlements has my colleagues are frustrated with repeated we move forward, it is enormously im- not changed and will not change. Like every roadblocks that appear only intent on derailing portant that we get energized on the American administration for decades, we do the peace process. I share that frustration. I two-party debate, discussion and diplo- not accept the legitimacy of continued settle- believe that all who have a clear stake in the macy, and that we provide a peaceful ment activity. We believe their continued ex- peace process are also frustrated. existence as one of the negotiators— I have long advocated and reaffirmed my pansion is corrosive not only to peace efforts the United States—for the Palestinian strong support for a negotiated solution to the and a two-state solution, but to Israel’s future people and the people of Israel. We Israeli-Palestinian conflict with two states living itself.’’ The resolution before us today notes should be engaged. We have been asked side by side in peace and security. Both par- support for a negotiated solution but is silent to be engaged. We can make a dif- ties bear responsibility for the success or fail- on this issue as if it does not impact achieving ference, and I would support the idea of ure of the Middle East Peace efforts. that negotiated solution. our making a difference. No one pretends that the issues involved Secretary Clinton went on to say that both To my friends who have proceeded on here are easy. I think everyone also recog- parties, ‘‘to demonstrate their commitment to a unilateral perspective, Mr. Speaker, I nizes the devastating consequences for the peace . . . should avoid actions that prejudge would simply say: go this route of a region, for our ally Israel, and for U.S. security the outcome of negotiations or undermine two-party state, engaging to provide interests if the right solution is not found. good faith efforts to resolve final status issues. peace for the two states. There are a myriad of issues that have aris- Unilateral efforts at the United Nations are not helpful and undermine trust. Provocative an- b 1940 en that have complicated talks. Palestinian unilateral declaration of a state is only one, nouncements on East Jerusalem are counter- Mr. BERMAN. Mr. Speaker, I would but if you read this resolution you would reach productive. And the United States will not shy close by quoting from Prime Minister the conclusion that it is the only unilateral ac- away from saying so.’’ Salam Fayyad in an interview he gave tion or proposed action that would imperil this Unfortunately, the resolution before us today just yesterday—actually, it was to- process. The House should urge the Adminis- gets half of the message and only a small night in that time zone—where he said, tration to take a strong stand with both parties fraction of the demands on both parties to ‘‘We want a state of Palestine, not a on all unilateral actions that are hindering the help move this process forward, laid out by unilateral declaration of statehood.’’ peace talks, especially those that were agreed the Secretary of State last Friday. He explained that he did not see how a to only a few years ago by the parties in the As noted by Secretary Clinton, Israeli and unilateral declaration of statehood Roadmap. Palestinian leaders should stop trying to as- would assist the Palestinian cause. Middle East peace requires the active en- sign blame for the next failure, and focus in- Mr. Speaker, I urge the House to pass gagement of both parties. The Administration, stead on what they need to do to make these this resolution. as well as the House of Representatives, efforts succeed. I believe the House resolution Mr. CANTOR. Mr. Speaker, having repeat- should make the expectations for both parties before us today would have been wise to also edly refused to negotiate in good faith with clear: each party must engage seriously on heed that advice. Israel, the Palestinian Authority is now threat- even the hardest issues—making proposals The intent of this resolution is to express ening to abrogate the Oslo Accords by unilat- and counter-proposals—and achieve concrete concern with an action that will put more ob- erally declaring its own state at the U.N. For results. stacles in the way of achieving Middle East all those Americans and citizens of the world As I stated in a letter to President Obama Peace. I could not agree with that goal more. who yearn for peace, prosperity and stability in earlier this year in support of strong U.S. en- But let’s make sure that we recognize that the Middle East, I warn that nothing could be gagement as an honest broker in renewed both parties have an equal responsibility to re- more detrimental to these hopes. Middle East Peace talks, allowing actions by frain from such actions. A unilaterally declared Palestinian state is a either party that undermine the process to go Mr. BERMAN. I yield back the bal- rejection of the very essence of the peace unchallenged serves to fan animosity and mis- ance of my time. process. It is an unambiguous statement that trust, which feeds this needless cycle of con- The SPEAKER pro tempore. The the Palestinians refuse to honor their obliga- flict and violence. This does not serve the in- question is on the motion offered by tions in the interest of a lasting peace with terests of the U.S., our ally Israel, or the Pal- the gentleman from California (Mr. Israel. estinians. BERMAN) that the House suspend the

VerDate Mar 15 2010 07:28 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.138 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8471 rules and agree to the resolution, H. and that ‘‘the Department of State categori- (A) focus on areas in developing countries Res. 1765. cally denounces all cases of child marriage with high prevalence of child marriage; The question was taken; and (two- as child abuse’’. (B) encompass diplomatic initiatives be- thirds being in the affirmative) the (10) According to an International Center tween the United States and governments of for Research on Women analysis of Demo- developing countries, with attention to rules were suspended and the resolu- graphic and Health Survey data, areas or re- human rights, legal reforms, and the rule of tion was agreed to. gions in developing countries in which 40 law; A motion to reconsider was laid on percent or more of girls under the age of 18 (C) encompass programmatic initiatives in the table. are married are considered high-prevalence the areas of education, health, income gen- f areas for child marriage. eration, changing social norms, human (11) Investments in girls’ schooling, cre- rights, and democracy building; and INTERNATIONAL PROTECTING ating safe community spaces for girls, and (D) be submitted to Congress not later GIRLS BY PREVENTING CHILD programs for skills building for out-of-school than one year after the date of the enact- MARRIAGE ACT OF 2010 girls are all effective and demonstrated ment of this Act. strategies for preventing child marriage and (c) REPORT.—Not later than three years Mr. BERMAN. Mr. Speaker, I move creating a pathway to empower girls by ad- after the date of the enactment of this Act, to suspend the rules and pass the bill dressing conditions of poverty, low status, the President should submit to Congress a (S. 987) to protect girls in developing and norms that contribute to child marriage. report that includes— (1) a description of the implementation of countries through the prevention of SEC. 3. CHILD MARRIAGE DEFINED. the strategy required by subsection (b); child marriage, and for other purposes. In this Act, the term ‘‘child marriage’’ (2) examples of best practices or programs The Clerk read the title of the bill. means the marriage of a girl or boy, not yet to prevent child marriage in developing the minimum age for marriage stipulated in The text of the bill is as follows: countries that could be replicated; and law in the country in which the girl or boy S. 987 (3) an assessment, including data is a resident or, where there is no such law, disaggregated by age and sex to the extent Be it enacted by the Senate and House of Rep- under the age of 18. resentatives of the United States of America in possible, of current United States funded ef- SEC. 4. SENSE OF CONGRESS. Congress assembled, forts to specifically prevent child marriage It is the sense of Congress that— SECTION 1. SHORT TITLE. in developing countries. (1) child marriage is a violation of human (d) COORDINATION.—Assistance authorized This Act may be cited as the ‘‘Inter- rights, and the prevention and elimination of under subsection (a) shall be integrated with national Protecting Girls by Preventing child marriage should be a foreign policy existing United States development pro- Child Marriage Act of 2010’’. goal of the United States; grams. SEC. 2. FINDINGS. (2) the practice of child marriage under- (e) ACTIVITIES SUPPORTED.—Assistance au- Congress makes the following findings: mines United States investments in foreign thorized under subsection (a) may be made (1) Child marriage, also known as ‘‘forced assistance to promote education and skills available for activities in the areas of edu- marriage’’ or ‘‘early marriage’’, is a harmful building for girls, reduce maternal and child cation, health, income generation, agri- traditional practice that deprives girls of mortality, reduce maternal illness, halt the culture development, legal rights, democ- their dignity and human rights. transmission of HIV/AIDS, prevent gender- racy building, and human rights, including— (2) Child marriage as a traditional prac- based violence, and reduce poverty; and (1) support for community-based activities tice, as well as through coercion or force, is (3) expanding educational opportunities for that encourage community members to ad- a violation of article 16 of the Universal Dec- girls, economic opportunities for women, and dress beliefs or practices that promote child laration of Human Rights, which states, reducing maternal and child mortality are marriage and to educate parents, community ‘‘Marriage shall be entered into only with critical to achieving the Millennium Devel- leaders, religious leaders, and adolescents of the free and full consent of intending opment Goals and the global health and de- the health risks associated with child mar- spouses’’. velopment objectives of the United States, riage and the benefits for adolescents, espe- (3) According to the United Nations Chil- including efforts to prevent HIV/AIDS. cially girls, of access to education, health dren’s Fund (UNICEF), an estimated SEC. 5. STRATEGY TO PREVENT CHILD MAR- care, livelihood skills, microfinance, and 60,000,000 girls in developing countries now RIAGE IN DEVELOPING COUNTRIES. savings programs; ages 20 through 24 were married under the (a) ASSISTANCE AUTHORIZED.— (2) support for activities to educate girls in age of 18, and if present trends continue (1) IN GENERAL.—The President is author- primary and secondary school at the appro- more than 100,000,000 more girls in devel- ized to provide assistance, including through priate age and keeping them in age-appro- oping countries will be married as children multilateral, nongovernmental, and faith- priate grade levels through adolescence; over the next decade, according to the Popu- based organizations, to prevent the incidence (3) support for activities to reduce edu- lation Council. of child marriage in developing countries cation fees and enhance safe and supportive (4) Between 1⁄2 and 3⁄4 of all girls are mar- through the promotion of educational, conditions in primary and secondary schools ried before the age of 18 in Niger, Chad, Mali, health, economic, social, and legal empower- to meet the needs of girls, including— Bangladesh, Guinea, the Central African Re- ment of girls and women. (A) access to water and suitable hygiene public, Mozambique, Burkina Faso, and (2) PRIORITY.—In providing assistance au- facilities, including separate lavatories and Nepal, according to Demographic Health thorized under paragraph (1), the President latrines for girls; Survey data. shall give priority to— (B) assignment of female teachers; (5) Factors perpetuating child marriage in- (A) areas or regions in developing coun- (C) safe routes to and from school; and clude poverty, a lack of educational or em- tries in which 40 percent or more of girls (D) eliminating sexual harassment and ployment opportunities for girls, parental under the age of 18 are married; and other forms of violence and coercion; concerns to ensure sexual relations within (B) activities to— (4) support for activities that allow adoles- marriage, the dowry system, and the per- (i) expand and replicate existing commu- cent girls to access health care services and ceived lack of value of girls. nity-based programs that are successful in proper nutrition, which is essential to both (6) Child marriage has negative effects on preventing the incidence of child marriage; their school performance and their economic the health of girls, including significantly (ii) establish pilot projects to prevent child productivity; increased risk of maternal death and mor- marriage; and (5) assistance to train adolescent girls and bidity, infant mortality and morbidity, ob- (iii) share evaluations of successful pro- their parents in financial literacy and access stetric fistula, and sexually transmitted dis- grams, program designs, experiences, and economic opportunities, including livelihood eases, including HIV/AIDS. lessons. skills, savings, microfinance, and small-en- (7) According to the United States Agency (b) STRATEGY REQUIRED.— terprise development; for International Development (USAID), in- (1) IN GENERAL.—The President shall estab- (6) support for education, including creasing the age at first birth for a woman lish a multi-year strategy to prevent child through community and faith-based organi- will increase her chances of survival. Cur- marriage and promote the empowerment of zations and youth programs, that helps re- rently, pregnancy and childbirth complica- girls at risk of child marriage in developing move gender stereotypes and the bias tions are the leading cause of death for countries, which should address the unique against girls used to justify child marriage, women 15 to 19 years old in developing coun- needs, vulnerabilities, and potential of girls especially efforts targeted at men and boys, tries. under age 18 in developing countries. promotes zero tolerance for violence, and (8) Most countries with high rates of child (2) CONSULTATION.—In establishing the promotes gender equality, which in turn help marriage have a legally established min- strategy required by paragraph (1), the Presi- to increase the perceived value of girls; imum age of marriage, yet child marriage dent shall consult with Congress, relevant (7) assistance to create peer support and fe- persists due to strong traditional norms and Federal departments and agencies, multilat- male mentoring networks and safe social the failure to enforce existing laws. eral organizations, and representatives of spaces specifically for girls; and (9) Secretary of State Hillary Clinton has civil society. (8) support for local advocacy work to pro- stated that child marriage is ‘‘a clear and (3) ELEMENTS.—The strategy required by vide legal literacy programs at the commu- unacceptable violation of human rights’’, paragraph (1) shall— nity level to ensure that governments and

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RESEARCH AND DATA. will be 25,000 new child brides every Mr. Speaker, I am now pleased to It is the sense of Congress that the Presi- day. yield 7 minutes to the gentlelady from dent and all relevant agencies should, as part Marrying at such a young age comes Minnesota (Ms. MCCOLLUM), the au- of their ongoing research and data collection activities— at a terrible cost for these girls—girls thor, along with Congressman (1) collect and make available data on the who, in most developed countries, CRENSHAW, of the corresponding House incidence of child marriage in countries that would otherwise still be happily play- legislation. receive foreign or development assistance ing sports and singing in their school Ms. MCCOLLUM. Mr. Speaker, every from the United States where the practice of choir. These young girls are at an in- year in the world’s poorest countries, child marriage is prevalent; and creased risk for health problems like millions of girls are forced into mar- (2) collect and make available data on the HIV/AIDS due to the sexual history of riage. Girls as young as age 8, but often impact of the incidence of child marriage their older partners. In addition, young 13, 14, and 15 years old, are sold by im- and the age at marriage on progress in meet- poverished parents to settle debts or ing key development goals. girls are at risk of complications dur- ing pregnancy and childbirth. In fact, they are given away to become the SEC. 7. DEPARTMENT OF STATE’S COUNTRY RE- PORTS ON HUMAN RIGHTS PRAC- childbirth complications are the lead- wives of men who are years or even TICES. ing cause of death for women 15 to 19 decades older. For a young girl, a child, The Foreign Assistance Act of 1961 is years old in developing countries. to be forced into marriage to an adult amended— Not only are child brides at a higher man can only be described as a life of (1) in section 116 (22 U.S.C. 2151n), by add- risk for disease and death during child- slavery, child molestation, and ser- ing at the end the following new subsection: birth, they are frequently victims of vitude. This is not marriage. It is a vio- ‘‘(g) The report required by subsection (d) domestic abuse. Premature marriage lation of the most basic human rights shall include, for each country in which child marriage is prevalent, a description of the deprives girls of their dignity and of a child. status of the practice of child marriage in dooms these girls to a life of poverty On the floor today is S. 987, the Inter- such country. In this subsection, the term and dependence. It is for these reasons, national Protecting Girls by Pre- ‘child marriage’ means the marriage of a girl and many more, that child marriage is venting Child Marriage Act, a bill that or boy, not yet the minimum age for mar- categorized as both child abuse and a was passed unanimously in the United riage stipulated in law or under the age of 18 violation of human rights. States Senate. Let me repeat. This bill if no such law exists, in the country in which Poverty and a lack of education are passed unanimously. Every Republican such girl or boy is a resident.’’; and both key contributing factors to why and every Democrat in the Senate sup- (2) in section 502B (22 U.S.C. 2304), by add- young women fall victim to child mar- ing at the end the following new subsection: ported it. ‘‘(i) The report required by subsection (b) riages. Girls who live in impoverished I want to commend Senators RICHARD shall include, for each country in which child homes are twice as likely to marry DURBIN and OLYMPIA SNOWE, along with marriage is prevalent, a description of the under 18, and 60 percent of girls in- the other bipartisan cosponsors, for status of the practice of child marriage in volved in child marriages have no edu- their tremendous efforts to protect vul- such country. In this subsection, the term cation. nerable girls. ‘child marriage’ means the marriage of a girl Families struck by poverty cannot It is my honor to be the sponsor of or boy, not yet the minimum age for mar- afford to keep their daughters in school the companion bill in the House, and I riage stipulated in law or under the age of 18 and often do not have the resources to want to thank my Republican col- if no such law exists, in the country in which such girl or boy is a resident.’’. provide for their daughters at all. leagues, Mr. CRENSHAW, Mr. Marrying off female children is often LATOURETTE, Mr. SCHOCK, and Mr. The SPEAKER pro tempore. Pursu- the only alternative for struggling LATHAM, for their bipartisan support ant to the rule, the gentleman from families. With an often false promise of for ending child marriage. California (Mr. BERMAN) and the gen- a better life for their daughters, par- According to UNICEF, child marriage tleman from Indiana (Mr. BURTON) ents marry their girls off at an all-too- is ‘‘the most prevalent form of sexual each will control 20 minutes. early age. abuse and exploitation of girls.’’ One in The Chair recognizes the gentleman However, there are undoubtedly bet- every seven girls in the developing from California. ter alternatives. This bill before us world is forced into marriage sometime GENERAL LEAVE seeks to eliminate the harmful prac- before the age of 15, millions of girls Mr. BERMAN. Mr. Speaker, I ask tice of child marriage overseas. It re- every year. unanimous consent that all Members quires an integrated, strategic ap- A 13-year-old that is forced into mar- have 5 legislative days to revise and ex- proach by our government to reduce riage will not go to school. She is most tend their remarks and include extra- the incidence of child marriage by au- certainly guaranteed to be a victim of neous material on the bill under con- thorizing the President to provide as- domestic violence. She is condemned to sideration. sistance through multilateral, non- a lifetime of poverty, and she is more The SPEAKER pro tempore. Is there governmental, and faith-based organi- likely to die or be disabled in child- objection to the request of the gen- zations to prevent the incidence of birth, and because she is a child, her tleman from California? child marriage and to promote the edu- infant is more likely to die. There was no objection. cational, health, economic, social, and HIV infection, maternal death, child Mr. BERMAN. Mr. Speaker, I rise in legal empowerment of girls and death, gender-based violence, and ex- support of S. 987, the International women. It also requires the President treme poverty are all deadly obstacles Protecting Girls by Preventing Child to establish a multiyear strategy in de- to development that destroys families, Marriage Act of 2010 and yield myself veloping countries and promote the weakens communities, and destabilizes as much time as I may consume. Mr. empowerment of girls at risk of child countries. Child marriage contributes Speaker, this legislation, S. 987, is the marriage. to all of these destructive problems. corresponding legislation to legislation Mr. Speaker, we need to invest in The photo I have with me was taken introduced by our colleague from Min- these young girls and provide safe by a brilliant photojournalist, Steph- nesota (Ms. MCCOLLUM), H.R. 2103. spaces where they can evolve socially anie Sinclair, who documented child Child marriage is one of the most and become self-sufficient. Empow- marriage in Afghanistan. This 11-year- harmful practices affecting girls in the ering young girls through education old girl in this photo, Ghulam, is not developing world today. Globally, more can help prevent child marriages and seated with her grandfather. The man than 60 million girls under the age of lead to a brighter and healthier future next to this child is her husband-to-be. 18, many only 12 or 13, are married, for millions worldwide. This little girl’s father gave her away usually to men more than twice or I want to thank Representatives to be married because he was too poor three times their age. Between one-half MCCOLLUM and CRENSHAW for their to care for her. Ghulam’s value to her and three-fourths of all girls are mar- leadership on this bill, and I encourage husband comes from her ability to ried before the age of 18 in countries my colleagues to support the bill, work in the field, care for animals, and

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.073 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8473 because she’s a virgin. In this country, and have the United States stand with Mr. BURTON of Indiana. I reserve a man treating an 11-year-old as his millions of girls today and tomorrow the balance of my time. wife would be imprisoned as a sexual who seek nothing more than the free- Mr. BERMAN. Mr. Speaker, I am predator, a pedophile. In Afghanistan, dom, the opportunity, and the time to pleased to yield 2 minutes to the gen- an 11-year-old’s abuser is her husband. be allowed to be children and grow into tleman from Washington (Mr. adulthood without being forced into MCDERMOTT). b 1950 marriage. (Mr. MCDERMOTT asked and was It does not matter where in this I thank Chairman BERMAN for his given permission to revise and extend world an 11-year-old girl is; she should support, and I urge all my colleagues his remarks.) never be anyone’s wife. Today we have to vote to protect millions of girls in Mr. MCDERMOTT. Mr. Speaker, I an opportunity to put the lives of vul- this world from sexual abuse. rise today in support of the Inter- nerable girls ahead of what is all too THE ELDERS FOUNDATION, national Protecting Girls By Pre- common at times partisan political London, UK, December 13, 2010. venting Child Marriage Act. games that take place in this House. Hon. BETTY MCCOLLUM, Recently, Nelson Mandela asked a Today we can show our constituents in Longworth House Office Building, group of the world’s most thoughtful the world that the life of every girl has Washington, DC. and experienced political and moral value and limitless potential if they Hon. ANDER CRENSHAW, Cannon House Office Building, leaders to identify the largest issues can grow up free from exploitation. Washington, DC. fueling humanitarian problems, and It is my firm belief that girls, girls DEAR REPRESENTATIVES MCCOLLUM AND forced child marriage is at the top of everywhere—in America, in Ethiopia, CRENSHAW: As Chair of The Elders, I am writ- the list. Child marriage denies girls the in Afghanistan—deserve the right to ing to thank you for your leadership and chance to get a full education. Every enter adulthood with the freedom to support of the International Protecting Girls country in the world that has advanced decide for themselves who their hus- by Preventing Child Marriage Act (S. 987 and H.R. 2103). The Senate passed the bill by has educated their women as the first band will be. A girl is not a commodity unanimous consent on 1 December 2010, and step. Child marriage prevents girls to be traded. She is a precious member we now encourage the House of Representa- from contributing to their commu- of a community who needs to be valued tives to pass this important measure. nities in the fullest way possible, and it and allowed to grow into adulthood. As an independent group of global leaders, contributes to the health crisis among This Congress and the American peo- brought together by Nelson Mandela, we women and babies in countries around ple spend billions of tax dollars on for- seek to address major causes of human suf- fering and promote the shared interests of the world. eign assistance. The U.S. has a direct humanity. Part of that effort involves speak- In the next 10 years, it’s estimated interest and an opportunity to ensure ing out about gender discrimination and the that over 100 million young girls will that girls in the developing world can oppression of girls and women, issues we be forcibly married if we don’t act, and grow up to be healthy, productive, con- know many members of the House care the policy of the United States right tributing members of their commu- about as well. now is to write more reports. With this nities and their countries. Child marriage is a harmful practice that bill, we can make a huge difference Not only do girls deserve the right to treats young girls as property, stops their education and robs them of their childhood with no additional taxpayer moneys choose their future husband; they de- and dignity. Child brides are at far greater being spent. This bill gives clear guide- serve the opportunity to get an edu- risk of dying in childbirth, while their chil- lines on how already-appropriated cation, to contribute their skills and dren are also less likely to survive infancy moneys are to be spent in countries their talents to develop their coun- than the children of older mothers. Often with the greatest problems, in ways tries. married to much older men, child brides are that are culturally sensitive and com- This legislation supports and expands more vulnerable than their unmarried peers to sexually transmitted diseases including munity-based. It requires the State De- the successful models already in place HIV and AIDS. There is compelling evidence partment to track the issue annually for promoting girls’ education, pro- that child marriage is a significant brake on as part of our human rights consider- tecting the human rights of girls, and the achievement of no less than six of the ations. eliminating the practice of child mar- eight Millennium Development Goals. Mr. Speaker, this bill will save lives riage. This bill authorizes existing UNICEF estimates that in developing coun- and save dreams, and I urge my col- State Department funds to be used to tries, 60 million girls now aged 20–24 were leagues on both sides of the aisle to implement a strategy to protect girls married under the age of 18. That number is likely to increase by 100 million over the support it. from being forced into marriage. This next decade if these trends continue. Mr. BURTON of Indiana. Mr. Speak- bill does not spend one additional dol- In our recent Washington Post op-ed, er, I yield myself such time as I may lar that is not already appropriated by President Mary Robinson and I told the consume. Congress for health, education, democ- story of Dhaki, a 13-year-old girl from Ethi- I rise, as do others on our side of the racy, or other development activities. opia who was married to a man eleven years aisle today, as a supporter of efforts to Earlier this week, I was honored to her senior. Her husband regularly forced himself upon her. Her cries were ignored by combat child marriage in developing receive a letter from Archbishop neighbours who shunned her for not respect- countries but in opposition to the Sen- Desmond Tutu of South Africa, urging ing the wishes of her husband. Thanks to a ate bill that we are considering today. the House to pass S. 987. The letter local development program, Dhaki has since I want you to know, before I make all says: ‘‘Child marriage is a harmful been freed from this torture and is con- my remarks, that I have actually seen practice that treats young girls as tinuing her education. forced child marriages in countries like property, stops their education, and My fellow Elders and I strongly believe that the International Protecting Girls by Saudi Arabia firsthand. And it is a hor- robs them of their childhood and dig- Preventing Child Marriage Act can provide rible thing, and I am very supportive of nity.’’ The archbishop goes on: ‘‘We assistance to developing countries to help stopping that practice. thank you for your attention and dedi- them reduce child marriage rates and pro- It’s truly distressing to know that cation to passing this bill before Con- mote the empowerment of girls and women there still are countries where under- gress adjourns. By doing so, you may worldwide. It will help innocent girls like age girls, like in Saudi Arabia, are help make the difference between lives Dhaki who were trapped in abusive, forced compelled to marry much older men marriages that amount to a modern version of opportunity or enslavement for mil- of slavery. Please consider this letter a pub- and lose their innocence and hope for- lions of young girls in the developing lic endorsement of this legislation by The ever. The health of such young girls world.’’ Elders. can suffer, as can their future opportu- Mr. Speaker, child marriage is sanc- We thank you for your attention and dedi- nities to lead productive lives filled tioned sexual abuse that destroys girls’ cation to passing this bill before Congress with normal social and economic op- lives. The choice before this Congress adjourns. By doing so, you may help make portunities, lives in which they can is to do nothing as young girls and the difference between lives of opportunity contribute with their full potential to or enslavement for millions of young girls in children continue to be enslaved, the developing world. their societies and their economies. raped, and condemned to a life of abuse God Bless You. Concern over this problem is not a and poverty; or we can join the U.S. ARCHBISHOP DESMOND TUTU, partisan issue. For example, in re- Senate and vote to pass this legislation Chair. sponse to the plight of such young

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.141 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8474 CONGRESSIONAL RECORD — HOUSE December 15, 2010 women and to ensure that the preven- First, we make it clear that child very important cause, those resources tion of child marriage is an integral marriage is a violation of human rights will come from some other form of re- part of U.S. efforts to promote respect and that its prevention should be a sources. They will not be additional for fundamental universally recognized goal of U.S. foreign policy; spending unless there is an appropria- human rights, in May of last year, Second, since there’s currently no tion. And this bill is not an appropria- Ranking Member ROS-LEHTINEN of the legislative requirement for a U.S. tions bill; it is an authorization bill. Foreign Affairs Committee expressly strategy for assistance to prevent child I urge my colleagues to support it. included pertinent language in the Re- marriage, we require the creation of It’s a critical issue. publican alternative version for the such a multiyear strategy; Ms. SLAUGHTER. Mr. Speaker, I rise today State Department authorization bill, Third, we require a report within 1 in support of the International Protecting Girls H.R. 2475. year that would inform us on the by Preventing Child Marriage Act. However, much has changed in our progress of the required strategy and, Child marriage is an international epidemic, domestic fiscal environment over the perhaps more important, give us a with 100 million girls projected to marry in the course of the last 2 years. Here at comprehensive assessment of what we next decade. home, we have Americans who are los- already are doing and funding in the ef- Not only do these young girls lose the op- ing their houses, their homes, State fort to fight child marriage; and portunity to achieve their full potential, but they and local governments that are on the Finally, that the practice of child also are at risk for serious health con- verge of bankruptcy, cities that are re- marriage in other countries be reported sequences. Childbirth is five times more dead- ducing their police and firefighting each year as part of the annual Human ly for girls under 15 than for women in their forces, an economy that is close to Rights Report, and that the practice of twenties, and pregnancy is the most common stalling due to lack of growth, and I child marriage also be reported for cause of death for girls between the age of 15 could go on and on. But in light of all those countries that are potential re- and 19. these facts, even the provision that had cipients of U.S. security assistance. HIV/AIDS is another serious risk for child been included in the Republican pro- I believe the alternative approach brides, as they frequently marry more sexually posal, or the authorization of State De- that was proposed would have achieved experienced men. In many countries in sub- partment operations, last year would the goals we desire without adding to Saharan Africa, girls under the age of 19 are now need to be revised to cut spending our economic burdens. Regrettably, we more than twice as likely to contract HIV as and address the budgetary challenges are faced with S. 987 and its price tag boys of the same age. that we face. of $67 million. Young girls frequently experience trauma Regrettably, the bill adopted by the Mr. Speaker, having outlined my and violence in these marriages. Senate that we are considering today concerns with the bill before us today, A front page article in The New York Times does not reflect the current fiscal reali- I ask my colleagues to vote ‘‘no’’ on on November 7, 2010 told the story of ties. The Congressional Budget Office this bill. Farzana, a young girl living in Afghanistan. Although she dreamed of being a teacher, has stated that the manner in which I reserve the balance of my time. Farzana was engaged at age 8 and married the provisions of this bill are drafted Mr. BERMAN. Mr. Speaker, I assume four years later. Her husband beat her for the would result in $108 million of author- the gentleman from Indiana has no fur- first time on her wedding day, and the beat- ized funding and $67 million in actual ther speakers. ings continued for four years. She was forbid- outlays over the next few years, which Mr. BURTON of Indiana. I have no den to see her mother. is different than what we have heard further speakers, but I will add one Farzana tells us, ‘‘I thought of running away here on the floor. more comment if I may, and that is: Make no mistake about it—— from that house, but then I thought: what will b 2000 Mr. BERMAN. I yield to the gen- happen to the name of my family? No one in Further, despite inquiries to the Con- tleman from Indiana. our family has asked for divorce. So how can gressional Research Service and, Mr. BURTON of Indiana. Well, I have I be the first?’’ through CRS, the State Department not yielded my time, so I will use my Left with few choices, Farzana set herself and Agency for International Develop- time. I will be happy to use your time. on fire. After burning half her body, she ment, there is apparently no available Mr. BERMAN. I would yield the gen- lived—but only after 57 days in the hospital confirmed figure on exactly how much tleman such time as he may consume, and multiple surgeries. aid the United States already provides up to a point, everything except 1 Farzana’s dream of becoming a teacher to fight child marriage overseas. minute. was killed by a premature marriage. We do know that such U.S. assistance Mr. BURTON of Indiana. I won’t take She—and millions of others like her—de- programs, programs that specifically the full minute. Thank you, Mr. Chair- serve better. The bill that we are considering today will include the prevention of child mar- man. help realize the dreams of many young girls riage as an objective, are already un- Let me just say that I don’t want like Farzana by expanding assistance to pre- derway. But no one can tell us how anyone to think we’re not very sympa- vent child marriage and empower girls around much taxpayer funding is already being thetic to the problem. We are, but the the world. used to fight child marriage in devel- fiscal problems we face in this country Young girls everywhere deserve the oppor- oping countries. right now are of paramount concern to tunity to make their own decisions and deter- To achieve the policy objectives we all of us. And for that reason, we must mine their own destiny. seek, while taking into account the bring this to a vote, and that’s the rea- Mr. BERMAN. I yield back the bal- economic challenges and limitations son why I ask for it. ance of my time. our Nation, our constituents are fac- Mr. Speaker, I yield back the balance The SPEAKER pro tempore. The ing, this week Congresswoman ROS- of my time. question is on the motion offered by LEHTINEN introduced a bill on the pre- Mr. BERMAN. Mr. Speaker, I yield the gentleman from California (Mr. vention of child marriage which enjoys myself such time as I may consume. BERMAN) that the House suspend the the support of several of our colleagues And I do it simply in the context of rules and pass the bill, S. 987. in this House. That bill reflects modi- urging my colleagues to vote for this The question was taken. fications that Ranking Member ROS- legislation; to point out, number 1, The SPEAKER pro tempore. In the LEHTINEN had sought to make to the that this is not an entitlement pro- opinion of the Chair, two-thirds being Senate text before it came to the floor, gram. This is an authorization. It is in the affirmative, the ayes have it. but they were not accepted. Instead of not an appropriation. Mr. BURTON of Indiana. Mr. Speak- the $67 million in outlays over the next To the extent, after we pass this leg- er, on that I demand the yeas and nays. 5 years in the Senate text before us, islation and it is signed into law, that The yeas and nays were ordered. the provisions of that bill would have the statement takes its appropriated The SPEAKER pro tempore. Pursu- resulted in less than $1 million in po- resources and uses some of those re- ant to clause 8 of rule XX and the tential costs. sources to develop the strategic plan to Chair’s prior announcement, further The Republican alternative proposed work with these organizations for what proceedings on this motion will be the following: the gentleman himself concedes is a postponed.

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.143 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8475 REPORT ON RESOLUTION PRO- Whereas this directive contains several ar- nity who allegedly participated in dem- VIDING FOR CONSIDERATION OF ticles that seriously interfere with religious onstrations; SENATE AMENDMENT TO HOUSE freedom and impose heavy government con- Whereas according to the United States AMENDMENT TO SENATE trol on religious activities; Commission on International Religious Free- Whereas, on September 15, 2004, the State dom 2008 Annual Report, religious freedom AMENDMENT TO H.R. 4853, TAX Department added Vietnam to the CPC list advocates and human rights defenders RELIEF, UNEMPLOYMENT INSUR- and Ambassador at Large for International Nguyen Van Dai, Le Thi Cong Nhan, and Fr. ANCE REAUTHORIZATION, AND Religious Freedom, John Hanford, stated, Thaddeus Nguyen Van Ly are in prison under JOB CREATION ACT OF 2010 ‘‘at least 45 religious believers remain im- Article 88 of the Criminal Code and Fr. prisoned . . . Protestants have been pres- Mr. POLIS (during consideration of Nguyen Van Loi is being held without offi- sured by authorities to renounce their faith, cial detention orders under house arrest; S. 987), from the Committee on Rules, and some have been subjected to physical Whereas at least 15 individuals are being submitted a privileged report (Rept. abuse.’’; detained in long term house arrest for rea- No. 111–682) on the resolution (H. Res. Whereas to avoid possible sanctions or sons related to their faith, including the 1766) providing for consideration of the other ‘‘commensurate actions’’ rec- most venerable Thich Quang Do and most of Senate amendment to the House ommended by section 405(a)(b) of the IRFA, the leadership of the UBCV; amendment to the Senate amendment in May 2005 the United States and Vietnam Whereas according to United States Com- reached a ‘‘binding agreement’’ consistent mission on International Religious Freedom to the bill (H.R. 4853) to amend the In- with section 405(c) of the IRFA; ternal Revenue Code of 1986 to extend 2008 Annual Report, there are still too many Whereas although the terms of that ‘‘bind- abuses of and restrictions on religious free- the funding and expenditure authority ing agreement’’ have never been fully pub- dom; of the Airport and Airway Trust Fund, licized, the United States Commission on Whereas UBCV monks and youth groups to amend title 49, United States Code, International Religious Freedom 2006 Annual leaders are harassed and detained and chari- to extend authorizations for the air- Report stated that the United States agreed table activities are denied, Vietnamese offi- port improvement program, and for to lift the CPC designation if the Govern- cials discriminate against ethnic minority ment of Vietnam fully implemented legisla- other purposes, which was referred to Protestants denying medical, housing, and tion on religious freedom and rendered pre- education benefits to children and families, the House Calendar and ordered to be vious contradictory regulations obsolete, in- printed. an ethnic minority Protestant was beaten to structed local authorities strictly and com- death for refusing to recant his faith, over f pletely to adhere to the new legislation to 600 Hmong Protestant churches are refused ensure compliance, facilitated the process by legal recognition or affiliation, leading to CALLING ON STATE DEPARTMENT which religious congregations are able to harassment, detentions, and home destruc- TO LIST VIETNAM AS A RELI- open houses of worship, and gave special con- tions, and a government handbook on reli- GIOUS FREEDOM VIOLATOR sideration to prisoners and cases of concern gion instructs government officials to con- raised by the United States during the grant- trol existing religious practice, halt ‘‘enemy Mr. BERMAN. Mr. Speaker, I move ing of prisoner amnesties; forces’’ from ‘‘abusing religion’’ to under- Whereas the Unified Buddhist Church of to suspend the rules and agree to the mine the Vietnamese Government, and Vietnam (UBCV), the Hoa Hao Buddhists, resolution (H. Res. 20) calling on the ‘‘overcome the extraordinary growth of Prot- and the Cao Dai groups continue to face un- State Department to list the Socialist estantism.’’; warranted abuses because of their attempts Republic of Vietnam as a ‘‘Country of Whereas since August 2008, the Vietnamese to organize independently of the Vietnamese Government has arrested and sentenced at Particular Concern’’ with respect to re- Government, including the detention and im- least eight individuals and beaten, tear- ligious freedom, as amended. prisonment of individual members of these gassed, harassed, publicly slandered, and The Clerk read the title of the resolu- religious communities; threatened Catholics engaged in peaceful ac- tion. Whereas villagers of Con Dau, Da Nang, have suffered severe violence, including beat- tivities seeking the return of Catholic The text of the resolution is as fol- Church properties confiscated by the Viet- lows: ings with batons and electric rods during a May 2010 incident, at the hands of Viet- namese Government after 1954 in Hanoi, in- H. RES. 20 namese Government officials for attempting cluding in the Thai Ha parish; Whereas the Secretary of State, under the to protect their historic Catholic cemetery Whereas in September 2008, immediately International Religious Freedom Act of 1998 and other parish properties from an at- preceding a visit by Deputy Secretary of (IRFA) and its amendment in 1999, and under tempted government forced sale of these State, John Negroponte, Vietnam arrested authority delegated by the President, des- properties; five journalists and human rights defenders, ignates nations found guilty of ‘‘particularly Whereas over the last 3 years, 18 Hoa Hao including two journalists and bloggers re- severe violations of religious freedom as Buddhists have been arrested for distributing portedly covering the prayer vigils held by ‘Countries of Particular Concern’ ’’ (CPC); sacred texts or publically protesting the reli- Catholics in Hanoi; and Whereas when the United States des- gious restrictions placed on them by the Vi- Whereas the United States Commission on ignates a nation as a CPC, the intent is to etnamese Government, at least 12 remain in International Religious Freedom, prominent place protection and promotion of religious prison, including 4 sentenced in 2007 for stag- nongovernmental organizations, and rep- freedom as a diplomatic priority in bilateral ing a peaceful hunger strike; resentative associations of Vietnamese- relations, including taking actions specified Whereas five members of the Cao Dai reli- American, Montagnard-American, and in section 405(a)(b)(c) of the IRFA; gious community remain in prison for dis- Khmer-American organizations have called Whereas in November 2006, the State De- tributing materials in Cambodia critical of for the redesignation of Vietnam as a CPC: partment announced that the CPC designa- the Vietnamese Government’s restrictions Now, therefore, be it tion was lifted from the Socialist Republic of on Cao Dai religious practice, for this action Resolved, That the House of Representa- Vietnam; they were sentenced to up to 13 years impris- tives— Whereas in explaining the lifting of the onment; (1) strongly encourages the Department of designation, State Department officials have Whereas five Khmer Buddhists were ar- State to place Vietnam on the list of ‘‘Coun- stated that Vietnam ‘‘has turned a corner rested in February 2007 for organizing peace- tries of Particular Concern’’ for particularly . . . and has what looks like religious free- ful demonstrations opposing the restriction severe violations of religious freedom; dom’’ and that Vietnam ‘‘does not meet the of language training and ordination cere- (2) strongly condemns the ongoing and criteria for a severe violator of religious monies for Khmer Buddhist monks; egregious violations of religious freedom in freedom’’ under terms set by the IRFA; Whereas Protestants continue to face beat- Vietnam, including the detention of reli- Whereas the criteria for designating coun- ings and other ill-treatment, harassment, gious leaders and the long-term imprison- tries as a CPC, as set forth in section 3(11) of fines, threats, and forced renunciations of ment of individuals engaged in peaceful ad- the IRFA, are for ‘‘systematic, ongoing, and faith; vocacy; and egregious violations of religious freedom in- Whereas according to Human Rights (3) calls on Vietnam to lift restrictions on cluding violations, such as—(A) torture or Watch, 355 Montagnard Protestants remain religious freedom and implement necessary cruel, inhuman, or degrading treatment of in prison, arrested after 2001 and 2004 dem- legal and political reforms to protect reli- punishment; (B) prolonged detention without onstrations for land rights and religious free- gious freedom. charges; (C) causing the disappearance of dom in the Central Highlands; The SPEAKER pro tempore. Pursu- persons by the abduction or clandestine de- Whereas according to the United States ant to the rule, the gentleman from tention of those persons; and (D) other fla- Commission on International Religious Free- California (Mr. BERMAN) and the gen- grant denial of the right of life, liberty, or dom, there are reports that some the security of persons.’’; Montagnard Protestants were imprisoned be- tleman from Indiana (Mr. BURTON) Whereas in 2004, the Vietnamese National cause of their religious affiliation or activi- each will control 20 minutes. Assembly issued Directive 21/2004/PL– ties or because religious leaders failed to in- The Chair recognizes the gentleman UBTVQH11 to regulate religious activities; form on members of their religious commu- from California.

VerDate Mar 15 2010 07:28 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.145 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8476 CONGRESSIONAL RECORD — HOUSE December 15, 2010 GENERAL LEAVE der of the time to the chairman of the In its 2010 annual report, the U.S. Mr. BERMAN. Mr. Speaker, I ask Asia and Pacific Islands Subcommittee Commission on International Religious unanimous consent that all Members of the House Foreign Affairs Com- Freedom found as follows: may have 5 legislative days to revise mittee, Mr. FALEOMAVAEGA. ‘‘Vietnam’s overall human rights and extend their remarks and include I reserve the remainder of my time. record remains poor and has deterio- extraneous material on the resolution The SPEAKER pro tempore (Mr. rated.’’ They cite police officers and under consideration. TONKO). Without objection, the gen- plainclothesmen and the Religious Se- The SPEAKER pro tempore. Is there tleman from American Samoa will con- curity Police—yes, the Religious Secu- objection to the request of the gen- trol the time. rity Police—routinely harassing and tleman from California? There was no objection. intimidating those who pray outside of government-approved religions. They There was no objection. b 2010 Mr. BERMAN. Mr. Speaker, I rise in cite beatings with electric batons, sex- support of this resolution and yield Mr. BURTON of Indiana. Mr. Speak- ual assault of monks, and confiscation myself such time as I may consume. er, I yield 5 minutes to our very good of property and forced evictions. This resolution calls on the State De- friend and colleague, the ranking mem- While the State Department has doc- partment to list the Socialist Republic ber of the Foreign Affairs Sub- umented some of these abuses, real ac- of Vietnam as a ‘‘Country of Particular committee on Terrorism, Nonprolifera- tion is needed. By re-listing Vietnam Concern’’ with respect to religious free- tion and Trade, the author of the meas- as a CPC, as this resolution instructs, dom. ure, Mr. ROYCE of California. the State Department could bring I want to thank my colleague, Con- Mr. ROYCE. Mr. Speaker, as author about real change. In addition to the gressman ED ROYCE of California, for of this resolution, I rise in support of naming and shaming aspect of the re- introducing this important resolution. House Resolution 20, calling on the port, a wide range of sanctions, from This year marks 15 years since the State Department to list the Socialist limitations on foreign aid to denial of normalization of diplomatic relations Republic of Vietnam as a Country of visas for those in the government, can between the United States and Viet- Particular Concern with respect to re- be levied on the regimes that carry out nam. Bilateral relations have deepened ligious freedom. these abuses. Unfortunately, the in recent years with Hanoi emerging as I also want to say I appreciate very Obama administration hasn’t used this an important partner in ensuring a much the assistance of Chairman BER- tool. This will make that tool avail- peaceful and secure Asia-Pacific re- MAN in bringing this to the House floor, able. gion. the assistance of Ranking Member Some will ask if a CPC redesignation We have seen close cooperation on a ROS-LEHTINEN, and Mr. BURTON, but can have any impact. Well, let’s look number of important fronts, including also the assistance of Congressman Jo- at the prior experience on this. After regional security and nonproliferation. seph Cao in his support and his concern being listed as a CPC in 2004, Vietnam Unfortunately, the lack of progress in about this issue. immediately released several promi- the area of protecting basic rights and I would like to share with the Mem- nent dissidents and democracy advo- civil liberties enshrined in Vietnam’s bers in this body today that the House cates, and issued ordinances that pro- constitution remains an impediment to of Representatives has an opportunity hibited the forced renunciation of our bilateral ties. to send a very strong message to the faith. These were concrete results Since the Bush administration lifted Communist government in Vietnam. achieved with a CPC designation, and the ‘‘Country of Particular Concern’’ And that message, if we pass this reso- more can be achieved with a re-listing designation for Vietnam in November lution, is that its abuses against peace- of Vietnam. Sadly, after Vietnam was of 2006, freedom of religion and expres- ful religious practitioners of all faiths permanently removed from the list in sion have come under increasing at- and all creeds are unacceptable. 2006, religious freedom and tolerance tack. Hanoi has tightened its control of As we reflect for a minute on some of has been on a continuous downward religious organizations with numerous the conditions that those who practice slide. The Vietnam War is history. We have reports documenting physical harass- their faith have to contend with in deepening relations with Vietnam. But ment, intimidation, surveillance, sei- Vietnam, you think about the 350 that fact doesn’t mean we should zure of church properties, arrests, and Montagnard Christians who remain im- prisoned for their beliefs, other reli- short-change religious liberty. Frank- other forms of ill treatments made ly, we know that raising these issues gious groups like the Unified Buddhist against Catholics, Protestants, Khmer with Hanoi isn’t on the top of our dip- Church of Vietnam, the Hoa Hao Bud- Buddhists, and others. lomats’ list. They are uncomfortable dhists, the Cao Dai Buddhists. They As Secretary Clinton rightfully noted with raising these human rights face severe persecution from the Com- during her visit to Hanoi this October, abuses. But by putting Vietnam on this munist government of Vietnam. the United States takes notice of these list, where it belongs, we are at least Recently, residents of Con Dau, Da curbs on religious freedom in Vietnam. giving promoting religious freedom a Nang, have suffered severe violence, in- Two recent events stand out as par- chance of being part of our policy to- cluding beatings with batons, beatings ticularly egregious. wards Vietnam. First is the dispute at Bat Nha pa- with electric rods during a May assault Mr. Speaker, it is time to put the goda last September, when 400 monks at the hands of Vietnamese govern- House on record in support of the Viet- and nuns were assaulted and forcibly ment officials. And what was the namese people and religious freedom in evicted. The majority of these monks charge? Attempting to protect their Vietnam. Indeed, the right to freely and nuns have subsequently left Viet- historic Catholic cemetery from gov- practice your religion is a universal sa- nam due to a lack of protection by the ernment seizure. cred right. government. I met with the Venerable Thich Mr. FALEOMAVAEGA. Mr. Speaker, More recently, this May, several hun- Quang Do in Vietnam. I had several I reserve the balance of my time. dred Vietnamese Catholic villagers in conversations with him. He was under Mr. BURTON of Indiana. Mr. Speak- Con Dau were attacked by tear gas and house arrest. He has spent the last 33 er, I yield 6 minutes to my very good bullets, during a funeral procession, for years of his life either in prison or friend from Louisiana (Mr. CAO). refusing to relocate as the government under house arrest. Mr. CAO. Mr. Speaker, the Inter- had ordered. Several detainees have I think for a minute about Pastor national Religious Freedom Act, or been held incommunicado since May Nguyen Cong Chinh whose picture is IRFA, requires the U.S. Commission on and have not been allowed to visit right here. He has been interrogated International Religious Freedom to their families. more than 300 times, he has been beat- prepare an annual report on the state I urge my colleagues to support this en over 20 times, and this is a photo- of religious freedom throughout the resolution and stand up for religious graph after one of those beatings. He is world. IRFA also provides that any freedom in Vietnam. one of the many faces, I would say bat- country which commits systematic, I will be handing over the manage- tered faces, of religious freedom in ongoing, and egregious violations of re- ment of this legislation for the remain- Vietnam. ligious freedom be placed on a list of

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00122 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.146 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8477 countries of particular concern, or Almost as a rule, all land disputes savagely beaten to death for his faith CPC, which opens these nations up to against the Catholic Church in Viet- by the Vietnamese police. His brother, economic sanctions by the United nam result in violence. A great number Tai Nguyen, testified at an August States. of Catholic institutions in North Viet- Tom Lantos Human Rights Commis- After several years of urging from nam have been seized in the 1950s and sion hearing that police repeatedly the U.S. Commission on International in South Vietnam since the takeover in kicked his brother in the chest and the Religious Freedom, Vietnam was even- 1975. back and on his temples. Of course, tually designated a Country of Par- that means there are fewer marks on ticular Concern in 2004 and 2005, and b 2020 the face, but his body was riddled with this designation led to modest but un- Parishioners of Thai Ha Church in punches and broken bones. precedented improvements in the gov- Hanoi were beaten by police and gov- ‘‘Blood,’’ he said, ‘‘poured out of his ernment’s treatment of worshippers. ernment thugs while attending a pray- nose and ears.’’ Tai said his brother Since 2006, however, the U.S. State er vigil for the return of the church’s told his wife he couldn’t handle the Department has declined to designate properties. They also proceeded to beatings anymore. The wife, seeing her Vietnam as a CPC, and during the en- desecrate or destroy religious symbols husband’s broken body, kneeled in suing 4 years there have been no fur- and properties. Those who were per- front of the police and begged them to ther significant improvements and ceived to be leaders of these protests stop. In response, they punched and even some backtracking in the were arrested. This pattern of abuse kicked him again and again and again, progress made on the ability for those has been repeated the last few years at and Nam Nguyen died in his wife’s of faith to freely practice their reli- parishes, including Dong Chiem and arms, this man right here. gion. the St. Paul of Chartres Monastery in What was Nam Nguyen’s alleged The October 2009 report of the U.S. the Diocese of Vinh Long. crime? His faith in Jesus Christ and his Commission on International Religious More recently, the government of Da devotion to his Catholic parish. The en- Freedom found: Nang City ordered the Catholic town of tire Catholic community and its prop- ‘‘There continue to be far too many Con Dau, among surrounding towns, to erty in Con Dau, you see, is in the proc- serious abuses and restrictions of reli- vacate their homes, farmlands, and ess of being confiscated or stolen by gious freedom in Vietnam. Individuals their historic cemetery to make way the Vietnamese authorities. The faith- continue to be imprisoned or detained for a high-end resort to be built by a ful are a ripe target for the atheistic for reasons related to their religious joint venture with private companies. Government of Vietnam. The proxi- activity or religious freedom advocacy. When the people of Con Dau resisted mate cause for the crackdown and un- Police and government officials are not the order, violence broke out during speakable violence was the May 4 fu- held fully accountable for abuses; inde- the funeral procession of a member of neral of an elderly woman and an at- pendent religious activity remains ille- the parish. The police seized the casket tempt to bury her in the town’s Catho- gal; and legal protection for govern- and cremated the body of the deceased, lic cemetery. ment-approved religious organizations against her last wish. Many members Nam Nguyen was a pallbearer when are both vague and subject to arbitrary of the funeral procession were beaten, the police busted up the funeral proces- or discriminatory interpretation based arrested, convicted and sentenced to sion of over 1,000 people, beating over on political factors.’’ prison on trumped-up charges. Others 100 mourners, arresting dozens, and de- ‘‘In addition, improvements experi- have fled the country and are seeking liberately beating two pregnant women enced by some religious communities asylum. Mr. Nguyen Nam, a member of so as to kill their unborn babies. They are not experienced by others, includ- the funeral procession, was interro- even tried to take the casket. The ing the Unified Buddhist Church of reign of terror on this 85-year-old gated numerous times and died after Vietnam, independent Hoa Hao, Cao Catholic community continues to this severe beatings. Dai, and Protestant groups, and some day. At least two remain in prison, and Mr. Speaker, does anyone in this dis- ethnic minority Protestants and Bud- the persecution shows no sign of abat- tinguished Chamber doubt the need for dhists. Also, over the past year prop- ing. erty disputes between the government us to take action? How can we as a Na- What happened in Con Dau isn’t an and the Catholic Church in Hanoi led tion stand by idly while a government isolated incident. According to the U.S. to detention, threats, harassment, and that we increasingly supported with Commission on International Religious violence by contract thugs against improved ties over the past 15 years Freedom, its annual 2010 report, ‘‘Prop- peaceful prayer vigils and religious commits such atrocities against its erty disputes between the government leaders.’’ own people? and the Catholic Church continue to There are disturbing reports from the As a Vietnamese American, I ask for lead to harassment, property destruc- northern highland of public officials the passage of House Resolution 20, tion and violence, sometimes by con- forcing believers to renounce their calling on the State Department to list tract thugs hired by the government to faith and documented cases in the cen- the Socialist Republic of Vietnam as a break up peaceful prayer vigils.’’ Now tral highland of religious prisoners Country of Particular Concern. we know that includes funerals as well. being taken. Elsewhere, violent actions Mr. FALEOMAVAEGA. Mr. Speaker, Other faith communities have seen a against Catholics at Tam Toa, Bau I continue to reserve the balance of my significant spike in harassment, perse- Sen, Loan Ly, and against Buddhists at time. cution, confiscation, and violence as Bat Nha and Phuoc Hue seem to have Mr. BURTON of Indiana. Mr. Speak- well. increased in frequency and intensity. er, I yield 5 minutes to one of the great Mr. Speaker, in 2005, I led a human More systematically, property sei- advocates of human rights, not only in rights mission to Hanoi, Hue and Ho zure has been used as a means to con- Vietnam but around the world, a leader Chi Minh City. I met with almost 60 trol religious practice. Since the com- on the Foreign Affairs Committee, the pastors, priests and leading Buddhists, plete takeover of South Vietnam in gentleman from New Jersey (Mr. including the Venerable Thich Quang 1975, the Communist government of SMITH). Do, who was under pagoda arrest. All Vietnam has seized many religious in- Mr. SMITH of New Jersey. Mr. expressed hope and varying degrees of stitutions and effectively banned their Speaker, I thank my good friend for optimism due to an apparent easing of existence. A prime example is the com- yielding. I want to thank Mr. ROYCE for religious persecution in Vietnam. plete property seizure of the Unified this very, very important and timely U.S. Ambassador at Large for Inter- Buddhist Church of Vietnam in 1981, resolution, and both the chairman and national Religious Freedom John Han- leading to its dissolution. The Unified ranking member, Chairman BERMAN ford told us that there were promises of Buddhist Church of Vietnam has been and ILEANA ROS-LEHTINEN, for bringing further reform made and what he outlawed since, and its religious lead- this very, very important resolution to called ‘‘deliverables,’’ concrete actions ers have been constantly harassed. the floor as the session winds down. by the Vietnamese Government that it Other religions such as the Hoa Hao Mr. Speaker, in early July, Nam said it would do in the area of religious Buddhist and the Cao Dai have suffered Nguyen, this is Nam Nguyen right freedom, coupled with a trade agree- a similar fate. here, a Catholic from Con Dau, was ment, and all of that led to the lifting

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.148 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8478 CONGRESSIONAL RECORD — HOUSE December 15, 2010 of the Country of Particular Concern, reflected in the resolution, which was gious country with all major religions or CPC, designation. introduced almost 2 years ago, it is present, including Buddhism, Christi- Do you know what happened then? based on what I believe is information anity, Protestantism, and Islam. Viet- Hanoi responded with a massive retal- that somewhat did not indicate the nam boasts the second largest Chris- iation against both political and reli- progress that Vietnam has made over tian population in Southeast Asia. gious believers. Signers of Bloc 8406, the recent years. Vietnam has approximately 22.3 mil- the magnificent human rights mani- lion religious followers, accounting for b 2030 festo promoting respect for the rule of one-fifth of the population, and over law and nonviolence, a manifesto that I think if we look at the statement 25,000 religious worship establishments. parallels China’s Charter 08 and that was made by our current Ambas- According to the Vietnamese Govern- Czechoslovakia’s Charter 77, were sador to Vietnam, U.S. Ambassador to ment, so far the government has recog- hunted down methodically and impris- Vietnam, Mr. Michael Michalak, in his nized 15 new religious organizations, oned. Many religious believers who ex- speech that he gave before the Human including seven Protestant denomina- pected a thaw and reform and openness Rights Day Event at the U.S. Embassy tions, making the total of recognized were arrested and in some cases re- and the American Center of Vietnam religions 32. The state has assisted in arrested and sent to prison. just this month, a couple of weeks ago, the publication of the Bible in four eth- Father Ly, this man here, is a Catho- ‘‘Another area where over the past 3 nic minority languages, including lic priest and a prisoner of conscience years I have seen strong improvements Bana, Ede, Giarai, and H’Mong, and fa- for 17 years in jail, a man who com- is religious freedoms where individuals cilitated the construction and recon- mitted no crimes. I met Father Ly are now largely free to practice their struction of over 150 religious estab- when he was under house arrest in Hue. deeply felt convictions. Pagodas, lishments. He was rearrested in 2007, held in con- churches, temples, and mosques Vietnam has four Buddhist Acad- finement and denied emergency med- throughout Vietnam are full. Improve- emies, 32 Buddhist schools, hundreds of ical attention. So bad is he that even ments include increased religious par- classes on Buddhism, six grand sem- inaries, and one Protestant seminary. the Vietnamese let him out under kind ticipation, large-scale religious gath- 1,177 religious leaders are actively par- of a humanitarian parole, but he is still erings—some with more than 100,000 participants, growing numbers of reg- ticipating in social management. under arrest. The Vietnam Episcopal Council offi- Look at this picture of him taken at istered and recognized religious organi- cials attended the ad limina at the trial. Look at the animosity in the zations, increasing number of new Vatican. Thousands of Catholic fol- eyes of these guards. And when they churches and pagodas, and bigger in- lowers in Vietnam joined a range of ac- get behind closed doors, Mr. Speaker, volvement of religious groups in chari- table activities. President Nguyen tivities to celebrate the 2010 Jubilee they beat and they break bones and Year, including 300 years of the pres- they break heads, and it leads to death Minh Triet also met with Pope Bene- dict XVI at the Vatican, and Vietnam ence of Catholicism and 50 years of the or permanent maiming. establishment of Catholic hierarchy in The SPEAKER pro tempore. The and the Holy See agreed to a Vatican appointment of a nonresident rep- the country. In June, Vietnam and the time of the gentleman has expired. Vatican agreed to promote the process Mr. BURTON of Indiana. I yield the resentative for Vietnam as a first step of establishing diplomatic relations, gentleman an additional 1 minute. towards the establishment of full diplo- and the Pope agreed to appoint a non- Mr. SMITH of New Jersey. Did CPC matic relations.’’ resident representative of the Holy See designation help mitigate religious Ambassador Michalak first said, ‘‘However, some significant problems for Vietnam. persecution prior to being lifted? It ap- The training and education of reli- remain, including occasional harass- pears so. The U.S. Commission on Reli- gious dignitaries and priests have been ment and excessive use of force by gious Freedom notes that Hanoi re- maintained and expanded. Throughout local government officials against reli- leased prisoners, it expanded some the country, there are around 17,000 gious groups in some outlying loca- legal protections for nationally recog- seminarians, and Buddhist monks and nized groups, and prohibited the policy tions. Specifically, there were several nuns are enrolled in religious training of forced renunciations, at least in problematic high-profile incidents over courses. Vietnam has four Buddhist some cases, and expanded the zone of the past year, including where the au- academies, of which the scale and toleration. thorities used excessive force against training quality are being raised. Congress, the President, and all of us Catholic parishioners in land disputes Thousands of Buddhist nuns and monks who espouse fundamental human rights outside of Hanoi at Dong Chiem parish also gathered for the great Buddhist ought to be outraged at Vietnam’s turn and outside of Da Nang at Con Dau par- Festival that marks the 1000th anniver- for the worse. We should stand with the ish. These incidents called into ques- sary of the Thang Long-Hanoi from oppressed, and not the oppressors. tion Vietnam’s commitment to the July 27 to August 2, and Vietnam is ac- President Obama should redesignate rule of law and hurt Vietnam’s other- tively preparing for the Summit of Vietnam a Country of Particular Con- wise positive image on religious free- World Buddhism at the end of this cern for its egregious violations of dom. Registration of protestant con- year. human rights. CPC, independently pre- gregations also remains slow and cum- In February of last year, the im- scribed by statute, the International bersome in some areas of the country, provement of religious freedom in Viet- Religious Freedom Act, has in the past particularly in the Northwest High- nam was acknowledged by the Vatican and can again be a very, very useful lands.’’ Under Secretary of State, Monsignor tool in promoting religious liberty. Even so, the U.S. Department of Pietro Parolin, the Pope’s Envoy, dur- Mr. FALEOMAVAEGA. I yield my- State has not found that these inci- ing his visit to Vietnam more than a self such time as I may consume. dents rise to the level of listing Viet- month after House Resolution 20 was Mr. Speaker, I want to thank my nam as a country of particular con- drafted and introduced. While I am no good friend, the gentleman from Indi- cern, and I am confident that while expert on Catholic relations with the ana, for our co-management of this im- recognizing and understanding the con- Vietnamese Government, I do believe portant legislation, and thank my col- cerns reflected by the resolution and we should seriously consider Monsignor leagues, Mr. ROYCE and Mr. CAO and the testimony of my colleagues, the Parolin’s views, since he is in a better my good friend Mr. SMITH, for their State Department will make a deter- position to speak for and on behalf of most eloquent statements concerning mination on CPC designation in keep- the Catholic Church, in my humble this proposed resolution. ing with the statutory requirements of opinion. I have no doubt in my mind in terms the International Religious Freedom For example, it is my understanding of the concerns that have been ex- Act rather than in some responsive that some of the claims, again, of my pressed by my colleagues, as well as consideration in terms of what we are friends of the resolution about the the substance of this proposed resolu- trying to do here this evening. Catholic Church stem from land dis- tion; but I do have some concerns. Despite isolated incidents which all putes and not necessarily religious dis- While I fully understand the concerns of us oppose, Vietnam is a multireli- putes at all. Regardless, the Catholic

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.149 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8479 Church is moving forward in estab- exile of over 10,000 Latter-Day Saints— leagues and I are talking about what lishing better relations with Vietnam. all United States citizens—had on happened 2 months ago in terms of peo- If one were to single out the U.S. those before and yet to come, I am ple losing their lives in Vietnam be- Government’s mishandling of the Waco firmly rooted in the belief that each of cause they are speaking out for reli- siege in 1993, we might find ourselves us should be allowed to claim the privi- gious freedom. at the receiving end of this resolution lege of worshiping Almighty God ac- Lastly, in terms of what was shared if other countries had chosen to take cording to the dictates of our own con- with me by the Venerable Thich Quang us to task when the United States Bu- science, and allow all men the same Do, he said, They are not allowing us reau of Alcohol, Tobacco, Firearms, privilege. Let them worship how, to practice our Buddhist faith. The and Explosives failed to execute a where, or what they may. Communist government is trying to search warrant at the Branch Davidian So while I agree in principle in change the faith. That is why we are Ranch in Mount Carmel, located 9 speaking up for religious freedom, Mr. speaking out. miles east-northeast of Waco, Texas, at Speaker, and I do with utmost respect, Mr. FALEOMAVAEGA. I yield my- which time the siege was initiated by my colleagues and those who worked so self such time as I may consume. the Federal Bureau of Investigation, hard in bringing this resolution to the Mr. Speaker, I just want to say for which ended 50 days later with the floor—this year we are celebrating 15 the record and to make absolutely death of 76 people, including more than years of diplomatic relations with clear that in no way do I have any dis- 20 children. Vietnam. As one who served during the agreements with the concerns and the This said, Mr. Speaker, Vietnam rec- Vietnam War at the height of the Tet statements made by my colleagues and ognizes that it has work to do, and Offensive, I know we have come a long of their honest opinions and assess- Vietnam is trying to improve its record way, and I sincerely hope that we ments as to the situation of religious on all fronts. ought to continue making this a better freedom in Vietnam. Last month, I was in Hanoi, where I effort to establish good relations with I have no further requests for time, met with His Excellency Mr. Nguyen this country. and I reserve the balance of my time. Van Son, chairman of the Foreign Af- On the matter of human rights, I Mr. BURTON of Indiana. May I make fairs Committee, National Assembly of hope we will also consider that the U.S. an inquiry of my colleague, Mr. Speak- the Socialist Republic of Vietnam, and cannot assume, Mr. Speaker, the moral er. His Excellency Mr. Ngo Quang Xuan, high ground when it comes to Vietnam. Do you have any time you would like vice-chairman of the Foreign Affairs b 2040 to yield to our side? Committee of the National Assembly Mr. FALEOMAVAEGA. In the spirit What I mean by this is, from 1961 to of the Socialist Republic of Vietnam. of democracy and bipartisanship, I 1971, the United States Government’s We had serious discussions about reli- would glad to yield 1 minute to my col- military sprayed more than 11 million gious freedom, and I can assure my col- league from Indiana. gallons of Agent Orange in Vietnam, leagues that there is a strong commit- Mr. BURTON of Indiana. I thank the subjecting millions of innocent civil- ment on the part of the Vietnamese gentleman for yielding. I will let Mr. ians to dioxin, which is a toxin known Government to respect and facilitate SMITH of New Jersey take that 1 to be one of the deadliest chemicals religious freedom, and the central gov- minute and I thank him for his gen- ever made by man. Despite the suf- ernment is working with the local gov- erosity. fering that has occurred ever since, ernment to bring about this change. Mr. SMITH of New Jersey. I thank Having visited Vietnam five times, there seems to be no real interest on my friend for yielding. Mr. Speaker, during my tenure as the part of our government to clean up Mr. Speaker, worldwide, Communist chairman of this subcommittee, I have the mess that we left behind. dictatorships either crush or seek to I believe we can and should do better. also personally worshipped in Catholic control religious organizations. I have For this reason, Mr. Speaker, I reluc- parishes with local Vietnamese and, in seen this in my 30 years as a Member of tantly oppose the resolution. Congress. the case of my own church, I can verify I reserve the balance of my time. I remember in the early 1980s how the that the Government of Vietnam has Mr. BURTON of Indiana. May I in- Romanian apologists, as MSM was been very supportive of the LDS quire of the Chair how much time we coming up for renewal every year, Church as it seeks to establish official have on each side. recognition in accordance with the The SPEAKER pro tempore. The gen- would rush over and meet with Mem- laws of that country. tleman from Indiana has 3 minutes re- bers of Congress. They would have very As a member of the LDS Church, I maining. The gentleman from Amer- slick talking points about the number am always reluctant to oppose any res- of churches and about the number of ican Samoa has 51⁄2 minutes remaining. olution dealing with religious freedom Mr. BURTON of Indiana. At this believers in Romania. All the while, because the Church of Jesus Christ of time, I yield 1 additional minute to my people were suffering in the prisons, or Latter-Day Saints is the only religion, colleague from California (Mr. ROYCE). the gulags, people who happened to be Mr. Speaker, the only church in the Mr. ROYCE. I thank the gentleman pastors or believers; and it was all part United States against which an exter- for yielding. of a disinformation campaign. mination order was issued sanctioning Mr. Speaker, the U.S. Commission on I would say to my colleagues that mass removal or extermination against International Religious Freedom has Vietnam uses the exact same tactic. American citizens. The extermination one job, and that is to monitor reli- They will give you numbers. They will order was a military order signed by gious freedom around the world. The give you some fact sheets; but if you then Missouri Governor Lilburn W. conclusion they have come to is that are a believer who is not under the con- Boggs on October 27, 1838, directing the situation is so egregious in Viet- trol of that dictatorship and if you that the Mormons be driven from the nam today that that government needs happen to be part of the Unified Bud- State or be exterminated. to be put back on the Country of Par- dhist Church, like the Venerable Thich On June 25, 1976, after some 138 years, ticular Concern list now. Quang Do, and not the church or the Governor CHRISTOPHER BOND, who is What they cite as the reason, as the unified or the Buddhist temples that now a U.S. Senator, issued an execu- rationale, is that, over the past 2 years, are under the control of the govern- tive order rescinding the extermination those speaking out against restrictions ment, watch out. They will be knock- order, recognizing its legal invalidity on religious freedom and human rights ing on your door. You will either be and formally apologizing on behalf of continue to be arrested; they continue under pagoda arrest or find yourself in the people of the State of Missouri for to be detained. Over the past year, they prison. The same goes for the mon- the suffering it had caused the Latter- have said violence by contract thugs signors and the others who are Day Saints. I thank Senator BOND for against peaceful prayer vigils and reli- evangelicals who are finding them- this. gious leaders continues. As a matter of selves being severely repressed in Viet- Knowing the history of the LDS fact, they cite it is accelerating. nam. Church and the short-term and long- We are not talking about deaths that Members really have to back this res- term consequences that the forced occurred in 1838 right now. My col- olution.

VerDate Mar 15 2010 07:20 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00125 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.151 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8480 CONGRESSIONAL RECORD — HOUSE December 15, 2010 Mr. FALEOMAVAEGA. Mr. Speaker, there that this is what America is all The Vietnamese people need to know that I reserve the balance of my time. about, that only in America is someone the U.S. stands with them and unequivocally Mr. BURTON of Indiana. As I under- of Congressman CAO’s caliber able to be supports and defends their right to exercise stand it, Mr. Speaker, I have 2 minutes elected as a Member of this body. their religious freedoms unimpeded. remaining. With that, I want to say that I am This resolution is long overdue. The SPEAKER pro tempore. That is very, very happy to see him, and I wish I urge my colleagues to offer their vigorous correct. him all the best in his future endeav- support. Mr. BURTON of Indiana. I am happy ors. Mr. FALEOMAVAEGA. Mr. Speaker, with to yield 1 minute to my good friend I reserve the balance of my time. reluctance, I rise today in opposition to H. from Louisiana (Mr. CAO). Mr. BURTON of Indiana. Mr. Speak- Res. 20, calling on the State Department to Mr. CAO. Thank you very much. er, in closing, I would just like to say list the Socialist Republic of Vietnam as a In this recent trip to Vietnam that I that I think it has been proven conclu- ‘‘Country of Particular Concern’’ with respect made with Chairman FALEOMAVAEGA, I sively by my colleagues here speaking to religious freedom. happened to visit my sister in the out- tonight that Christians, Buddhists and While I fully understand the concerns re- skirts of Saigon. I was there for about Catholics have been prodded with elec- flected in H. Res. 20, this Resolution, which 15 minutes. As soon as I left, guess who tric prods; they have been beaten; they was introduced almost two years ago on Janu- showed up? The police. The police have been gagged; and they have been ary 6, 2009, is based on out-dated information showed up and interrogated my broth- mistreated. that is not representative of Vietnam’s er-in-law. They asked him why we were There is a very strong concern among progress. there, how many people were there, many of us in Congress that the CPC Also, a nearly identical provision, which was what did we talk about. designation should be reimposed. If the also flawed, already passed the House as part Now, if they were to do that to a fam- State Department says that Hanoi in of H.R. 2410, the Foreign Relations Authoriza- ily member of a U.S. Congressman, Vietnam has turned a corner, the cor- tion Act, which begs the question—why are what would they do to the normal Vi- ner that it has turned is down a very we doing this again? etnamese citizen in Vietnam? dark alley, and we need to enlighten The passage of resolutions has real-world There are no protections whatsoever. that to let the Vietnamese people know consequences and impacts our relations with There is a difference between prac- that we stand with them for religious other countries. At a minimum, we should give ticing your religion and practicing freedom. thoughtful consideration to best ways forward your faith. In practicing religion, you I rise in vigorous support of this resolution and channel resolutions through the sub- can go in there and pray, which is which reiterates the call of the United States committees of jurisdiction so that agreements good; but practicing faith is when you Commission on International Religious Free- on language can be reached before we take have to advocate for people’s rights to dom that Vietnam be re-designated as a up these measures on the House floor. worship, for people’s rights to defend Country of Particular Concern, CPC. Regrettably, this was not the case with this their families, to defend their property, The State Department, when it lifted the resolution. The Subcommittee on Asia, the Pa- and to defend their faiths and their CPC designation for Vietnam, largely for com- cific and the Global Environment, which has views. In that regard, the Vietnamese mercial reasons, stated that Hanoi had ‘‘turned broad jurisdiction for U.S. policy affecting the Government has been lacking in every a corner.’’ region, was bypassed for the sake of main- aspect. Well, as the facts listed in this resolution taining a 2–1 ratio of majority to minority sus- Mr. FALEOMAVAEGA. I yield my- amply demonstrate, a corner was indeed pensions, and our own U.S. Ambassador to self such time as I may consume. turned when it comes to religious freedom in Vietnam, the Honorable Michael W. Michalak, Mr. Speaker, I want to compliment Vietnam and we then ended up in a grim, dark was not consulted. While I realize that we rep- and thank my colleague from Lou- alley. resent separate branches of government, I be- isiana. In fact, it was a high privilege This is the dark alley where the Vietnamese lieve Ambassador Michalak is in a better posi- and honor for me to be part of our con- regime’s security officers gagged prominent tion than any of us to know where Vietnam gressional delegation that visited Viet- advocate for religious freedom Father Ly stands in its progress regarding religious free- nam. (LEE) during his trial, a mere four months after dom. There were some very serious issues the State Department claimed Vietnam had Ambassador Michalak, in his remarks at the about even allowing my colleague from supposedly turned a corner. Human Rights Day Event held at the U.S. Em- Louisiana to come with us because, as This is the dark alley from which agents bassy and American Center in Vietnam on De- we all know, this government is not a sprang to detain a Norwegian citizen outside a cember 9, 2010, stated: democracy. It is still a Communist Buddhist monastery where she had gone to Another area where over the past three country, controlled by a party struc- present a prestigious human rights award. years I have seen strong improvements is re- This is the dark alley of the Communist re- ture very different from ours. ligious freedom where individuals are now gime in Vietnam where guests of a Congres- largely free to practice their deeply felt con- What I did insist on of the officials of sional delegation, invited by the United States victions. Pagodas, churches, temples and the Vietnamese Government was that, Ambassador to discuss human rights and reli- mosques throughout Vietnam are full. Im- if my friend Congressman CAO was not gious freedom, were blocked from entering his provements include increased religious par- going to come with me, then I wasn’t ticipation, large-scale religious gatherings— residence by armed Vietnamese police. going to go to Vietnam, and they did some with more than 100,000 participants, This is the dark alley where Protestants accede to our request. I think it was a growing numbers of registered and recog- have been beaten and Buddhist monks have real educational experience, even for nized religious organizations, increasing been harassed and detained. the Vietnamese officials, to see that number of new churches and pagodas, and This is the dark alley where members of a bigger involvement of religious groups in my good friend Congressman CAO was Catholic funeral procession last spring were charitable activities. President Nguyen Minh not a bad guy after all. I tried to stress beaten with batons and tortured with electric Triet also met with Pope Benedict XVI at the fact that, although we may belong rods. the Vatican, and Vietnam and the Holy See to two separate political parties with Can the State Department continue to agreed to a Vatican appointment of a non- different beliefs and understandings, it credibly claim that the Vietnamese regime has resident Representative for Vietnam as a doesn’t mean that we shouldn’t con- first step toward the establishment of full turned a corner on religious freedom and is on diplomatic relations. tinue to be friends. a positive trend? In the aftermath of our visit to Viet- If so, would State Department diplomats be Ambassador Michalak also expressed some nam, more than anything, I would say willing to walk the walk with Vietnamese concerns, which I also share. He stated: that the officials of the Vietnamese monks and priests around that corner to con- However, some significant problems re- Government were very impressed by front what lurks in the shadows beyond? main including occasional harassment and my good friend Congressman CAO—the The facts more than justify Vietnam’s re- excessive use of force by local government first Vietnamese American ever elected officials against religious groups in some designation as a country of particular concern outlying locations. Specifically, there were to this sacred body, as a Member of with regard to religious freedom. several problematic high-profile incidents this great institution. I am very proud The Vietnamese regime must be held ac- over the past year including where the au- as a fellow American to tell the 90- countable for its fundamental violations of reli- thorities used excessive force against Catho- some million Vietnamese people out gious rights. lic parishioners in land disputes outside of

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00126 Fmt 4634 Sfmt 9920 E:\CR\FM\K15DE7.154 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8481 Hanoi at Dong Chiem parish and outside of etnamese government, I do believe we should Knowing the history of the LDS Church and Danang at Con Dau parish. These incidents seriously consider Monsignor Parolin’s views the short-term and long-term consequences call into question Vietnam’s commitment to since he is better positioned to speak for and this forced exile of over 10,000 Later-day the rule of law and hurt Vietnam’s otherwise Saints had on those before and yet to come, positive image on religious freedom. Reg- on behalf of the Catholic Church rather than istration of Protestant congregations also Members of Congress whose information from I am firmly rooted in the belief that each of us remains slow and cumbersome in some areas third parties may be distorted. For example, it should be allowed to claim the privilege of of the country, particularly in the Northwest is my understanding that some of the claims worshipping Almighty God according to the Highlands. laid out in H. Res. 20 about the Catholic dictates of our own conscience, and allow all Even so, the U.S. Department of State has Church stem from land disputes and not reli- men the same privilege, let them worship how, not found that these incidents rise to the level gious disputes at all. where, or what they may. of listing Vietnam as Country of Particular Regardless, the Catholic Church is moving So, while I agree in principle with speaking Concern and I am confident that while recog- forward in establishing better relations with up for religious freedom and respect my col- nizing and understanding the concerns re- Vietnam, as are the Buddhists, although H. leagues who authored, co-sponsored, and flected in the Resolution, the State Depart- Res. 20 also mischaracterizes Vietnam’s rela- who will vote in favor of this resolution, in the ment will make a determination on CPC des- tionship with the Buddhists by singling out iso- case of H. Res. 20, I must oppose. This year, ignation in keeping with the statutory require- lated incidents. If one were to single out the the U.S. celebrated 15 years of diplomatic re- ments of the International Religious Freedom U.S. government’s mishandling of the Waco lations with Vietnam. As one who served dur- Act rather than in response to consideration, Siege in 1993, we might find ourselves at the ing the Vietnam War at the height of the Tet Offensive, I know we’ve come a long way and or passage, of this Resolution by the U.S. receiving end of a resolution like H. Res. 20 that resolutions like this don’t serve to move House of Representatives. if other countries had chosen to take us to Despite isolated incidents which all of us op- task when the United States Bureau of Alco- us forward but may have the opposite effect pose, Vietnam is a multi-religion country with hol, Tobacco, Firearms, and Explosives (ATF) when we fail to acknowledge sincere and all major religions present including Buddhism, failed to execute a search warrant at the measurable progress. On the matter of human rights, I hope we Christianity, Protestantism and Islam. Vietnam Branch Davidian ranch at Mount Carmel, lo- will also consider that the U.S. cannot assume boasts the second largest Christian population cated nine miles east-northeast of Waco, the moral high ground when it comes to Viet- in Southeast Asia. Vietnam has approximately Texas, at which time a siege was initiated by nam. From 1961 to 1971, the U.S. sprayed 22.3 million religious followers, accounting for the Federal Bureau of Investigation which more than 11 million gallons of Agent Orange one fifth of the population and over 25,000 re- ended 50 days later with the death of 76 peo- ple, including more than 20 children. in Vietnam, subjecting millions of innocent ci- ligious worship establishments. vilians to dioxin—a toxin known to be one of According to Vietnam, so far the govern- This said, Vietnam recognizes it has work to the deadliest chemicals made by man. Despite ment has recognized 15 new religious organi- do, and Vietnam is trying to improve its record the suffering that has occurred ever since, zations including 7 Protestant denominations, on all fronts. Last month, I was in Hanoi where there seems to be no real interest on the part making the total of recognized religions 32. I met with H.E. Mr. Nguyen Van Son, Chair- of the U.S. to clean up the mess we left be- The State has assisted the publication of the man of the Foreign Affairs Committee, Na- hind. Instead, we spend our time offering up Bible in 4 ethnic minority languages including tional Assembly of the Socialist Republic of resolutions like this which fail to make any- Bana, Ede, Giarai and H’Mong, and facilitated Viet Nam, and H.E. Mr. Ngo Quang Xuan, Vice-Chairman of the Foreign Affairs Com- thing right. I believe we can and should do the construction and reconstruction of over better and this is why I oppose H. Res. 20. 1,500 religious establishments. mittee, National Assembly of the Socialist Re- Mr. BURTON of Indiana. I yield back Vietnam has 4 Buddhist Academies, 32 public of Viet Nam. We had serious discus- the balance of my time. Buddhist schools, hundreds of classes on sions about religious freedom and I can as- Mr. FALEOMAVAEGA. I thank the Buddhism, 6 grand seminaries and one Pro- sure my colleagues that there is a strong com- gentleman from Indiana and, Mr. tectionist Seminary. 1,177 religious leaders mitment on the part of the Vietnamese Gov- Speaker, I yield back the balance of are actively participating in social manage- ernment to respect and facilitate religious free- my time. ment. dom, and the central government is working The SPEAKER pro tempore. The Vietnam Episcopal Council officials attended with the local government to bring about question is on the motion offered by Ad-limina at the Vatican. Thousands of Catho- change. the gentleman from California (Mr. lic followers in Vietnam joined a range of ac- Having visited Vietnam five times during my BERMAN) that the House suspend the tivities to celebrate the 2010 Jubilee Year in- tenure as Chairman of the Subcommittee on rules and agree to the resolution, H. cluding 300 years of the presence of Catholi- Asia, the Pacific and the Global Environment, Res. 20, as amended. cism and 50 years of the establishment of I have also personally worshipped in parishes The question was taken. Catholic hierarchy in the country. In June, with local Vietnamese and, in the case of my The SPEAKER pro tempore. In the Vietnam and the Vatican agreed to promote own Church, I can verify that the Government opinion of the Chair, two-thirds being the process of establishing diplomatic relations of Viet Nam has been very supportive of ef- in the affirmative, the ayes have it. and the Pope agreed to appoint a ‘‘non-resi- forts of The Church of Jesus Christ of Latter- Mr. FALEOMAVAEGA. Mr. Speaker, dent representative’’ of the Holy See for Viet- day Saints as it seeks to establish official rec- I object to the vote on the ground that nam. ognition in accordance with the laws of the a quorum is not present and make the The training and education of religious dig- land. point of order that a quorum is not nitaries and priests have been maintained and As a Member of The Church of Jesus-Christ present. expanded. Throughout the country, there are of Latter-day Saints (LDS), I am always reluc- The SPEAKER pro tempore. Pursu- around 17,000 seminarians and Buddhist tant to oppose any resolution dealing with reli- ant to clause 8 of rule XX and the monks and nuns are enrolled in religious train- gious freedom because The Church of Jesus Chair’s prior announcement, further ing courses. The Vietnam Buddhist has 4 Bud- Christ of Latter-day Saints is the only religion proceedings on this motion will be dhist Academies, of which the scale and train- in the United States against which an Extermi- postponed. ing quality are being raised. nation Order was issued sanctioning mass re- The point of no quorum is considered Thousands of Buddhist nuns and monks moval or death against American citizens. The withdrawn. also gathered for the Great Buddhist Festival Extermination Order was a military order f to mark the 1000th anniversary of Thang signed by Missouri Governor Lilburn W. Boggs b 2050 Long-Hanoi from July 27 to August 2, and on October 27, 1838 directing that the Mor- Vietnam is actively preparing for the Summit mons be driven from the state or APPROVING REGULATIONS TO IM- of World Buddhism at the end of the year exterminated. PLEMENT VETERANS EMPLOY- 2010. On June 25, 1976, after some 138 years, MENT OPPORTUNITIES In February 2009, the improvement of reli- Governor CHRISTOPHER S. BOND, who is now Mr. FALEOMAVAEGA. Mr. Speaker, gious freedom in Vietnam was acknowledged a U.S. Senator, issued an executive order re- I move to suspend the rules and agree by Vatican Undersecretary of State Monsignor scinding the Extermination Order, recognizing to the resolution (H. Res. 1757) pro- Pietro Parolin, the Pope’s Envoy, during his its legal invalidity and formally apologizing on viding for the approval of final regula- visit to Vietnam, more than a month after H. behalf of the state of Missouri for the suffering tions issued by the Office of Compli- Res. 20 was drafted and introduced. While I it had caused the Latter-day Saints, and I ance to implement the Veterans Em- am no expert on Catholic relations with the Vi- thank Senator BOND for this. ployment Opportunities Act of 1998

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.077 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8482 CONGRESSIONAL RECORD — HOUSE December 15, 2010 that apply to the House of Representa- (3) to 2 U.S.C. 1316a(3) shall be considered with the rulemaking procedure set forth in tives and employees of the House of to be a reference to section 4(c)(3) of the Vet- section 304 of the CAA (2 U.S.C. § 1384). The Representatives. erans Employment Opportunities Act of 1998; purpose of subparts B, C and D of these regu- The Clerk read the title of the resolu- (4) to 5 U.S.C. 2108(3)(c) shall be considered lations is to define veterans’ preference and to be a reference to section 2108(3)(C) of title the administration of veterans’ preference as tion. applicable to Federal employment in the The text of the resolution is as fol- 5, United States Code; (5) to the Americans with Disabilities Act Legislative branch. (5 U.S.C. § 2108, as applied lows: shall be considered to be a reference to the by the VEOA). The purpose of subpart E of H. RES. 1757 Americans with Disabilities Act of 1990; these regulations is to ensure that the prin- Resolved, (6) to the Soil Conservation and Allotment ciples of the veterans’ preference laws are in- SECTION 1. APPROVAL OF REGULATIONS. Act shall be considered to be a reference to tegrated into the existing employment and The regulations issued by the Office of the Soil Conservation and Domestic Allot- retention policies and processes of those em- Compliance on March 21, 2008, and stated in ment Act; and ploying offices with employees covered by section 4, with the technical corrections de- (7) to the Agricultural Adjustment Act the VEOA, and to provide for transparency scribed in section 3 and to the extent applied shall be considered to be a reference to the in the application of veterans’ preference in by section 2, are hereby approved. Agricultural Adjustment Act, reenacted with covered appointment and retention deci- SEC. 2. APPLICATION OF REGULATIONS. amendments by the Agricultural Marketing sions. Provided, nothing in these regulations (a) IN GENERAL.—For purposes of applying Agreement Act of 1937. shall be construed so as to require an em- ploying office to reduce any existing vet- the issued regulations as a body of regula- (d) OTHER CORRECTIONS.—In the issued reg- tions required by section 304(a)(2)(B)(i) of the ulations— erans’ preference rights and protections that Congressional Accountability Act of 1995 (2 (1) in section 1.102(g)(1) (in the regulations it may afford to preference eligible individ- U.S.C. 1384(a)(2)(B)(i)), the portions of the classified with an ‘‘H’’ classification), the uals. H Regs: (c) Scope of Regulations. The def- issued regulations that are unclassified or ‘‘and’’ at the end shall be disregarded; inition of ‘‘covered employee’’ in Section 4(c) classified with an ‘‘H’’ designation shall (2) section 1.102(g)(7) (in the regulations of the VEOA limits the scope of the statute’s apply to the House of Representatives and classified with an ‘‘H’’ classification) shall applicability within the Legislative branch. employees of the House of Representatives. be considered to have an ‘‘or’’ at the end; (b) DEFINITION.—In this section, the term The term ‘‘covered employee’’ excludes any (3) section 1.109 shall be considered to have employee: (1) whose appointment is made by ‘‘employee of the House of Representatives’’ an ‘‘and’’ after paragraph (a); has the meaning given the term in section the President with the advice and consent of (4) the second sentence of section 1.116 the Senate; (2) whose appointment is made 101 of the Congressional Accountability Act shall be disregarded; of 1995 (2 U.S.C. 1301), except as limited by by a Member of Congress within an employ- (5) section 1.118(b) shall be considered to the regulations (as corrected under section ing office, as defined by Sec. 101 (9)(A–C) of have an ‘‘and’’ after paragraph (2) rather 3). the CAA, 2 U.S.C. § 1301 (9)(A–C) or; (3) whose than paragraph (1); SEC. 3. TECHNICAL CORRECTIONS. appointment is made by a committee or sub- (6) a reference in sections 1.118(c)(1) and committee of either House of Congress or a (a) CURRENT NAMES OF OFFICES AND HEADS 1.120(b)(1) to veterans’ ‘‘preference eligible’’ joint committee of the House of Representa- OF OFFICES.—A reference in the issued regu- shall be considered to be a reference to lations— tives and the Senate; or (4) who is appointed ‘‘preference eligible’’; (1) to the Capitol Guide Board or the Cap- to a position, the duties of which are equiva- (7) sections 1.118(c) and 1.120(b) shall be lent to those of a Senior Executive Service itol Guide Service (which no longer exist) considered to have an ‘‘and’’ after paragraph position (within the meaning of section shall be considered to be a reference to the (1); and 3132(a)(2) of title 5, United States Code). Ac- Office of Congressional Accessibility Serv- (8) section 1.121(b)(6)(B) shall be considered cordingly, these regulations shall not apply ices; to have an ‘‘and’’ at the end. to any employing office that only employs (2) to the Capitol Police Board shall be individuals excluded from the definition of considered to be a reference to the Capitol SEC. 4. REGULATIONS. When approved by the House of Represent- covered employee. Police; atives for the House of Representatives, S Regs: (c) Scope of Regulations. The defi- (3) to the Senate Restaurants (which are these regulations will have the prefix ‘‘H.’’ nition of ‘‘covered employee’’ in Section 4(c) no longer public entities) shall be dis- When approved by the Senate for the Senate, of the VEOA limits the scope of the statute’s regarded; and these regulations will have the prefix ‘‘S.’’ applicability within the Legislative branch. (4) in sections 1.110(b) and 1.121(c), to the When approved by Congress for the other em- The term ‘‘covered employee’’ excludes any director of an employing office shall be con- ploying offices covered by the CAA, these employee: (1) whose appointment is made by sidered to be a reference to the head of an regulations will have the prefix ‘‘C.’’ the President with the advice and consent of employing office. In this draft, ‘‘H&S Regs’’ denotes the provi- the Senate; (2) whose appointment is made (b) CROSS REFERENCES TO PROVISIONS OF or directed by a Member of Congress within REGULATIONS.—A reference in the issued reg- sions that would be included in the regula- tions applicable to be made applicable to the an employing office, as defined by Sec. ulations— 101(9)(A–C) of the CAA, 2 U.S.C. § 1301 (9)(A–C) (1) in paragraphs (l) and (m) of section House and Senate, and ‘‘C Reg’’ denotes the provisions that would be included in the reg- or; (3) whose appointment is made by a com- 1.102, to subparagraphs (3) through (8) of mittee or subcommittee of either House of paragraph (g) of that section shall be consid- ulations to be made applicable to other em- ploying offices. Congress or a joint committee of the House ered to be a reference to paragraph (g) of of Representatives and the Senate; (4) who is that section; PART 1—Extension of Rights and Protec- tions Relating to Veterans’ Preference Under appointed pursuant to 2 U.S.C. § 43d(a); or (5) (2) in section 1.102(l), to subparagraphs (aa) who is appointed to a position, the duties of through (dd) of section 1.102(g) shall be con- Title 5, United States Code, to Covered Em- ployees of the Legislative Branch (section which are equivalent to those of a Senior Ex- sidered to be a reference to subparagraphs ecutive Service position (within the meaning (aa) through (dd) of that section (as specified 4(c) of the Veterans Employment Opportuni- ties Act of 1998) of section 3132(a)(2) of title 5, United States in the regulations classified with an ‘‘H’’ Code). Accordingly, these regulations shall SUBPART A—MATTERS OF GENERAL APPLICA- classification); not apply to any employing office that only BILITY TO ALL REGULATIONS PROMULGATED (3) in section 1.102(m), to subparagraphs employs individuals excluded from the defi- UNDER SECTION 4 OF THE VEOA (aa) through (ee) of section 1.102(g) shall be nition of covered employee. considered to be a reference to subpara- Sec. C Reg: (c) Scope of Regulations. The defi- graphs (aa) through (ee) of that section (as 1.101 Purpose and scope. nition of ‘‘covered employee’’ in Section 4(c) specified in the regulations classified with 1.102 Definitions. of the VEOA limits the scope of the statute’s an ‘‘S’’ classification); 1.103 Adoption of regulations. applicability within the Legislative branch. (4) in section 1.111(d), to section 1.102(o) 1.104 Coordination with section 225 of the The term ‘‘covered employee’’ excludes any shall be considered to be a reference to sec- Congressional Accountability employee: (1) whose appointment is made by tion 1.102(p); and Act. the President with the advice and consent of (5) in section 1.112, to section 1.102(h) shall SEC. 1.101. PURPOSE AND SCOPE. the Senate; (2) whose appointment is made be considered to be a reference to section (a) Section 4(c) of the VEOA. The Veterans by a Member of Congress or by a committee 1.102(i). Employment Opportunities Act (VEOA) ap- or subcommittee of either House of Congress (c) CROSS REFERENCES TO OTHER PROVI- plies the rights and protections of sections or a joint committee of the House of Rep- SIONS OF LAW.—A reference in the issued reg- 2108, 3309 through 3312, and subchapter I of resentatives and the Senate; or (3) who is ap- ulations— chapter 35 of title 5 U.S.C., to certain cov- pointed to a position, the duties of which are (1) to the Veterans Employment Opportu- ered employees within the Legislative equivalent to those of a Senior Executive nities Act shall be considered to be a ref- branch. Service position (within the meaning of sec- erence to the Veterans Employment Oppor- (b) Purpose of regulations. The regulations tion 3132(a)(2) of title 5, United States Code). tunities Act of 1998; set forth herein are the substantive regula- Accordingly, these regulations shall not (2) to 2 U.S.C. 43d(a) shall be considered to tions that the Board of Directors of the Of- apply to any employing office that only em- be a reference to section 105(a) of the Second fice of Compliance has promulgated pursuant ploys individuals excluded from the defini- Supplemental Appropriations Act, 1978; to section 4(c)(4) of the VEOA, in accordance tion of covered employee.

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00128 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.156 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8483 SEC. 1.102. DEFINITIONS. the advice and consent of the Senate; or (bb) office deems to satisfy the requisite min- Except as otherwise provided in these regu- whose appointment is made by a Member of imum job-related requirements of the posi- lations, as used in these regulations: Congress or by a committee or sub- tion. Where the employing office uses an en- (a) Accredited physician means a doctor of committee of either House of Congress or a trance examination or evaluation for a cov- medicine or osteopathy who is authorized to joint committee of the House of Representa- ered position that is numerically scored, the practice medicine or surgery (as appropriate) tives and the Senate; or (cc) who is ap- term ‘‘qualified applicant’’ shall mean that by the State in which the doctor practices. pointed to a position, the duties of which are the applicant has received a passing score on The phrase ‘‘authorized to practice by the equivalent to those of a Senior Executive the examination or evaluation. State’’ as used in this section means that the Service position (within the meaning of sec- (r) Separated under honorable conditions provider must be authorized to diagnose and tion 3132(a)(2) of title 5, United States Code). means either an honorable or a general dis- treat physical or mental health conditions The term covered employee includes an ap- charge from the armed forces. The Depart- without supervision by a doctor or other plicant for employment in a covered position ment of Defense is responsible for admin- health care provider. and a former covered employee. istering and defining military discharges. (b) Act or CAA means the Congressional (h) Covered position means any position (s) Uniformed services means the armed Accountability Act of 1995, as amended (Pub. that is or will be held by a covered employee. forces, the commissioned corps of the Public L. 104–1, 109 Stat. 3, 2 U.S.C. §§ 1301–1438). (i) Disabled veteran means a person who Health Service, and the commissioned corps (c) Active duty or active military duty was separated under honorable conditions of the National Oceanic and Atmospheric Ad- means full-time duty with military pay and from active duty in the armed forces per- ministration. allowances in the armed forces, except (1) for formed at any time and who has established (t) VEOA means the Veterans Employment training or for determining physical fitness the present existence of a service-connected Opportunities Act of 1998 (Pub. L. 105–339, 112 and (2) for service in the Reserves or Na- disability or is receiving compensation, dis- Stat. 3182). tional Guard. ability retirement benefits, or pensions be- (u) Veterans means persons as defined in 5 (d) Appointment means an individual’s ap- cause of a public statute administered by the U.S.C. § 2108(1), or any superseding legisla- pointment to employment in a covered posi- Department of Veterans Affairs or a military tion. tion, but does not include any personnel ac- department. SEC. 1.103. ADOPTION OF REGULATIONS. tion that an employing office takes with re- (j) Employee of the Office of the Architect (a) Adoption of regulations. Section gard to an existing employee of the employ- of the Capitol includes any employee of the 4(c)(4)(A) of the VEOA generally authorizes ing office. Office of the Architect of the Capitol, the Bo- the Board to issue regulations to implement (e) Armed forces means the United States tanic Gardens, or the Senate Restaurants. section 4(c). In addition, section 4(c)(4)(B) of Army, Navy, Air Force, Marine Corps, and (k) Employee of the Capitol Police Board the VEOA directs the Board to promulgate Coast Guard. includes any member or officer of the Cap- regulations that are ‘‘the same as the most (f) Board means the Board of Directors of itol Police. relevant substantive regulations (applicable the Office of Compliance. (l) Employee of the House of Representa- with respect to the Executive branch) pro- H Regs: (g) Covered employee means any tives includes an individual occupying a po- mulgated to implement the statutory provi- employee of (1) the House of Representatives; sition the pay of which is disbursed by the sions referred to in paragraph (2)’’ of section and (2) the Senate; (3) the Capitol Guide Clerk of the House of Representatives, or an- 4(c) of the VEOA. Those statutory provisions Board; (4) the Capitol Police Board; (5) the other official designated by the House of are section 2108, sections 3309 through 3312, Congressional Budget Office; (6) the Office of Representatives, or any employment posi- and subchapter I of chapter 35, of title 5, the Architect of the Capitol; (7) the Office of tion in an entity that is paid with funds de- United States Code. The regulations issued the Attending Physician; and (8) the Office of rived from the clerk-hire allowance of the by the Board herein are on all matters for Compliance, but does not include an em- House of Representatives but not any such which section 4(c)(4)(B) of the VEOA requires ployee (aa) whose appointment is made by individual employed by any entity listed in a regulation to be issued. Specifically, it is the President with the advice and consent of subparagraphs (3) through (8) of paragraph the Board’s considered judgment based on the Senate; (bb) whose appointment is made (g) above nor any individual described in the information available to it at the time of by a Member of Congress; (cc) whose appoint- subparagraphs (aa) through (dd) of paragraph promulgation of these regulations, that, (g) above. ment is made by a committee or sub- with the exception of the regulations adopt- (m) Employee of the Senate includes any committee of either House of Congress or a ed and set forth herein, there are no other employee whose pay is disbursed by the Sec- joint committee of the House of Representa- retary of the Senate, but not any such indi- ‘‘substantive regulations (applicable with re- tives and the Senate; or (dd) who is ap- vidual employed by any entity listed in sub- spect to the Executive branch) promulgated pointed to a position, the duties of which are paragraphs (3) through (8) of paragraph (g) to implement the statutory provisions re- equivalent to those of a Senior Executive above nor any individual described in sub- ferred to in paragraph (2)’’ of section 4(c) of Service position (within the meaning of sec- paragraphs (aa) through (ee) of paragraph (g) the VEOA that need be adopted. tion 3132(a)(2) of title 5, United States Code). (b) Modification of substantive regula- above. tions. As a qualification to the statutory ob- The term covered employee includes an ap- H Regs: (n) Employing office means: (1) plicant for employment in a covered position the personal office of a Member of the House ligation to issue regulations that are ‘‘the and a former covered employee. of Representatives; (2) a committee of the same as the most substantive regulations S. Regs: (g) Covered employee means any House of Representatives or a joint com- (applicable with respect to the Executive employee of (1) the House of Representatives; mittee of the House of Representatives and branch)’’, section 4(c)(4)(B) of the VEOA au- and (2) the Senate; (3) the Capitol Guide the Senate; or (3) any other office headed by thorizes the Board to ‘‘determine, for good Board; (4) the Capitol Police Board; (5) the a person with the final authority to appoint, cause shown and stated together with the Congressional Budget Office; (6) the Office of hire, discharge, and set the terms, condi- regulation, that a modification of such regu- the Architect of the Capitol; (7) the Office of tions, or privileges of the employment of an lations would be more effective for the im- the Attending Physician; and (8) the Office of employee of the House of Representatives or plementation of the rights and protections Compliance, but does not include an em- the Senate. under’’ section 4(c) of the VEOA. (c) Rationale for Departure from the Most ployee (aa) whose appointment is made by S Regs: (n) Employing office means: (1) the President with the advice and consent of the personal office of a Senator; (2) a com- Relevant Executive Branch Regulations. The the Senate; (bb) whose appointment is made mittee of the Senate or a joint committee of Board concludes that it must promulgate or directed by a Member of Congress; (cc) the House of Representatives and the Senate; regulations accommodating the human re- whose appointment is made by a committee or (3) any other office headed by a person source systems existing in the Legislative or subcommittee of either House of Congress with the final authority to appoint, or be di- branch; and that such regulations must take or a joint committee of the House of Rep- rected by a Member of Congress to appoint, into account the fact that the Board does not resentatives and the Senate; (dd) who is ap- hire, discharge, and set the terms, condi- possess the statutory and Executive Order pointed pursuant to 2 U.S.C. § 43d(a); or (ee) tions, or privileges of the employment of an based government-wide policy making au- who is appointed to a position, the duties of employee of the House of Representatives or thority underlying OPM’s counterpart VEOA which are equivalent to those of a Senior Ex- the Senate. regulations governing the Executive branch. ecutive Service position (within the meaning C Reg: (n) Employing office means: the OPM’s regulations are designed for the com- of section 3132(a)(2) of title 5, United States Capitol Guide Board, the Capitol Police petitive service (defined in 5 U.S.C. Code). The term covered employee includes Board, the Congressional Budget Office, the § 2102(a)(2)), which does not exist in the em- an applicant for employment in a covered Office of the Architect of the Capitol, the Of- ploying offices subject to this regulation. position and a former covered employee. fice of the Attending Physician, and the Of- Therefore, to follow the OPM regulations C Reg: (g) Covered employee means any fice of Compliance. would create detailed and complex rules and employee of (1) the Capitol Guide Service; (2) (o) Office means the Office of Compliance. procedures for a workforce that does not the Capitol Police; (3) the Congressional (p) Preference eligible means veterans, exist in the Legislative branch, while pro- Budget Office; (4) the Office of the Architect spouses, widows, widowers or mothers who viding no VEOA protections to the covered of the Capitol; (5) the Office of the Attending meet the definition of ‘‘preference eligible’’ Legislative branch employees. We have cho- Physician; or (6) the Office of Compliance, in 5 U.S.C. § 2108(3)(A)–(G). sen to propose specially tailored regulations, but does not include an employee: (aa) whose (q) Qualified applicant means an applicant rather than simply to adopt those promul- appointment is made by the President with for a covered position whom an employing gated by OPM, so that we may effectuate

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00129 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.079 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8484 CONGRESSIONAL RECORD — HOUSE December 15, 2010 Congress’ intent in extending the principles evator controls, loading and unloading the physically able to perform efficiently the du- of the veterans’ preference laws to the Legis- elevator, giving information and directions ties of the position; lative branch through the VEOA. to passengers such as on the location of of- (b) Subject to (c) below, if an employing of- SEC. 1.104. COORDINATION WITH SECTION 225 OF fices, and reporting problems in running the fice determines, on the basis of evidence be- THE CONGRESSIONAL ACCOUNT- elevator. fore it, including any recommendation of an ABILITY ACT. Guard—One whose primary duty is the as- accredited physician submitted by the pref- Statutory directive. Section 4(c)(4)(C) of signment to a station, beat, or patrol area in erence eligible applicant, that an applicant the VEOA requires that promulgated regula- a Federal building or a building under Fed- to whom it has made a conditional offer of tions must be consistent with section 225 of eral control to prevent illegal entry of per- employment is preference eligible as a dis- the CAA. Among the relevant provisions of sons or property; or required to stand watch abled veteran as described in 5 U.S.C. section 225 are subsection (f)(1), which pre- at or to patrol a Federal reservation, indus- § 2108(3)(c) and who has a compensable serv- scribes as a rule of construction that defini- trial area, or other area designated by Fed- ice-connected disability of 30 percent or tions and exemptions in the laws made appli- eral authority, in order to protect life and more is not able to fulfill the physical re- cable by the CAA shall apply under the CAA, property; make observations for detection of quirements of the covered position, the em- and subsection (f)(3), which states that the fire, trespass, unauthorized removal of public ploying office shall notify the preference eli- CAA shall not be considered to authorize en- property or hazards to Federal personnel or gible applicant of the reasons for the deter- forcement of the CAA by the Executive property. The term guard does not include mination and of the right to respond and to branch. law enforcement officer positions of the Cap- submit additional information to the em- SUBPART B—VETERANS’ PREFERENCE— itol Police Board. ploying office, within 15 days of the date of Messenger—One whose primary duty is the GENERAL PROVISIONS the notification. The director of the employ- supervision or performance of general mes- ing office may, by providing written notice Sec. senger work (such as running errands, deliv- to the preference eligible applicant, shorten 1.105 Responsibility for administration of ering messages, and answering call bells). the period for submitting a response with re- veterans’ preference. SEC. 1.108. VETERANS’ PREFERENCE IN APPOINT- spect to an appointment to a particular cov- 1.106 Procedures for bringing claims under MENTS TO NON-RESTRICTED COV- ered position, if necessary because of a need the VEOA. ERED POSITIONS. to fill the covered position immediately. SEC. 1.105. RESPONSIBILITY FOR ADMINISTRA- (a) Where an employing office has duly Should the preference eligible applicant TION OF VETERANS’ PREFERENCE. adopted a policy requiring the numerical make a timely response, the highest ranking Subject to section 1.106, employing offices scoring or rating of applicants for covered individual or group of individuals with au- with covered employees or covered positions positions, the employing office shall add thority to make employment decisions on are responsible for making all veterans’ pref- points to the earned ratings of those pref- behalf of the employing office shall render a erence determinations, consistent with the erence eligible applicants who receive pass- final determination of the physical ability of VEOA. ing scores in an entrance examination, in a the preference eligible applicant to perform SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS manner that is proportionately comparable the duties of the position, taking into ac- UNDER THE VEOA. to the points prescribed in 5 U.S.C. § 3309. For count the response and any additional infor- Applicants for appointment to a covered example, five preference points shall be mation provided by the preference eligible position and covered employees may contest granted to preference eligible applicants in a applicant. When the employing office has adverse veterans’ preference determinations, 100-point system, one point shall be granted completed its review of the proposed dis- including any determination that a pref- in a 20-point system, and so on. qualification on the basis of physical dis- erence eligible applicant is not a qualified (b) In all other situations involving ap- ability, it shall send its findings to the pref- applicant, pursuant to sections 401–416 of the pointment to a covered position, employing erence eligible applicant. CAA, 2 U.S.C. §§ 1401–1416, and provisions of offices shall consider veterans’ preference (c) Nothing in this section shall relieve an law referred to therein; 206a(3) of the CAA, 2 eligibility as an affirmative factor in the em- employing office of any obligations it may U.S.C. §§ 1401, 1316a(3); and the Office’s Proce- ploying office’s determination of who will be have pursuant to the Americans with Dis- dural Rules. appointed from among qualified applicants. abilities Act (42 U.S.C. § 12101 et seq.) as ap- SUBPART C—VETERANS’ PREFERENCE IN SEC. 1.109. CREDITING EXPERIENCE IN APPOINT- plied by section 102(a)(3) of the Act, 2 U.S.C. APPOINTMENTS MENTS TO COVERED POSITIONS. § 1302(a)(3). When considering applicants for covered Sec. positions in which experience is an element SUBPART D—VETERANS’ PREFERENCE IN 1.107 Veterans’ preference in appointments to of qualification, employing offices shall pro- REDUCTIONS IN FORCE restricted covered positions. vide preference eligible applicants with cred- Sec. 1.108 Veterans’ preference in appointments to it: 1.111. Definitions applicable in reductions in non-restricted covered posi- (a) for time spent in the military service force. tions. (1) as an extension of time spent in the posi- 1.112. Application of preference in reductions 1.109 Crediting experience in appointments to tion in which the applicant was employed in force. covered positions. immediately before his/her entrance into the 1.113. Crediting experience in reductions in 1.110 Waiver of physical requirements in ap- military service, or (2) on the basis of actual force. pointments to covered posi- duties performed in the military service, or 1.114. Waiver of physical requirements in re- tions. (3) as a combination of both methods. Em- ductions in force. SEC. 1.107. VETERANS’ PREFERENCE IN APPOINT- ploying offices shall credit time spent in the 1.115. Transfer of functions. MENTS TO RESTRICTED POSITIONS. military service according to the method SEC. 1.111. DEFINITIONS APPLICABLE IN REDUC- In each appointment action for the posi- that will be of most benefit to the preference TIONS IN FORCE. tions of custodian, elevator operator, guard, eligible applicant; and (a) Competing covered employees are the and messenger (as defined below and collec- (b) for all experience material to the posi- covered employees within a particular posi- tively referred to in these regulations as re- tion for which the applicant is being consid- tion or job classification, at or within a par- stricted covered positions) employing offices ered, including experience gained in reli- ticular competitive area, as those terms are shall restrict competition to preference eli- gious, civic, welfare, service, and organiza- defined below. gible applicants as long as qualified pref- tional activities, regardless of whether he/ (b) Competitive area is that portion of the erence eligible applicants are available. The she received pay therefor. employing office’s organizational structure, provisions of sections 1.109 and 1.110 below SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS as determined by the employing office, in shall apply to the appointment of a pref- IN APPOINTMENTS TO COVERED PO- which covered employees compete for reten- erence eligible applicant to a restricted cov- SITIONS. tion. A competitive area must be defined ered position. The provisions of section 1.108 (a) Subject to (c) below, in determining solely in terms of the employing office’s or- shall apply to the appointment of a pref- qualifications of a preference eligible for ap- ganizational unit(s) and geographical loca- erence eligible applicant to a restricted cov- pointment, an employing office shall waive: tion, and it must include all employees with- ered position, in the event that there is more (1) with respect to a preference eligible ap- in the competitive area so defined. A com- than one preference eligible applicant for the plicant, requirements as to age, height, and petitive area may consist of all or part of an position. weight, unless the requirement is essential employing office. The minimum competitive Custodian—One whose primary duty is the to the performance of the duties of the posi- area is a department or subdivision of the performance of cleaning or other ordinary tion; and employing office within the local commuting routine maintenance duties in or about a (2) with respect to a preference eligible ap- area. government building or a building under plicant to whom it has made a conditional (c) Position classifications or job classi- Federal control, park, monument, or other offer of employment, physical requirements fications are determined by the employing Federal reservation. if, in the opinion of the employing office, on office, and shall refer to all covered positions Elevator operator—One whose primary the basis of evidence before it, including any within a competitive area that are in the duty is the running of freight or passenger recommendation of an accredited physician same grade, occupational level or classifica- elevators. The work includes opening and submitted by the preference eligible appli- tion, and which are similar enough in duties, closing elevator gates and doors, working el- cant, the preference eligible applicant is qualification requirements, pay schedules,

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00130 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.079 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8485 tenure (type of appointment) and working work generally would not be considered to be to the performance of the duties of the posi- conditions so that an employing office may unduly interrupted if a covered employee tion; and reassign the incumbent of one position to needs more than 90 days after the reduction (2) physical requirements if, in the opinion any of the other positions in the position in force to perform the optimum quality or of the employing office, on the basis of evi- classification without undue interruption. quantity of work. The 90-day standard may dence before it, including any recommenda- (d) Preference Eligibles. For the purpose of be extended if placement is made under this tion of an accredited physician submitted by applying veterans’ preference in reductions part to a program accorded low priority by the employee, the preference eligible covered in force, except with respect to the applica- the employing office, or to a vacant position. employee is physically able to perform effi- tion of section 1.114 of these regulations re- SEC. 1.112. APPLICATION OF PREFERENCE IN RE- ciently the duties of the position. garding the waiver of physical requirements, DUCTIONS IN FORCE. (b) If an employing office determines that the following shall apply: Prior to carrying out a reduction in force a covered employee who is a preference eligi- (1) ‘‘active service’’ has the meaning given that will affect covered employees, employ- ble as a disabled veteran as described in 5 it by section 101 of title 37; ing offices shall determine which, if any, U.S.C. § 2108(3)(c) and has a compensable (2) ‘‘a retired member of a uniformed serv- covered employees within a particular group service-connected disability of 30 percent or ice’’ means a member or former member of a of competing covered employees are entitled more is not able to fulfill the physical re- uniformed service who is entitled, under to veterans’ preference eligibility status in quirements of the covered position, the em- statute, to retired, retirement, or retainer accordance with these regulations. In deter- ploying office shall notify the preference eli- pay on account of his/her service as such a mining which covered employees will be re- gible covered employee of the reasons for the member; and tained, employing offices will treat veterans’ determination and of the right to respond (3) a preference eligible covered employee preference as the controlling factor in reten- and to submit additional information to the who is a retired member of a uniformed serv- tion decisions among such competing cov- employing office within 15 days of the date of ice is considered a preference eligible only if ered employees, regardless of length of serv- the notification. Should the preference eligi- (A) his/her retirement was based on dis- ice or performance, provided that the pref- ble covered employee make a timely re- ability— erence eligible employee’s performance has sponse, the highest ranking individual or (i) resulting from injury or disease re- not been determined to be unacceptable. group of individuals with authority to make ceived in line of duty as a direct result of Provided, a preference eligible employee who employment decisions on behalf of the em- armed conflict; or is a ‘‘disabled veteran’’ under section 1.102(h) ploying office, shall render a final deter- (ii) caused by an instrumentality of war above who has a compensable service-con- mination of the physical ability of the pref- and incurred in the line of duty during a pe- nected disability of 30 percent or more and erence eligible covered employee to perform riod of war as defined by sections 101 and 1101 whose performance has not been determined the duties of the covered position, taking of title 38; to be unacceptable by an employing office is into account the evidence before it, includ- (B) his/her service does not include twenty entitled to be retained in preference to other ing the response and any additional informa- or more years of full-time active service, re- preference eligible employees. Provided, this tion provided by the preference eligible. gardless of when performed but not including section does not relieve an employing office When the employing office has completed its periods of active duty for training; or of any greater obligation it may be subject review of the proposed disqualification on (C) on November 30, 1964, he/she was em- to pursuant to the Worker Adjustment and the basis of physical disability, it shall send ployed in a position to which this subchapter Retraining Notification Act (29 U.S.C. § 2101 its findings to the preference eligible covered applies and thereafter he/she continued to be et seq.) as applied by section 102(a)(9) of the employee. so employed without a break in service of CAA, 2 U.S.C. § 1302(a)(9). (c) Nothing in this section shall relieve an more than 30 days. SEC. 1.113. CREDITING EXPERIENCE IN REDUC- employing office of any obligation it may The definition of ‘‘preference eligible’’ as TIONS IN FORCE. have pursuant to the Americans with Dis- set forth in 5 U.S.C § 2108 and section 1.102(o) In computing length of service in connec- abilities Act (42 U.S.C. § 12101 et seq.) as ap- of these regulations shall apply to waivers of tion with a reduction in force, the employing plied by section 102(a)(3) of the CAA, 2 U.S.C. physical requirements in determining an em- office shall provide credit to preference eligi- § 1302(a)(3). ployee’s qualifications for retention under ble covered employees as follows: SEC. 1.115. TRANSFER OF FUNCTIONS. (a) a preference eligible covered employee section 1.114 of these regulations. (a) When a function is transferred from one H&S Regs: (e) Reduction in force is any who is not a retired member of a uniformed employing office to another employing of- termination of a covered employee’s employ- service is entitled to credit for the total fice, each covered employee in the affected ment or the reduction in pay and/or position length of time in active service in the armed position classifications or job classifications grade of a covered employee for more than 30 forces; days and that may be required for budgetary (b) a preference eligible covered employee in the function that is to be transferred shall or workload reasons, changes resulting from who is a retired member of a uniformed serv- be transferred to the receiving employing of- reorganization, or the need to make room for ice is entitled to credit for: fice for employment in a covered position for an employee with reemployment or restora- (1) the length of time in active service in which he/she is qualified before the receiving tion rights. The term ‘‘reduction in force’’ the armed forces during a war, or in a cam- employing office may make an appointment does not encompass a termination or other paign or expedition for which a campaign from another source to that position. (b) When one employing office is replaced personnel action: (1) predicated upon per- badge has been authorized; or by another employing office, each covered formance, conduct or other grounds attrib- (2) the total length of time in active serv- employee in the affected position classifica- utable to an employee, or (2) involving an ice in the armed forces if he is included tions or job classifications in the employing employee who is employed by the employing under 5 U.S.C. § 3501(a)(3)(A), (B), or (C); and office to be replaced shall be transferred to office on a temporary basis, or (3) attrib- (c) a preference eligible covered employee the replacing employing office for employ- utable to a change in party leadership or ma- is entitled to credit for: ment in a covered position for which he/she jority party status within the House of Con- (1) service rendered as an employee of a is qualified before the replacing employing gress where the employee is employed. county committee established pursuant to C Reg: (e) Reduction in force is any ter- section 8(b) of the Soil Conservation and Al- office may make an appointment from an- mination of a covered employee’s employ- lotment Act or of a committee or association other source to that position. ment or the reduction in pay and/or position of producers described in section 10(b) of the SUBPART E—ADOPTION OF VETERANS’ PREF- grade of a covered employee for more than 30 Agricultural Adjustment Act; and ERENCE POLICIES, RECORDKEEPING & INFOR- days and that may be required for budgetary (2) service rendered as an employee de- MATIONAL REQUIREMENTS. or workload reasons, changes resulting from scribed in 5 U.S.C. § 2105(c) if such employee Sec. reorganization, or the need to make room for moves or has moved, on or after January 1, 1.116. Adoption of veterans’ preference pol- an employee with reemployment or restora- 1966, without a break in service of more than icy. tion rights. The term ‘‘reduction in force’’ 3 days, from a position in a nonappropriated 1.117. Preservation of records made or kept. does not encompass a termination or other fund instrumentality of the Department of 1.118. Dissemination of veterans’ preference personnel action: (1) predicated upon per- Defense or the Coast Guard to a position in policies to applicants for cov- formance, conduct or other grounds attrib- the Department of Defense or the Coast ered positions. utable to an employee, or (2) involving an Guard, respectively, that is not described in 1.119. Information regarding veterans’ pref- employee who is employed by the employing 5 U.S.C. § 2105(c). erence determinations in ap- office on a temporary basis. SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS pointments. (f) Undue interruption is a degree of inter- IN REDUCTIONS IN FORCE. 1.120. Dissemination of veterans’ preference ruption that would prevent the completion (a) If an employing office determines, on policies to covered employees. of required work by a covered employee 90 the basis of evidence before it, that a covered 1.121. Written notice prior to a reduction in days after the employee has been placed in a employee is preference eligible, the employ- force. different position under this part. The 90-day ing office shall waive, in determining the SEC. 1.116. ADOPTION OF VETERANS’ PREF- standard should be considered within the al- covered employee’s retention status in a re- ERENCE POLICY. lowable limits of time and quality, taking duction in force: No later than 120 calendar days following into account the pressures of priorities, (1) requirements as to age, height, and Congressional approval of this regulation, deadlines, and other demands. However, weight, unless the requirement is essential each employing office that employs one or

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00131 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.079 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8486 CONGRESSIONAL RECORD — HOUSE December 15, 2010 more covered employees or that seeks appli- a voluntary basis, that it will be kept con- (1) the VEOA definition of veterans’ ‘‘pref- cants for a covered position shall adopt its fidential in accordance with the Americans erence eligible’’ as set forth in 5 U.S.C. § 2108 written policy specifying how it has inte- with Disabilities Act (42 U.S.C. § 12101 et seq.) or any superseding legislation, providing the grated the veterans’ preference requirements as applied by section 102(a)(3) of the CAA, 2 actual, current definition along with the of the Veterans Employment Opportunities U.S.C. § 1302(a)(3), that refusal to provide it statutory citation; Act of 1998 and these regulations into its em- will not subject the individual to any ad- (2) the employing office’s veterans’ pref- ployment and retention processes. Upon verse treatment except the possibility of an erence policy or a summary description of timely request and the demonstration of adverse determination regarding the individ- the employing office’s veterans’ preference good cause, the Executive Director, in his/ ual’s status as a preference eligible applicant policy as it relates to reductions in force, in- her discretion, may grant such an employing as a disabled veteran under the VEOA, and cluding the procedures the employing office office additional time for preparing its pol- that any information obtained in accordance shall take to identify preference eligible em- icy. Each such employing office will make with this section concerning the medical ployees; and its policies available to applicants for ap- condition or history of an individual will be (3) the employing office may provide other pointment to a covered position and to cov- collected, maintained and used only in ac- information in its guidances regarding its ered employees in accordance with these reg- cordance with the Americans with Disabil- veterans’ preference policies and practices, ulations. The act of adopting a veterans’ ities Act (42 U.S.C. § 12101 et seq.) as applied but is not required to do so by these regula- preference policy shall not relieve any em- by section 102(a)(3) of the CAA, 2 U.S.C. tions. ploying office of any other responsibility or § 1302(a)(3); and requirement of the Veterans Employment (c) Employing offices are also expected to (3) the employing office shall state clearly answer questions from covered employees Opportunity Act of 1998 or these regulations. that applicants may request information that are relevant and non-confidential con- An employing office may amend or replace about the employing office’s veterans’ pref- cerning the employing office’s veterans’ pref- its veterans’ preference policies as it deems erence policies as they relate to appoint- erence policies and practices. necessary or appropriate, so long as the re- ments to covered positions, and shall de- sulting policies are consistent with the scribe the employing office’s procedures for SEC. 1.121. WRITTEN NOTICE PRIOR TO A REDUC- VEOA and these regulations. making such requests. TION IN FORCE. SEC. 1.117. PRESERVATION OF RECORDS MADE (c) Upon written request by an applicant (a) Except as provided under subsection (c), OR KEPT. for a covered position, an employing office An employing office that employs one or shall provide the following information in a covered employee may not be released due more covered employees or that seeks appli- writing: to a reduction in force, unless the covered cants for a covered position shall maintain (1) the VEOA definition of veterans’ ‘‘pref- employee and the covered employee’s exclu- any records relating to the application of its erence eligible’’ as set forth in 5 U.S.C. § 2108 sive representative for collective-bargaining veterans’ preference policy to applicants for or any superseding legislation, providing the purposes (if any) are given written notice, in covered positions and to workforce adjust- actual, current definition in a manner de- conformance with the requirements of para- ment decisions affecting covered employees signed to be understood by applicants, along graph (b), at least 60 days before the covered for a period of at least one year from the with the statutory citation; employee is so released. date of the making of the record or the date (2) the employing office’s veterans’ pref- (b) Any notice under paragraph (a) shall in- of the personnel action involved or, if later, erence policy or a summary description of clude— one year from the date on which the appli- the employing office’s veterans’ preference (1) the personnel action to be taken with cant or covered employee is notified of the policy as it relates to appointments to cov- respect to the covered employee involved; personnel action. Where a claim has been ered positions, including any procedures the (2) the effective date of the action; brought under section 401 of the CAA against employing office shall use to identify pref- (3) a description of the procedures applica- an employing office under the VEOA, the re- erence eligible employees; and ble in identifying employees for release; spondent employing office shall preserve all (3) the employing office may provide other (4) the covered employee’s competitive personnel records relevant to the claim until information to applicants regarding its vet- area; final disposition of the claim. The term ‘‘per- erans’ preference policies and practices, but (5) the covered employee’s eligibility for sonnel records relevant to the claim’’, for ex- is not required to do so by these regulations. veterans’ preference in retention and how ample, would include records relating to the (d) Employing offices are also expected to that preference eligibility was determined; veterans’ preference determination regard- answer questions from applicants for covered (6) the retention status and preference eli- ing the person bringing the claim and positions that are relevant and non-confiden- gibility of the other employees in the af- records relating to any veterans’ preference tial concerning the employing office’s vet- fected position classifications or job classi- determinations regarding other applicants erans’ preference policies and practices. fications within the covered employee’s com- for the covered position the person sought, SEC. 1.119. INFORMATION REGARDING VET- petitive area, by providing: or records relating to the veterans’ pref- ERANS’ PREFERENCE DETERMINA- (A) a list of all covered employee(s) in the erence determinations regarding other cov- TIONS IN APPOINTMENTS. covered employee’s position classification or ered employees in the person’s position or Upon written request by an applicant for a job classification and competitive area who job classification. The date of final disposi- covered position, the employing office shall will be retained by the employing office, tion of the charge or the action means the promptly provide a written explanation of identifying those employees by job title only latest of the date of expiration of the statu- the manner in which veterans’ preference and stating whether each such employee is tory period within which the aggrieved per- was applied in the employing office’s ap- preference eligible; and son may file a complaint with the Office or pointment decision regarding that applicant. (B) a list of all covered employee(s) in the in a U.S. District Court or, where an action Such explanation shall include at a min- covered employee’s position classification or is brought against an employing office by imum: job classification and competitive area who the aggrieved person, the date on which such (a) the employing office’s veterans’ pref- will not be retained by the employing office, litigation is terminated. erence policy or a summary description of identifying those employees by job title only SEC. 1.118. DISSEMINATION OF VETERANS’ PREF- the employing office’s veterans’ preference and stating whether each such employee is ERENCE POLICIES TO APPLICANTS policy as it relates to appointments to cov- preference eligible; and FOR COVERED POSITIONS. ered positions; and (a) An employing office shall state in any (b) a statement as to whether the applicant (7) a description of any appeal or other announcements and advertisements it makes is preference eligible and, if not, a brief rights which may be available. concerning vacancies in covered positions statement of the reasons for the employing (c) The director of the employing office that the staffing action is governed by the office’s determination that the applicant is may, in writing, shorten the period of ad- VEOA. not preference eligible. vance notice required under subsection (a), (b) An employing office shall invite appli- SEC. 1.120. DISSEMINATION OF VETERANS’ PREF- with respect to a particular reduction in cants for a covered position to identify ERENCE POLICIES TO COVERED EM- force, if necessary because of circumstances themselves as veterans’ preference eligible PLOYEES. not reasonably foreseeable. applicants, provided that in doing so: (a) If an employing office that employs one (1) the employing office shall state clearly or more covered employees provides any (d) No notice period may be shortened to on any written application or questionnaire written guidance to such employees con- less than 30 days under this subsection. used for this purpose or make clear orally, if cerning employee rights generally or reduc- The SPEAKER pro tempore. Pursu- a written application or questionnaire is not tions in force more specifically, such as in a used, that the requested information is in- written employee policy, manual or hand- ant to the rule, the gentleman from tended for use solely in connection with the book, such guidance must include informa- American Samoa (Mr. FALEOMAVAEGA) employing office’s obligations and efforts to tion concerning veterans’ preference under and the gentleman from California (Mr. provide veterans’ preference to preference el- the VEOA, as set forth in subsection (b) of DANIEL E. LUNGREN) each will control igible applicants in accordance with the this regulation. 20 minutes. VEOA; (b) Written guidances described in sub- (2) the employing office shall state clearly section (a) above shall include, at a min- The Chair recognizes the gentleman that disabled veteran status is requested on imum: from American Samoa.

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00132 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.079 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8487 GENERAL LEAVE erence-eligible veterans in the event ployee’’, and ‘‘employing office’’ have the Mr. FALEOMAVAEGA. Mr. Speaker, that their preference rights were vio- meanings given the terms in section 101 of I ask unanimous consent that all Mem- lated. the Congressional Accountability Act of 1995 bers may have 5 legislative days to re- These new regulations finally fulfill (2 U.S.C. 1301), except as limited by the regu- lations (as corrected under section 3). vise and extend their remarks in the that law and ensure that the Veterans SEC. 3. TECHNICAL CORRECTIONS. RECORD on this resolution. Employment Opportunities Act of 1998 (a) CURRENT NAMES OF OFFICES AND HEADS The SPEAKER pro tempore. Is there applies fully, not just to the executive OF OFFICES.—A reference in the issued regu- objection to the request of the gen- branch and other Federal employees, lations— tleman from American Samoa? but also to the legislative branch and (1) to the Capitol Guide Board or the Cap- There was no objection. our employees as well. itol Guide Service (which no longer exist) Mr. FALEOMAVAEGA. Mr. Speaker, I support this bill. I thank my col- shall be considered to be a reference to the I yield myself such time as I may con- league Mr. BRADY for his authorship of Office of Congressional Accessibility Serv- sume. this resolution. Getting to this point ices; Mr. Speaker, the Veterans Employ- has been a long process. I appreciate (2) to the Capitol Police Board shall be ment Opportunities Act of 1988, or considered to be a reference to the Capitol his support and the efforts of his staff. Police; VEOA, extends veterans’ preference I urge my colleagues to support our (3) to the Senate Restaurants (which are rights to covered applicants and em- veterans by passing House Resolution no longer public entities) shall be dis- ployees, in covered positions, through- 1757. regarded; and out the legislative branch. The act is I yield back the balance of my time. (4) in sections 1.110(b) and 1.121(c), to the implemented in the legislative branch Mr. FALEOMAVAEGA. Mr. Speaker, director of an employing office shall be con- through the Congressional Account- I also yield back the balance of my sidered to be a reference to the head of an ability Act of 1995. time. employing office. Implementation of the VEOA re- The SPEAKER pro tempore. The (b) CROSS REFERENCES TO PROVISIONS OF quires the board of directors of the Of- REGULATIONS.—A reference in the issued reg- question is on the motion offered by ulations— fice of Compliance to issue regulations the gentleman from American Samoa (1) in paragraphs (l) and (m) of section and the House and Senate to approve (Mr. FALEOMAVAEGA) that the House 1.102, to subparagraphs (3) through (8) of them. Without congressionally ap- suspend the rules and agree to the reso- paragraph (g) of that section shall be consid- proved regulations, the VEOA does not lution, H. Res. 1757. ered to be a reference to paragraph (g) of apply to Congress and the rest of the The question was taken; and (two- that section; legislative branch. thirds being in the affirmative) the (2) in section 1.102(l), to subparagraphs (aa) Under the Congressional Account- rules were suspended and the resolu- through (dd) of section 1.102(g) shall be con- ability Act, congressional approval of sidered to be a reference to subparagraphs tion was agreed to. (aa) through (dd) of that section (as specified these regulations can be accomplished A motion to reconsider was laid on in the regulations classified with an ‘‘H’’ by adopting approval resolutions cov- the table. classification); ering the House and the rest of the leg- f (3) in section 1.102(m), to subparagraphs islative branch. The resolution before (aa) through (ee) of section 1.102(g) shall be us now covers the House, and the next PROVIDING FOR THE APPROVAL considered to be a reference to subpara- resolution on the schedule, Senate Con- OF FINAL REGULATIONS ISSUED graphs (aa) through (ee) of that section (as current Resolution 77, will cover the BY THE OFFICE OF COMPLIANCE specified in the regulations classified with rest of the legislative branch, except TO IMPLEMENT THE VETERANS an ‘‘S’’ classification); (4) in section 1.111(d), to section 1.102(o) the Senate, which has already adopted EMPLOYMENT OPPORTUNITIES ACT OF 1998 shall be considered to be a reference to sec- a resolution covering itself. tion 1.102(p); and This process will complete legislative Mr. FALEOMAVAEGA. Mr. Speaker, (5) in section 1.112, to section 1.102(h) shall branch coverage under the VEOA. It I move to suspend the rules and concur be considered to be a reference to section has bipartisan and bicameral support. in the concurrent resolution (S. Con. 1.102(i). The regulations we are considering Res. 77) to provide for the approval of (c) CROSS REFERENCES TO OTHER PROVI- today have been awaiting congres- final regulations issued by the Office of SIONS OF LAW.—A reference in the issued reg- sional approval since March 21, 2008. Compliance to implement the Veterans ulations— The executive branch has already im- Employment Opportunities Act of 1998 (1) to the Veterans Employment Opportu- nities Act shall be considered to be a ref- plemented VEOA hiring preferences. that apply to certain legislative branch erence to the Veterans Employment Oppor- With today’s congressional approval, employing offices and their covered tunities Act of 1998; qualified veterans who apply for cov- employees. (2) to 2 U.S.C. 43d(a) shall be considered to ered positions in the legislative branch The Clerk read the title of the con- be a reference to section 105(a) of the Second will be given preference rights among current resolution. Supplemental Appropriations Act, 1978; job applicants and remedies to enforce The text of the concurrent resolution (3) to 2 U.S.C. 1316a(3) shall be considered those rights. It is fitting that we move is as follows: to be a reference to section 4(c)(3) of the Vet- forward on approving these regulations erans Employment Opportunities Act of 1998; S. CON. RES. 77 (4) to 5 U.S.C. 2108(3)(c) shall be considered to help our returning veterans, and Resolved by the Senate (the House of Rep- to be a reference to section 2108(3)(C) of title now is the right time to do it. resentatives concurring), That the following 5, United States Code; I reserve the balance of my time. regulations issued by the Office of Compli- (5) to the Americans with Disabilities Act Mr. DANIEL E. LUNGREN of Cali- ance on March 21, 2008, and stated in section shall be considered to be a reference to the fornia. Mr. Speaker, I yield myself such 4, with the technical corrections described in Americans with Disabilities Act of 1990; time as I may consume. section 3 and to the extent applied by section (6) to the Soil Conservation and Allotment Mr. Speaker, I rise today in support 2, are hereby approved: Act shall be considered to be a reference to of House Resolution 1757. As mentioned SEC. 2. APPLICATION OF REGULATIONS. the Soil Conservation and Domestic Allot- by the gentleman from American (a) IN GENERAL.—For purposes of applying ment Act; and the issued regulations as a body of regula- (7) to the Agricultural Adjustment Act Samoa, it provides for the approval of tions required by section 304(a)(2)(B)(iii) of shall be considered to be a reference to the final regulations issued by the Office of the Congressional Accountability Act of 1995 Agricultural Adjustment Act, reenacted with Compliance to implement the Veterans (2 U.S.C. 1384(a)(2)(B)(iii)), the portions of amendments by the Agricultural Marketing Employment Opportunity Act of 1998 the issued regulations that are unclassified Agreement Act of 1937. and apply that act to the House of Rep- or classified with a ‘‘C’’ designation shall (d) OTHER CORRECTIONS.—In the issued reg- resentatives and employees of the apply to all covered employees that are not ulations— House. employees of the House of Representatives or (1) section 1.109 shall be considered to have In 1998, Congress passed the Veterans employees of the Senate, and employing of- an ‘‘and’’ after paragraph (a); fices that are not offices of the House of Rep- (2) the second sentence of section 1.116 Employment Opportunities Act, and resentatives or the Senate. shall be disregarded; that gave veterans improved access to (b) DEFINITIONS.—In this section, the terms (3) section 1.118(b) shall be considered to Federal job opportunities. It also es- ‘‘employee of the House of Representatives’’, have an ‘‘and’’ after paragraph (2) rather tablished a redress system for pref- ‘‘employee of the Senate’’, ‘‘covered em- than paragraph (1);

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00133 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.157 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8488 CONGRESSIONAL RECORD — HOUSE December 15, 2010 (4) a reference in sections 1.118(c)(1) and appointment is made by a committee or sub- (f) Board means the Board of Directors of 1.120(b)(1) to veterans’ ‘‘preference eligible’’ committee of either House of Congress or a the Office of Compliance. shall be considered to be a reference to joint committee of the House of Representa- H Regs: (g) Covered employee means any ‘‘preference eligible’’; tives and the Senate; or (4) who is appointed employee of (1) the House of Representatives; (5) sections 1.118(c) and 1.120(b) shall be to a position, the duties of which are equiva- and (2) the Senate; (3) the Capitol Guide considered to have an ‘‘and’’ after paragraph lent to those of a Senior Executive Service Board; (4) the Capitol Police Board; (5) the (1); and position (within the meaning of section Congressional Budget Office; (6) the Office of (6) section 1.121(b)(6)(B) shall be considered 3132(a)(2) of title 5, United States Code). Ac- the Architect of the Capitol; (7) the Office of to have an ‘‘and’’ at the end. cordingly, these regulations shall not apply the Attending Physician; and (8) the Office of SEC. 4. REGULATIONS. to any employing office that only employs Compliance, but does not include an em- When approved by the House of Represent- individuals excluded from the definition of ployee (aa) whose appointment is made by atives for the House of Representatives, covered employee. the President with the advice and consent of these regulations will have the prefix ‘‘H.’’ S Regs: (c) Scope of Regulations. The defi- the Senate; (bb) whose appointment is made When approved by the Senate for the Senate, nition of ‘‘covered employee’’ in Section 4(c) by a Member of Congress; (cc) whose appoint- ment is made by a committee or sub- these regulations will have the prefix ‘‘S.’’ of the VEOA limits the scope of the statute’s committee of either House of Congress or a When approved by Congress for the other em- applicability within the Legislative branch. joint committee of the House of Representa- ploying offices covered by the CAA, these The term ‘‘covered employee’’ excludes any tives and the Senate; or (dd) who is ap- regulations will have the prefix ‘‘C.’’ employee: (1) whose appointment is made by pointed to a position, the duties of which are In this draft, ‘‘H&S Regs’’ denotes the provi- the President with the advice and consent of equivalent to those of a Senior Executive sions that would be included in the regula- the Senate; (2) whose appointment is made Service position (within the meaning of sec- tions applicable to be made applicable to the or directed by a Member of Congress within tion 3132(a)(2) of title 5, United States Code). House and Senate, and ‘‘C Reg’’ denotes the an employing office, as defined by Sec. The term covered employee includes an ap- provisions that would be included in the reg- 101(9)(A–C) of the CAA, 2 U.S.C. § 1301 (9)(A–C) plicant for employment in a covered position ulations to be made applicable to other em- or; (3) whose appointment is made by a com- and a former covered employee. mittee or subcommittee of either House of ploying offices. S. Regs: (g) Covered employee means any PART 1—Extension of Rights and Protec- Congress or a joint committee of the House employees of (1) the House of Representa- tions Relating to Veterans’ Preference Under of Representatives and the Senate; (4) who is tives; and (2) the Senate; (3) the Capitol Title 5, United States Code, to Covered Em- appointed pursuant to 2 U.S.C. § 43d(a); or (5) Guide Board; (4) the Capitol Police Board; (5) ployees of the Legislative Branch (section who is appointed to a position, the duties of the Congressional Budget Office; (6) the Of- 4(c) of the Veterans Employment Opportuni- which are equivalent to those of a Senior Ex- fice of the Architect of the Capitol; (7) the ties Act of 1998) ecutive Service position (within the meaning Office of the Attending Physician; and (8) the SUBPART A—MATTERS OF GENERAL APPLICA- of section 3132(a)(2) of title 5, United States Office of Compliance, but does not include an BILITY TO ALL REGULATIONS PROMULGATED Code). Accordingly, these regulations shall employee (aa) whose appointment is made by UNDER SECTION 4 OF THE VEOA not apply to any employing office that only the President with the advice and consent of Sec. employs individuals excluded from the defi- the Senate; (bb) whose appointment is made 1.101 Purpose and scope. nition of covered employee. or directed by a Member of Congress; (cc) 1.102 Definitions. C Reg: (c) Scope of Regulations. The defi- whose appointment is made by a committee 1.103 Adoption of regulations. nition of ‘‘covered employee’’ in Section 4(c) or subcommittee of either House of Congress 1.104 Coordination with section 225 of the of the VEOA limits the scope of the statute’s or a joint committee of the House of Rep- Congressional Accountability applicability within the Legislative branch. resentatives and the Senate; (dd) who is ap- Act. The term ‘‘covered employee’’ excludes any pointed pursuant to 2 U.S.C. § 43d(a); or (ee) SEC. 1.101. PURPOSE AND SCOPE. employee: (1) whose appointment is made by who is appointed to a position, the duties of (a) Section 4(c) of the VEOA. The Veterans the President with the advice and consent of which are equivalent to those of a Senior Ex- Employment Opportunities Act (VEOA) ap- the Senate; (2) whose appointment is made ecutive Service position (within the meaning plies the rights and protections of sections by a Member of Congress or by a committee of section 3132(a)(2) of title 5, United States 2108, 3309 through 3312, and subchapter I of or subcommittee of either House of Congress Code). The term covered employee includes chapter 35 of title 5 U.S.C., to certain cov- or a joint committee of the House of Rep- an applicant for employment in a covered ered employees within the Legislative resentatives and the Senate; or (3) who is ap- position and a former covered employee. branch. pointed to a position, the duties of which are C Reg: (g) Covered employee means any (b) Purpose of regulations. The regulations equivalent to those of a Senior Executive employee of (1) the Capitol Guide Service; (2) set forth herein are the substantive regula- Service position (within the meaning of sec- the Capitol Police; (3) the Congressional tions that the Board of Directors of the Of- tion 3132(a)(2) of title 5, United States Code). Budget Office; (4) the Office of the Architect fice of Compliance has promulgated pursuant Accordingly, these regulations shall not of the Capitol; (5) the Office of the Attending to section 4(c)(4) of the VEOA, in accordance apply to any employing office that only em- Physician; or (6) the Office of Compliance, with the rulemaking procedure set forth in ploys individuals excluded from the defini- but does not include an employee: (aa) whose section 304 of the CAA (2 U.S.C. § 1384). The tion of covered employee. appointment is made by the President with purpose of subparts B, C and D of these regu- SEC. 1.102. DEFINITIONS. the advice and consent of the Senate; or (bb) lations is to define veterans’ preference and Except as otherwise provided in these regu- whose appointment is made by a Member of the administration of veterans’ preference as lations, as used in these regulations: Congress or by a committee or sub- applicable to Federal employment in the (a) Accredited physician means a doctor of committee of either House of Congress or a Legislative branch. (5 U.S.C. § 2108, as applied medicine or osteopathy who is authorized to joint committee of the House of Representa- by the VEOA). The purpose of subpart E of practice medicine or surgery (as appropriate) tives and the Senate; or (cc) who is ap- these regulations is to ensure that the prin- by the State in which the doctor practices. pointed to a position, the duties of which are ciples of the veterans’ preference laws are in- The phrase ‘‘authorized to practice by the equivalent to those of a Senior Executive tegrated into the existing employment and State’’ as used in this section means that the Service position (within the meaning of sec- retention policies and processes of those em- provider must be authorized to diagnose and tion 3132(a)(2) of title 5, United States Code). ploying offices with employees covered by treat physical or mental health conditions The term covered employee includes an ap- plicant for employment in a covered position the VEOA, and to provide for transparency without supervision by a doctor or other and a former covered employee. in the application of veterans’ preference in health care provider. (h) Covered position means any position (b) Act or CAA means the Congressional covered appointment and retention deci- that is or will be held by a covered employee. sions. Provided, nothing in these regulations Accountability Act of 1995, as amended (Pub. (i) Disabled veteran means a person who shall be construed so as to require an em- L. 104–1, 109 Stat. 3, 2 U.S.C. §§ 1301–1438). was separated under honorable conditions ploying office to reduce any existing vet- (c) Active duty or active military duty from active duty in the armed forces per- erans’ preference rights and protections that means full-time duty with military pay and formed at any time and who has established it may afford to preference eligible individ- allowances in the armed forces, except (1) for the present existence of a service-connected uals. training or for determining physical fitness disability or is receiving compensation, dis- H Regs: (c) Scope of Regulations. The def- and (2) for service in the Reserves or Na- ability retirement benefits, or pensions be- inition of ‘‘covered employee’’ in Section 4(c) tional Guard. cause of a public statute administered by the of the VEOA limits the scope of the statute’s (d) Appointment means an individual’s ap- Department of Veterans Affairs or a military applicability within the Legislative branch. pointment to employment in a covered posi- department. The term ‘‘covered employee’’ excludes any tion, but does not include any personnel ac- (j) Employee of the Office of the Architect employee: (1) whose appointment is made by tion that an employing office takes with re- of the Capitol includes any employee of the the President with the advice and consent of gard to an existing employee of the employ- Office of the Architect of the Capitol, the Bo- the Senate; (2) whose appointment is made ing office. tanic Gardens, or the Senate Restaurants. by a Member of Congress within an employ- (e) Armed forces means the United States (k) Employee of the Capitol Police Board ing office, as defined by Sec. 101 (9)(A–C) of Army, Navy, Air Force, Marine Corps, and includes any member or officer of the Cap- the CAA, 2 U.S.C. § 1301 (9)(A–C) or; (3) whose Coast Guard. itol Police.

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00134 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.080 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8489 (l) Employee of the House of Representa- regulations that are ‘‘the same as the most are responsible for making all veterans’ pref- tives includes an individual occupying a po- relevant substantive regulations (applicable erence determinations, consistent with the sition the pay of which is disbursed by the with respect to the Executive branch) pro- VEOA. Clerk of the House of Representatives, or an- mulgated to implement the statutory provi- SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS other official designated by the House of sions referred to in paragraph (2)’’ of section UNDER THE VEOA. Representatives, or any employment posi- 4(c) of the VEOA. Those statutory provisions Applicants for appointment to a covered tion in an entity that is paid with funds de- are section 2108, sections 3309 through 3312, position and covered employees may contest rived from the clerk-hire allowance of the and subchapter I of chapter 35, of title 5, adverse veterans’ preference determinations, House of Representatives but not any such United States Code. The regulations issued including any determination that a pref- individual employed by any entity listed in by the Board herein are on all matters for erence eligible applicant is not a qualified subparagraphs (3) through (8) of paragraph which section 4(c)(4)(B) of the VEOA requires applicant, pursuant to sections 401–416 of the (g) above nor any individual described in a regulation to be issued. Specifically, it is CAA, 2 U.S.C. §§ 1401–1416, and provisions of subparagraphs (aa) through (dd) of paragraph the Board’s considered judgment based on law referred to therein; 206a(3) of the CAA, 2 (g) above. the information available to it at the time of U.S.C. §§ 1401, 1316a(3); and the Office’s Proce- (m) Employee of the Senate includes any promulgation of these regulations, that, dural Rules. employee whose pay is disbursed by the Sec- with the exception of the regulations adopt- SUBPART C—VETERANS’ PREFERENCE IN retary of the Senate, but not any such indi- ed and set forth herein, there are no other APPOINTMENTS vidual employed by any entity listed in sub- ‘‘substantive regulations (applicable with re- Sec. paragraphs (3) through (8) of paragraph (g) spect to the Executive branch) promulgated 1.107 Veterans’ preference in appointments to above nor any individual described in sub- to implement the statutory provisions re- restricted covered positions. paragraphs (aa) through (ee) of paragraph (g) ferred to in paragraph (2)’’ of section 4(c) of 1.108 Veterans’ preference in appointments to above. the VEOA that need be adopted. non-restricted covered posi- H Regs: (n) Employing office means: (1) (b) Modification of substantive regula- tions. the personal office of a Member of the House tions. As a qualification to the statutory ob- 1.109 Crediting experience in appointments to of Representatives; (2) a committee of the ligation to issue regulations that are ‘‘the covered positions. House of Representatives or a joint com- same as the most substantive regulations 1.110 Waiver of physical requirements in ap- mittee of the House of Representatives and (applicable with respect to the Executive pointments to covered posi- the Senate; or (3) any other office headed by branch)’’, section 4(c)(4)(B) of the VEOA au- tions. a person with the final authority to appoint, thorizes the Board to ‘‘determine, for good SEC. 1.107. VETERANS’ PREFERENCE IN APPOINT- hire, discharge, and set the terms, condi- cause shown and stated together with the MENTS TO RESTRICTED POSITIONS. tions, or privileges of the employment of an regulation, that a modification of such regu- In each appointment action for the posi- employee of the House of Representatives or lations would be more effective for the im- tions of custodian, elevator operator, guard, the Senate. plementation of the rights and protections and messenger (as defined below and collec- S Regs: (n) Employing office means: (1) under’’ section 4(c) of the VEOA. tively referred to in these regulations as re- (c) Rationale for Departure from the Most the personal office of a Senator; (2) a com- stricted covered positions) employing offices Relevant Executive Branch Regulations. The mittee of the Senate or a joint committee of shall restrict competition to preference eli- Board concludes that it must promulgate the House of Representatives and the Senate; gible applicants as long as qualified pref- regulations accommodating the human re- or (3) any other office headed by a person erence eligible applicants are available. The source systems existing in the Legislative with the final authority to appoint, or be di- provisions of sections 1.109 and 1.110 below branch; and that such regulations must take rected by a Member of Congress to appoint, shall apply to the appointment of a pref- into account the fact that the Board does not hire, discharge, and set the terms, condi- erence eligible applicant to a restricted cov- possess the statutory and Executive Order tions, or privileges of the employment of an ered position. The provisions of section 1.108 based government-wide policy making au- employee of the House of Representatives or shall apply to the appointment of a pref- thority underlying OPM’s counterpart VEOA the Senate. erence eligible applicant to a restricted cov- regulations governing the Executive branch. C Reg: (n) Employing office means: the ered position, in the event that there is more OPM’s regulations are designed for the com- Capitol Guide Board, the Capitol Police than one preference eligible applicant for the petitive service (defined in 5 U.S.C. Board, the Congressional Budget Office, the position. § 2102(a)(2)), which does not exist in the em- Office of the Architect of the Capitol, the Of- Custodian—One whose primary duty is the ploying offices subject to this regulation. fice of the Attending Physician, and the Of- performance of cleaning or other ordinary Therefore, to follow the OPM regulations fice of Compliance. routine maintenance duties in or about a would create detailed and complex rules and (o) Office means the Office of Compliance. government building or a building under procedures for a workforce that does not (p) Preference eligible means veterans, Federal control, park, monument, or other exist in the Legislative branch, while pro- spouses, widows, widowers or mothers who Federal reservation. meet the definition of ‘‘preference eligible’’ viding no VEOA protections to the covered Elevator operator—One whose primary in 5 U.S.C. § 2108(3)(A)–(G). Legislative branch employees. We have cho- duty is the running of freight or passenger (q) Qualified applicant means an applicant sen to propose specially tailored regulations, elevators. The work includes opening and for a covered position whom an employing rather than simply to adopt those promul- closing elevator gates and doors, working el- office deems to satisfy the requisite min- gated by OPM, so that we may effectuate evator controls, loading and unloading the imum job-related requirements of the posi- Congress’ intent in extending the principles elevator, giving information and directions tion. Where the employing office uses an en- of the veterans’ preference laws to the Legis- to passengers such as on the location of of- trance examination or evaluation for a cov- lative branch through the VEOA. fices, and reporting problems in running the ered position that is numerically scored, the SEC. 1.104. COORDINATION WITH SECTION 225 OF elevator. term ‘‘qualified applicant’’ shall mean that THE CONGRESSIONAL ACCOUNT- Guard—One whose primary duty is the as- ABILITY ACT. the applicant has received a passing score on signment to a station, beat, or patrol area in Statutory directive. Section 4(c)(4)(C) of the examination or evaluation. a Federal building or a building under Fed- the VEOA requires that promulgated regula- (r) Separated under honorable conditions eral control to prevent illegal entry of per- tions must be consistent with section 225 of means either an honorable or a general dis- sons or property; or required to stand watch the CAA. Among the relevant provisions of charge from the armed forces. The Depart- at or to patrol a Federal reservation, indus- section 225 are subsection (f)(1), which pre- ment of Defense is responsible for admin- trial area, or other area designated by Fed- scribes as a rule of construction that defini- istering and defining military discharges. eral authority, in order to protect life and tions and exemptions in the laws made appli- (s) Uniformed services means the armed property; make observations for detection of cable by the CAA shall apply under the CAA, forces, the commissioned corps of the Public fire, trespass, unauthorized removal of public and subsection (f)(3), which states that the Health Service, and the commissioned corps property or hazards to Federal personnel or CAA shall not be considered to authorize en- of the National Oceanic and Atmospheric Ad- property. The term guard does not include forcement of the CAA by the Executive ministration. law enforcement officer positions of the Cap- branch. (t) VEOA means the Veterans Employment itol Police Board. Opportunities Act of 1998 (Pub. L. 105–339, 112 SUBPART B—VETERANS’ PREFERENCE— Messenger—One whose primary duty is the Stat. 3182). GENERAL PROVISIONS supervision or performance of general mes- (u) Veterans means persons as defined in 5 Sec. senger work (such as running errands, deliv- U.S.C. § 2108(1), or any superseding legisla- 1.105 Responsibility for administration of ering messages, and answering call bells). tion. veterans’ preference. SEC. 1.108. VETERANS’ PREFERENCE IN APPOINT- SEC. 1.103. ADOPTION OF REGULATIONS. 1.106 Procedures for bringing claims under MENTS TO NON-RESTRICTED COV- (a) Adoption of regulations. Section the VEOA. ERED POSITIONS. 4(c)(4)(A) of the VEOA generally authorizes SEC. 1.105. RESPONSIBILITY FOR ADMINISTRA- (a) Where an employing office has duly the Board to issue regulations to implement TION OF VETERANS’ PREFERENCE. adopted a policy requiring the numerical section 4(c). In addition, section 4(c)(4)(B) of Subject to section 1.106, employing offices scoring or rating of applicants for covered the VEOA directs the Board to promulgate with covered employees or covered positions positions, the employing office shall add

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00135 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.080 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8490 CONGRESSIONAL RECORD — HOUSE December 15, 2010 points to the earned ratings of those pref- behalf of the employing office shall render a (B) his/her service does not include twenty erence eligible applicants who receive pass- final determination of the physical ability of or more years of full-time active service, re- ing scores in an entrance examination, in a the preference eligible applicant to perform gardless of when performed but not including manner that is proportionately comparable the duties of the position, taking into ac- periods of active duty for training; or to the points prescribed in 5 U.S.C. § 3309. For count the response and any additional infor- (C) on November 30, 1964, he/she was em- example, five preference points shall be mation provided by the preference eligible ployed in a position to which this subchapter granted to preference eligible applicants in a applicant. When the employing office has applies and thereafter he/she continued to be 100-point system, one point shall be granted completed its review of the proposed dis- so employed without a break in service of in a 20-point system, and so on. qualification on the basis of physical dis- more than 30 days. (b) In all other situations involving ap- ability, it shall send its findings to the pref- The definition of ‘‘preference eligible’’ as pointment to a covered position, employing erence eligible applicant. set forth in 5 U.S.C § 2108 and section 1.102(o) offices shall consider veterans’ preference (c) Nothing in this section shall relieve an of these regulations shall apply to waivers of eligibility as an affirmative factor in the em- employing office of any obligations it may physical requirements in determining an em- ploying office’s determination of who will be have pursuant to the Americans with Dis- ployee’s qualifications for retention under appointed from among qualified applicants. abilities Act (42 U.S.C. § 12101 et seq.) as ap- section 1.114 of these regulations. SEC. 1.109. CREDITING EXPERIENCE IN APPOINT- plied by section 102(a)(3) of the Act, 2 U.S.C. H&S Regs: (e) Reduction in force is any MENTS TO COVERED POSITIONS. § 1302(a)(3). termination of a covered employee’s employ- When considering applicants for covered SUBPART D—VETERANS’ PREFERENCE IN ment or the reduction in pay and/or position positions in which experience is an element REDUCTIONS IN FORCE grade of a covered employee for more than 30 of qualification, employing offices shall pro- Sec. days and that may be required for budgetary vide preference eligible applicants with cred- 1.111. Definitions applicable in reductions in or workload reasons, changes resulting from it: force. reorganization, or the need to make room for (a) for time spent in the military service 1.112. Application of preference in reductions an employee with reemployment or restora- (1) as an extension of time spent in the posi- in force. tion rights. The term ‘‘reduction in force’’ tion in which the applicant was employed 1.113. Crediting experience in reductions in does not encompass a termination or other immediately before his/her entrance into the force. personnel action: (1) predicated upon per- military service, or (2) on the basis of actual 1.114. Waiver of physical requirements in re- formance, conduct or other grounds attrib- duties performed in the military service, or ductions in force. utable to an employee, or (2) involving an (3) as a combination of both methods. Em- 1.115. Transfer of functions. employee who is employed by the employing ploying offices shall credit time spent in the SEC. 1.111. DEFINITIONS APPLICABLE IN REDUC- office on a temporary basis, or (3) attrib- military service according to the method TIONS IN FORCE. utable to a change in party leadership or ma- that will be of most benefit to the preference (a) Competing covered employees are the jority party status within the House of Con- eligible applicant. covered employees within a particular posi- gress where the employee is employed. (b) for all experience material to the posi- tion or job classification, at or within a par- C Reg: (e) Reduction in force is any ter- tion for which the applicant is being consid- ticular competitive area, as those terms are mination of a covered employee’s employ- ered, including experience gained in reli- defined below. ment or the reduction in pay and/or position gious, civic, welfare, service, and organiza- (b) Competitive area is that portion of the grade of a covered employee for more than 30 tional activities, regardless of whether he/ employing office’s organizational structure, days and that may be required for budgetary she received pay therefor. as determined by the employing office, in or workload reasons, changes resulting from SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS which covered employees compete for reten- reorganization, or the need to make room for IN APPOINTMENTS TO COVERED PO- tion. A competitive area must be defined an employee with reemployment or restora- SITIONS. solely in terms of the employing office’s or- tion rights. The term ‘‘reduction in force’’ (a) Subject to (c) below, in determining ganizational unit(s) and geographical loca- does not encompass a termination or other qualifications of a preference eligible for ap- tion, and it must include all employees with- personnel action: (1) predicated upon per- pointment, an employing office shall waive: in the competitive area so defined. A com- formance, conduct or other grounds attrib- (1) with respect to a preference eligible ap- petitive area may consist of all or part of an utable to an employee, or (2) involving an plicant, requirements as to age, height, and employing office. The minimum competitive employee who is employed by the employing weight, unless the requirement is essential area is a department or subdivision of the office on a temporary basis. to the performance of the duties of the posi- employing office within the local commuting (f) Undue interruption is a degree of inter- tion; and area. ruption that would prevent the completion (2) with respect to a preference eligible ap- (c) Position classifications or job classi- of required work by a covered employee 90 plicant to whom it has made a conditional fications are determined by the employing days after the employee has been placed in a offer of employment, physical requirements office, and shall refer to all covered positions different position under this part. The 90-day if, in the opinion of the employing office, on within a competitive area that are in the standard should be considered within the al- the basis of evidence before it, including any same grade, occupational level or classifica- lowable limits of time and quality, taking recommendation of an accredited physician tion, and which are similar enough in duties, into account the pressures of priorities, submitted by the preference eligible appli- qualification requirements, pay schedules, deadlines, and other demands. However, cant, the preference eligible applicant is tenure (type of appointment) and working work generally would not be considered to be physically able to perform efficiently the du- conditions so that an employing office may unduly interrupted if a covered employee ties of the position; reassign the incumbent of one position to needs more than 90 days after the reduction (b) Subject to (c) below, if an employing of- any of the other positions in the position in force to perform the optimum quality or fice determines, on the basis of evidence be- classification without undue interruption. quantity of work. The 90-day standard may fore it, including any recommendation of an (d) Preference Eligibles. For the purpose of be extended if placement is made under this accredited physician submitted by the pref- applying veterans’ preference in reductions part to a program accorded low priority by erence eligible applicant, that an applicant in force, except with respect to the applica- the employing office, or to a vacant position. to whom it has made a conditional offer of tion of section 1.114 of these regulations re- SEC. 1.112. APPLICATION OF PREFERENCE IN RE- employment is preference eligible as a dis- garding the waiver of physical requirements, DUCTIONS IN FORCE. abled veteran as described in 5 U.S.C. the following shall apply: Prior to carrying out a reduction in force § 2108(3)(c) and who has a compensable serv- (1) ‘‘active service’’ has the meaning given that will affect covered employees, employ- ice-connected disability of 30 percent or it by section 101 of title 37; ing offices shall determine which, if any, more is not able to fulfill the physical re- (2) ‘‘a retired member of a uniformed serv- covered employees within a particular group quirements of the covered position, the em- ice’’ means a member or former member of a of competing covered employees are entitled ploying office shall notify the preference eli- uniformed service who is entitled, under to veterans’ preference eligibility status in gible applicant of the reasons for the deter- statute, to retired, retirement, or retainer accordance with these regulations. In deter- mination and of the right to respond and to pay on account of his/her service as such a mining which covered employees will be re- submit additional information to the em- member; and tained, employing offices will treat veterans’ ploying office, within 15 days of the date of (3) a preference eligible covered employee preference as the controlling factor in reten- the notification. The director of the employ- who is a retired member of a uniformed serv- tion decisions among such competing cov- ing office may, by providing written notice ice is considered a preference eligible only if ered employees, regardless of length of serv- to the preference eligible applicant, shorten (A) his/her retirement was based on dis- ice or performance, provided that the pref- the period for submitting a response with re- ability— erence eligible employee’s performance has spect to an appointment to a particular cov- (i) resulting from injury or disease re- not been determined to be unacceptable. ered position, if necessary because of a need ceived in line of duty as a direct result of Provided, a preference eligible employee who to fill the covered position immediately. armed conflict; or is a ‘‘disabled veteran’’ under section 1.102(h) Should the preference eligible applicant (ii) caused by an instrumentality of war above who has a compensable service-con- make a timely response, the highest ranking and incurred in the line of duty during a pe- nected disability of 30 percent or more and individual or group of individuals with au- riod of war as defined by sections 101 and 1101 whose performance has not been determined thority to make employment decisions on of title 38; to be unacceptable by an employing office is

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00136 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.080 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8491 entitled to be retained in preference to other into account the evidence before it, includ- any records relating to the application of its preference eligible employees. Provided, this ing the response and any additional informa- veterans’ preference policy to applicants for section does not relieve an employing office tion provided by the preference eligible. covered positions and to workforce adjust- of any greater obligation it may be subject When the employing office has completed its ment decisions affecting covered employees to pursuant to the Worker Adjustment and review of the proposed disqualification on for a period of at least one year from the Retraining Notification Act (29 U.S.C. § 2101 the basis of physical disability, it shall send date of the making of the record or the date et seq.) as applied by section 102(a)(9) of the its findings to the preference eligible covered of the personnel action involved or, if later, CAA, 2 U.S.C. § 1302(a)(9). employee. one year from the date on which the appli- SEC. 1.113. CREDITING EXPERIENCE IN REDUC- (c) Nothing in this section shall relieve an cant or covered employee is notified of the TIONS IN FORCE. employing office of any obligation it may personnel action. Where a claim has been In computing length of service in connec- have pursuant to the Americans with Dis- brought under section 401 of the CAA against tion with a reduction in force, the employing abilities Act (42 U.S.C. § 12101 et seq.) as ap- an employing office under the VEOA, the re- office shall provide credit to preference eligi- plied by section 102(a)(3) of the CAA, 2 U.S.C. spondent employing office shall preserve all personnel records relevant to the claim until ble covered employees as follows: § 1302(a)(3). final disposition of the claim. The term ‘‘per- (a) a preference eligible covered employee SEC. 1.115. TRANSFER OF FUNCTIONS. sonnel records relevant to the claim’’, for ex- who is not a retired member of a uniformed (a) When a function is transferred from one ample, would include records relating to the service is entitled to credit for the total employing office to another employing of- veterans’ preference determination regard- fice, each covered employee in the affected length of time in active service in the armed ing the person bringing the claim and forces; position classifications or job classifications records relating to any veterans’ preference (b) a preference eligible covered employee in the function that is to be transferred shall determinations regarding other applicants who is a retired member of a uniformed serv- be transferred to the receiving employing of- for the covered position the person sought, ice is entitled to credit for: fice for employment in a covered position for or records relating to the veterans’ pref- (1) the length of time in active service in which he/she is qualified before the receiving erence determinations regarding other cov- the armed forces during a war, or in a cam- employing office may make an appointment ered employees in the person’s position or paign or expedition for which a campaign from another source to that position. job classification. The date of final disposi- badge has been authorized; or (b) When one employing office is replaced tion of the charge or the action means the (2) the total length of time in active serv- by another employing office, each covered latest of the date of expiration of the statu- ice in the armed forces if he is included employee in the affected position classifica- tory period within which the aggrieved per- under 5 U.S.C. § 3501(a)(3)(A), (B), or (C); and tions or job classifications in the employing son may file a complaint with the Office or (c) a preference eligible covered employee office to be replaced shall be transferred to in a U.S. District Court or, where an action is entitled to credit for: the replacing employing office for employ- is brought against an employing office by (1) service rendered as an employee of a ment in a covered position for which he/she the aggrieved person, the date on which such county committee established pursuant to is qualified before the replacing employing litigation is terminated. section 8(b) of the Soil Conservation and Al- office may make an appointment from an- SEC. 1.118. DISSEMINATION OF VETERANS’ PREF- lotment Act or of a committee or association other source to that position. ERENCE POLICIES TO APPLICANTS of producers described in section 10(b) of the SUBPART E—ADOPTION OF VETERANS’ PREF- FOR COVERED POSITIONS. Agricultural Adjustment Act; and ERENCE POLICIES, RECORDKEEPING & INFOR- (a) An employing office shall state in any (2) service rendered as an employee de- MATIONAL REQUIREMENTS. announcements and advertisements it makes scribed in 5 U.S.C. § 2105(c) if such employee concerning vacancies in covered positions Sec. that the staffing action is governed by the moves or has moved, on or after January 1, 1.116. Adoption of veterans’ preference pol- VEOA. 1966, without a break in service of more than icy. 3 days, from a position in a nonappropriated (b) An employing office shall invite appli- 1.117. Preservation of records made or kept. cants for a covered position to identify fund instrumentality of the Department of 1.118. Dissemination of veterans’ preference Defense or the Coast Guard to a position in themselves as veterans’ preference eligible policies to applicants for cov- applicants, provided that in doing so: the Department of Defense or the Coast ered positions. (1) the employing office shall state clearly Guard, respectively, that is not described in 1.119. Information regarding veterans’ pref- on any written application or questionnaire 5 U.S.C. § 2105(c). erence determinations in ap- used for this purpose or make clear orally, if SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS pointments. a written application or questionnaire is not IN REDUCTIONS IN FORCE. 1.120. Dissemination of veterans’ preference used, that the requested information is in- (a) If an employing office determines, on policies to covered employees. tended for use solely in connection with the 1.121. Written notice prior to a reduction in the basis of evidence before it, that a covered employing office’s obligations and efforts to employee is preference eligible, the employ- force. provide veterans’ preference to preference el- ing office shall waive, in determining the SEC. 1.116. ADOPTION OF VETERANS’ PREF- igible applicants in accordance with the covered employee’s retention status in a re- ERENCE POLICY. VEOA; and duction in force: No later than 120 calendar days following (2) the employing office shall state clearly (1) requirements as to age, height, and Congressional approval of this regulation, that disabled veteran status is requested on weight, unless the requirement is essential each employing office that employs one or a voluntary basis, that it will be kept con- to the performance of the duties of the posi- more covered employees or that seeks appli- fidential in accordance with the Americans tion; and cants for a covered position shall adopt its with Disabilities Act (42 U.S.C. § 12101 et seq.) (2) physical requirements if, in the opinion written policy specifying how it has inte- as applied by section 102(a)(3) of the CAA, 2 of the employing office, on the basis of evi- grated the veterans’ preference requirements U.S.C. § 1302(a)(3), that refusal to provide it dence before it, including any recommenda- of the Veterans Employment Opportunities will not subject the individual to any ad- tion of an accredited physician submitted by Act of 1998 and these regulations into its em- verse treatment except the possibility of an the employee, the preference eligible covered ployment and retention processes. Upon adverse determination regarding the individ- employee is physically able to perform effi- timely request and the demonstration of ual’s status as a preference eligible applicant ciently the duties of the position. good cause, the Executive Director, in his/ as a disabled veteran under the VEOA, and (b) If an employing office determines that her discretion, may grant such an employing that any information obtained in accordance a covered employee who is a preference eligi- office additional time for preparing its pol- with this section concerning the medical ble as a disabled veteran as described in 5 icy. Each such employing office will make condition or history of an individual will be U.S.C. § 2108(3)(c) and has a compensable its policies available to applicants for ap- collected, maintained and used only in ac- service-connected disability of 30 percent or pointment to a covered position and to cov- cordance with the Americans with Disabil- more is not able to fulfill the physical re- ered employees in accordance with these reg- ities Act (42 U.S.C. § 12101 et seq.) as applied quirements of the covered position, the em- ulations. The act of adopting a veterans’ by section 102(a)(3) of the CAA, 2 U.S.C. ploying office shall notify the preference eli- preference policy shall not relieve any em- § 1302(a)(3). gible covered employee of the reasons for the ploying office of any other responsibility or (3) the employing office shall state clearly determination and of the right to respond requirement of the Veterans Employment that applicants may request information and to submit additional information to the Opportunity Act of 1998 or these regulations. about the employing office’s veterans’ pref- employing office within 15 days of the date of An employing office may amend or replace erence policies as they relate to appoint- the notification. Should the preference eligi- its veterans’ preference policies as it deems ments to covered positions, and shall de- ble covered employee make a timely re- necessary or appropriate, so long as the re- scribe the employing office’s procedures for sponse, the highest ranking individual or sulting policies are consistent with the making such requests. group of individuals with authority to make VEOA and these regulations. (c) Upon written request by an applicant employment decisions on behalf of the em- SEC. 1.117. PRESERVATION OF RECORDS MADE for a covered position, an employing office ploying office, shall render a final deter- OR KEPT. shall provide the following information in mination of the physical ability of the pref- An employing office that employs one or writing: erence eligible covered employee to perform more covered employees or that seeks appli- (1) the VEOA definition of veterans’ ‘‘pref- the duties of the covered position, taking cants for a covered position shall maintain erence eligible’’ as set forth in 5 U.S.C. § 2108

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00137 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.080 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8492 CONGRESSIONAL RECORD — HOUSE December 15, 2010 or any superseding legislation, providing the graph (b), at least 60 days before the covered ployment Opportunities Act of 1998. Al- actual, current definition in a manner de- employee is so released. most identical to the legislation we signed to be understood by applicants, along (b) Any notice under paragraph (a) shall in- just passed, this bill would extend the with the statutory citation; clude— regulations to offices that serve both (2) the employing office’s veterans’ pref- (1) the personnel action to be taken with erence policy or a summary description of respect to the covered employee involved; the House and the Senate. the employing office’s veterans’ preference (2) the effective date of the action; These regulations are long overdue. I policy as it relates to appointments to cov- (3) a description of the procedures applica- thank the chairman and his staff for ered positions, including any procedures the ble in identifying employees for release; their diligence in moving them for- employing office shall use to identify pref- (4) the covered employee’s competitive ward. I thank the gentleman from erence eligible employees; area; American Samoa for bringing this to (3) the employing office may provide other (5) the covered employee’s eligibility for the floor. information to applicants regarding its vet- veterans’ preference in retention and how I urge my colleagues to support our erans’ preference policies and practices, but that preference eligibility was determined; is not required to do so by these regulations. (6) the retention status and preference eli- veterans by passing Senate Concurrent (d) Employing offices are also expected to gibility of the other employees in the af- Resolution 77. answer questions from applicants for covered fected position classifications or job classi- I yield back the balance of my time. positions that are relevant and non-confiden- fications within the covered employee’s com- Mr. FALEOMAVAEGA. Mr. Speaker, tial concerning the employing office’s vet- petitive area, by providing: I also yield back the balance of my erans’ preference policies and practices. (A) a list of all covered employee(s) in the time. SEC. 1.119. INFORMATION REGARDING VET- covered employee’s position classification or The SPEAKER pro tempore. The ERANS’ PREFERENCE DETERMINA- job classification and competitive area who question is on the motion offered by TIONS IN APPOINTMENTS. will be retained by the employing office, Upon written request by an applicant for a identifying those employees by job title only the gentleman from American Samoa covered position, the employing office shall and stating whether each such employee is (Mr. FALEOMAVAEGA) that the House promptly provide a written explanation of preference eligible, and suspend the rules and concur in the the manner in which veterans’ preference (B) a list of all covered employee(s) in the concurrent resolution, S. Con. Res. 77. was applied in the employing office’s ap- covered employee’s position classification or The question was taken; and (two- pointment decision regarding that applicant. job classification and competitive area who thirds being in the affirmative) the Such explanation shall include at a min- will not be retained by the employing office, imum: rules were suspended and the concur- identifying those employees by job title only rent resolution was concurred in. (a) the employing office’s veterans’ pref- and stating whether each such employee is erence policy or a summary description of preference eligible. A motion to reconsider was laid on the employing office’s veterans’ preference (7) a description of any appeal or other the table. policy as it relates to appointments to cov- rights which may be available. f ered positions; and (c) The director of the employing office (b) a statement as to whether the applicant may, in writing, shorten the period of ad- AUTHORIZING STATUES IN CAP- is preference eligible and, if not, a brief vance notice required under subsection (a), ITOL FOR DISTRICT OF COLUM- statement of the reasons for the employing with respect to a particular reduction in BIA AND TERRITORIES office’s determination that the applicant is force, if necessary because of circumstances not preference eligible. not reasonably foreseeable. Mr. FALEOMAVAEGA. Mr. Speaker, SEC. 1.120. DISSEMINATION OF VETERANS’ PREF- (d) No notice period may be shortened to I move to suspend the rules and pass ERENCE POLICIES TO COVERED EM- less than 30 days under this subsection. the bill (H.R. 5493) to provide for the PLOYEES. (a) If an employing office that employs one The SPEAKER pro tempore. Pursu- furnishing of statues by the District of or more covered employees provides any ant to the rule, the gentleman from Columbia for display in Statuary Hall written guidance to such employees con- American Samoa (Mr. FALEOMAVAEGA) in the United States Capitol, as amend- cerning employee rights generally or reduc- and the gentleman from California (Mr. ed. tions in force more specifically, such as in a DANIEL E. LUNGREN) each will control The Clerk read the title of the bill. written employee policy, manual or hand- 20 minutes. The text of the bill is as follows: book, such guidance must include informa- H.R. 5493 tion concerning veterans’ preference under The Chair recognizes the gentleman the VEOA, as set forth in subsection (b) of from American Samoa. Be it enacted by the Senate and House of Rep- this regulation. GENERAL LEAVE resentatives of the United States of America in (b) Written guidances described in sub- Mr. FALEOMAVAEGA. Mr. Speaker, Congress assembled, section (a) above shall include, at a min- I ask unanimous consent that all Mem- SECTION 1. FURNISHING OF STATUES FOR STAT- imum: UARY HALL BY DISTRICT OF COLUM- (1) the VEOA definition of veterans’ ‘‘pref- bers may have 5 legislative days to re- BIA AND TERRITORIES AND POSSES- erence eligible’’ as set forth in 5 U.S.C. § 2108 vise and extend their remarks on Sen- SIONS. or any superseding legislation, providing the ate Concurrent Resolution 77. (a) IN GENERAL.—The President is author- actual, current definition along with the The SPEAKER pro tempore. Is there ized to invite each jurisdiction described in statutory citation; objection to the request of the gen- section 3 to provide and furnish a statue, in (2) the employing office’s veterans’ pref- tleman from American Samoa? marble or bronze, of a deceased person who has been a citizen of the jurisdiction, and il- erence policy or a summary description of There was no objection. the employing office’s veterans’ preference lustrious for his or her historic renown or for Mr. FALEOMAVAEGA. I yield my- distinguished civic or military services, such policy as it relates to reductions in force, in- self such time as I may consume. cluding the procedures the employing office as the jurisdiction may deem to be worthy of shall take to identify preference eligible em- Mr. Speaker, agreeing to Senate Con- this national commemoration; and when so ployees. current Resolution 77 will complete furnished, the same shall be placed in Stat- (3) the employing office may provide other legislative branch coverage under the uary Hall in the United States Capitol. information in its guidances regarding its VEOA. The Senate has already covered (b) LIMITATION.—No statue of any indi- veterans’ preference policies and practices, itself. Thus, qualified veterans who vidual may be placed in Statuary Hall pursu- but is not required to do so by these regula- ant to this Act until after the expiration of apply for covered positions within the the 10-year period which begins on the date tions. legislative branch will be given pref- (c) Employing offices are also expected to of the individual’s death. answer questions from covered employees erence rights among job applicants and SEC. 2. REPLACEMENT OF STATUES. that are relevant and non-confidential con- remedies to enforce those rights. This (a) REQUEST BY JURISDICTION.— cerning the employing office’s veterans’ pref- initiative has bipartisan and bicameral (1) IN GENERAL.—A jurisdiction described in erence policies and practices. support. section 3 may request the Joint Committee SEC. 1.121. WRITTEN NOTICE PRIOR TO A REDUC- I reserve the balance of my time. on the Library of Congress to approve the re- TION IN FORCE. Mr. DANIEL E. LUNGREN of Cali- placement of a statue the jurisdiction has (a) Except as provided under subsection (c), fornia. Mr. Speaker, I yield myself such provided for display in Statuary Hall in the a covered employee may not be released due time as I may consume. United States Capitol under section 1. to a reduction in force, unless the covered (2) CONDITIONS.—A request shall be consid- employee and the covered employee’s exclu- Mr. Speaker, I rise today in support ered under paragraph (1) only if— sive representative for collective-bargaining of Senate Concurrent Resolution 77 (A) the request has been approved by a res- purposes (if any) are given written notice, in which does approve the final regula- olution adopted by the legislature of the ju- conformance with the requirements of para- tions implementing the Veterans Em- risdiction (or its equivalent) and the request

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00138 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.080 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8493 has been approved by the chief executive of amended, which will invite each of the Chairman BRADY and Ranking Member the jurisdiction; and territories, and especially including LUNGREN and members of the House (B) the statue to be replaced has been dis- the District of Columbia, to provide a Administration Committee and staff played in the United States Capitol for at statue to be placed with other such for their support of this proposal. least 10 years as of the time the request is made, except that the Joint Committee may statues from the 50 States that are now With that, Mr. Speaker, I urge sup- waive this requirement for cause at the re- all over the U.S. Capitol. port of this bill and reserve the balance quest of the jurisdiction. First of all, I do want to thank the of my time. (b) AGREEMENT UPON APPROVAL.—If the chairman of the Committee on House Mr. DANIEL E. LUNGREN of Cali- Joint Committee on the Library of Congress Administration, the gentleman from fornia. Mr. Speaker, I yield myself such approves a request under subsection (a), the Pennsylvania, my good friend, Mr. time as I may consume. Architect of the Capitol shall enter into an BRADY, for his support and leadership I rise today in support of H.R. 5493. agreement with the jurisdiction involved to carry out the replacement in accordance in bringing this legislation, and also, This bill permits the District of Colum- with the request and any conditions the my good friend from California (Mr. bia, the Commonwealth of Puerto Rico, Joint Committee may require for its ap- LUNGREN) for his support. With the Guam, American Samoa, the U.S. Vir- proval. Such agreement shall provide that— help of Chairman BRADY and his staff, gin Islands, and the Commonwealth of (1) the new statue shall be subject to the H.R. 5493 now includes language mak- the Northern Mariana Islands to each same conditions and restrictions as apply to ing it favorable to have this bill display one statue here in the U.S. Cap- any statue provided by the jurisdiction brought now before the floor for con- itol. under section 1; and Mr. Speaker, the District of Colum- (2) the jurisdiction shall pay any costs re- sideration as it was approved by the lated to the replacement, including costs in committee. bia and these territories of the United States are important pieces of the larg- connection with the design, construction, b 2100 transportation, and placement of the new er mosaic that make up our national statue, the removal and transportation of I want to especially thank my good identity, and I support their right to the statue being replaced, and any unveiling friend and colleague, the distinguished honor a noteworthy figure of their ceremony. lady from the District of Columbia, Ms. communities. Statues are funded by (c) LIMITATION ON NUMBER OF STATUES.— ELEANOR NORTON, for her willingness to the individual territories. Therefore, Nothing in this section shall be interpreted work with us on this important bill. to permit any jurisdiction described in sec- this legislation is unusual; it’s budget- tion 3 to have more than 1 statue on display And I want to acknowledge the joint neutral. In the coming years, I look in the United States Capitol. efforts that we have made in advo- forward to welcoming these statues to (d) OWNERSHIP OF REPLACED STATUES.— cating the importance of this bill for the Congress and learning more about (1) TRANSFER OF OWNERSHIP.—Subject to the five U.S. territories and especially the individuals that each such entity the approval of the Joint Committee on the also for the District of Columbia, chooses to honor. Library, ownership of any statue replaced which is basically to provide and fur- So I would urge my colleagues to under this section shall be transferred to the nish to the Architect of the Capitol a jurisdiction involved. support this resolution. statue honoring a prominent citizen of (2) PROHIBITING SUBSEQUENT DISPLAY IN I reserve the balance of my time. CAPITOL.—If any statue is removed from the such jurisdiction to be placed in the Mr. FALEOMAVAEGA. Mr. Speaker, United States Capitol as part of a transfer of National Statuary Hall in the same I gladly yield all the time that she ownership under paragraph (1), then it may manner as statues now honoring citi- wants to my good friend, the distin- not be returned to the Capitol for display un- zens of the States. guished Delegate from the District of less such display is specifically authorized Since its inception in 1864, the Na- Columbia, Ms. ELEANOR HOLMES NOR- by Federal law. tional Statuary Hall holds a grand dis- TON. (e) RELOCATION OF STATUES.—The Archi- play of statues donated to commemo- tect of the Capitol, upon the approval of the Ms. NORTON. I thank my good friend Joint Committee on the Library and with rate each of the 50 States. The various from American Samoa, with whom I the advice of the Commission of Fine Arts as statues with their historical signifi- work so closely and so often. requested, is authorized and directed to pro- cance have added to the aesthetics and Mr. Speaker, I am particularly grate- vide for the reception, location, and reloca- overall impressive architectural design ful this evening to Chairman BRADY for tion of any statues received on or after the of the U.S. Capitol. To the 3 million to working so closely with me on the bill date of the enactment of this Act from a ju- 5 million annual visitors to the U.S. for statues for the District of Colum- risdiction under section 1. Capitol, the National Statuary Hall bia, a bill I have introduced for years SEC. 3. JURISDICTIONS DESCRIBED. The jurisdictions described in this section serves as a reminder of the values and but that did not move until Mr. BRADY are as follows: significant contributions of certain in- became chair. (1) The District of Columbia. dividuals that shape the foundation However, Ranking Member DAN LUN- (2) The Commonwealth of Puerto Rico. upon which this great country was GREN deserves special thanks for to- (3) Guam. founded. day’s bill. When he said he could not (4) American Samoa. And 5 years ago, the Architect of the support my bill for two statues for the (5) The United States Virgin Islands. Capitol received a marble statue of District, he didn’t say ‘‘no’’ to every- (6) The Commonwealth of the Northern Po’pay from the State of New Mexico Mariana Islands. thing. He introduced his own bill for and a bronze statue of Sarah one statue for the District and one for The SPEAKER pro tempore. Pursu- Winnemucca from the State of Nevada, each of the territories. The bill before ant to the rule, the gentleman from making the entire collection complete the House this evening is essentially American Samoa (Mr. FALEOMAVAEGA) in its representation of the 50 States and the gentleman from California (Mr. that bill, the Lungren bill. under the original law of 1864. It was Our original bill for two statues for DANIEL E. LUNGREN) each will control 20 minutes. also at the same time that I introduced the District of Columbia was intro- The Chair recognizes the gentleman a bill to invite territories, including at duced only to give some small recogni- from American Samoa. the time American Samoa, Guam, tion to the taxpayers of the District, Puerto Rico, and the U.S. Virgin Is- GENERAL LEAVE who get little enough recognition for Mr. FALEOMAVAEGA. Mr. Speaker, lands, to furnish statues to be placed in their taxpaying status. In the end, in I ask unanimous consent that all Mem- the National Statuary Hall. The lan- the spirit of compromise represented bers have 5 legislative days to revise guage was similar to the one proposed by Mr. LUNGREN’s bill, I decided that and extend their remarks in the by the former Delegate from Guam Ben we should seek to move Mr. LUNGREN’s RECORD and to include extraneous mat- Blaz in 1985, except I proposed permis- bill at this time, and I thank him for ter. sion for the territories to furnish a sin- his bill. The SPEAKER pro tempore. Is there gle statue. We recognize that the statues for objection to the request of the gen- Earlier this year, I introduced a simi- each State are mere symbols, but for tleman from American Samoa? lar bill with modified language to in- us, they are symbols of American citi- There was no objection. clude the CNMI. I am pleased that H.R. zenship itself, as embedded in the rec- Mr. FALEOMAVAEGA. Mr. Speaker, 5493 now has incorporated all of these ognition of their own outstanding citi- I rise in strong support of H.R. 5493, as requests. And again, I want to thank zens by each State. One need only go

VerDate Mar 15 2010 06:26 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00139 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.082 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8494 CONGRESSIONAL RECORD — HOUSE December 15, 2010 downstairs in this House to watch visi- representing the District of Columbia. tories and the District of Columbia to house tors from their own congressional dis- I would urge my colleagues to support one memorial statue in the U.S. Capitol Build- tricts as they view their statues to see this resolution. ing. These statues would be placed among the power of the patriotism and pride I yield back the balance of my time. the existing 100 state statues and would show the statues inspire in their own con- Mr. FALEOMAVAEGA. Mr. Speaker, the historical ties the U.S. territories and stituents. I yield myself such time as I may con- states have shared. Like the 50 states, each The Lungren bill creates a dilemma sume. territory has a unique and rich history, and for the District of Columbia, however. I want to echo the sentiments ex- each new statue in the National Statuary Hall So great was the desire for the statues pressed earlier by my colleague from Collection will allow the U.S. territories the op- generated by my bill that when citi- the District of Columbia, again, com- portunity to share that history with the millions zens were asked to indicate who they mending and thanking our good friend of visitors who visit the U.S. Capitol Building wanted to represent the city in statue from California for his support and his each year. I urge my colleagues to grant the for the United States Capitol, well, the leadership in bringing this piece of leg- Americans who reside in the U.S. Territories citizens chose two great Americans, islation to the floor, and especially and the District of Columbia this opportunity had their statues designed and actually Chairman BRADY and all his efforts and and vote in favor of H.R. 5493, as amended. built and placed in the District’s city the members of his staff for their hard Mr. SABLAN. Mr. Speaker, I support H.R. hall until such time as this bill, or my work in bringing this bill. 5493, authorizing the District of Columbia, original bill, passed the House. And if Mr. HOYER. Mr. Speaker, the U.S. Capitol American Samoa, Guam, Puerto Rico, the Vir- this bill passes, for now, they will have features statutes from every State in our gin Islands, and the Northern Mariana Islands union—statues that honor some of the most to decide which one of two great men each to display a statue here in the Capitol. memorable and influential people in America’s will represent the city. This will be dif- I thank the gentleman from American history. The people of the District of Columbia ficult because it speaks volumes about Samoa, ENI FALEOMAVAEGA, who has cham- are part of our union, as well: They pay fed- who we are in the District, that the pioned this idea to include the territories for eral taxes, vote in presidential elections, and two men chosen were not only long- many years. And I thank my colleagues on share citizenship with us. time distinguished District of Colum- both sides of the aisle who support the non- But when it comes to seeing the District’s state areas of our country each having one bia residents but also are great Ameri- most notable citizens honored here in the cans apart from their District identity. statue of a distinguished person they regard Capitol, in their own city, the people of Wash- as worthy of praise and commemoration dis- Frederick Douglass, born a slave, ington, DC have again been left out. That who became the greatest human rights played here. needs to change. Currently, the National Statuary Hall Collec- leader of his time but also was U.S. This bill would give the people of the District tion holds statues from all 50 states. Each has Marshal for the District of Columbia. of Columbia—along with the people of the ter- produced native sons or daughters who exem- And District of Columbia recorder of ritories of Puerto Rico, the U.S. Virgin Islands, plify the state’s sense of itself or who have deeds. And, of course, resident of American Samoa, Guam, and the Northern played a significant role in the history of this Southeast Washington, whose majestic Mariana Islands—their due in the U.S. Capitol. great United States of America. H.R. 5493 will home is now a National Park Service I believe, in fact, that the District of Colum- recognize that the non-state areas of our Na- site with thousands of visitors who bia deserves two statutes, just like any State; tion have also contributed and sacrificed for come each year. And Pierre L’Enfant, but failing that, I believe that some recognition America. As Americans, we, too, would like to the great patriot of the American Rev- is better than none. share our experience and our pride, as em- olutionary War, later appointed by The people of the District of Columbia have bodied in one individual, with the rest of the George Washington to design the Na- made remarkable contributions to America’s American people here in our Capitol. tion’s Capital. history, its culture, and its ongoing work to I ask that my colleagues support H.R. 5493. We have decided it is better to have guarantee equal rights to all—and it’s time that Mr. BRADY of Pennsylvania. Mr. Speaker, to decide which one of two great resi- those contributions are recognized here in the H.R. 5493, as amended, will grant to the Dis- dents of the District of Columbia will heart of our democracy. trict of Columbia and the five territories of the represent our city for now than to have I urge my colleagues to support this bill. United States the right to each place one stat- no choice at all. I ask this House to Ms. BORDALLO. Mr. Speaker, I rise today ue honoring a distinguished individual into the support this bill. And again, I thank in strong support of the bill in the nature of a National Statuary Hall Collection in the U.S. Mr. LUNGREN for his compromise in in- substitute to H.R. 5493, a bill to provide for Capitol. Currently, there are 100 statues in the troducing it. the furnishing of a statue by each of the U.S. Collection, with each of the 50 states rep- Mr. DANIEL E. LUNGREN of Cali- Territories and the District of Columbia for dis- resented by two statues. fornia. I yield myself as much time as play in Statuary Hall in the United States Cap- The Committee on House Administration I may consume. itol. I would like to thank my colleagues Con- had originally reported two bills on this sub- I thank the gentlelady for those nice gresswoman ELEANOR HOLMES NORTON of ject. H.R. 5493, by the gentlewoman from the comments. I understand the impor- Washington, DC, and Congressman ENI District of Columbia, would have given the tance of having a statue that reflects FALEOMAVAEGA of American Samoa for their District the right to have two statues. H.R. the people of the District of Columbia work on this legislation. I would also like to 5711, by the gentleman from American and the territories. I remember the thank Congressman ROBERT BRADY, Chairman Samoa, would have given American Samoa, pride that we had, as Californians, of the Committee on House Administration Guam, Puerto Rico, the Northern Mariana Is- when we brought the statue of Ronald and Congressman DANIEL LUNGREN, Ranking lands and the Virgin Islands one statue each. Reagan here just about a year and a Member of the Committee on House Adminis- It became unlikely that these bills could half ago. That is a great example of tration for working with the Delegates from the pass the House separately, and there has someone who was not born in Cali- territories and agreeing to amend the bill with been continuing controversy about giving the fornia but someone who rose to great substitute language that authorizes one statue District of Columbia two statues. Therefore, I prominence in California and someone for each of the U.S. territories. am supporting this amended legislation in the who loved our State. For Americans across the country, one of form recommended by the Ranking Minority the key highlights of a visit to the U.S. Capitol Member, Representative LUNGREN, to grant b 2110 is locating and observing the statues rep- each jurisdiction one statue. I have become So I appreciate very, very much, and resenting their home states. It is an oppor- convinced that this is an excellent compromise I love this spirit of bipartisanship that tunity to see that their local history is rep- which will provide an opportunity for all of the city has shown to choose Mr. resented and valued in our Nation’s Capitol, these jurisdictions to enjoy representation in L’Enfant, who, of course, was a historic and a chance to share that history with others the National Statuary Hall Collection. figure before we had the Democratic or from around the country. However, visitors Mr. Speaker, no Federal funds would be Republican Parties, and Frederick from America’s five territories and the District needed to implement this legislation. All costs Douglass, a prominent Republican and of Columbia are disappointed to find that they of production and placement of the statues a great American. have no representation in this time-honored would be borne by the District of Columbia So I thank you for that great choice. tradition. and the five territories. And I know who I’d vote for, but you H.R. 5493, as amended, would remedy this Mr. FALEOMAVAEGA. Mr. Speaker, have a choice of two great Americans situation by permitting each of the U.S. terri- I yield back the balance of my time.

VerDate Mar 15 2010 07:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00140 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.163 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8495 The SPEAKER pro tempore. The portation and infrastructure by creating a ried out his service with exemplary dignity question is on the motion offered by new collaborative approach to planning; and integrity: Now, therefore, be it the gentleman from American Samoa Whereas Silicon Valley is the home of the Resolved, That the House of Representa- Norman Y. Mineta San Jose International tives— (Mr. FALEOMAVAEGA) that the House Airport; (1) honors the accomplishments and legacy suspend the rules and pass the bill, Whereas, in 1977, Norman Yoshio Mineta, of a great American hero, Norman Yoshio H.R. 5493, as amended. along with Frank Horton, then a Republican Mineta, for his groundbreaking contribu- The question was taken; and (two- Member of Congress from New York, intro- tions to the Asian American and Pacific Is- thirds being in the affirmative) the duced into Congress a bipartisan resolution lander community and to our Nation rules were suspended and the bill, as that established the first 10 days of May, the through his leadership in strengthening civil amended, was passed. month when the first Japanese immigrants rights and liberty for all and for his dedica- The title was amended so as to read: arrived in the United States in 1843 and when tion and service to the United States; and Chinese laborers completed the trans- (2) memorializes the sacrifices and suf- ‘‘A bill to provide for the furnishing of fering that many Asian Americans, Pacific statues by the District of Columbia and continental railroad in 1869, as Asian Pacific American Heritage Week, which later was Islanders, and others like Norman Yoshio territories and possessions of the made into an annual event; Mineta endured so that we may unite with United States for display in Statuary Whereas, in 1990, the entire month of May compassion and pursue truth, liberty, jus- Hall in the United States Capitol.’’. was proclaimed to be Asian Pacific American tice, and equality for all in the United States A motion to reconsider was laid on Heritage Month; and the world. the table. Whereas, in 1978, under the leadership of The SPEAKER pro tempore. Pursu- f Norman Yoshio Mineta, Congress established ant to the rule, the gentleman from the Commission on Wartime Relocation and American Samoa (Mr. FALEOMAVAEGA) HONORING NORMAN YOSHIO Internment of Civilians and passed the most and the gentleman from California (Mr. MINETA important reparations bill of our time, H.R. DANIEL E. LUNGREN) each will control Mr. FALEOMAVAEGA. Mr. Speaker, 442, the Civil Liberties Act of 1988, by which the United States Government officially 20 minutes. I move to suspend the rules and agree apologized for sending families of Japanese The Chair recognizes the gentleman to the resolution (H. Res. 1377) hon- descent to internment camps and redressed from American Samoa. oring the accomplishments of Norman the injustices endured by Japanese-Ameri- GENERAL LEAVE Yoshio Mineta, and for other purposes. cans during World War II, including by mak- Mr. FALEOMAVAEGA. Mr. Speaker, The Clerk read the title of the resolu- ing available a total of $1,200,000,000, which I ask unanimous consent that all Mem- tion. included the creation of the Civil Liberties bers may have 5 legislative days in Public Education Fund to educate the public The text of the resolution is as fol- which to revise and extend their re- lows: about lessons learned from the internment; Whereas, in 1994, Norman Yoshio Mineta marks and to include extraneous mate- H. RES. 1377 founded and chaired the bicameral and bipar- rial on the resolution now under con- Whereas, in 1931, Norman Yoshio Mineta tisan Congressional Asian Pacific American sideration. was born in San Jose, California, to Japanese Caucus (CAPAC), comprised of Members of The SPEAKER pro tempore. Is there immigrant parents, Kunisaku and Kane Mi- Congress who have strong interests in pro- objection to the request of the gen- neta; moting Asian American and Pacific Islander tleman from American Samoa? Whereas, in 1942, during World War II, issues and advocating the concerns of Asian There was no objection. when President Franklin Delano Roosevelt Americans and Pacific Islanders; Mr. FALEOMAVAEGA. Mr. Speaker, signed Executive Order 9066, branding indi- Whereas CAPAC continues to advance the at this time I would like to yield all viduals of Japanese descent as ‘‘enemy full participation of the Asian American and aliens’’ solely on the basis of their ancestry Pacific Islander community in our democ- the time that he may want to consume and authorizing the relocation and incarcer- racy, particularly in the arena of public pol- to the distinguished author of this pro- ation of 120,000 individuals of Japanese de- icy; posed resolution, the gentleman from scent, Norman Yoshio Mineta and his family Whereas, in 2000, Norman Yoshio Mineta California (Mr. HONDA). were forced to leave their home and live in became the first Asian American to hold a Mr. HONDA. Mr. Speaker, as the the Santa Anita racetrack paddocks for 3 post in a Presidential Cabinet as Secretary chair of the Congressional Asian Pa- months before they were sent to their per- of Commerce under President William J. cific American Caucus, I rise in support manent assignment for the following years, Clinton and, in 2001, he became the first of House Resolution 1377 and to pay the Heart Mountain internment camp near Asian American to serve as Secretary of Cody, Wyoming; Transportation under President George W. tribute to my dear friend and mentor, Whereas, in 1953, upon graduation from the Bush, again displaying his honor and ability Norman Yoshio Mineta. University of California Berkeley’s School of to serve his country in a bipartisan manner; Throughout his career, Norm, a dis- Business Administration, Norman Yoshio Whereas Norman Yoshio Mineta has found- tinguished former Member of this Mineta joined the United States Army and ed, served as a board member of, or been a House, has broken through many glass served as an intelligence officer in Japan and key supporter of many community organiza- ceilings, not just for himself, but also Korea; tions critical to the infrastructure of the for the rest of us. Whereas, in 1967, Norman Yoshio Mineta Asian American and Pacific Islander commu- Norm was the first Asian American was appointed to a vacant seat on San Jose’s nity, including the Japanese American Citi- mayor of a major city, the first Asian city council, making him the first minority zens League Norman Y. Mineta Fellowship and first Asian American city council mem- Program, the Asian Pacific American Insti- American to hold a Presidential Cabi- ber in San Jose, and he was subsequently tute for Congressional Studies, the National net position, trusted by both Demo- elected to that seat; Council for Asian Pacific Americans, the cratic and Republican administrations. Whereas, in 1971, Norman Yoshio Mineta APIA Vote’s Norman Y. Mineta Leadership Norm has dedicated and continues to was elected mayor of San Jose, making him Institute, the Asian American Action Fund, dedicate much of his energy toward the the first Asian American mayor of a major the Asian Academy Hall of Fame, the Asian building of the infrastructure needed United States city, during which time he Leaders Association, Nikkei Youth, Orga- for the Asian American and Pacific Is- provided leadership for all communities of nizing for America, the United States Asia lander communities to grow and thrive San Jose, including minority communities, Center, and the America’s Opportunity to what they are today. strengthening community relations between Fund; racial and ethnic minorities and the city, in- Whereas Norman Yoshio Mineta received When I think of Norm’s legacy in our cluding the San Jose Police Department; the Presidential Medal of Freedom, the high- community, Mr. Speaker, I am re- Whereas, from 1975 to 1995, Norman Yoshio est civilian award in the United States, in minded of the poem, ‘‘Footprints in the Mineta was elected to the House of Rep- 2006 from President George W. Bush, and the Sand.’’ The poem’s last line reads: resentatives to represent California’s 15th Grand Cordon, Order of the Rising Sun from ‘‘During your times of trial and suf- District in the heart of Silicon Valley, serv- the Japanese Government, which was the fering, when you see only one set of ing as chairman of the Committee on Public highest honor bestowed upon an individual of footprints, it was then that I carried Works and Transportation of the House of Japanese descent outside of Japan; and you.’’ Representatives, the Committee’s Aviation Whereas after experiencing one of the Norm was one of the first in our com- Subcommittee, and the Committee’s Surface worst examples of Government-sanctioned Transportation Subcommittee, where he was racial discrimination in our Nation’s his- munity to see a light at the end of our a key author of the landmark Intermodal tory, Norman Yoshio Mineta dedicated the path, a path cleared by so many greats Surface Transportation Efficiency Act of greater part of his working life to the service before him, and to lead us forward. As 1991, taking politics out of funding for trans- of his community and his country, and car- with many movements, at times we

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For that I thank When times were tough, Norm carried and bayonets and interned in Wyoming you. us, strengthened only by his vision of solely because of their ancestry, he re- b 2120 the possible and his undying patriotism fused to allow the same injustices to and loyalty to this country. happen to innocent Muslim and Arab Mr. DANIEL E. LUNGREN of Cali- Norm had a hand in establishing and Americans. fornia. Mr. Speaker, I yield myself such strengthening so many of our commu- From his time in local government as time as I may consume. nity’s key national organizations and, mayor of San Jose, to his years in Con- Mr. Speaker, I rise today in support hence, deepened those footprints. These gress rising to the chairman of the of House Resolution 1377, honoring the span from policy advocacy coalitions House Transportation Committee, to accomplishments of Norm Mineta. I am like the National Health Council of his leadership as Secretary of Com- glad the gentleman from California Asian Pacific Americans, to voter en- merce for President Clinton and Sec- made it clear that, while we honor him, gagement organizations like APIA retary of Transportation for President Mr. Mineta is not yielding back his Vote, to organizations and fellowship Bush, Norm has remained rooted in so- time; he is very much with us. programs that develop the future lead- cial justice and love of country. Mr. Speaker, Secretary Mineta has ers of our community, such as the In 1980, Mr. Speaker, with the help of had a distinguished and praiseworthy Asian Pacific American Institute for Norm Mineta, Congress established the career in public service, and I am Congressional Studies, to the National Commission on Wartime Relocation pleased to join my colleagues in hon- Japanese American Memorial Founda- and Internment of Civilians. This com- oring him. tion and the Japanese American Citi- mission was charged with the duty of Born in San Jose, California, in 1931 zens League, to establishing the Con- examining executive order 9066, which to Japanese immigrant parents, it was gressional Asian Pacific American Cau- led to the internment of over 120,000 during World War II, due to Executive cus, which I chair today. American citizens during World War II. Order 9066, that he and his family were Some of the national accomplish- Three years later, in 1983, the com- deemed enemy aliens and were forced ments, because he is so connected to mission issued its findings in the book to leave their home and live in the our communities, Mr. Speaker, it is ‘‘Personal Justice Denied,’’ concluding Santa Anita racetrack paddocks for 3 easy to forget what a major player that the internment was based on ra- months before they were then sent to Norm has been on a national level. cial prejudice, war hysteria and a fail- their permanent location at the Heart During his 20 years in Congress, ure of political leadership. Mountain internment camp near Cody, Norm rose to the chairmanship of the Let me repeat, Mr. Speaker, a failure Wyoming. And as was suggested by the House Transportation Committee, of political leadership. gentleman from California (Mr. where he authored the landmark Inter- Throughout his long and distin- HONDA), despite this humiliation, Sec- modal Surface Transportation Effi- guished service to our Nation, Norm retary Mineta persevered. ciency Act of 1991. Mineta has committed himself to mak- In 1953, he graduated from the Uni- And Norm was instrumental in the ing sure that our country never has a versity of California Berkeley School passage of H.R. 442, the Civil Liberties failure in political leadership like it of Business Administration and joined Act of 1988, which provided an official did 7 years ago. the United States Army, serving as an government apology and redress for Every time I step into the well of intelligence officer in Japan and Korea. Japanese Americans interned during this House, I’m reminded of the exam- In 1967, he became the first person of World War II, people like Norm, and ple Norm set for me and for others minority descent to serve on the San the late Congressman Bob Matsui, his throughout his life in public service. Jose City Council. In 1971, he was elect- wife, Congresswoman DORIS MATSUI It is telling that during this heated ed mayor of San Jose, thereby becom- and myself. ing the first Asian American mayor of In his last year in office, President political climate, both Republican and a major U.S. city. Clinton appointed Norm Secretary of Democrats can come together to honor In 1975, he was elected to the U.S. the Commerce Department, making a man whose service supersedes party House of Representatives, representing him the first Asian American to hold a affiliation. the 15th District of California. He Cabinet post. I thank Norm for his years of friend- The following year, when President ship and mentorship. I thank his fam- served in this House until 1995. In Con- George W. Bush was organizing his ily, his wife, Deni, his two sons, David gress, he chaired the Committee on Cabinet, he searched the country for and Stuart, his stepsons, Robert and Public Works and Transportation, and the most qualified person on transpor- Mark, his grandchildren, and his sister, was a key author of the landmark tation issues and a leader who could Etsu, and four other brothers and sis- Intermodal Surface Transportation Ef- put the interests of the country above ters for giving Norm a life outside of ficiency Act of 1991. He also, as was party politics. President Bush found work. And we know that Norm still has said, helped establish the Asian-Pacific that leader in Norm and appointed him many years of advocacy and leadership American Heritage Week and Asian- Secretary of Transportation. Norm still in him. Pacific American Heritage Month, served as Secretary of Transportation Mr. Speaker, I want to also thank which rightly recognizes the role and from 2001 to 2006, the longest serving Chairman BRADY and the House leader- participation of Japanese immigrants Secretary in the history of the Depart- ship for bringing this resolution to the and Chinese laborers in our country. ment. floor. It was through his leadership, along How fortunate our country was, Mr. And before I ask my colleagues to with others, including Senator INOUYE Speaker, to have had a tested, experi- support this passage, and before I yield on the Senate side, that the Commis- enced leader like Norm Mineta at the back the balance of my time, I just sion of Wartime Relocation and Intern- helm of the Transportation Depart- want to make it clear that this is not ment of Civilians was established in ment during the 9/11 terrorist attacks. a memorial resolution. This is a resolu- 1978, and 10 years later the Civil Lib- Norm issued a historic order to ground tion to recognize a man and his work erties Act was passed, offering appro- all civilian air travel on that fateful while he’s still alive and appreciated. priate apology for the actions taken day and had the skill to get the thou- And I know that, quite frankly, he’s against Japanese Americans during sands of planes back up in the air and not prepared to accommodate a memo- World War II. the passengers safely home to their rial. Mr. Speaker, I was proud to serve as families. And so with that, Mr. Speaker, I vice chairman of that commission. It What impresses me most about want to thank my colleagues, the lead- was at the urging of Mr. Mineta and Norm’s leadership as Secretary of ership, for this opportunity to be able Bob Matsui that I agreed to serve on

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As has been mentioned, Mr. Speaker, first Asian American to hold a post in they lived surrounded by barbed wire the distinguished career of Norm Mi- a Presidential cabinet, as he served as as the war dragged on. neta included service in the House of Secretary of Commerce under Presi- For some, such treatment would Representatives, where he represented dent Clinton, and then, of course, in make them abandon their country, but his district in California. As further- 2001 became the first Asian American not Secretary Mineta. After graduating more has been noted, he was subse- to serve as our Secretary of Transpor- from business school at Cal Berkeley, quently appointed as the U.S. Depart- tation. he signed up for the Army and served ment of Transportation Secretary, hav- He was awarded the Presidential the very Nation that imprisoned his ing served as George W. Bush’s DOT Medal of Freedom in 2006, that of family, and he served as an intelligence course the highest civilian award given Secretary. officer in Japan and Korea. I met Norm Mineta initially in the in the United States, and granted the This dedication to service never left Grand Cordon, the Order of the Rising well of the people’s House. It involved him, and when asked to join the San one of the first bills that I managed on Sun, the highest honor bestowed upon Jose City Council he jumped at the an individual of Japanese descent by the floor. In fact, it was my first man- chance. With this City Council seat, he aged bill. Norm and I were on opposite the Japanese government. became the first minority and first Norm Mineta has lived a great life of sides of that bill, and Norm’s side pre- Asian American City Council member vailed. Norm then came to me across service, of sacrifice, and dedication to in San Jose. It wasn’t long before he this country. This resolution appro- the aisle and expressed his thanks for was elected the first Asian American the manner in which I had managed priately honors his accomplishments, mayor of a major U.S. city, and thus his legacy, and it also inspires and en- the bill. I was a fledgling rookie, Mr. began a long line of major accomplish- Speaker; Norm Mineta, a seasoned, courages us to reflect upon and remem- ments for a leader who was ahead of his ber the lessons of his distinguished life. highly-regarded Member of the United time. States House of Representatives. But I might say it was a pleasure to serve It is because of Secretary Mineta, in the House of Representatives during this was vintage Mineta, always mak- who introduced legislation when he the 1980s with Norm Mineta. You may ing others feel special, always ele- was in Congress, that we designate have differences of opinion with him, vating others. May as Asian-Pacific American Herit- but he never allowed it to rise to a Once he became the DOT Secretary, age Month. Because of that, today all level of being disagreeable. He was Norm learned that I had previously Americans are reminded of the many someone that you could always speak served in the United States Coast contributions Asian Americans have with. And even though you may have Guard. The Coast Guard at that time made to this country. It was Secretary different positions on issues on this was a Department of Transportation Mineta who spearheaded the long push floor, I don’t think I ever heard a cross service. Norm Mineta then began ad- and final passage of the Japanese word come from Norm Mineta with re- dressing me simply as ‘‘Coasty.’’ To spect to other Members in this House. American reparations bill. Because of this day, I am known by Norm Mineta I certainly thank Congressman him, finally there was an apology and as ‘‘Coasty.’’ HONDA and Congresswoman CHU, both relief to the 120,000 Japanese Ameri- So, Norm, your old ‘‘Coasty’’ pal is from the great State of California, for cans who lost everything while being honored to have participated in this offering this resolution, and I am proud interned during World War II just be- resolution recognizing the accomplish- to be a cosponsor and urge my col- cause of their ancestry. ments of Norm Mineta. Best regards to leagues to support this resolution. And it was Secretary Mineta who co- you, Norm, and to your family. I reserve the balance of my time. founded and cochaired the Congres- Mr. FALEOMAVAEGA. Mr. Speaker, Mr. FALEOMAVAEGA. Mr. Speaker, sional Asian Pacific American Caucus. from California to Massachusetts, I there seems to be a California con- Today, our caucus is 11 members gladly yield 3 minutes to my good spiracy here in considering this impor- strong, providing a unified voice for friend, the gentleman from Massachu- tant legislation. But be that as it may, issues unique to the Asian American setts (Mr. FRANK). I am honored to yield 5 minutes to the community. Mr. FRANK of Massachusetts. Mr. distinguished lady from California (Ms. And that was all before he became Speaker, I came to the floor to do a CHU). Secretary. A decade ago, he was ap- Special Order, which I will do subse- Ms. CHU. Mr. Speaker, I rise today to pointed by President Clinton as the quently, but I then saw that this was honor one of America’s great pioneers. U.S. Secretary of Commerce, making on the agenda and I was moved to Secretary Norman Mineta is a role him the first Asian American to be a speak. model for Americans of every color, Cabinet member, and then he was ap- I had the great honor of being the background, and creed. His story is one pointed—the only Democratic Cabinet chairman of the Subcommittee on Ad- of sacrifice, hardship, dedication, and Secretary under President George ministrative Law when the Japanese triumph. His success in the face of ad- Bush—to head the Department of reparations and apology bill was versity is not only important to Asian Transportation. And, after 5 years in passed. Norm Mineta and the late Bob Americans but to all Americans. the post, he became the longest-serving Matsui approached me when I became Secretary Mineta was born to Japa- Transportation Secretary in the De- chairman, this was several years after nese immigrant parents who came to partment’s history. the report had come out, and we talked America for a better life, even though I can think of no one more deserving about it. they faced harsh conditions, particu- for this body to honor than Secretary I had, in college, read the case, which larly in the halls of Congress. After Mineta. He is an inspiration to many, appalled me, when the U.S. Supreme passage of the Asian Exclusion Act, including me, and we owe a debt of Court denied any relief to the Japanese Japanese immigrants were prohibited gratitude for all that he has done to Americans who had been so brutally from becoming citizens, forced to carry put Asian Americans on the map and mistreated with no justification, so I papers with them at all times, and to put America on the map. It is be- was well aware of it when I came here, often harassed and detained. If they cause of his leadership that America is and I was very pleased to have the op- couldn’t produce the proper documents, a better and stronger Nation today. portunity to work with two great men, authorities threw them into prison or Mr. DANIEL E. LUNGREN of Cali- Norm Mineta and Bob Matsui, to undo even out of the country. fornia. Mr. Speaker, I am very pleased this. But it didn’t end there. When Mineta to yield 3 minutes to the gentleman I had the enormous honor, Mr. was a young boy, he and his parents from North Carolina (Mr. COBLE) to Speaker, inspired by them, of being

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00143 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.167 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8498 CONGRESSIONAL RECORD — HOUSE December 15, 2010 able to read on the floor of this House opportunity to work with Norm Mineta despite all of that, despite all of that, the words from that bill, ‘‘On behalf of on that bill and having watched the some 10,000 Japanese American men the Nation, Congress apologizes.’’ I way in which he dealt with it, the way volunteered to serve and fight our cannot think of a greater example of in which he turned what could have enemy during World War II, and as a the true strength of this Nation than been a source of anger into a lesson for result, the 100th Battalion, 442nd Infan- for us to have voted, Yes, we apologize. all of us about the indivisibility of the try were organized. And get a load of We did wrong. So I was very pleased to fight for justice, will be one of the this, Mr. Speaker, there were 18,000 in- work with Norm. highlights. dividual medals, 9,000 Purple Hearts, But here is the point I wanted to add. I thank all of those involved for some 560 Silver Stars, 52 Distinguished I had been the chairman. It was my job bringing this forward. Service Crosses, and only one Medal of to do this, and we got the bill through. Mr. DANIEL E. LUNGREN of Cali- Honor. Only one Medal of Honor, Mr. Several years after that, at the Japa- fornia. If the gentleman from Amer- Speaker. nese American Citizens League, a ican Samoa has no other speakers, I I am so happy that during the Clin- group of younger people offered an yield back the balance of my time. ton administration this was corrected. amendment to support the right of gay Mr. FALEOMAVAEGA. I yield my- When there was a review process, 19 ad- men and lesbians, people like myself, self such time as I may consume. ditional Medals of Honor were awarded to express their love for each other by (Mr. FALEOMAVAEGA asked and to these Japanese American soldiers marrying. That was early in the move- was given permission to revise and ex- who fought for our country in World ment for this, and there was kind of a tend his remarks.) War II, and it so happens that Senator generational divide, I believe, about Mr. FALEOMAVAEGA. Mr. Speaker, INOUYE was one of those recipients of what should happen. not wanting to be repetitious, and I the Medal of Honor. Norm Mineta, by then a senior Mem- think all has been said by our previous So I want to share that little bit of ber of Congress, was involved. Now, he speakers, I do want to thank the gen- history with my colleagues. Norm Mi- got involved voluntarily. Members here tleman from California for his support neta is truly a giant of a man, and will understand. We have enough con- of this legislation, and Chairman among the 15 million Asian Pacific troversy here on the floor. We don’t BRADY as well and members of the Americans, we are so proud to see what generally seek out controversies that House Administration Committee. he has done, not only as a leader, but don’t involve our formal duties. Indeed, Mr. Speaker, I learned something providing tremendous service to our we tend to duck them. that I don’t think was ever mentioned Nation. Norm Mineta intervened in that de- in my personal and close association b 2140 bate, not inappropriately, but in the and in knowing this giant named Norm formal sense of an intervention, and Mineta and my former colleague, the I want to say that, Mr. Speaker, re- said, in words that move me to this late Congressman Bob Matsui. The in- spectfully, and with my good friend day, that a gay man, myself, had been teresting thing about the history of from Massachusetts and the delegation the chairman of the committee that these two distinguished gentleman, Mr. from California for their support of brought forward this bill, and after Speaker, is that they were both incar- this proposed legislation. that, how could he and how could an cerated in these relocation camps that We gather today to honor a special man— organization in which he played a I call concentration camps when they a dear friend and mentor to me—Mr. Norman major role deny our basic rights? were in their early years, 5, 6, 7 years Yoshio Mineta. I thank the gentleman from Now, obviously that meant a great of age. California, Mr. HONDA, for sponsoring this res- deal to me, but it meant something of One of the distinguished things that I olution, and I thank my fellow Members of universal appeal. Here was Norm Mi- always remember that Norm shared Congress who join us today. neta, having worked hard and led us to with us, the story about being in these Norman Mineta is a ground-breaker and a deal with the grave injustice to which relocation camps when they were in pioneer. His accomplishments and his char- he had been subjected, making a point their youth, was the nature of how acter make him a role model to former col- that I hope Members will understand: these machine gun nests were being leagues, to Members of Congress and other Injustice cannot be divided and fought placed within the compound. The inter- government leaders, to his former constituents by some and not by others. It cannot be esting thing is they asked what is the and his community, to Asian-Pacific Ameri- that people will object only when they purpose of having these machine gun cans, and to anyone wanting to make a con- are treated unfairly but turn their nests on these compounds where the tribution to their country through public serv- backs when others are treated the Japanese Americans were being in- ice. same. terned. They were told these were to As a pioneer, Mr. Mineta is a man of many The SPEAKER pro tempore. The protect them from outsiders who may ‘‘firsts.’’ He was the first Asian-Pacific Amer- time of the gentleman has expired. come to do them harm. What is even ican mayor of a major U.S. city, serving as Mr. FALEOMAVAEGA. I yield the more ironic about this is the fact that mayor of San Jose from 1971–1975. He was gentleman 1 additional minute. the machine guns were pointed inward also the first Asian American to hold a post in Mr. FRANK of Massachusetts. Norm into the compound, rather than having the presidential cabinet, appointed as Sec- Mineta, in a very uncharacteristic act, any sense of concern to worry about retary of Commerce in 2000 by President Clin- not for Norm, who was a great, gen- what may happen outside the com- ton. In 2001, Mineta was appointed to a cabi- erous man, Norm Mineta, in an act pound. net post once again as Secretary of Transpor- uncharacteristic for a Member of Con- Mr. Speaker, as a former member of tation in the Bush Administration, also becom- gress, involved himself in that debate the 100th Battalion, 442nd Infantry ing the first Asian-Pacific American to hold the to make the point—not simply about Group in the State of Hawaii, it has position, and the first Secretary of Transpor- me; I was incidental to the broader been my privilege to serve as a proud tation to have previously served in a cabinet point he was making—that human member of the 100th Battalion, 442nd position. At the end of his term in 2006, Mi- rights ought to be treated as indivis- Infantry. neta was the longest-serving Secretary of ible, that it is not for this group and Just to give you a little sense of his- Transportation since the position’s inception in that group, and that people should, yes, tory of what the legacy and what Norm 1967. fight for themselves, but having fought Mineta represents as far as American Before his successes in the Clinton and for themselves, they should not stint history is concerned, despite all the Bush administrations, Mineta represented Cali- from fighting for others. height of racism and bigotry that was fornia’s Silicon Valley area in the U.S. House That was a lesson that Norm taught heaped against Americans who hap- of Representatives for 20 years. During his a whole lot of people in, as has been pened to be of Japanese ancestry—they years of outstanding leadership, Mineta also said, not an obnoxious way, a loud way, were herded like cattle, over 100,000 chaired the House Public Works and Trans- but with a genuine warmth and sin- Americans, men, women, and children, portation Committee between 1992 and 1994. cerity. put in several of these camps for fear Before becoming Committee Chair, he served As I look back at some point on my that they might cause problems and as Chair for the Committee’s Aviation Sub- congressional career, having had the whatever they felt was necessary—but committee from 1981 to 1988, and its Surface

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00144 Fmt 4634 Sfmt 9920 E:\CR\FM\K15DE7.169 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8499 Transportation Subcommittee from 1989 to efforts to promote ideals for the well-being of munity made by my friend and former col- 1991. Asian American and Pacific Islanders, as well league, Norman Mineta. In my own life, Mr. Mineta has played an in- as all Americans. Norman’s remarkable life has taken him fluential role, setting the path for future Asian- The history of Asian Americans and Pacific from a World War II Wyoming internment Pacific Americans who serve in this Chamber. Islanders will continue to shape our Nation as camp to the Halls of Congress and consecu- In 1994, Mineta founded the Congressional their contributions make America a greater na- tive cabinet positions under two Presidents— Asian Pacific American Caucus (CAPAC), and tion. This is why Asian American and Pacific one Democrat and one Republican. served as its first Chair. Since inception, Islander issues must continue to be a part of He was still in Congress when I was first CAPAC has been a strong advocate for the the great American debate. elected—and a mentor to California newbies Asian-Pacific American community on critical Today, we honor Former Congressman Mi- like me. When he resigned in 1995 to join issues such as housing, healthcare, immigra- neta for his accomplishments which have Lockheed Martin, he did a considerable tion, civil rights, economic development, and strengthened our entire nation. His legacy amount of good in my district and our friend- education, just to name a few. I am honored continues to remind us that liberty and justice ship grew. to serve with Mr. HONDA and our fellow mem- for all can indeed be a reality for all. In 2000, he was appointed by President bers in this body of advocates, continuing the Ms. HIRONO. Mr. Speaker, I rise today in Clinton as the Secretary or Commerce—the groundbreaking path that Norman Mineta support of H. Res. 1377, which recognizes the first Asian American to hold a Cabinet post. helped to pave for the Asian-Pacific American accomplishments of a great American and a He then became the longest serving Secretary community. role model for the entire American Asian and of Transportation in U.S. history, under Presi- Truly Norman Mineta’s service is remark- Pacific Islander community—Norman Yoshio dent Bush. able. Yet what makes his story even more re- Mineta. As the lone Democrat in a Republican Cabi- markable is his example of overcoming hard- Secretary Mineta’s long list of accomplish- net, Norm was a trailblazer for bipartisanship ship while maintaining a heart of service. Born ments have and continue to be a source of at a time when the Nation was deeply divided. in San Joe to Japanese immigrant parents, a great pride to the Asian American community. When the planes hit the Pentagon and Twin young Mineta, along with thousands of other At a time when few Asian Americans or Pa- Towers on 9/11, Norm was the steady hand Japanese immigrants and Japanese Ameri- cific Islanders were visible in the public sector, that the country needed to issue the unprece- cans, spent the early years of his life in Japa- Norm was elected to Congress and rose to dented order to ground all civilian aircraft traf- nese internment camps. Yet Mineta continued become Chairman of the House Transpor- fic. with a spirit of service and excellence, grad- tation and Infrastructure Committee, on which As a public official who has served his uating from business school, serving as an in- I currently serve. I am always happy to see his country for more than 40 years, Norm has telligence officer in the U.S. Army, and later face among the many portraits of chairmen lin- been an advocate of equal rights and oppor- reaching unprecedented heights in his service ing the walls of the committee room. He tunity for all Americans, has faced and over- to his Silicon Valley community, the Asian served as Secretary of Commerce under come serious debilitating back problems and American community, and the nation. President Bill Clinton and Secretary of Trans- been devoted to his wife Deni and their blend- Today I ask my fellow Members of Con- portation under President George W. Bush. ed family. gress to honor a man whose character, patri- I especially remember Norm’s swearing in Norm is a wonderful man and reflects the otism, and heart of service calls for our sin- as Secretary of Commerce. I met Norm shortly best in a public servant. cere respect and gratitude. Norm, today I cele- after becoming Hawaii’s Lieutenant Governor. Ms. ZOE LOFGREN of California. Mr. brate and thank you for your service. More im- We quickly became friends. I was so thrilled Speaker, I rise today in support of H. Res. portantly, I thank you for your example to the when I learned of his appointment as Sec- 1377, honoring the accomplishments of Nor- citizens of this nation. retary of Commerce that I flew up to Wash- man Yoshio Mineta. I urge my colleagues to support this legisla- ington on very short notice to attend his Norm Mineta has had an extraordinary ca- tion. swearing-in ceremony. reer as a public servant, making countless Mr. AL GREEN of Texas. Mr. Speaker, it is In addition to his more publicly acknowl- contributions both to our nation and to the city with great enthusiasm that I support House edged accomplishments, Norm is well recog- of San Jose, which I’ve had the pleasure of Resolution 1377 honoring the accomplish- nized as a champion for ensuring the full par- representing since 1995. ments of the Honorable Norman Mineta. ticipation of Asian Americans and Pacific Is- Norm Mineta was born in San Jose in 1931, Former Congressman Norman Mineta is an landers in American life. He is an acknowl- to Japanese immigrant parents who owned a outstanding leader and a noble American. edged leader in attaining redress for Japanese successful insurance company. In 1942, fol- Former Congressman Mineta lived through Americans who were interned during World lowing the attack on Pearl Harbor, Executive a dark time in our Nation’s history when we War II. As a child, his family was relocated to Order 9066 declared all persons of Japanese forced Japanese Americans into internment an internment camp so he understood well ancestry to be ‘‘enemy aliens,’’ and his family, camps based solely on their heritage. He was how the injustice, hardship, and humiliation of along with many other Japanese-American forced to leave his home and eventually sent this shameful episode impacted the Japanese families, was forced to relocate to an intern- to the Heart Mountain Internment Camp near American community. As a member of Con- ment camp. Despite this treatment, Mr. Mi- Cody, Wyoming. This injustice is in part what gress, he established the Congressional Asian neta’s father volunteered to teach Japanese to prompted him to champion the struggle Pacific American Caucus (CAPAC), which re- American soldiers, and Mr. Mineta himself ulti- against social injustice and oppression. Con- mains active today. mately participated in the Reserve Officers gressman Mineta addressed the injustices We are all proud of Norm and thankful for Training Program while at the University of Japanese Americans endured during World all he did during his many years of public and California at Berkeley, and after graduating in War II with H.R. 442, the Civil Liberties Act of private service. But I also want to say some- 1953, served as an Army intelligence officer in 1988, which passed with his leadership. He thing about the man. He is a delight. Norm is Japan and Korea. Following his military serv- persisted in fighting for justice and equal rights a great storyteller; he has great comic timing ice, Mr. Mineta returned to San Jose to join for all. He has a human rights legacy worthy and a wonderful sense of humor. I feel very his father at the Mineta Insurance Agency. He of being honored by this august body. lucky to call him friend. was active in the community, serving on the Hence, today as we honor him for his ac- Norman Mineta exemplifies the Japanese Santa Clara Council of Churches, and the complishments, we are reminded of the moral concept of gaman—to endure the seemingly city’s Human Relations Commission. In 1967, imperative to fight against human indignities unbearable with patience and dignity. He was he was appointed to fill a vacant City Council and injustices. Former Congressman Mineta dealt a difficult hand in being uprooted with his seat, which he was later elected to, and in not only understood the value of acknowl- family and forced to live behind barbed wire 1971, he became the first Asian American edging our past mistakes but also took mean- for the sin of being of Japanese ethnicity. But mayor of a major U.S. city, when he was ingful actions to ensure that history does not he has created a beautiful life full of accom- elected as mayor of San Jose. From 1975 to repeat itself. plishment, the love of friends and family, and 1995, an important period of growth in Silicon Former Congressman Mineta reminds us the knowledge that he has truly made a dif- Valley, Norm Mineta represented California’s that collaborative efforts with the Asian Amer- ference. 15th district in the U.S. House of Representa- ican community can produce a greater Amer- Ms. HARMAN. Mr. Speaker, I rise today to tives. Over the course of his ten-term tenure ica. This is evidenced by his founding the honor the many achievements, years of public in Congress, his many accomplishments in- Congressional Asian Pacific American Caucus service and the tremendous contributions to cluded co-founding the Congressional Asian (CAPAC) which continues to use collaborative the Asian American and Pacific Islander com- Pacific American Caucus, securing a formal

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00145 Fmt 4634 Sfmt 9920 E:\CR\FM\A15DE7.086 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8500 CONGRESSIONAL RECORD — HOUSE December 15, 2010 apology and financial reparations for interned The yeas and nays were ordered. time we’ve set ourselves, which is very Japanese Americans, and serving as the The SPEAKER pro tempore. Pursu- important, is an issue that should not Chairman of the House Public Works and ant to clause 8 of rule XX and the encompass a focus on Social Security Transportation Committee. In 1995, Mr. Mineta Chair’s prior announcement, further and Medicare. returned to the private sector as a Vice Presi- proceedings on this motion will be He is not saying ignore Social Secu- dent at Lockheed Martin. In addition, he postponed. rity and Medicare, only that a rational served as Chair of the National Civil Aviation f way to go after the deficit in the near Review Commission, which offered a number term wouldn’t focus on them. And So- SPECIAL ORDERS of proposals for Federal Aviation Administra- cial Security, as he points out, Social tion (FAA) reform that were adopted by Presi- The SPEAKER pro tempore. Under Security is not going to be contrib- dent Clinton. In 2000, Mr. Mineta became the the Speaker’s announced policy of Jan- uting to the deficit at that point. In- first Asian American to serve in a Presidential uary 6, 2009, and under a previous order deed, Social Security at this point is in Cabinet when he was named as President of the House, the following Members such good economic shape that people Clinton’s Secretary of Commerce. The fol- will be recognized for 5 minutes each. have decided Social Security should be lowing year, President George W. Bush asked f a contributor to economic stimulus be- cause we are reducing the revenue that him to serve as his Secretary of Transpor- DEFICIT REDUCTION comes into Social Security for 2 years tation, where he played a key role in the na- by reducing the payroll tax. tion’s response to the attacks of September The SPEAKER pro tempore. Under a previous order of the House, the gen- Now I think that’s a useful stimulus, 11. In 2002, the San Jose International Airport but I regret the fact that it was not ac- was renamed the Norman Y. Mineta San Jose tleman from Massachusetts (Mr. FRANK) is recognized for 5 minutes. companied by a binding piece of legis- International Airport in honor of this native lation that will return that money son. In 2006, President Bush awarded Mr. Mi- Mr. FRANK of Massachusetts. Mr. Speaker, I have been troubled by what from elsewhere in the general fund so neta with the Presidential Medal of Freedom, that we don’t put Social Security fur- the highest civilian award in the United States. seems to me a mistaken focus in the debate about reducing the deficit. I do ther in the hole. But as Henry Aaron He has also received the Grand Cordon of the points out, yes, we should begin to look Order of the Rising Sun from the Japanese agree that it is important to reduce the deficit. Indeed, Mr. Speaker, I now be- at Social Security and the problems of Government. 30 years from now. My own view is that I urge my colleagues to join me in sup- lieve that I am more focused on reduc- ing the deficit than many of my col- you do that mostly by increasing the porting this resolution and honoring Mr. Mi- level of income on which the tax is lev- neta’s contributions and service to our country leagues, including on the other side of the aisle, who have with great alacrity ied, but there is no need to begin doing and to the city of San Jose. that right away. Mr. MCNERNEY. Mr. Speaker, I rise today put deficit reduction aside in favor of a fairly indiscriminate degree of tax re- I should have said this earlier, Mr. in support of H. Res. 1377, a resolution hon- Speaker. Two of the greatest accom- oring the accomplishments of Norman Yoshio ductions. A couple of weeks ago, we were told plishments of America in the 20th cen- Mineta. As a proud member of the Congres- tury, Social Security and Medicare, ac- that reducing the deficit was the num- sional Asian Pacific American Caucus complished an important goal. They ber one priority, but reducing the (CAPAC), I think it is important to honor Mr. made it the case that poverty was no taxes, particularly on the wealthiest in Mineta, the founder and first chair of the orga- longer going to be the rule for many America, rapidly overtook deficit re- nization, and I commend my colleague, Mr. older people. Prior to Social Security duction. I hope we will get back to it. HONDA for introducing this resolution. and then Medicare, poverty was too What troubles me is the extent to Despite suffering a great historic injustice often the reward for living long enough which people, mainly on the Repub- and spending several difficult childhood years if you weren’t rich. We have brought lican side, but elsewhere as well, have in an internment camp during World War II, older people on the whole—not en- Norm Mineta has dedicated much of his life to said that what we need to do most to tirely—out of poverty. There are still public service. Mr. Mineta served our country get the deficit down, as we should, is to enough low-income older people that I in the Army as an intelligence officer in Korea reduce entitlements. That’s a polite greatly regretted the fact that this and Japan before starting his political career way of saying they want to cut Social House and the Senate, which are appar- as the first minority city council member in Security and Medicare and Medicaid, ently ready to give multimillionaires San Jose, California. He went on to serve as even though Medicaid is not an entitle- tax breaks, couldn’t support $250 per San Jose’s mayor, after which he became a ment. But those are the things that are person for Social Security recipients, Member of Congress. Mr. Mineta was also a on the agenda. some of whom were wealthy but many trusted adviser to presidents of both political In fact, that is neither socially or of whom are quite poor. And I have parties, serving as Secretary of Commerce in economically the sensible way to begin people saying, Well, you don’t want to the Clinton Administration and as Secretary of with the short-term—near-term deficit give Warren Buffett $250. Mr. Buffett, Transportation under President George W. reduction we need. We shouldn’t say to his credit, has objected to a $250,000 Bush. In these capacities, Mr. Mineta achieved short-term. We do, I believe, need some grant that he is being offered—more many significant accomplishments in transpor- stimulus. I’m glad we are extending un- than that—in the tax reduction that is tation, technology, national security, com- employment compensation. I wish we being offered—tax reduction from what merce, and minority rights. were doing more to help cities and current law would be. Norm Mineta is a true leader of our country, States keep people on the payroll. The But Henry Aaron makes the point and it is only fitting that he is honored for his private sector has added jobs in these that focusing on Social Security is tak- lifetime of commitment and work. I encourage past few months. Job growth has been ing up a very controversial issue way my colleagues to support H. Res. 1377, and held down because the public sector prematurely. And as for Medicare, here look forward to its passage. has been forced at the State and local is what he said, which is of great social Mr. FALEOMAVAEGA. Mr. Speaker, level to fire people. But this focus on and economic importance: ‘‘To slash I yield back the balance of my time. Medicare and Social Security is mis- Medicare and Medicaid spending before The SPEAKER pro tempore. The taken economically and politically. reforms to the health care system bear question is on the motion offered by Mr. Speaker, let me calculate; about fruit would mean reneging on the Na- the gentleman from American Samoa 45 years ago, I took an economics tion’s commitment to provide standard (Mr. FALEOMAVAEGA) that the House course in graduate school from a young health care for the elderly, the dis- suspend the rules and agree to the reso- assistant professor named Henry abled, and the poor. The only realistic lution, H. Res. 1377. Aaron. I was impressed with him then, way to realize big savings in the two The question was taken. and I’ve been impressed with him since. programs is to reform the entire health The SPEAKER pro tempore. In the In the New York Times recently he had care payment and delivery system in a opinion of the Chair, two-thirds being an article in the op ed page headlined: way that will slow the growth of all in the affirmative, the ayes have it. ‘‘All or Nothing Equals Nothing,’’ in health spending.’’ Mr. FALEOMAVAEGA. Mr. Speaker, which he argued that the focus on re- I am asking, Mr. Speaker, that Mem- on that I demand the yeas and nays. ducing the deficit by 2020, which is the bers read this. Henry Aaron is a great

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00146 Fmt 4634 Sfmt 0634 E:\CR\FM\A15DE7.090 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8501 economist. He has studied Social Secu- Security would replace for future retirees. duction as soon as recovery is securely under rity as well as anybody. He has studied This ‘‘replacement rate’’ is already set to de- way, reform Social Security soon and reso- Medicare. He makes the point that fo- cline under current law, but the plan would lutely carry out the Affordable Care Act so cusing almost exclusively on those—or cut it further, by as much as 22.5 percent. that the growth of Medicare and Medicaid The proposed changes in Social Security, can be slowed, Trying to do everything at primarily on those—as a way to end Medicare and Medicaid (whose acceptance by once only makes it difficult to do anything the deficit is bad social, economic, and Congress is not assured, to say the least) ac- at all. political policy. count for only 5 percent of the deficit reduc- f Let me say at this point, Mr. Speak- tion that the overall plan would achieve by The SPEAKER pro tempore. Under a er, speaking for myself, not for Aaron, 2020. To be sure, they promise to do consider- previous order of the House, the gen- there are things we can do in the near ably more in later years. But they are large- tleman from Texas (Mr. POE) is recog- term. If we hadn’t gone into Iraq, that ly extraneous to the immediate goal of def- icit reduction and debt stabilization by 2020. nized for 5 minutes. terribly mistaken war in which so The president’s debt-reduction commission (Mr. POE of Texas addressed the many brave Americans suffered, we advances even larger changes to Social Secu- House. His remarks will appear here- would have a trillion dollars more than rity—cuts of up to 41.5 percent—a longer list after in the Extensions of Remarks.) we have today. We are grossly over- of near-term changes to Medicare and a blan- extended in having military presence ket cap on the longer-term growth of overall f all over the world where it is needed health care spending. But approach is simi- b 2150 lar to that of the Bipartisan Policy Center’s and where it isn’t. We continue to HONORING THE LIFE AND SERVICE spend tens and tens of billions of dol- in that it relies primarily on cuts in other government spending and on tax increases to OF PETTY OFFICER ZARIAN WOOD lars a year protecting Western Europe reduce the deficit. The SPEAKER pro tempore. Under a when they’re not in danger and can Stabilizing the debt must begin as soon as protect themselves. economic recovery is well established and previous order of the House, the gen- So let’s focus on reducing military must be accomplished over the next decade tleman from Texas (Mr. OLSON) is rec- spending, let’s rationalize agriculture in order to prevent the ratio of debt to ognized for 5 minutes. spending, let’s put some restraints G.D.P. from becoming excessive. Timely def- Mr. OLSON. Mr. Speaker, I rise today elsewhere. But as Henry Aaron cor- icit reduction is therefore urgent. Asking to pay tribute to Navy Petty Officer rectly points out in this article, let’s Congress simultaneously to reform three of 3rd Class Zarian Wood of Houston, the most important and complicated govern- not make the mistake of focusing on Texas. ment programs only jeopardizes the solution Zarian, known as ‘‘Z’’ to his friends, Social Security and Medicare, pre- of the more immediate problem. maturely in the case of Social Secu- The Social Security challenge plays out was killed on May 16, 2010, in a bomb rity, and in a socially destructive way over the next quarter-century. Early legisla- blast during a foot patrol in Helmand with regard to Medicare and Medicaid. tion to close the gap between revenues and Province, Afghanistan. He was 29 years spending is desirable, because changes will ALL OR NOTHING = NOTHING old. be less onerous if they are phased in. If (By Henry J. Aaron) After serving in combat in Iraq from President Obama believes that a commission 2007 to 2008, Zarian volunteered for a WASHINGTON.—Two plans for reducing the could help to restore balance in Social Secu- federal deficit are now on the table. One of second combat tour. This tour sent him rity, he should appoint one now, but its work on a 7-month stint to Afghanistan, them, proposed by the chairmen of President could not do much quickly to help reduce the Obama’s debt-reduction commission, Erskine deficit. where he was assigned to India Com- Bowles and Alan Simpson, was endorsed on The fiscal challenge posed by Medicare and pany, 3rd Battalion, 1st Marine Regi- Friday by 11 of the 18 panel members. The Medicaid is vastly larger and infinitely more ment, 1st Marine Division, I Marine other comes from the nonprofit Bipartisan difficult to meet than that posed by Social Expeditionary Force. Policy Center. The two plans differ in impor- Security. Some modest savings in Medicare Z was trained to be a hospital corps- tant ways, but both put everything on the are manageable, along the lines suggested by man, the first out of the foxhole to table, including not only things like tax both commissions, including increased pre- rush to a wounded comrade. Well, in rates and defense spending but also Social miums for upper-income beneficiaries and Security, Medicare and Medicaid. modest increases in Medicare deductibles. Afghanistan, he was known as ‘‘Doc,’’ This approach is mistaken, and it’s at the As for Medicaid, its benefits are already serving on the front lines alongside heart of why both plans are unlikely to suc- stringently limited in some states. In others, Marine infantrymen from Camp Pen- ceed, Deficit reduction should stop debt from payments to providers are so low that doc- dleton, California. growing faster than gross domestic product— tors shun the program and hospitals suffer Z was a 1999 graduate of South Hous- and do so within the next decade. But closing losses. To reduce Medicaid benefits now, just ton High School, where he competed on the projected long-term gap between Social as the Affordable Care Act will be adding the Trojan wrestling team. After high Security spending and revenues and materi- roughly 16 million new beneficiaries, would ally slowing the growth in Medicare and risk chaos. school, Z worked as a youth pastor and Medicaid spending will take much longer. To slash Medicare and Medicaid spending tutor for at-risk children on Houston’s The Bipartisan Policy Center’s proposal il- before reforms to the health care system northeast side and as a merchandiser lustrates this temporal mismatch. It aims to bear fruit would mean reneging on the na- for Coca-Cola before enlisting in the prevent government debt—now equal to tion’s commitment to provide standard Navy in 2006. roughly 60 percent of gross national product health care for the elderly, the disabled and Z was known for living life to the from growing faster than income does. After the poor. The only realistic way to realize fullest. His life embodies the fabric of some additional increase during the current big savings in the two programs is to reform the exceptional men and women who economic slowdown, this plan would return the entire health care payment and delivery the ratio of debt to income to below 60 per- system in a way that will slow the growth of comprise our U.S. military. He is the cent by 2020. To that end, it would lower gov- all health spending, The Affordable Care Act embodiment of the honorable, coura- ernment spending and raise taxes by $5 tril- is intended to initiate such systemic re- geous, and patriotic young Americans lion over that period. Its menu is replete forms. The best way to rein in growth of we are privileged to have defending our with controversial items—including cuts in spending on Medicare and Medicaid is to put country. His selfless heroism, both as a defense spending, a national value-added tax the provisions of that law into action, but civilian and in the military, created a and myriad cuts in domestic spending. this will take many years. legacy of courage and patriotism that The most highly charged suggestions, how- The job that should not be delayed, to stop ever, are its proposed changes in Medicare, excessive growth in the federal deficit, is will not be forgotten by those who Medicaid and Social Security. The plan challenging but doable: curb tax expendi- knew him. would convert Medicare into a voucher sys- tures (including tax deductions, credits, ex- The liberty we cherish in this Nation tem under which the elderly and disabled clusions and exemptions); end at least some has come at a great cost. Zarian and would receive money to buy health insur- of the tax cuts that were enacted under his family have paid the ultimate price ance. The value of this voucher would in- President George W. Bush; enact many of the for our freedom—but it is not without crease more slowly than health care costs cuts in defense spending advocated by both the tremendous gratitude of this Na- have grown for the the past half century. budget commissions; limit, but not evis- tion, this Congress, and this Congress- The proposal would also raise by two- to cerate, other discretionary spending; and five-fold the states’ share of part of Medicaid gradually increase Medicare premiums for man. costs. upper-income beneficiaries. Mr. Speaker, America cannot repay The Bipartisan Policy Center’s plan would Congress and President Obama should the debt we owe to Zarian and his fam- also reduce the share of earnings that Social adopt a three-stage program: start deficit re- ily. What can we do?

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00147 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.173 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8502 CONGRESSIONAL RECORD — HOUSE December 15, 2010 We can say thank you, thank you, in China or India, nations that are already rap- tleman from North Carolina (Mr. thank you to Z for his selfless commit- idly improving their public water and sanitation JONES) is recognized for 5 minutes. ment to serve our Nation and thank systems. (Mr. JONES addressed the House. His you, thank you, thank you to his fam- 2.4 Million deaths are caused annually by remarks will appear hereafter in the ily for raising such a strong, wonderful poor water conditions (4.2% of all deaths), Extensions of Remarks.) and selfless Navy hero. meaning over 65,000 people die everyday that f Zarian Wood is a true patriot, and a this bill is not signed. The SPEAKER pro tempore. Under a grateful Nation says: Semper Fi, fair In developing nations, only 5% of rural pop- previous order of the House, the gen- winds and following seas. ulations have access to plumbing and over 1 tleman from Kentucky (Mr. YARMUTH) Z, may you find eternal peace in billion people still do not have access to a is recognized for 5 minutes. God’s arms. bathroom, spreading disease and infections. (Mr. YARMUTH addressed the House. The SPEAKER pro tempore. Under a TALKING POINTS AND QUOTES His remarks will appear hereafter in previous order of the House, the gen- Sustainable progress is about much more the Extensions of Remarks.) tleman from Michigan (Mr. CONYERS) is than water, but never about less. f Water is medicine. Toilets are medicine. recognized for 5 minutes. The SPEAKER pro tempore. Under a The best kind of medicine—the kind that pre- f previous order of the House, the gen- vents African children from getting sick in the tleman from Indiana (Mr. BURTON) is H.R. 2030, SENATOR PAUL SIMON first place. We have known how to provide this WATER FOR THE WORLD ACT OF recognized for 5 minutes. medicine—safe water, sanitation, and (Mr. BURTON of Indiana addressed 2009 handwashing, for centuries. the House. His remarks will appear As Martin Luther King, Jr. said: ‘‘We will not Mr. CONYERS. Madam Speaker, I hereafter in the Extensions of Re- be satisfied until justice rolls down like waters submit the following summary of the marks.) bill, H.R. 2030. and righteousness like a mighty stream.’’ Supreme Court Justice Kennedy: ‘‘This is f The Water for the World Act sets a bench- The SPEAKER pro tempore. Under a mark of providing 100 million of the world’s not my area, but there are 6 billion people on the planet and over 2 billion do not have ade- previous order of the House, the gentle- poorest with first-time access to safe and sus- quate drinking water. How many hours—and woman from Ohio (Ms. KAPTUR) is rec- tainable drinking water and sanitation by 2015. you can’t call it man hours because it’s wom- ognized for 5 minutes. To achieve this, the Act builds upon the suc- en’s work—how many hours a year are spent (Ms. KAPTUR addressed the House. cess of the 2005 Water for the Poor Act by: in sub-Saharan Africa bringing water to the Her remarks will appear hereafter in Establishing a Senior Advisor for Water family? Answer: 16 billion hours—with a ‘‘b’’— the Extensions of Remarks.) within USAID to implement country-specific and that is the lowest estimate. For some peo- f water strategies; ple that’s 6–8 hours a day to get water for The SPEAKER pro tempore. Under a Creating a Special Coordinator for Inter- their family. You take a photo in sub-Saharan previous order of the House, the gentle- national Water within the State Department to Africa of the elegant, stately African woman woman from Florida (Ms. ROS- coordinate the diplomatic policy of the U.S. with the long colored dress and the water jug LEHTINEN) is recognized for 5 minutes. with respect to global freshwater issues; on her head—that jug weighs more than the (Ms. ROS-LEHTINEN addressed the Establishing programs in countries of great- luggage allowance at the airport. The tempta- House. Her remarks will appear here- est need that invest in local capacity, edu- tion of the rule of law is to say well, you have after in the Extensions of Remarks.) cation, and coordination with US efforts; and the Magna Carta, you wait 600 years, then Emphasizing cross-border and cross-dis- f you have a revolution, then a civil war. What cipline collaboration, as well as the utilization The SPEAKER pro tempore. Under a about Martin Luther King, Jr.’s ‘fierce urgency of low-cost technologies, such as hand wash- previous order of the House, the gen- of now’! These people cannot and will not wait ing stations and latrines. tleman from Oregon (Mr. DEFAZIO) is and they should not.’’ The Water for the World Act, S. 624/H.R. recognized for 5 minutes. The water crisis is a global phenomenon. (Mr. DEFAZIO addressed the House. 2030, is endorsed by a number of global Around the world today, nearly 1 billion people His remarks will appear hereafter in health and environmental advocates, including lack access to clean, safe water. More than 2 the Extensions of Remarks.) Water Advocates, the Natural Resources De- billion people lack access to basic sanitation. f fense Council, ONE, Mercy Corps, Inter- Most of these people live on less than $2 a national Housing Coalition, CARE, and Popu- The SPEAKER pro tempore. Under a day. previous order of the House, the gen- lation Services International. In Haiti, there are no public sewage treat- tleman from Arizona (Mr. FLAKE) is H.R. 2030 Co-sponsors: Democrats–87, Re- ment or disposal systems. Even in the capital, publicans–10. recognized for 5 minutes. Port-au-Prince, a city of 2 million people, the (Mr. FLAKE addressed the House. His IMPORTANT FACTS drainage canals are choked with garbage. It is remarks will appear hereafter in the The number of children who die every day no wonder that Haiti has the highest infant Extensions of Remarks.) from diarrheal diseases spread through poor and child mortality rate in the Western Hemi- sanitation and hygiene: 4,100. sphere. One-third of Haiti’s children do not live f Every day that Congress delays in address- to see the age of 5. The leading killer? Water- The SPEAKER pro tempore. Under a ing this problem, more children unnecessarily borne diseases like hepatitis, typhoid, and di- previous order of the House, the gentle- die. We have the moral obligation to get this arrhea. woman from California (Ms. WOOLSEY) legislation done. In Sub-Saharan Africa, a lack of access to is recognized for 5 minutes. The annual economic benefit to the African clean water enslaves poor women. Women (Ms. WOOLSEY addressed the House. continent, including in saved time, increased and girls are forced to walk two or three Her remarks will appear hereafter in productivity and reduced health costs if the hours, or more, in each direction, every day, the Extensions of Remarks.) Millennium Development Goals on water and to collect water that is often dirty and unsafe. f sanitation are met by 2015: $22 billion. The U.N. estimates that these women spend The SPEAKER pro tempore. Under a The amount national governments in sub- a total of 40 billion working hours each year previous order of the House, the gen- Saharan Africa could save in annual public collecting water. That is equivalent to all of the tleman from Florida (Mr. LINCOLN health expenditures if the Millennium Develop- hours worked in France in a year. DIAZ-BALART) is recognized for 5 min- ment Goals on water and sanitation are met Water is even central to the fate of the Mid- utes. by 2015: 12% (http://www.one.org/c/us/ dle East. In his book, Paul Simon quoted (Mr. LINCOLN DIAZ-BALART of pastcampaign/2789/). former Israeli Prime Minister Yitzhak Rabin as Florida addressed the House. His re- According to the World Health Organization, saying, ‘‘If we solve every other problem in the marks will appear hereafter in the Ex- over 10% of the world’s disease are caused Middle East but do not satisfactorily resolve tensions of Remarks.) purely by unsanitary water supplies. the water problem, our region will explode. f One billion people do not have access to Peace will not be possible.’’ The SPEAKER pro tempore. Under a clean drinking water, and in the past ten f previous order of the House, the gen- years, everyone who has gained access to The SPEAKER pro tempore. Under a tleman from California (Mr. MCCLIN- clean water in developing countries has lived previous order of the House, the gen- TOCK) is recognized for 5 minutes.

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00148 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.175 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8503 (Mr. MCCLINTOCK addressed the take responsibility for their own secu- pendence, and he found a way to break House. His remarks will appear here- rity. He didn’t mind getting engaged the stalemate in the talks in Cyprus. after in the Extensions of Remarks.) and involved with those who lived in Little known to many people, I was f faraway places, whether it was Viet- proud to nominate him as the United States Ambassador to the United Na- The SPEAKER pro tempore. Under a nam or whether it was Bosnia—the re- tions where he helped equip the U.N. to previous order of the House, the gen- sulting agreement, the Dayton peace treaty. The Washington Post headline meet the challenges of our 21st-century tleman from Georgia (Mr. GINGREY) is world. Former President Bill Clinton. recognized for 5 minutes. credited him with deft maneuvering Let me just reiterate these words. He (Mr. GINGREY of Georgia addressed that resulted in that peace treaty. He helped restore hope for countless peo- the House. His remarks will appear brokered the accord in Bosnia. He was ple around the world. I remember en- hereafter in the Extensions of Re- seeking peace in Afghanistan, and he gaging with Ambassador Holbrooke in marks.) refused to give up. So, tonight, it is important that we the early stages of my congressional f remember this man, this gentleman— career, and I remember him as the HONORING THE LIFE AND SERVICE this giant of a man, large in size and United Nations ambassador: resilient, OF AMERICA’S PEACEMAKER, with the capacity to do much. America joyful, persistent, determined, ready to AMBASSADOR RICHARD was saddened by his loss. In particular, tackle the world for peace. He wasn’t HOLBROOKE I note that Ambassador Holbrooke al- bored with his job. He was never bored. ways accepted the call to duty, wheth- He was always ready to do what was The SPEAKER pro tempore (Mr. er it was as the U.N. ambassador or right. SCHAUER). Under the Speaker’s an- whether it was as the special envoy Another comment on his life: Rich- nounced policy of January 6, 2009, the which President Obama called him to ard Holbrooke was a larger-than-life gentlewoman from Texas (Ms. JACKSON be. In the time of sadness, many came figure who through his brilliance, de- LEE) is recognized for 60 minutes as the to present and to give their thoughts. termination and sheer force of will designee of the majority leader. Let me share with you some of those helped bend the curve of history in the Ms. JACKSON LEE of Texas. Thank words. direction of progress. He touched so you very much, Mr. Speaker. For nearly 50 years, Richard served many lives and helped save countless I am saddened by the occasion on the country he loved with honor and more. He was a tireless negotiator, a which I come to the floor of the House, distinction. He worked as a young for- relentless advocate for American inter- but it is a privilege to be able to speak eign service officer during the Vietnam ests, and the most talented diplomat about a great American, for we do not war, and then supported the Paris we have had in a generation. Vice capture the life and the legacy of great Peace Talks, which ended that war. President JOE BIDEN. Americans. We find ourselves forget- Other words pouring out for him and ting. Some would say, if we don’t re- b 2200 toward him: From his early days in member the past, we are doomed to re- As a young assistant Secretary of Vietnam, to his historic role bringing peat some of those hills and valleys in State for East Asian and Pacific Af- peace to the Balkans, to his last mis- the future. Tonight, I want to remem- fairs, he helped normalize relations sion in Afghanistan and Pakistan, ber Ambassador Richard Holbrooke, with China. As U.S. ambassador to Ger- Richard helped shape our history, man- whom this Nation lost on Monday many, he helped Europe emerge from a age our perilous present, and secure evening. long Cold War and encouraged NATO to our future. I had the privilege to know It is important that his story be told welcome new members. The progress Richard for many years and to call him for I would like to know him and for that we have made in Afghanistan and a friend, colleague, and confidante. As this Nation to know him as America’s Pakistan is due in no small measure to Secretary of State, I have counted on peacemaker, but many will say that Richard’s relentless focus on America’s his advice, relied on his leadership. peacemaker had a tough edge. national interests and pursuit of peace This is a sad day for me, for the State Before I start, I want to mention his and security. He understood in his life, Department and, yes, for the United family and express my sympathy to his work, and his interests that they States of America. Secretary of State them for their loss—to his wife, his two encompass the values that we hold so Hillary Clinton. sons, and his stepchildren—all who dear, and as usual, amidst this extraor- Some would say that States and de- loved him so very, very much. dinary duty, he also mentored young fense, power and diplomacy, sometimes What I would say to you is that this people who will serve our country for did not match or mix, but Richard was an action man. He was someone decades to come. One of his friends and Holbrooke knew how to walk that line. who threw himself into the world of di- admirers once said that if you’re not Ambassador Holbrooke was one of the plomacy. Frankly, there was no chal- on the team and you’re in the way, God most formidable and consequential lenge of peace too difficult for Ambas- help you. Like so many Presidents be- public servants of his generation, sador Richard Holbrooke. fore me, I am grateful that Richard bringing his uncommon passion, en- One newspaper, USA Today, calls Holbrooke was on my team, as are the ergy, tenacity, and intellect to bear on him as he is known in the headline— American people. President Barack the most difficult national security in- Bulldozer, Giant of Diplomacy Obama. terests of our time. Secretary of De- Holbrooke Dies. I remind you, like so many Presi- fense Robert Gates. Among his credits, the 1995 Bosnian dents before me, I’m grateful that he He never lost time fighting for ideals pact, but Richard was also known was on my team. The President under- he believed in. He never lost touch with around the world for being unending stood the kind of strength that Ambas- the problems faced by millions of peo- and unceasing in his commitment to sador Holbrooke had. This sounds just ple he never knew. And he never lost solving a problem, and he would ask like him: If you’re not on the team and hope that those same people could live you to work with him to solve that you’re in his way, God help you. But in peace, security, and safety. Indeed, problem. remember, he was doing it for the good he shared their vivid aspirations. The Henry Kissinger said, If Richard calls of this Nation and for the good of the Joint Chiefs of Staff, Mike Mullen. you and asks you for something, just world. You can see that he interacted with say, ‘‘Yes.’’ If you say, ‘‘No,’’ you will Another comment on his great life: these leaders of our present govern- eventually get to saying ‘‘yes,’’ but the In a lifetime of passionate, brilliant ment and past government quite fre- journey will be very painful. service on the front lines of war and quently. He was a frequent visitor to Ambassador Holbrooke was not pre- peace, freedom and oppression, Richard the White House. Those who worked in pared to give up. He learned to become Holbrooke saved lives, secured peace, this area and those who did not knew extremely informed about whatever and restored hope for countless people Ambassador Richard Holbrooke, and he country he was in. He would push for around the world. He was central to drew the admiration and respect and an exit strategy and look for ways to our efforts to limit ethnic cleansing in sometimes the intimidation of those get those who lived in a country to Kosova and paved the way for its inde- who watched him work and wondered

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00149 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.185 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8504 CONGRESSIONAL RECORD — HOUSE December 15, 2010 what he would say next. Well, I can tell said, any country that he would go to, strewn on the ground. People walking you as someone who has likewise he would begin to know more than any- aimlessly through the streets. And as watched his work, he would be talking one else about that country and prob- we walked to what was left of a public about peace. ably more than those who lived there. building to meet the various leaders, Further words about him: His drive That’s what made him effective. That’s there were women who came up to me was immense. His desire to do good in what made him have the ability to talk in the street and asked had I seen their the world was fierce, and he pursued all to heads of state and prime ministers son. In this horrible war, they had lost that he set out to do with a resolution and foreign ministers and those who their son. Is their son alive? in their and tenacity that was second to none. were engaged in the day-to-day diplo- language, speaking to me. His legacy will be his work, his inspira- macy of that particular country. It was I know the price of that horrible war tion to so many around the world. his understanding of their culture, his by way of seeing those people in pain. That’s what we should note about Am- understanding of their language, his Ambassador Holbrooke understood it bassador Holbrooke: how many miles understanding of how they thought, and worked without ceasing to secure a he accumulated in his travels around but most of all, his understanding of peace that is lasting today. No peace is the world, how many times in his life- his own thoughts, and he knew he a hundred percent. There are always time around the world he went. wanted peace, and he would do what some trials and tribulations, but he More than we probably could cal- was necessary. laid the framework that is in place culate because, when this Nation called There were so many that considered today. He left it to us to be vigilant, to him, when there was a conflict, a dif- him friend, but there were really so give oversight, if you will, and to en- ficult situation, where people were at many more that respected him for sure that people who have been in con- odds, where others were suffering, he being the bulldozer, giant for peace. I flict, who desire to have peace can live wanted to intervene and to bring peace. call him America’s peacemaker. in peace. He wanted to see the best of Pakistan Further comments that I pay tribute Further comments about Ambas- and Afghanistan. He wanted those peo- to his diplomatic skills, strategic vi- sador Holbrooke: We will always re- ple to thrive and to grow. He wanted sion, and legendary determination as member his efforts of promoting peace the children to have an opportunity for the architect of the 1995 Dayton Agree- and stability in our region with a deep education and to mature into citizens ment, Ambassador Holbrooke played a sense of appreciation and gratitude. of their nation. key role in ending the war in Bosnia, Pakistani Prime Minister Gilani. He will always be remembered for his He wanted the people of Afghanistan the most terrible tragedy on European preeminent role in ending the vicious to have freedom and a good govern- soil since World War II. At the end of war in Bosnia, where his force of per- ment and good governance. He wanted this long and distinguished career, he sonality and his negotiating skills there to be the opportunity for girls to traveled tirelessly to Afghanistan and combined to drive through the Dayton go to school and women to be respected Pakistan in pursuit of peace and sta- peace treaty agreement and put a halt and held in dignity and to have the bility in the region, and he would not to the fighting. British Prime Minister same access to opportunities that we stop. My words. cherish here in the United States of David Cameron. He knew that history is unpredict- As you can see, from all walks of life, America. He cared about our soldiers able, that we sometimes have to defend they poured out their comments of re- on the front line, and he knew that our security by facing conflict in dis- spect for, again, America’s peace- they were putting themselves on the tant places and that the transatlantic maker. line so that he could work his magic alliance remains indispensable. Sec- He could always be counted on for his and bring resolution. retary General of NATO. imagination, dedication, and forceful- You know what I would say to my b 2210 ness. Former Secretary of State Mad- colleagues, I know that the heads of eline Albright. state of both Pakistan and Afghanistan And so Ambassador Holbrooke knew Many understood his work, many have experienced the similar loss and how to put it together, how to work who were in the business. More com- pain of a giant like Ambassador with the various entities that rep- ments: Richard Holbrooke’s legacy Holbrooke in losing his life. I know resented the front lines of defense for goes well beyond the critical role he that because both Presidents, Presi- this Nation and for Europe and other played in bringing a decade of fragile dents Zardari and Karzai, called the countries. He knew how to walk the peace in the Balkans, welcoming a re- family to express their concern. Presi- walk and talk the talk. unified Germany in an expanding dents called far away from their I remember, as a new Member of Con- NATO. He also leaves a vast multigen- homes, as one could imagine, because gress, coming in during the hostile and erational intercontinental network of they respected a man who would get in the horrible conflict of Bosnia, the eth- friends. I say that again: He also leaves the mix and fight both, if he had to, to nic cleansing that occurred in Kosova, a vast multigenerational interconti- draw them together and to iron out or and to realize that one man was the nental network of friends. to box out these particular issues that pinnacle, the pivotal point of working Thank you, Ambassador Holbrooke. were keeping us from being united on the Dayton peace treaty, I tell you It means that you have touched people around the question of peace. how important that was. As a new around the world through generations, Further comments about this great Member of Congress, I was able to go and that means that some are left with man. They noted that Ambassador on the first delegation into Bosnia, your spirit, your inspiration, and your Holbrooke’s service spanned decades then to meet with heads of states of training. These words came from the and continents confronting profoundly Bosnia and former Yugoslavia and Cro- president of the Brookings Institution, difficult issues and global affairs. The atia. We went to Sarajevo, and we land- Strobe Talbott, one who knows this members of the council expressed ad- ed where there was no actual peace in system well. miration for his contributions as the place at that time. They were looking And then of course you had the fun United States’ permanent representa- to finalize the Dayton peace treaty. We stories about him, and one could not tive to the United Nations, as well as were going in to determine whether or speak about him without saying how for his energetic and unrelenting com- not this peace treaty was going to be many different things he was. As it was mitment to promoting peace and welcomed by the people. said in The Washington Post: a writer, strengthening international coopera- As we went into this town that was a diplomat, an editor, a banker, pub- tion of the United Nations. known for its beautiful Alps and skiing lisher, impresario of numerous organi- I will tell you that his work at the opportunities, I was literally shocked. zations. He was a deeply serious man, United Nations allowed him to touch It drew me back to pictures I saw in engaged always in a serious business of governments around the world, and I history books of World War II when Eu- saving lives in Vietnam, in Afghani- venture to say that any hotspot that rope looked as if it was completely stan, in Bosnia, and I will say at the would occur today, this giant of a man bombed out and desolate. Whole build- United Nations. would be able to go and begin to de- ings had their tops knocked off. In li- Yes, Ambassador Holbrooke, you velop a solution. Remember what I braries, doors were opened and books were engaged in saving lives. And to

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00150 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.189 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8505 the end of your life, it was your pursuit you will, of receiving terrorists run- the solution and not the problem, peo- to save lives. As I indicated, to save ning from Afghanistan. He knew the ple believe America can solve their the lives of our soldiers in Afghanistan, circumstances. He knew the harshness problems. I know many Americans to save the lives of women and children of it. But he also knew that there were push back on that and actually say and families, to save the lives who sim- people every day in Karachi and Lahor, that we can’t nation-build and we can’t ply want to go from marketplace to Islamabad, and other places, in Pesha- solve everyone’s problems. And in the home, the farmers who want to take war that wanted to go to school, to literal sense, they may be right. But if their goods from Kandahar to Kabul or open business, to be able to have a there’s a perception that America has want to do something else other than democratic government, a judicial sys- the answer, that our democratic values poppy crop, he was trying to save their tem that worked. are so strong that we can reach in lives in Afghanistan. And so he put the burden on the Gov- times of peace, or with peaceful tactics As I visited and as I reflect on my ernment of Pakistan to say to them, I help guide them toward peace, there’s visits to Afghanistan and seeing what a will work with you if you will work nothing wrong with that. I believe Am- unique terrain, how difficult, how chal- with me. He believed that there could bassador Richard Holbrooke truly be- lenging it is, I just want to say to my be a solution, so he was excited about lieved that, that our values were so colleagues, Ambassador Holbrooke this Pakistan development board, simi- strong that we could, by sheer deter- could have sat in an armchair, could lar to the Irish-American board, and he mination, commitment, and dedica- have done armchair diplomacy. In the was the heart and soul behind it. And tion, help those people who could not world of technology, he could have we had a great celebration in New help themselves. Time Magazine has Richard made attempts to communicate in York, and it exists, and it’s one of his Holbrooke, an archetype of American ways other than the kind of ‘‘roll up legacies. diplomacy. And let me just share these your sleeves, get on an airplane, and go And so I will say to Ambassador few words. But there have been many into the harshest places’’ to bring Holbrooke, to his spirit and to his leg- career diplomats whose lives overlay about peace. But he understood that acy, You’ve left something behind that the most important historical mo- peace was about a people-to-people re- can help to create peace, that can net- ments of the last half century. And lationship. It was something that was work across the ocean between the they name a few. These are friends and special, and he had the special touch. goodwill of the people of America and rivals of Holbrooke’s, who also played Further words from a friend: Dick Pakistani Americans and those in key roles and influenced events in ways Holbrooke was a friend of mine. Just 2 Pakistan who really want to focus in days before he fell ill, I saw him and we’re still only beginning to learn. on building a great nation. What made Holbrooke most memo- his devoted wife at a dinner where he b 2220 rable—and of course the article names proposed a toast with generosity, affec- Maybe in the spirit of their founding a number of individuals—and what lies tion, self-deprecation, and the sort of behind the outpouring of mourning and comic timing that made you think he father, Dr. Jinnah, who believed in a democratic process, living harmo- reminiscence that is sweeping Wash- had missed his true profession. I liked ington in the wake of his death Mon- him enormously. But for all that he did niously with Bangladesh and India, Pakistan and Afghanistan and that re- day evening was his personification of over nearly 50 years of service to his what many at home and abroad imag- Nation and, indeed, to all human kind, gion. And so I want us to support the concept of his legacy. Just let me read ine U.S. diplomacy to be. And I imag- I admired him much, much more. ine what they’re saying is that it was As you begin to reflect on Ambas- some headlines that are reflective of his history. the hands on, get in your face, but sador Holbrooke’s life, you have to ad- come with a smile and tell you we can mire him much, much more, and that Strong American voice in diplomacy in crisis. I can affirm that. Vietnam, do this together. That’s Ambassador was from the international editor of Richard Holbrooke. Afghanistan, and Pakistan, all resulted Time magazine, Michael Elliott. Now, he didn’t pull any punches. I re- out of crisis, but he was a man of diplo- I am sure that we could count so member sitting in a meeting with him many emails and Twitter and blogging macy. with Pakistani Americans, and he an- Statesman who defined a generation. that is going on right now, first be- swered hard questions and sometimes cause of the shock of losing this giant Clearly, 50 years of service, there was gave hard answers. But he left the of a man, this man that exuded desires no doubt that Ambassador Holbrooke’s room with friends, and they truly be- for peace; but yet he leaves a life of in- life will be considered an era, a time- lieved he was looking for peace in Af- struction, that if we are to really de- frame of American diplomacy, and an ghanistan and Pakistan. velop the kind of world that brings approach of get involved and getting to Holbrooke, this article goes on to peace to all in the backdrop of Afghani- know the people who you had to engage say, was not just a prominent Amer- stan and Pakistan and the backdrop of with. ican diplomat who engaged in some of the issues in the Mideast and the back- As we listened to reflections about the most consequential international drop of North and South Korea, it has Ambassador Holbrooke, it was noted events of this time. In the same way to be the kind of hand-to-hand diplo- that he would go to the sites of the that Shakespeare’s characters still macy, insistent diplomacy, persistent, chief or the elder statesman or elder seem to live with us today as the ar- determined diplomacy, and out-of-the- warrior or the village or the mountain chetype for human nobility, vanity, box diplomacy. to be able to draw from that very per- and ambition, so Holbrooke seemed to One of the champions of a unique new son who could be part of making peace. be the very human version of American concept for Pakistani Americans and You know, as I reflect on this, I diplomacy itself: piledriver powerful helping Pakistan, and I was delighted would say to you, that’s the kind of di- yet subtly persuasive, brash, volcanic to be able to engage with him on this plomacy we need. We’re going to have and occasionally offensive but and the Secretary of State to go to the to unshackle ourselves. tactically brilliant and capable of the first inaugural meeting in New York, It’s interesting, as a member of the finest strategic judgment, cold-eyed and that is to develop a Pakistan- House Foreign Affairs Committee, Am- and sometimes heartlessly realistic but American development board that bassador Holbrooke, in his astuteness, possessing high principles and real deep would generate resources and invest- appeared before us a number of times compassion. ment by Pakistani Americans and oth- and was always so erudite and brilliant Friends, I just read that from Time. ers in Pakistan. and carefully thinking and analyzing But as you have heard my tribute, it’s That is a love for the people. He as he responded to questions. But one interesting how these words come from knew that he could start there because thing that comes out of his life, and all of us. And as I indicated to you, if he knew that in his interactions, he one thing I gleaned as I’ve had the Ambassador Holbrooke’s legacy is any- was not willing to label the entire privilege of representing the people of thing, it is, in fact, to leave us with Pakistan with the frontier area and the Houston in the 18th Congressional Dis- that kind of roadmap. That’s the kind unfortunate circumstances that cause trict, and seeing how the world works of exciting diplomacy we must be en- Pakistan to be able to be in the way, if on their behalf and trying to be part of gaged in.

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00151 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.190 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8506 CONGRESSIONAL RECORD — HOUSE December 15, 2010 The world is not the same. It’s not Let me share some of these live pic- racy, and this began at a young age quiet. It’s not two heads of state sit- tures with him that have him and with a profound dedication to the ting down quietly and having tea and clearly speak to the action that Am- United States’ international diplomacy coming to the room and signing the bassador Holbrooke was. efforts. Since beginning his career in treaty. It is somebody that’s hard mov- b 2230 foreign policy at such a young age, he ing. It is somebody that can be heart- obviously was at the forefront, at the less but realistic, high principles, deep This looks to me as the Pakistani 1968 peace talks, director of the Peace compassion, get in the way. flood when he was going into the Corps in Morocco, or as the editor of Thank you, Ambassador Holbrooke, camps, the most horrific flood over the the Foreign Policy Magazine. for leaving with us a roadmap and leav- last couple months that covered some Let me make that clear. He served as ing us with your legacy and challenges. two-thirds of Pakistan. People were the director of the Peace Corps in that Because I don’t know if the Ambas- moved from their land—disastrous, area in 1968. Ambassador Holbrooke sador, as he was working so diligently, devastating conditions. Ambassador was always and has always been an ar- where he felt we were going in Afghani- Holbrooke did not miss an opportunity chetype of the United States’ diplo- stan, but I believe we must make a to go and to check, in this instance, on macy, and his resume only serves to commitment in light of his spirit and children and to see what they were demonstrate how he has been con- the sacrifice for his family, friends, as doing. sequential to diplomacy in some of our he dedicated almost 100 percent of his Here, you will find him not sitting in generation’s most tumultuous events. time, unending, to finding a resolution a traditional chair but sitting with the So, my friends, I thought it was im- and bringing people together. people. And I speculate that this is a portant, shocked, dismayed, and sad- I would simply say that to President meeting in Afghanistan, but here is a dened by the loss of Ambassador Rich- Karzai, for the spirit in which you ex- man and his child. And Ambassador ard Holbrooke, that we not fail to ac- press your sympathy, I know that Am- Holbrooke is not standing. He is not knowledge his legacy in the hours after bassador Holbrooke would be so grate- sitting in a chair as we know it, but he his passing; for there are still people ful for movement toward resolving this is with the people and he is engaging. dying in Afghanistan, civilians; there conflict, toward the ceasing of those This is the style, the diplomatic style are still our soldiers on the front lines; who would move from Afghanistan to of Ambassador Holbrooke. there are still terrorists, Taliban, hid- take refuge and cover in Pakistan. He Again, this is not in the comfort of ing in the mountains of Pakistan, alle- would welcome the rising up of both the State Department or any office gations that Osama bin Laden is there governments to go against those acts building, but here he is with the mili- as well. of terror that were killing their people. tary personnel on one of our battle- So we know that the world that Am- He would welcome the resolve of those fields, and my speculation is that again bassador Holbrooke was so engaged in heads of state to continue fighting for this is in Afghanistan. goes on, but we cannot allow it to go peace and welcome the growth, devel- Greeting again the people, letting on without a pause for a moment to be opment, and opportunity for the Paki- them know that he cares. And, again, able to say thank you to this giant of stani people and the people of Afghani- Ambassador Holbrooke on the move, a man, bulldozer for peace, America’s stan. He would welcome that. And I meeting some of our allies, some of the peacemaker, but a credit to the world; would simply say, we owe this giant of coalition forces or the forces that work and, as I said in my earlier remarks, a man that kind of tribute. along with the Afghan forces. Here he someone who loved this country and Words obviously are nice and nice to is again in the field shaking hands and loved the ability to draw disaster and be heard. But I would hope that we indicating his interests. to draw nonbelievers out into the open would be most effective in carrying Here, with women, as he greets them. and to make it right; to help the people forth his legacy by actually putting to Another out in the field, hands on, in a disaster, and to draw those non- the test how we can resolve the con- ready to serve. Meeting with our mili- believers into the circle of diplomacy flict in Afghanistan without a pro- tary personnel. And, again, always to get them working on peace. That is tracted extension, but also to put the interacting, and our Ambassador to Af- what you were about, Ambassador burden, the extra burden of bringing ghanistan constantly being engaged. Holbrooke. I am glad to have been able peace, on the Government of Afghani- Involving himself again with the peo- to call you acquaintance, yes, friend, stan and its people working with us, ple and in the camps. Here, meeting but most of all an American hero. Such with that aggressive spirit, can-do spir- with others who are in camp and being a strong legacy. it that we can solve this and, yes, displaced, always working, always I know that this is a very sad time working with the people of Pakistan. hands on. for so many, and so I rise on the floor Let me just relay a story in pictures We can learn a lot from Ambassador this evening to be able again to offer and show you why this, again, hands-on Holbrooke, and we can learn a lot from my deepest sympathy. But what I diplomat was everywhere, meeting now his never say never attitude and his would also say is that we have so much with the President of Pakistan and de- willingness, if you will, to ensure that to be thankful for, so much to study veloping a relationship, a relationship the solution is his top priority. and read, so much to emulate, so much that was tough but good and sincere. Let me just remind you again of how to be able to go on, so much to use in And I pay tribute to the Pakistani early Ambassador Holbrooke started the continuing effort for peace. We Government for the kind words that his career. He had a tremendous career have got a roadmap left to us by Am- they have said. And I think the mean- with the United States State Depart- bassador Richard Holbrooke. And re- ingful words, particularly the Ambas- ment, and he had actually begun with member an earlier comment that, if he sador to the United States, who has ex- a response to President Kennedy’s call asked you to do something, don’t waste pressed, from Pakistan, his deepest to service for government work in the your time saying no, because more sympathy. Here with President Karzai. early 1960s. He always had it in him. than likely, with a little pain, you will Often they were together and had frank Ambassador Holbrooke was undoubt- be there saying yes. and to-the-point conversation. You edly a public servant ever since he So why don’t we just keep his legacy can’t engage in hand-to-hand diplo- graduated from Brown University in ongoing, realize that he has asked us to macy without being in place where 1962, when he joined the Foreign Serv- continue to make peace. And as long as those leaders are, making them feel ice and was sent to Vietnam. A tough we fight against it, it is going to be comfortable that you’re working on assignment. painful, but if we can gather our their behalf. At the young age of 24, Richard thoughts together, if we can continue This is his early stages with Presi- Holbrooke, an expert on Vietnam to work together, to work with this ad- dent Clinton, who appointed him to the issues, was appointed to a team of ministration, the President, the Sec- United Nations. You can see that he Vietnam experts, the Phoenix Pro- retary of State, and the Congress, and moved around, and he was eager to be gram, under President Lyndon B. John- really realize that the important end known as a person who, if he got the son. Ambassador Holbrooke has always game is peace in Afghanistan and an call, would come. been a champion of peace and democ- independent peaceful Pakistan and a

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00152 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.192 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8507 peaceful region, but with the idea that youngest person to have been appointed to He is an example to us all, his life was for- people of those countries must take on that position, Ambassador Holbrooke oversaw eign policy, his dedication was to the United that burden and really desire peace— the normalization of relations with China in States, and his motivation was diplomacy. Am- maybe that is the message that they 1978, and the warming of the Cold War during bassador Holbrooke will always be regarded have gotten in this terrible tragedy, to his tenure. His diplomatic achievements do not as a true American diplomat, one who strived desire peace and to fight for it—if that culminate with the establishment of diplomatic for international peace throughout his entire is the case, then this hands-on, lively, relations with China—instead they continued, career, of nearly fifty years, as a public serv- and well-versed diplomat’s legacy will and arguably exceeded anyone’s expecta- ant. be embedded in the next days, hours, tions. [From the USA Today, Dec. 14, 2010] minutes, next couple of months when When President Clinton took office in 1993, ‘BULLDOZER,’ ‘GIANT’ OF DIPLOMACY we might see a glimmer of sunshine re- Mr. Holbrooke returned to work for the United HOLBROOKE DIES—AMONG CREDITS: ’95 BOS- flecting the hands-on evidence of a States Government with the State Department. NIAN PACT man that never tired of seeking people His first appointment was as the U.S. Ambas- (By the Associated Press) to find peace. sador to Germany, where he participated in WASHINGTON—Richard Holbrooke, a bril- I hope that, as we mourn the loss of the founding of the American Academy in Ber- liant and feisty U.S. diplomat who wrote Ambassador Richard Holbrooke, the lin as a cultural exchange center. part of the Pentagon Papers, was the archi- tribute that we give to him that will be In 1994, he returned to Washington after tect of the 1995 Bosnia peace plan and served ongoing will be an unceasing quest for being appointed by President Clinton to be the as President Obama’s special envoy to Paki- peace, and I hope that we will find it in Assistant Secretary of State for European and stan and Afghanistan, died Monday, the his name. Canadian Affairs, where he was the lead ne- State Department said. He was 69. On behalf of the fallen men and gotiator in the Balkan Wars. He was strategic Obama praised Holbrooke for making the women who have given their lives for in establishing a lasting peace at the Dayton country safer, calling him ‘‘a true giant of American foreign policy.’’ peace in the United States military, on talks that undoubtedly saved thousands of Holbrooke, whose forceful style earned him behalf of the people of the United lives. The 1995 Dayton peace accords ended nicknames such as ‘‘The Bulldozer’’ and States of America, we are indeed grate- the war in Bosnia—but it required an agree- ‘‘Raging Bull,’’ was admitted to the hospital ful for the service of Ambassador ment by the three warring factions, the Serbs, on Friday after becoming ill at the State De- Holbrooke, and we tell his family the Croats, and the Bosnian Muslims. partment. The former U.S. ambassador to thank you for sharing him with the Holbrooke’s role in this is lasting; he ended the United Nations had surgery Saturday to American people. the three-year war, and helped develop the repair a tear in his aorta. Secretary of State Hillary Rodham Clinton I submit for inclusion in the RECORD framework for a dividing Bosnia into two enti- called him one of the nation’s ‘‘fiercest additional materials. ties, one of the Bosnian Serbs and another of champions and most dedicated public serv- With that, I humbly I yield back my the Croatians and Muslims. Ambassador ants.’’ time in the name of peace and respect Holbrooke is a hero of U.S. diplomacy, and Holbrooke served under every Democratic for Ambassador Richard Holbrooke. undoubtedly had a tremendous importance in president from John F. Kennedy to Obama in On Monday, I was extremely saddened to facilitating peace, in whatever form, in Bosnia. a career that began with a foreign service hear about the death of Ambassador Richard After playing a key role in the Dayton Peace posting in Vietnam in 1962, and included Holbrooke. He was a great leader and a dedi- Talks, President Bill Clinton named Mr. time as a member of the U.S. delegation to cated representative of peace and democracy Holbrooke the next representative of the the Paris Peace Talks on Vietnam. throughout the world. I extend my deepest United States to the United Nations. Ambas- His sizable ego, tenacity and willingness to push hard for diplomatic results won him condolences to Ambassador Holbrooke’s fam- sador Holbrooke demonstrated his drive to se- both admiration and animosity. ily, his wife Kati Marton, his brother, Andrew, curing international peace, and his dedication ‘‘If Richard calls you and asks you for and his children, David, Anthony, Christopher to diplomatic efforts. something, just say yes,’’ former secretary of and Elizabeth. His work never ceased, and it continued State Henry Kissinger once said. ‘‘If you say Ambassador Holbrooke has had a tremen- with President Obama. Under the Obama ad- no, you’ll eventually get to yes, but the jour- dous career with the United States State De- ministration, Ambassador Holbrooke was ap- ney will be very painful.’’ partment, which began with a response to pointed Special Envoy to Pakistan and to Af- He learned to become extremely informed President Kennedy’s call to service for govern- ghanistan—a region that contains the United about whatever country he was in. He would ment work in the early 1960s. Ambassador States’ greatest national security concerns. push for an exit strategy and look for ways to get those who live in a country to take re- Holbrooke was undoubtedly a public servant Just as his responsibility unfolded in the Bal- sponsibility for their own security. ever since his graduation from Brown Univer- kans, his responsibility in Pakistan and Af- Holbrooke said in 1999 that he has no sity in 1962, when he joined the Foreign Serv- ghanistan posed a major challenge that would qualms about ‘‘negotiating with people who ice and was sent to Vietnam. At the young not have an easy solution. As we all know, the do immoral things.’’ age of 24, Richard Holbrooke, an expert on problems in Afghanistan and Pakistan are ‘‘If you can prevent the deaths of people Vietnam issues, was appointed to a team of multidimensional and are problems that could still alive, you’re not doing a disservice to Vietnam experts, the Phoenix Program, under not be solved overnight. Ambassador those already killed by trying to do so,’’ he President Lyndon B. Johnson. Ambassador Holbrooke knew this, yet he commendably said. With his decades of service and long list of Holbrooke has always been a champion of took on the role, and worked courageously accomplishments, Holbrooke missed out on a peace and democracy, and this began at a and diplomatically in a densely complicated re- tour as secretary of State, a job he was young age with a profound dedication to the gion. known to covet. As U.N. ambassador, he was United States’ international diplomacy efforts. Ambassador Holbrooke was the inter- a member of the Clinton Cabinet but his Since beginning his career in foreign policy mediary between Afghanistan, Pakistan and sometimes-brash and combative style con- at such an young age, Ambassador Holbrooke the United States. Ambassador Holbrooke was trasted with that of Secretary of State Mad- was always at the forefront of international po- fighting, diplomatically, to stabilize the often eleine Albright. litical issues, whether it was as a public serv- unpredictable and always fluctuating region. Born in New York City on April 24, 1941, ant at the 1968 Paris Peace Talks, Director of The fight continues to be multifaceted, and Holbrooke had an interest in public service early on. the Peace Corps in Morocco, or as the editor Ambassador Holbrooke dealt with fragile At the Johnson White House, he wrote one of Foreign Policy magazine. Ambassador economies, containing corruption within gov- volume of the Pentagon Papers, an internal Holbrooke will always be an archetype of ernments and elections, destabilizing the government study of U.S. involvement in United States diplomacy, and his resume only Taliban resurgency, a rampant narcotics trade, Vietnam that was completed in 1967. The serves to demonstrate how he has been con- the presence of Al Qaeda, and maintaining study, leaked in 1971 by a former Defense De- sequential to diplomacy in some of our gen- peace and security, all while promoting United partment aide, had many damaging revela- eration’s most tumultuous events. States diplomatic efforts. Representing the tions, including a memo that stated the rea- Ambassador Holbrooke never relented in his United States, Ambassador Holbrooke worked son for fighting in Vietnam was based far more on preserving U.S. prestige than pre- efforts to expand his efforts to pursue U.S. in- to promote economic development in Pakistan venting communism. terests of diplomacy and democracy inter- through the Kerry-Lugar-Berman Bill, and One of his signature achievements was nationally. In 1977, under President Carter, worked with the Afghani Government and ad- brokering the Dayton Peace Accords that Richard Holbrooke was Assistant Secretary of ministration to reduce U.S. combat troops and ended the war in Bosnia. He detailed the ex- State for East Asian and Pacific Affairs. As the to forge a lasting peace in the region. perience in his 1998 memoir, To End a War.

VerDate Mar 15 2010 07:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00153 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.194 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8508 CONGRESSIONAL RECORD — HOUSE December 15, 2010 b 2240 and said, it won’t work. He said, we their mouth is going to be excessive GROWING THE ECONOMY AND have tried spending, and unemploy- taxes. When you have too much taxes JOBS ment is as bad as it ever was, and we on business, what happens is they use have a huge deficit to boot. Well, it their money to pay the taxes and they The SPEAKER pro tempore (Mr. didn’t work then. It still hasn’t worked don’t use their money to invest in new SCHAUER). Under the Speaker’s an- for the last couple of years. equipment, new processes and new nounced policy of January 6, 2009, the I think the point as we move forward R&D and various ways that when they gentleman from Missouri (Mr. AKIN) is into this discussion about what are we invest they create more jobs. recognized for 60 minutes as the des- going to do with the expiring tax cuts So the first thing that is an enemy to ignee of the minority leader. left over from the Bush administration, job creation is, first of all, excessive Mr. AKIN. Mr. Speaker, it is a pleas- I think it is important to understand taxation. So what we have coming ure to join you and my colleagues this where we are in context, and that is we along now, and everybody has known it evening on a subject that has been of have come to a point where the Demo- for years, is these tax cuts are coming great concern and attention to Ameri- crats have been making the calls and along, they are going to expire and it is cans now for a number of years, unfor- they have been driving this equation going to be a massive tax increase. tunately, and that is the subject of the and the economy and jobs has not In fact, we have what in a way is a economy and jobs. This ongoing discus- turned around. tax increase train wreck. You could sion and debate is taking new turns We were told at the time of the stim- think of it as the train is steaming here the last few weeks, and I think it ulus bill that if we did not pass the bill, along and everybody knows the bridge is helpful and perhaps informative to that we could have as much as 8 per- is out. The bridge is out on January try to put that into perspective some- cent unemployment. Supposedly, if we 1st, 2011, the tax cuts expire, and what what. did pass the bill, unemployment would happens then, America receives the The thing that I think that perhaps be lower. largest tax increase in the history of we have to understand from the begin- We did pass the bill. Unemployment the Nation. Now, that is very bad medi- ning is that the whole question of the jumped to about 10 percent. And those cine for an already-sick economy. So economy and jobs is owned right now numbers are pretty conservative, be- that is the situation we are facing. by the Democrats, because that party cause people who have been looking for So there is no surprise about this. has been driving the train for the last a job for over a certain number of Everybody has known these tax cuts couple of years. months are no longer counted as unem- are going to expire and there will be The distinction between the parties ployed. So in fact the unemployment this whopping big tax increase, and has never been more sharp over the number is probably higher, by the way somebody has to do something about past 2 years because of the fact that many people would calculate it. So, it. So now we are waiting to the last you have had almost entirely party- that is what has gone on. couple of weeks of December to try to line voting on major piece of legisla- Now, this is not complicated econom- deal with this problem. That is not par- tion after major piece of legislation. ics, if we are really serious about cre- ticularly responsible, I suppose. When it came particularly to the stim- ating jobs. But there really are two dif- So what is it when you go to Main Street and you ask businesses, what is ulus, it was called the stimulus bill, ferent party solutions: One is more bu- it that kills jobs? Well, the first thing some people called it the ‘‘porkulous’’ reaucracy and food stamps; the other is is major heavy taxes on businesses and bill of a couple of years ago. That was more jobs and paychecks. That is on entrepreneurs and on the people a black and white kind of party-line America’s choice, and America chose that run businesses. That is the first vote, along with quite a number of in the November election to move to- killer of jobs. Now, we are doing that other items on the agenda. ward the more jobs and paychecks and in spades. We are doing a lot of that. So what we have right now is essen- less bureaucrats and food stamps. But And if these massive tax increases tially the Democrats have been run- this is some of the spending we are come along, it simply makes it a whole ning things for a couple of years, and talking about in the last couple of we have got a recession going. And the lot worse. years. You just can’t do this and have What is the next thing that busi- question is, what are we going to do it not affect jobs. nesses would talk about that would kill about the economy and about jobs? We had the Wall Street bailout, jobs? Well, it is something else that There are two solutions to the prob- which some of it was supported by eats into their profits, and that is a lem. The ones that the Democrats have Bush in the past, but also by the whole lot of red tape and government proposed over the last couple of years Obama administration. Then you have paperwork. So how are we doing in have been a very, very high level of got this supposed stimulus bill, $787 that department? Federal spending, and what they con- billion, which was a total disaster, and Well, one of the big bills that the sider to be stimulus, which is more other miscellaneous items here. Then, Obama administration, the Democrats, Federal spending, which they think of course, health care reform, which is wanted to push was cap-and-tax. That will somehow fix the economy. the biggest of all, ObamaCare, at about was the tax and tremendous amount of For a couple of years I have been $1 trillion. So you have a tremendous new red tape and bureaucracy to pre- here on the floor on Wednesday eve- record of Federal spending. vent global warming. nings saying, with all due respect, I Let’s step back a little bit and go Now, if you believe in the theory of don’t think that solution will work. I back to the things that we know work. global warming, one of the things it am not saying that it won’t work just You can go to anybody who you know says is it is really bad to create CO2. because I think it won’t, which I don’t, that started a small business, people An honest attempt to stop global but also because prominent Democrats that run businesses; you can go to warming would say, well, we probably have also said that it won’t work. Main Street anywhere in America and need to stop burning as much carbon in I have quoted Henry Morgenthau, you can ask the people who run busi- any form and move to some other FDR’s Secretary of the Treasury. They nesses, what does it take to make jobs? source of energy generation, which sug- tried a whole lot of Federal spending. It is not very complicated. But you will gests nuclear. If you were to take the It was the time that ‘‘Little Lord never be able to, as the Democrats try number of nuclear power plants in Keynes’’ had come along and it was all to do, separate the employer from the America and double them, you would the rage. If you get in trouble economi- employee. If you want jobs, you can’t in effect get rid of the same amount, if cally, spend a lot of money, and that destroy the employer. If you destroy you did that, of all the CO2 produced by will get the economy ‘‘stimulated’’ and companies, you will have less jobs. It is every passenger car in America. you will pull right out of the recession. that simple. The bill didn’t do that. The bill cre- That is the theory. So, let’s say that you ask people on ated instead more taxes, which, again, It has not worked. It has never Main Street, well, what are the things kill jobs; and, second of all, a tremen- worked. And after about 8 years, Henry that you have to worry about in terms dous amount of red tape. Morgenthau, a Democrat, came before of destroying jobs? The thing they are Now, that bill didn’t pass because of the House Ways and Means Committee going to tell you probably first out of the fact that even some of the liberals

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00154 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.195 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8509 thought this didn’t really make a icy now, because there’s so many dif- better do something about this. If whole lot of sense. Instead, the Obama ferent parts of it that are part of this nothing else, whether he is seeing the administration has said, well, what we deal that’s been struck, that you really light, at least he felt the heat in the are going to do is we are just going to do create almost more uncertainty be- November elections. implement it through rules and regula- cause there’s no definitive final solu- So the question is then you have got tions. tion. What are we going to do? What is this pattern of all five of these things What does ‘‘rules and regulations’’ Federal policy on the death tax? Are being wrong—the taxes, the red tape, mean? Well, in street language, that we going to tax people after they die? the uncertainty, liquidity problems of means a whole lot of red tape. What One more chance to get them after we the banks, and the Federal spending. does that mean to businesses? It means have taxed them all their life, the All of these things are done the wrong less jobs. It means it either prevents money that they have saved that they way. And so the Republicans, because jobs from being created or kills jobs didn’t get taxed on, we’re going to get things have been so polarized, we voted that are already there, because the red it again a second time or a third time. ‘‘no’’ on all of this stuff, it is quite tape again costs them overhead to have So the uncertainty is a big factor in clear that there is this sharp contrast to deal with it, and the increasing vol- jobs. between what we’re going to do now. ume of red tape makes Americans less The next one is liquidity, which we, Now the contrast becomes more competitive, which then, of course, again, have not done a good job with. blurred with the proposal of trying to shifts jobs overseas. Liquidity is the business owner may do something at the last minute with So the second thing, after a whole lot want to go to a bank and get a loan. the Bush tax cuts. So we’re going to do of taxes that makes it hard on jobs, is Typically, those loans are negotiated a look at that in a minute and what is too much red tape. Unfortunately, we on about a 5-year basis. They pay a the nature of those tax cuts and what are doing that as well. pretty good interest rate because the was the effect when the tax cuts went So then you have got a whole series banker is taking some risk. So the into effect. of other things too that are all contrib- banker, if things go well, does well So, moving along, we continue to see uting to this excessive loss of jobs, and with it. On the other hand, if the small the deficit under the Democrat budg- that is going to be uncertainty. Now, business struggles or fails, then the ets. Now there was a lot of talk that one of the things the way businesses banker gets caught, too. So there’s the the Republicans under Bush overspent. operate is if you don’t know what the question of liquidity, do the small busi- And it’s true that the Republicans did future is going to be, you are going to nesses have the liquidity they need to overspend. You can take a look at be very careful about taking any risks move forward. some of these. 2002, you had a $400 bil- or making any investment in new With the new banking regulations lion debt here. It went down, until we equipment or new processes or new you have Federal bureaucrats all over get to 2008, this was under Speaker technology which is going to create the bank saying, I don’t think that’s a PELOSI’s Congress, but you had $459 bil- jobs. So uncertainty is the third big good loan you’ve made to Joe Blow lion when Bush was President of def- enemy of job creation. How are we over there. And so the Federal Govern- icit, and that a lot of people objected doing in uncertainty? ment is second-guessing what the to and said, Hey, that’s terrible. We’re b 2250 banks do and requiring the banks to going to change these elections around. Well, what is being talked about as a have much higher interest rates but We’re going to elect a different Presi- way of stopping this massive tax in- also higher percent of collateral for dent, et cetera, et cetera. crease is simply kicking the can down anybody who borrows money. That So these were the Bush years; and the road somewhere between a year to makes liquidity more difficult. That now look, all of a sudden here you get two years. And so does that help in makes job creation more difficult. to 2009, with Obama, and you have got terms of uncertainty? Well, people And the last thing of the five things these trillion-dollar deficits, which are argue is the glass half full or is it half that you will hear when you go to Main three times the very worst that Bush empty? It seems to avert the train Street and ask a business owner what ever had. So we’re talking about a level wreck, but it is like you’ve got a train are the things that make it hard to of spending that’s unprecedented. So about to go off of a bridge that’s out create jobs, they’re going to say Fed- when we use this term on this chart and you build a couple more spans of eral spending. Federal spending just ‘‘stupendous spending,’’ it really is stu- track further out but the track still absorbs money out of the economy. It pendous spending. It is unlike anything ends. And so I suppose you avert a makes it so the businesses are starv- we have seen before, and it makes problem but, on the other hand, from ing. If you starve businesses, then George Bush look like some sort of a an uncertainty point of view, it still you’re going to starve jobs. You cannot Scotch Presbyterian or something be- creates uncertainty. disconnect the business from the jobs cause he is not spending at all com- If you’re wanting to know how you’re that it creates because if you’re going pared to this trillion-dollar operation going to do estate planning in terms of to get a job, you’re going to work for that’s going on here. Of course, that re- the death tax, to know that the thing an employer. It sounds not very com- sults in unemployment. is going to be extended with additional plicated. And yet somehow here in Con- Now I have been critical of the Demo- coverage up to $5 million and cover a 35 gress we seem to forget—the Demo- crat policies because historically and percent tax rate, but you know that’s crats seem to make the disconnect on economically they’re going to create only going to happen 2 years, that those things. unemployment. They have done that. doesn’t help you a whole lot in estate So these are all policies that have And so the question is, Do you want planning. It may help for a year or two, been set up by the U.S. Congress. It is more bureaucrats and food stamps, or but it still leaves a huge question not a surprise that there’s unemploy- do you want jobs and paychecks? mark. ment going on because we’re violating That’s what America has to answer. But not only is the death tax a ques- all five of these basic principles of job Now what is the solution to this? One tion mark, but capital gains and divi- creation. So then the debate comes, of the proposals is to not let these tax dends. Another thing that takes time Well, what are we going to do about cuts expire. Then the question be- to plan for is a question mark. Is it these taxes that are expiring? We have comes, Well, then doesn’t that add to better than having the train go off the had a number of years to think about the deficit? Well, part of it does and cliff? Perhaps. But it still does not it, but nobody wanted to do anything part of it doesn’t. That’s kind of the in- solve one of the things that makes it about it. But now, after the election, teresting thing that goes on here. If hard to create jobs, and that is if we’re starting to say, Hey, this really you continue to pay people for not you’ve got a whole lot of uncertainty. may be a problem. And the President, working, which is extending unemploy- So this, in a sense, may increase, but it because the buck stops with him, to a ment, and certainly because there is a certainly doesn’t help the high level of large degree, has been the first to ac- high level of unemployment, that’s ap- uncertainty that’s coming along. knowledge within the Democrat groups pealing. But the trouble is the unem- In fact, it’s been argued in the Wall between REID, PELOSI and the Presi- ployment is created by those terrible Street Journal that the whole tax pol- dent, the President is saying, Hey, we policies of too much taxes, too much

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00155 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.196 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8510 CONGRESSIONAL RECORD — HOUSE December 15, 2010 Federal spending, the uncertainty, and that would make a difference. If you the lines going up are creating jobs. liquidity, and those other component charged $10, you’d get much more. You can see there is a pretty good dif- parts. Then you think, Well, wait a minute. ference between here, which is before So here’s the solution to some de- Nobody would buy any bread if you put the tax cut, and after the tax cut. So gree, and that is when you cut taxes, in a $10 tax on it. So you start thinking to we see the immediate reflection in fact what happens is you don’t build a yourself, There is probably some opti- terms of jobs. deficit. You reduce the deficit. Well, mum between a penny and $10 where I Now, are jobs the only things created how can that be? If you cut taxes, it would get the most revenue on the by this tax cut? That’s kind of inter- means the government gets less bread. If I were to raise the tax, I’d ac- esting. money, doesn’t it? If the government tually lose revenue because more and This is what we’ve been saying all gets less money and keeps spending at more people wouldn’t buy any bread, the way along for a couple of years the same rate, doesn’t that mean you and so I’d actually have my tax rev- now. My Republican colleagues and I have more and more deficits? The an- enue go down even though I’d raised have respectfully stood on the floor swer is, No. the taxes. On the other hand, if I were and have said we love the Democrats, Because of a very interesting effect to lower the tax too much, then I but they’re doing everything wrong to that was made public I suppose by an wouldn’t get as much revenue as I the economy. They’re going to create economist by the name of Laffer, quite could. unemployment. They’re going to create a cheerful fellow. He was here in the So there is an optimum point, and distress in the economy. They’re going Capitol no more than a few weeks ago. that’s what Laffer is really pointing to make it hard for businesses, and He was an economist under the days of out here, that the taxes are so high they’re going to ship jobs overseas. Ronald Reagan. And what he has shown that, when you actually drop the tax, We’ve been saying that. We’re saying is this red line is the rate of the total the Federal Government makes more this is not going to work. You’re not Federal tax. The blue lines are the money. You can see it. This is one going to be able to reduce the deficit. total Federal tax receipts in dollars. graphical display. This is just talking You’re going to increase the deficit, And this is the top marginal income about the top marginal income tax and you’re going to break the back of tax here, going from all the way up at rate. We’re going to see it even on the America economically if you keep on 90 percent, dropping way down. And it’s larger scale as we take a look specifi- doing this. We’ve been saying this over the top marginal rate that is the rate cally at the Bush tax cuts in 2001, par- and over again from this floor. Now the on all of these supposedly rich people ticularly the Bush tax cut of May 2003. numbers, after the last few years, indi- So how did things unfold back then who, by the way, the rich people are cate that that’s exactly what’s hap- in 2003? I have some charts I think you the ones, a lot of them, own those busi- pening. will find very interesting. The fact of the matter is we don’t nesses that create the jobs. So if you These charts are all laid out in essen- have to not learn from history. We can tax them into the dirt, what is going to tially the same way. I have three learn something from history here, happen to the jobs? You won’t have the charts in a row. The line that appears which is that this tax cut particularly jobs. You broke the code. If you want right here on all three charts is for seems to have done an awful lot to jobs, you’re going to have to allow peo- May 2003. These are the years across ple to keep their wealth and invest in here. This is 2001 March. There were a change the job picture. Now, of course, you could always business. bunch of tax cuts here. You can see make the case. You could say, Well, So what Laffer is saying here is we that the job creation isn’t looking too maybe it wasn’t the tax cut that pro- dropped historically. As we drop this solid in here. Some of the tax cuts we duced this effect. Maybe something top tax rate, take a look at what hap- did were politically ‘‘feel good’’ kinds pens to the total tax receipts of the of things—giving people some more else was going on here that would ex- Federal Government. The tax receipts money to spend and a few things like plain this. The only other thing that is hap- are going up. Doesn’t that seem that—but there was another tax cut pening in the economy here is that counterintuitive? Doesn’t that seem as which was part of this whole series in Greenspan has got the interest rate though you’re making water run up- May of 2003. hill? The answer is, no, it is not. And What we’re going to focus on is this close to zero, and that of course was here’s, I think, a simple way to try and tax cut. This was capital gains, divi- driving the big real estate bubble, we understand it and it helps cast light on dends, and the death tax. Now, those now know. That’s what happens when the votes that are coming up here later are not popular tax cuts because it the Fed drops their interest rate very this week and perhaps even the week of seems like they’re tax cuts for people low. You have all of this easy money Christmas. There has been certainly who have more money, but again, the looking for someplace to invest. In this the threat that we’ll come in on Christ- people who have more money are also case, they landed on real estate, and mas week and maybe New Year’s week the ones who are driving a lot of those created a big problem. So you could as well. It’s interesting that we businesses that have the jobs. say that the interest rate being low couldn’t get our business done so we’re So let’s take a look at what happens. could contribute to this, but it’s inter- going to try and jam it all in at the This is May 2003. We introduced the esting that you get this very stark and last minute. And it’s also interesting tax cut to cut the capital gains, to cut immediate contrast when this tax cut to see what the real priorities are. the death tax and the interest, the div- goes into place. So what does this say? Well, for in- idend rate. So let’s take a look. This is Let’s continue this because it’s kind stance, let’s say that you are made pretax relief. This is job creation. of a little bit of history that is going to king for a day or king for a year and Every line that goes down indicates inform us as to where we need to be in your job is to try to raise as much rev- that we have lost jobs out of the econ- the decisions going into the new year. enue for your kingdom as you can so omy. That’s what we’ve been doing now Here is the same tax cut here. This is you can run your government. for a number years. We’ve been losing again the beginning of 2003, but this is jobs out of the economy. This isn’t the gross domestic product. Of course, b 2300 good. We don’t want to lose jobs. that’s a measure of the overall produc- You’re allowed to do one thing. You Why do we lose jobs? Because we are tivity or of the efficiency of the U.S. can tax a loaf of bread. violating the basic principles of eco- economy. This is pretax relief. The av- Now you start thinking and contem- nomics. erage GDP was 1.1 percent. You can see plating, and you say to yourself, Well, Now, we were losing jobs during it was not only 1.1 percent, which if I were to charge a one-penny tax on these early years. We did some tax wasn’t great for GDP, but it also was every loaf of bread—and there are mil- cuts, but the tax cuts didn’t seem to kind of spotty. You had this one where lions of loaves that are sold—why, we’d turn this around, which suggests that it was actually going down in gross do- raise some money. not all tax cuts are necessarily going mestic product, and these numbers Then you’d say, hey, instead of a to create jobs. were not very high. penny, what happens if I charge $10 for Here we go May 2003. Take a look at Then you go to the tax cut—capital a loaf of bread? Why then, certainly, what happens now to job creation. All gains, dividends, and the death tax.

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00156 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.198 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8511 Now this is only carrying the thing That’s one of the reasons there is this you a basis for planning, for estate over to 2006. These are older charts, but fundamental difference between Demo- planning or for capital gains dividends, they’re interesting charts. You can see crats and Republicans. Democrats al- those kinds of things for the business- the effect afterwards—at least it ap- ways want to say, if you’re going to do man, no. Their loan cycle is typically a pears to be an effect—of going from 1.1 a tax cut, you have to pay for it by cut- 5-year cycle to the banks, and so hav- to 3.5, depending on which year, but the ting something. It sounds like good ec- ing a capital gains dividends policy difference is that it is a marked dif- onomics. It’s not good economics. The that’s extended out a couple of years ference. fact of the matter is, if you do tax cuts, doesn’t get within that 5-year window. The scary question then to suggest if they’re the right kind of tax cuts, So is there more or less certainty? is: If there is a causal relationship be- you actually get more Federal reve- Well, you can argue back and forth. tween this tax cut which allowed nues, and it does not hurt the deficit. So the Republicans are caught sort of businesspeople to make more invest- It helps to reduce the deficit. in a weird situation. We think, well, ment in American businesses, what certainly you shouldn’t nail America b 2310 happens if you turn the economics up- with the biggest tax increase in the side down and do it in reverse? What That was the effect in 2004, -5, -6 and history of the country, that doesn’t happens if that tax cut goes away? -7. You can see 4 straight years of in- make sense, but even if you avert that What does that mean relative to job creases in Federal revenues as a result disaster, does that mean these other creation if, all of a sudden, this thing, of these taxes. elements are taken care of? And the this event which created more jobs— Now, here’s the scary question again. answer is clearly no. what happens if you do it upside down? I’m going to say it over and over: What Do you think that the things that are Isn’t it logical that if these tax cuts ex- happens if you turn this math upside burdening our economy, that’s holding pire that it will have the reverse ef- down? Instead of reducing capital gains down job creation, that makes it very fect? That it will do the very thing op- and death tax and dividends, what hap- difficult on families, do you think posite of what it did when it went the pens instead of reducing them if you those conditions have been mitigated? other way? increase them in the biggest tax in- No. No, we’re still taxing too much. That’s a very scary thought because, crease in the history of the country? We’re still have too much red tape, too if all of a sudden we have now 9 or 10 Will it not do the exact opposite? And much uncertainty, too much Federal percent unemployment and we do when you increase those taxes, is it not spending, and the liquidity problem something to make that worse, that’s possible that the Federal revenues will with the banks is still not taken care not a very good idea. That’s why even drop even more rapidly and the deficit of. moderates and even the President are will become even more unmanageable? So here we are. We’ve got before us a starting to say, I’m not so sure we I think there’s good evidence, and bill. Republicans are kind of scratching want to burden America with the big- many solid economists would say that their heads on it because it has some gest tax increase in the history of the we do not want to allow these things to bad parts and some good parts, and we country right at the time when it’s not expire. understand what we have to do. This at all clear that we’re even out of the Now, let’s just say that the Congress bill is not really going to solve the last recession. votes in the next couple of days, as I problem of unemployment. It’s not There are some people who are opti- think, being a Member of Congress, I going to solve the problem of overtax- mistic. They think, Oh, we pulled out suspect we might well do this. We’ll ation. It just prevents an evil from of the other recession that we were in. vote and we will pass this supposed tax happening. I’m not so sure. cut deal. Does that solve the problem I measure that based on those same 5 But it is interesting to note what of excessive taxes? Well, it gets rid of a points we’ve been talking about, which level of risk there is ahead for America problem of the biggest tax increase in is the problem with excessive taxes, if this issue of these taxes is not dealt the history of the country coming, so the problem with excessive redtape, the with, and we’re not in a position to be it’s averting damage. But if you take a uncertainty created by all kinds of able to do that. That’s something that look at where we are right now, we are government actions in the market- has to happen with the Senate and it still overtaxing and we’ve got the un- place, the liquidity problem in the has to happen with the President, and employment problem. So it’s good to banks, and of course excessive Federal they’re going to have to get serious spending. avert the evil, but does it really fix about reducing spending and also re- So here is GDP after the tax relief. where we are? No, it doesn’t. ducing taxes. And over the next num- Do you see that the GDP has gone up? And does that then change the red ber of months, I have not the slightest The job creation looks good. tape picture? No, the red tape picture doubt that a Republican-run House is Here is the last chart—also very in- is still bad. Does it change the liquid- going to choose, they’re going to teresting. This is the one that we ity picture of the banks? No, it doesn’t choose jobs and paychecks over bu- talked about just a few minutes ago, change that. Does it change the high reaucracy and unemployment. Not bu- which appears to almost invalidate the level of Federal spending? No. It makes reaucracy and food stamps. That’s not law of gravity. You cut taxes here. it worse, because we’re spending some our choice. This red line here is Federal revenues, money which is not tax cut money, but Our choice on the American Dream is and Federal revenues are going down. we are spending money on extending to allow people to take risks, to invest Then we cut taxes, and you think, Oh, unemployment, which is a legitimate their own money, and to get jobs and they’re going to go down even more. form of Federal spending which does to receive paychecks. We think that’s Terrible. There’s going to be a huge affect the deficit. So it doesn’t help the the best form of security. Economi- deficit because we’ve cut taxes, and deficit in that way. cally, it is a good paycheck. It’s the now there’s going to be a deficit. So And certainly the question of uncer- best thing for a healthy Nation. the Congressional Budget Office adds it tainty is one of those things. Is the And so we will be making proposals all up, and says, Well, golly. If we’re glass half full or half empty? Right to cut taxes, to cut red tape, to create making $100 with this tax now and if now, we have certainty there’s going to certainty, and to reduce Federal spend- we cut it in half, why, we’ll only make be a train wreck, there’s going to be an ing, all of those things. We’ll be mak- $50. economic disaster on January 1 be- ing those proposals, but we won’t be It seems like a logical assumption, cause we have not dealt with the mas- able to pass them. We can pass them but it’s not. Take a look at what hap- sive, massive tax increases coming. out of the House, but it’s got to get pened. There is some certainty in that. It also through the Senate. And if it gets When you cut taxes, businessmen in- means there is a big problem coming. through to the Senate, it has to be ap- vested the money. Businesses started On the other hand, is kicking those proved by the President. So everybody getting going. As businesses got going, tax cuts forward by 1 year or 2 years, will be able to see what’s going on. they raised more taxes. So what hap- does that create more certainty? Well, Now, in the past when I was here, pened is the Federal revenues actually the answer is no. It’s maybe a little 2001, 2002, 2003, we passed a number of went up as a result of the tax cut. more certain, but it still doesn’t give things through the House that were

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00157 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.200 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8512 CONGRESSIONAL RECORD — HOUSE December 15, 2010 very good policy that no one paid any What we have to do is go back to the already. It says, we are going to tell attention to. They were killed by drawing board, which is the U.S. Con- people ahead of time, we’re going to be Democrats in the Senate because we stitution, and we have to start asking in, serving in Congress, on these par- never had 60 votes in the Senate. A ourselves what are the essential func- ticular days. There won’t be votes be- couple of those are kind of interesting. tions that the Federal Government fore noon time, so committees can ac- One of them is an energy bill, be- must do and those we must fund. And tually do their work without telling cause it said we’ve got to pay attention particularly, that includes providing witnesses that have flown across the to the fact that we are dependent on for the national defense and the other country to testify that they have to foreign countries, particularly the Mid- things that are not essential that the wait 45 minutes while we name another dle Eastern foreign countries, for our Federal Government do. We must start post office after somebody. And we are oil supply. We are too dependent on to say maybe we should just plain get going to know for sure that on the day foreign oil, and so we put a number of out of that business and turn that back we get out that there won’t be votes energy bills together, killed in the Sen- over to the States and turn it back after 3 o’clock so people can schedule ate by Democrats. over to local cities and to the citizens their flights home and can be doing We also recognized that there was a of America and let them deal with work back in their districts. problem with health care, that there those things, because Americans are So what we’re trying to do is to rede- were some things that were out of bal- fed up. They’re fed up with unemploy- sign the entire system so we can deal ance. We said there’s some things that ment. They’re saying no more bureau- with these kinds of problems. But we’re have to be done. We’ve got to do some crats, no more food stamps. What we not going to do it with a quick shot tort reform. We’ve got to do some asso- want is jobs and paychecks. And I that says, Hey, let’s just postpone this ciated health plans. We’ve got to make think that’s where the public is head- problem for a year or postpone another some changes in health care. All of ing. problem for another year and a half those proposals were killed in the Sen- So the question then becomes, well, and have the thing still hanging out ate by Democrats. 20/20 hindsight, just what’s everybody going to do on this there. There has to be specific tax pol- like energy, fixing health care was an big tax bill? The answer is we could icy. It has to be a tax policy that is important priority. avert some evil, but we’re not going to friendly to American jobs and allows us And then we also passed a bill par- solve the real problems that we have to to be competitive. ticularly to try to rein in the excessive do by simply postponing or kicking It gives me no satisfaction to see us practices of Freddie and Fannie. Presi- these things down the line a little bit create a set of rules which are guaran- dent Bush on September 11, 2003, in The and creating more uncertainty and teed to have the international corpora- New York Times, not exactly a con- postponing them. tions in America say, Hey, you’re mak- servative oracle, said he wanted au- ing the rules so that we can’t put jobs thority from the House and from the b 2320 in this country. We’ll still make a prof- Senate to allow him to regulate On the other hand, we cannot allow it. We’ll still create jobs. The jobs will Freddie and Fannie because their fi- the major tax increase to go forward, be in a foreign country. What good is nancial practices were out of control so you’re going to see a checkered pat- that to us? It maybe makes some busi- and were really going to become a li- tern in the voting, particularly the Re- ness people or investors a little bit ability. We passed legislation to do publicans. There will be some for and more money, but it isn’t where we that. It went to the Senate. It was some against them, arguing whether should be going with Federal policy. killed by the Democrats in the Senate. the glass is half full or half empty. Our policy should be, America can be In each of those cases, a Republican But there won’t be any argument competitive, but let’s not create a sys- House passed legislation that histori- about what we need to do. There is no tem where we basically are destroying cally, you look back and say, argument about the fact that we do not ourselves. And that’s what’s going on policywise, you’re right, nobody no- want 10 percent unemployment. There with excessive taxation and with exces- ticed it. The media didn’t cover it but is no argument that we want the Fed- sive red tape and all. So that’s where it occurred, and you can check it. It’s eral Government to be a fearful mas- we are. part of the RECORD. And the same thing ter. We are sick of that, and it’s time What we’re seeing again is this rush could happen in this next year, but I for things to change. And that is, to in the last week or two of this year to don’t think it will. I don’t think it will, some degree, what has led me person- do things that show a priority that is a because I believe that Americans have ally and quite a number of other Re- bit weird. Today I was on the floor a been paying more attention to what’s publicans to understanding that as we little earlier, and I commented on the going on in government. approach this next year, that there is a fact that a long, long time ago, there I believe that Americans are fed up. I new area that we have to go to. And was a chance to see a total solar believe that Americans are at the point that is, we have to take a good look at eclipse. Now if you’ve never had a where they’re saying that government this wonderful Chamber; we have to chance to see something like that, they is no longer the servant of the people, take a good look at the U.S. House and don’t happen very often. But I was out that government is becoming a master. say, Have we really run this place the on the edge of Massachusetts, on Cape It’s an out-of-control government, and way it should be run? Or have we al- Cod, and it was an area of the U.S. it’s time to start putting the genie lowed a series of fiefdoms over the where there would be a total shadow; back in the bottle, and they’re going to years to build and develop where we that is, the Moon totally comes in the do that one way or the other. The ques- have created a structure that is so un- way of the Sun. And right in the mid- tion is whether those of us that have manageable, so crusty, so inter- dle of the day, the Sun just darkens up been elected to serve as servants are connected, and from a systems point of slowly. And light doesn’t totally dis- going to step up to our job, cut the red view, so unmanageable that even if you appear, but it is an eerie and strange tape, cut the bureaucracy, cut the Fed- put good people in it, you get bad re- feeling. That doesn’t happen very often eral spending, cut the taxes, and make sults? that you can observe an eclipse. the Federal Government a servant of I believe that the results of the ex- What happened today was also a kind the people. cessive growth of the Federal Govern- of eclipse, what’s happening at the end In order to do that we can’t just sim- ment indicates that there is a need for of this year. This is the first time in I ply say, well, we’re going to take 10 a redesign of the House entirely. We believe it’s 48 years that the House has percent off of this department, 10 per- need to take a good look at the budget not had a defense budget. That is cent off of that department, 10 percent process. There is a lot of confusion over weird. That’s an eclipse of reason that off another department. We can’t say earmarks and what should or shouldn’t we have no defense budget. And so we’re going to cut waste, fraud, and be the job of the Congress to appro- today when the House has no defense abuse, because there isn’t any budget priate money constitutionally. We need budget, instead what do we vote on? item that says waste, fraud, and abuse. to take a good look at—you can see Well, we vote on getting rid of the It’s a more complicated process than that we have started that process by Don’t Ask, Don’t Tell, so we’re going to that. the new schedule that’s being published deal with gay policies in the military.

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00158 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.201 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8513 We don’t even have a military budget, are some areas where we have serious more bureaucrats and food stamps or is and we’re pushing some social agenda problems in this country that are not it going to be jobs and paychecks? here in the last couple of days for fear all clear, and it gets into some very es- That’s the decision before us. that the new people that come in won’t oteric areas in the area of real estate, We will send those pieces of legisla- really want to do this thing. So at the both commercial and residential real tion to the Senate. You need to look last minute, we’re going to hurry up estate. for them. I guarantee you that we’ll and do something which you’ve got And we have not fixed Freddie and send them. The question’s going to be: three generals—a general of the Army Fannie as a result of this last big hous- What’s the Senate going to do and of America, a general of the Air Force ing bubble which has affected people’s what’s the President going to do? of America, a general of the Marine savings terribly in ’08. Many people I’m joined here by a very good friend Corps all are saying it’s a bad policy. lost a great deal of savings in ’08, and of mine, Congressman KING from Iowa, We have got two wars going on. And it was caused by a series of things in somebody who has a passion and love what are we doing? Are we doing our the housing industry that were not for America and a love for free enter- business? Are we passing a defense done properly. It’s courtesy of the U.S. prise. And he has a good reason to have budget? Congress. It was the fault of the U.S. a love affair with free enterprise, be- No. No, instead, we’re tampering Congress and the Senate and our poli- cause he is a small business man, start- around with social policy to try to cies, relative to loan policies. And we ed his own business, sustained his fam- make some constituency happy. Why haven’t fixed any of those things. ily and has held his head high and do we want to burden the military with So not only have we not fixed tax in- proud. He has some tendency to speak social policy anyway? Why not allow creases, not only have we not fixed red sometimes on the floor here in Con- them just to defend us and keep the tape, not only have we not fixed the gress. Many of you may know my good discussion on social policy as an Amer- problem of liquidity, not only have we friend Congressman KING, and I’m ican and a local kind of question. Let maintained an air of uncertainty which going to call on him and just ask him the States deal with it. No, we’re not is problematic, not only are we exces- if he’d like to make a comment or two going to pass a military budget. We’re sively spending at the Federal level, about this whole situation that’s com- going to do that. It is a question of pri- we’ve got some other problems in real ing up this week and how it relates to orities here. estate that are still out there. the Bush tax cuts and whether or not And this effect that we’re seeing says So all of these things lead us to un- it’s really going to solve all the prob- there is big trouble next year if we derstand that there has to be a funda- lems that the country has and what the don’t do something about what hap- mental change by the way things are solutions really would be. And I believe pens. Because if these numbers go in done here in Washington, D.C., and it you’ll hear a story that’s very common reverse, what you’re going to see in- says that we cannot afford the level of sense, very much in line with free en- stead of Federal revenues going up, Federal spending and the excessive tax- terprise and the American Dream and they’re going to go down. What you are ation that have burdened our economy refreshing and hopeful. My good friend, the way it has. going to see in reverse is, if you do the Congressman KING. It’s a treat to be able to join every- reverse of this change here on GDP, Mr. KING of Iowa. I thank the gen- body this evening, and it’s a treat to be you’ll see GDP going from—which is tleman from Missouri for bringing his able to talk about these things because insight here to the floor of the House too strong now, it’s going to get worse. this is current and relevant. It’s quite so many nights in a row when others We can’t afford that. We don’t want possible tomorrow that the vote will might decide to call it a day. There are that to happen. And particularly—and come up on the tax thing. And I think Americans that are lying awake that this is cruel and harsh to Americans— what you’ll see, as I’ve said, is kind of are worrying and concerned about what you’re going to see jobs vaporizing and a mixed pattern from Republicans. disappearing. happens here in this United States That’s not where we need to be going b 2330 Congress, this great deliberative body, with this Congress. Even in the last There’s bad stuff in the bill because and the future and the destiny of this couple of days, in the last week or two, it’s going to increase the deficit. Good country established here often on the depending on if they decide to call us stuff in the sense we’re preventing a floor of the House of Representatives, in for Christmas and New Year’s, I’m terrible tax increase, but yet, overall, and that’s why every word that’s spo- not sure about that. We’re not calling it’s not fixing the problem. And the so- ken by the gentleman from Missouri the shots on that. But we are not cre- lution to the problem is going to come and others is essential and it contrib- ating the policies which support a good and it’s going to be something that utes to the direction that America stable economy. we’ll do one piece at a time. We’re takes. And the policies are available. It’s going to send it over to the Senate, and And as I listened to the gentleman not just Republican policies. I might we’re going to give them an oppor- from Missouri, Mr. AKIN, present this mention that the person that under- tunity. very cogent and factual presentation stood this effect was JFK. He had a re- One of the things we’ll do will be to here tonight with the charts to back it cession; and what he did was, he treat- take the death taxes and say, Let’s up, and I remember my good friend ed it with a good dose of solid, sound make a decision. What are we going to from Minnesota, Congressman Gil Gut- tax policy by cutting taxes. And JFK do on this? This thing has been running knecht, who used to say that if you saw this same kind of turnaround while along since May of 2003. Everybody have a chart to back it up you’re 40 he was a Democrat President. Also knows you need to make a decision on percent more believable. And of course Ronald Reagan did the same thing. He it. What are we going to do? Are we I don’t know how you improve upon inherited a lousy economy, just as going to make it permanent in some being completely believable, which is Bush II had done, and he had cut taxes way? We’re going to let people plan and the case with the gentleman from Mis- aggressively. People made fun of it. know what the Federal policy is going souri. But I was inspired as I listened They called it Reaganomics and trick- to be? Are we going to—after we nail to the gentleman’s discussion about le-down economics and things like people for taxes all their life, are we the estate tax and what happens, and I that. They made fun of him for a year going to nail them again when they think it’s so important that we think or two until the economy snapped die? When a son inherits his farm from about the function of tax policies. around, jobs were created, the economy his dad and the farm is worth a number And I listen to the class envy on the steams off strongly for many years, of million dollars and the protection is other side of the aisle. And there are and these same policies were vindi- only for a $1 million cap, does the son many over there that are steeped in cated. They work. And it worked for have to sell the farm, in fact, liquidate class envy and think that if a person George Bush when he did it here. the farm, in order to pay the taxes works their entire life and compiles The question is, Are we going to we’re going to extract from the person enough money to be worthy of the learn from history? Or are we going to who died? trouble of the tax man stepping in and take a recession and turn it into a That’s the question. And it’s time for taking a chunk of it, as much as they Great Depression? I’ll tell you, there us to make a decision. Is it going to be can get, that somehow there’s a justice

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00159 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.203 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8514 CONGRESSIONAL RECORD — HOUSE December 15, 2010 at the end of the generation to take and we don’t get this thing resolved, that land, that spent two or three gen- the earnings of that generation and taking away half of what he’d earned erations or more building a family spread it out amongst the other people in his lifetime, he would have not had farm—and let’s say now, today, it’s not instead of allowing it to go to the next that dream. He’s unlikely to have even 160 acres that it takes to sustain a fam- generation. come to the United States. But he’s ily but 1,000 or 1,500 acres that it takes And I think about my ancestors that really unlikely to have bought those to sustain a family. And that’s more came across the prairie in a covered nine quarter sections of land, because accurate. wagon. I think about my great-grand- he would know that before he could b 2340 father who arrived here from Germany hand it off to the next generation, the Let’s just say that that unit that was on March 26, 1894, and he had four or tax man would come in and swallow up put together, two sections of land now, five of his children with him, and the half of it. balance of his nine children were born And so here’s the scenario. I mean, 640 acres a section, 1,280 acres alto- here in the United States, the ones unfortunately for my great-grand- gether. The SPEAKER pro tempore. The that survived. And his dream was to be father, he lost all of that land when the time of the gentleman has expired. able to homestead, buy and build a stock market crashed in 1929. He didn’t farm for each of those children, nine Mr. AKIN. Mr. Chairman, I thank my lament that. He’d engaged in free en- colleagues for joining us in the discus- children that reached maturity. And he terprise, capitalism, and commerce, bought nine quarter sections of land, sion here about really the future of and it didn’t work out for him. The America. 160 acres each, and that’s what it took timing was wrong, and he lived the rest to support a family. You need to raise, of his life in Pierson, Iowa, a lonely f oh, six, seven, eight, nine or ten kids man in a tiny little house. But he had KILLING THE AMERICAN DREAM on 160 acres. the dream. He had the chance to access And he had a diversified farming op- The SPEAKER pro tempore. Under eration that had a few milk cows, some the dream. And it didn’t work out for the Speaker’s announced policy of Jan- sows. He raised some corn and later on him, but his children received the vi- uary 6, 2009, the gentleman from Iowa some soybeans and some oats and some sion of his dream and they went to (Mr. KING) is recognized until mid- hay ground, and everybody went to work and they built, and they raised night. work and they built their future and their children with the same dream Mr. KING of Iowa. Mr. Speaker, and I their destiny on that land. And the that brought him here to the United would ask the gentleman from Mis- dream was: Can we hand that land over States. souri if he would mind sticking around And so I think today, even though it to the next generation? Can we take here for a seamless transition into this hasn’t worked out for my family in the this unit and deliver it to the next gen- dialogue. And I appreciate being recog- way that it was envisioned, and there eration? And his dream, with nine chil- nized to address you here on the floor isn’t wealth on either side of my family dren, buying those nine quarter sec- of the House. It is always my privilege. that counts as taxable in the estate tax And I would pick this narrative up tions of land was, if he could set each configuration, no matter what it is, it where it was left off in the transition of them up on 160 acres of land that inspired them nonetheless. They component of it, and where I was, with they would inherit from him, that if worked nonetheless. They invested cap- 1,288 acres now required to sustain a they took care of the land, they took ital anyway, and they went to work. unit of operation, that would be these care of the livestock, it would all take And so— acres, and a home place that was built care of them, and they could raise their Mr. AKIN. You know, just stopping with grain storage and transfer equip- children, and the next generation could your story for a minute there, it ment and livestock facilities and those go build upon the equity that was strikes me that the policies that killed things that make it a system and a earned in his generation. your grandfather’s dream in the Great Mr. AKIN. You know, I can’t help but unit. Maybe some rented land out Depression were the same policies that get excited about what you’re saying. there, some rented pasture, some hay we’ve been following for the last 2 or 3 You’re talking about the American ground, some rented crop ground that Dream before there was all this tam- years. There’s nothing new about it. It keeps this system that is a viable and pering government. And the thing that was excessive Federal spending, exces- effective unit. And now, let’s imagine I find just absolutely amazing—let’s sive Federal taxation all packaged up that. compare your grandfather to somebody as Keynesian economics. And Henry Mr. AKIN. A couple tractors, com- else. And I don’t know who it was, but Morgenthau, after he killed that bine, some equipment worth a lot of somebody else who, instead of making dream, came to this Congress and said, money. those sacrifices and doing the hard Guys, it didn’t work. Mr. KING of Iowa. And let’s say five work, went out and drank and gambled And we’re not listening to it, and kids. That is a good number. Five kids, everything away so he died penniless. here we go again doing the same thing. and they are raised on this farm. Now, the system of tax that is being I just feel like we have got to learn Now, two sections of land, paid for, proposed by the Democrats is going to something from history. And your and the 90-year-old patriarch of this reward that guy because he won’t pay grandfather is such an inspiration. And family has reached the end of his life any death taxes at all. And yet your certainly what he passed on was the vi- and he is watching how his life’s work granddad, who made all kinds of per- sion of the fact you can make it in this that is the legacy of his predecessors, sonal sacrifices and hard work to set country. You can go from being poor to the life’s work of almost a century of up his children and grandchildren, he’s being well-to-do if you work hard and his memory adding all up to this point going to get his hide taxed off of him. you try hard and you live that dream where, if he passes away in the first What kind of tax policy is that? A tax that’s in your heart. That’s what minute of next year, the taxman hov- policy should encourage the American America’s supposed to be about. ers over the death bed and reaches in Dream, not destroy it. I yield. and pulls out, aside from the $1 million Mr. KING of Iowa. And if I would say Mr. KING of Iowa. Well, in the suc- exemption, 55 percent of the asset that if he was sitting in Germany in ceeding generations, the dream was value. 1893 planning his trip here in 1894, passed on even though the equity was That means that half of the land that thinking he was faced with tax policy not, because they didn’t build the eq- has been accumulated goes to pay the that would confiscate his life’s earn- uity but the dream was there. The obli- taxman. The other half of that land, ings and pass it back to the govern- gation and the duty and the apprecia- the five children that would inherit the ment and distribute it to the people tion for America embracing my ances- balance of what is left, would have a 20 that were not engaged in the free en- tors coming here was passed on to me, percent equity share in the land that is terprise— and it said stand up for this United left, 20 percent equity share in 45 per- Mr. AKIN. Fifty percent of his earn- States of America, this free enterprise cent, roughly, of what was left. None of ings dream. And today, the families that those children then, on that basis, have Mr. KING of Iowa. Or 55 percent. it’s worked out for, those who have enough equity to hold that system, Even if the ball drops at Times Square made that investment, that hung on to that unit, in place.

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00160 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.205 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8515 And so they look at this and they rope, but that is not the way it is in stole his wallet out of his pocket while would think, do I want to be in debt America. The America I know is class- he was dead. Well, that guy went to the rest of my life trying to retire this less. And I don’t look down my nose at prison for a long time because he was debt, trying to borrow the money to somebody doing a hard job, because the caught. Well, the government is doing buy the section of land that it takes to guy working hard is probably going to that. pay the taxman and buy the 80 percent be the guy who is going to be the mil- Mr. KING of Iowa. And a place in that is left that they don’t have equity lionaire, he is probably going to be hir- eternity. in, that goes to their siblings, and to be ing my kid to mow his yard for him. Mr. GOHMERT. Exactly. Anyway, able to turn the cash flow to retire it So why do we talk about classes? my great aunt’s husband predeceased to serve the interest and principal on Why don’t we talk about jobs and the her. When she died, she had left a will those two sections of land? And the an- American dream? That is what I don’t that set aside one section of land to be swer that they will come away with, understand. sold to pay off the estate tax. Unfortu- and a rational banker will tell them: Mr. KING of Iowa. The gentleman is nately, this was 1986, and that also hap- You can’t hold this land. I am sorry, completely correct on this. I would add pened to be a time when FDIC and the but you have got to put it before the to this point. Let’s just say that a en- SLIC, later the RTC, they started accu- auction, sell this land off, pay the tax- trepreneur has a bright idea, and let’s mulating and they started dumping man, and then distribute the rest of say 10 kids. That is a good start on a land around that area. the proceeds amongst your siblings and family, I tell them. And this bright Land had been valued around $2,000 you get your 20 percent that is left idea from the entrepreneur starts a at the time of her death in 1986, but over after taxes. business, and they build their equity within a year or so when the estate was That means that a century of work, base because of the creativity and the being settled, because of the land being three generations or more that have energy and the conviction and the pro- dumped in the area, it fell to $600, $700 compiled these assets, is gone, taken ductivity and the competition that an acre. The IRS took every acre of the away, because of the class envy that they put into the marketplace. This in- estate, because at the time the land comes from the leftists in this Con- dividual reaches that age of 45 or 50, fell to $600 or $700. The IRS did allow a gress and the people that think that and they can look ahead and say: I can year or two extension hoping the land the American dream isn’t about build- check out of this. I can sell out my value would come back so they would ing equity, and that you shouldn’t be business and I can make the rest of get to save an acre or two. But out of able to transfer wealth from generation this on really solid, stable investments, 2,500 acres, it was around a $5 million to generation, and that somehow, be- and I don’t have to worry about the estate at 2,000 acres, and there were cause someone else worked and created rest of my life. And, furthermore, if I some comparables around that when the capital that this Nation thrives on, continue to work, continue to take she died to show it was that value. But you should be punished in the transfer risk, continue to produce and expand when it fell to $600, $700, the IRS said, ‘‘It is all ours, because it will take of that wealth into the next genera- the capital base of America, everything every acre of land to pay your 55 per- tion. The gentleman from Missouri that I work for, for the rest of my life, cent estate tax even after the exemp- knows this. I know this in the Midwest. is going to go off to the taxman to be tion.’’ They should know this all across redistributed among people across They forced the sale of every acre of America. America, and I can’t even give it to my land, and her home, where she had des- Mr. AKIN. I appreciate your yielding children. ignated specific bequests: I want you to for a moment, because what you are What does a rational person do in a have my china; I want you to have my talking about, I guess economists case like that? And I will submit to the crystal; I want you to have these beau- would say, there is sort of an economic gentleman from Missouri and the tiful pieces of furniture, you to have lot size. If you have a farm worth 2,000 Speaker that a rational person would the table. acres, that may be viable; but if you come to the conclusion that it didn’t Well, we got a cry from her imme- have to sell off 55 percent of your land, pay to continue to produce once you diate family, ‘‘Please come, because 55 percent of your tractors or your reach the level that you could take the public is coming to this auction. combines or your equipment, and then care of yourself for the rest of your The IRS is auctioning every single you divide it across several siblings, it life, because you couldn’t pass it along item from her home.’’ won’t work anymore. to the next generation. That destroys I was one of a number of family mem- So what you have done is not only the American dream, and it blows the bers, and we had an agreement between have you taken away something that entire thing up. ourselves: If the individuals that she was part of the dream that somebody I see my friend, the Judge and the had specifically bequested things to saved all their life to pass on to their gentleman from Texas, who concluded were able to bid, we let them bid on kids; we are saying we are going to that legislating from the bench was the those things and stayed back. punish people who want to pass things wrong thing, and coming to Congress on to their kids. That is not the Amer- to legislate from here is the right b 2350 ican dream. That is killing the Amer- thing. And I yield to the gentleman But it was heartbreaking to see item ican dream. from Texas. that Aunt Lilly loved after item she Now, you raised another thing, and I Mr. GOHMERT. I appreciate my loved being bought by the general pub- would like to talk about this. I have friend from Iowa yielding. In fact, ex- lic who had come with lots of money to heard people, talk show hosts and oth- actly what you are talking about was a take aunt Lilly’s things, all because a ers, talking about this, and I feel like real-life case in my extended family. greedy Congress couldn’t care less that they are not approaching it from the There was a great aunt, predeceased by they took every acre, they took her right way. You are talking about class her husband. They had 2,500 acres in homeplace, and her heir that was envy, and it is always the upper class south Texas. It had been built up over willed the home had to buy her home. and the middle class and the lower a number of generations, over 100 That is the IRS, and, of course, the IRS class, and, ‘‘I am for the middle class.’’ years. They have done exactly what is nothing more than the designee of And it is all this class, class, class you are talking about. They worked. this Congress to go steal things from stuff. And I feel like saying: Stop. Wait And, by the sweat of their brow and all people, and we make it all legal by just a minute. I thought America was a the sweat equity, scraping together what we pass here. classless society. I thought America money, they kept accumulating land Morally, it is not right what we do in was a place where you could come here and would pass that on. taking people’s property, in prying dirt poor, end up as a millionaire, and Well, along comes a greedy Congress their wallet from the dead carcass of nobody really made a whole bunch of that decides: When you are dead, we someone because we can, because we stuff about that. They didn’t tag you are going to do as our friend TED POE have that power. It is not right. with, you can’t go to dinner at some- has talked about happened in a case I can tell you, in my immediate fam- body’s house because you are not the tried in his court where a guy died in ily I will never be affected by the es- right class. That is the way it is in Eu- an accident, and a thief came in and tate tax. Not in my immediate family

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00161 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.207 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8516 CONGRESSIONAL RECORD — HOUSE December 15, 2010 I won’t be. But I know as a moral fac- amount of their equity. Actually, these come up with the capital to invest it. tor, it is wrong. It is just wrong. It is are the goods things about this pro- But most of this on the other side, incentive killing. posal. most capital investments are 10 or 15- And speaking of Congress and the But the bad things are this: That the year returns on investment. things we do, you know, we may be unemployment extensions that are So if you have got a 2-year extension voting as early as tomorrow on this so- there take it out to 99 weeks. We have and a tax increase on the other side of called tax extender bill. Leave it to gotten along for about three genera- that, it doesn’t release the capital in this Congress to figure out a way, when tions with 26 weeks of unemployment. such a way that it is going to create people across America have said, hey, We know that that bridges people over the jobs. So we don’t get anywhere people across America didn’t get a pay a seasonal job, it gives them half a near the kick out of this for our econ- raise. Social Security, they didn’t get a year to find a job. And when you look omy that some of the economists say pay raise. They got no COLA. You guys at the time that people that are on un- that we do. And the day will come at don’t get any COLA, you don’t get a employment spend to search for a job, the end of these 2 years, we are in the pay raise. And this Congress, the it is about 20 minutes a day in the first middle then of a presidential race, con- Democratic majority said, you are weeks of their unemployment, and as gressional races, House and the Senate, right, we are not going to get a pay that unemployment winds down into and the debate then engages again, do raise. We hear you. We are not going to the 26th week, it is about 70 minutes a we do President Obama’s Keynesian ec- get a pay raise. day that they spend looking for a job. onomics on steroids, do we continue But, you know what? In this tax ex- They are far more likely to find a job and add to the $3 trillion in wasteful tender bill we are going to cut 2 per- the first week after their unemploy- spending that has come from that? And cent off the Social Security tax. In ment runs out than they are to find a they are going to say, well, we gave other words, we are going to give our- job in the first week that their unem- you your tax model for 2 years and it selves well over a $2,000 raise next year ployment starts. didn’t work. Therefore, we need to go if this thing passes. I mean, how inge- So there is a huge transfer of wealth back to spending money like Morgen- nious was it for this Congress to come that takes place there, paid for out of thau admitted was wrong. up with a way to get a pay raise, when borrowed money that comes from the I yield to the gentleman from Mis- we promised people we weren’t going to Chinese, the interest and principal that souri. I see we have 3 minutes left. do that this year? is dumped on our children, and that is Mr. AKIN. I appreciate your yielding. Mr. KING of Iowa. Well, I thank the about $56.5 billion that accumulated Certainly I think the point that you gentleman from Texas. there. have said eloquently I tried to make Reclaiming my time, I look at the Then we have about $40 billion with earlier tonight, and that is what you configuration of this proposal that is the transfer payments. These transfer are looking at here is not the Repub- coming to the floor tomorrow and I am payments come in the form of refund- lican solution. It is not a good eco- troubled by it. There are some good able tax credits. Refundable tax credits nomic solution. It is not a good moral things in it. is money that goes off budget, 100 per- solution. It is something that is a To ensure that the current tax brack- cent of it is borrowed, and a lot of it Christmas-New Year’s solution on ets can run for 2 years, that is a good from the Chinese, that pays people that something that people have seen for 3 thing. It is not as good as it needs to are do not have a tax liability for the or 4 years coming along, plenty of be. It mitigates the damage of the in- child care tax credit that is there and time, if we really wanted to deal with crease that is impending in the death about two other credits that transfer it. tax, but it doesn’t address and fix the wealth. The other thing is that all of the dis- problem. It just makes it less egre- You add this up, that is about $40 bil- cussion that I hear is so amazingly ob- gious. So those are the good things lion in that category, and $56.5 billion lique to what we should be thinking. It about it. in the other category. So we are in the is all about, well, does the middle-class I am one who supports the credits for area of $101 billion or $102 billion in guy get more? Does the rich guy get ethanol and biodiesel. I could make transfer of wealth, before you get to more? Does the poor guy get more? It that argument, and it is not a bumper the pay control component this, which is not about that. It is about America. sticker argument. But the Federal troubles me. It is about the fact that we have got an Government has said we want you to They lower the payroll tax by 2 per- economic recession going. It is about invest your private sector capital in cent on the employee side, but not on the fact that we want the American producing renewable fuels, and if you the employer side, which distorts the dream to have some fresh life breathed will do that, we will make sure there is equation of a dollar out of the em- into it and economic policies that don’t enough there to get you started. ployee, a dollar out of the employer. rip people off. It is about the fact that Well, they invested, at least in my And most of us see this as that is all socialism is theft. It is not a legitimate district, 3 years in a row over $1 billion money that is earned by the employee. function under the Constitution or the in renewable energy, and now we are As an employer, I will make that case. government. It is about the fact that looking at that rug being jerked out But when you distort the equation, we want the government to be the serv- from underneath the people that trust- then you are presuming that the em- ant and not the master. ed the Federal Government. We may or ployer is making money and the em- It is the time now for us to blow the may not agree on that policy here, but ployee is not, and the favor goes to the whistle and say, enough already. It is I think the government needs to be employee side of this. It will take time to get back to the system that consistent. awhile for economics to balance that was designed by our forefathers, and But in any case, here is what we are one out. not this endless class warfare gibberish really looking at: We need to make the But in the end, we have a 2-year ex- which misses the fact that we are USA current tax structures permanent. We tension of current tax structure for Americans. need to eliminate and abolish the death personal income tax, which if you Mr. KING of Iowa. Reclaiming my tax, because it is an immoral tax. think about it from a business perspec- time, we have the 87 freshmen Repub- And into this bargain, what do we tive, if you have a business plan and a licans and however many Democrats get? We get an increase in the death business model and you are going to in- are coming here who are the cavalry tax that goes from zero on up to a $1 vest capital in order to try to get a re- coming over the hill, and we ask them million exemption with a 35 percent turn on that capital, which means to bring the freshness of their convic- tax, and that ax that is hanging over make some money, and in the process tions here and weigh in. I believe they the head instead is a $1 million exemp- of doing that you create jobs, if you need an opportunity to weigh in on this tion and 55 percent. have a business model that has a 2-year tax policy. The current tax is zero. George ROI, return on investment, if you have I yield to the gentleman from Texas. Steinbrenner’s heirs paid zero in death got that kind of a business model, you Mr. GOHMERT. One of the things tax, and those who pass away in this have already invested that as fast as about this 13 months of unemployment year pay zero, no matter what the you could come up with the idea and insurance is that if people haven’t

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00162 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.209 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8517 found a job already, rather than pay Mr. YARMUTH, for 5 minutes, today. SENATE ENROLLED BILLS SIGNED them not to work for over a year, train Ms. KAPTUR, for 5 minutes, today. The Speaker announced her signa- them to do a different job where there Mr. DEFAZIO, for 5 minutes, today. ture to enrolled bills of the Senate of Ms. WOOLSEY, for 5 minutes, today. are jobs. That is the more caring thing the following titles: to do. (The following Member (at his re- quest) to revise and extend his remarks S. 1275. An act to establish a National And one more comment about the Foundation on Physical Fitness and Sports tax policy that took all of my great and include extraneous material:) to carry out activities to support and supple- aunt’s land. I bought at the auction her Mr. OLSON, for 5 minutes, today. ment the mission of the President’s Council on Physical Fitness and Sports. music box that was a church that f played Amazing Grace. At the end of S. 1448. An act to amend the Act of August the auction, most everybody had left, SENATE BILL REFERRED 9, 1955, to authorize the Coquille Indian and the observation I had is there was Tribe, the Confederated Tribes of Siletz Indi- A bill of the Senate of the following ans, the Confederated Tribes of the Coos, nothing amazing or graceful about that title was taken from the Speaker’s Lower Umpqua, and Siuslaw, the Klamath policy. table and, under the rule, referred as Tribes, and the Burns Paiute Tribe to obtain Mr. KING of Iowa. I thank the gen- follows: 99-year lease authority for trust land. tleman from Texas and the Speaker for S. 1609. An act to authorize a single fish- his indulgence. S. 4005. An act to amend title 28, United eries cooperative for the Bering Sea Aleutian States Code, to prevent the proceeds or in- f Islands longline catcher processor subsector, strumentalities of foreign crime located in and for other purposes. LEAVE OF ABSENCE the United States from being shielded from S. 2906. An act to amend the Act of August By unanimous consent, leave of ab- foreign forfeiture proceedings; to the Com- 9, 1955, to modify a provision relating to mittee on the Judiciary. sence was granted to: leases involving certain Indian tribes. Mr. DAVIS of Illinois (at the request S. 3794. An act to amend chapter 5 of title f 40, United States Code, to include organiza- of Mr. HOYER) for today. tions whose membership comprises substan- Ms. WOOLSEY (at the request of Mr. ENROLLED BILLS SIGNED tially veterans as recipient organizations for HOYER) for today. Lorraine C. Miller, Clerk of the the donation of Federal surplus personal f House, reported and found truly en- property through State Agencies. SPECIAL ORDERS GRANTED rolled bills of the House of the fol- S. 3984. An act to amend and extend the lowing titles, which were thereupon Museum and Library Services Act, and for By unanimous consent, permission to other purposes. address the House, following the legis- signed by the Speaker: lative program and any special orders H.R. 1061. An act to transfer certain land f heretofore entered, was granted to: to the United States to be held in trust for (The following Members (at the re- the Hoh Indian Tribe, to place land into ADJOURNMENT trust for the Hoh Indian Tribe, and for other quest of Mr. FRANK of Massachusetts) Mr. KING of Iowa. Mr. Speaker, I purposes. to revise and extend their remarks and H.R. 6278. An act to amend the National move that the House do now adjourn. include extraneous material:) Children’s Island Act of 1995 to expand allow- The motion was agreed to; accord- Mr. FRANK of Massachusetts, for 5 able uses for Kingman and Heritage Islands ingly (at midnight), the House ad- minutes, today. by the District of Columbia, and for other journed until today, Thursday, Decem- Mr. CONYERS, for 5 minutes, today.h purposes. ber 16, 2010, at 10 a.m. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 6517, the Omnibus Trade Act of 2010, as amended, for printing in the CONGRESSIONAL RECORD. CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 6517, THE OMNIBUS TRADE ACT OF 2010, AS TRANSMITTED TO CBO ON DECEMBER 15, 2010

Millions of dollars, by fiscal year— 2011– 2011– 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go Impact ...... 813 1,104 347 112 ¥2,449 2,482 0 0 0 ¥2,433 ¥73 ¥24 Note: Components may not sum to totals because of rounding. Source: Congressional Budget Office and the Joint Committeeh on Taxation. EXECUTIVE COMMUNICATIONS, 10898. A letter from the Secretary, Depart- Toward Promulgating Final Regulations for ETC. ment of Defense, transmitting a letter of no- the Menu and Vending Machine Labeling tification that the Department of the Navy Provisions of the Patient Protection and Af- Under clause 2 of rule XIV, executive intends to expend funds to design the OHIO fordable Care Act of 2010, pursuant to Public communications were taken from the Replacement SSBN with the flexibility to Law 111-148, section 4205; to the Committee Speaker’s table and referred as follows: accommodate female crew; to the Committee on Energy and Commerce. on Armed Services. 10896. A letter from the Director — Na- 10902. A letter from the Director, Regu- 10899. A letter from the Legal Information latory Management Division, Environmental tional Institute of Food and Agriculture, De- Assistant, Department of the Treasury, partment of Agriculture, transmitting the Protection Agency, transmitting the Agen- transmitting the Department’s final rule — cy’s final rule — Approval and Promulgation Department’s final rule — Competitive and Community Reinvestment Act Regulations Noncompetitive Nonformula Federal Assist- of Implementation Plans; Georgia: Stage II [Docket ID: OTS-2010-0023] (RIN: 1550-AC35) Vapor Recovery [EPA-R04-OAR-2007-0113- ance Programs — Administrative Provisions received November 19, 2010, pursuant to 5 for the Sun Grant Program (0524-AA64) re- 201016(a); FRL-9234-4] received November 30, U.S.C. 801(a)(1)(A); to the Committee on Fi- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived November 29, 2010, pursuant to 5 nancial Services. U.S.C. 801(a)(1)(A); to the Committee on Ag- 10900. A letter from the Chairman and Committee on Energy and Commerce. riculture. President, Export-Import Bank, transmit- 10903. A letter from the Director, Regu- 10897. A letter from the Director, Regu- ting a report on transactions involving U.S. latory Management Division, Environmental latory Management Division, Environmental exports to Indonesia pursuant to Section Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- 2(b)(3) of the Export-Import Bank Act of 1945, cy’s final rule — Approval and Promulgation cy’s final rule — Spiroxamine; Pesticide Tol- as amended; to the Committee on Financial of Implementation Plans; Extension of At- erances [EPA-HQ-OPP-2010-0136; FRL-8850-9] Services. tainment Date for the Atlanta, Georgia 1997 received November 30, 2010, pursuant to 5 10901. A letter from the Secretary, Depart- 8-Hour Ozone Moderate Nonattainment U.S.C. 801(a)(1)(A); to the Committee on Ag- ment of Health and Human Services, trans- Area[EPA-R04-OAR-2010-0614-201055; FRL- riculture. mitting first quarterly report on Progress 9234-2] received November 30, 2010, pursuant

VerDate Mar 15 2010 07:46 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00163 Fmt 4634 Sfmt 0634 E:\CR\FM\K15DE7.210 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8518 CONGRESSIONAL RECORD — HOUSE December 15, 2010 to 5 U.S.C. 801(a)(1)(A); to the Committee on cancies Reform Act of 1998; to the Com- Authority’s Performance and Accountability Energy and Commerce. mittee on Oversight and Government Re- Report for Fiscal Year 2010; to the Com- 10904. A letter from the Director, Regu- form. mittee on Oversight and Government Re- latory Management Division, Environmental 10915. A letter from the Chief Human Cap- form. Protection Agency, transmitting the Agen- ital Officer, Department of Energy, trans- 10930. A letter from the General Counsel, cy’s final rule — Regulation of Fuels and mitting a report pursuant to the Federal Va- Federal Retirement Thrift Investment Fuel Additives: 2011 Renewable Fuel Stand- cancies Reform Act of 1998; to the Com- Board, transmitting the Board’s final rule — ards [EPA-HQ-OAR-2010-0133; FRL-9234-6] mittee on Oversight and Government Re- Correction of Administrative Errors [Billing (RIN: 2010-AQ16) received November 30, 2010, form. Code 6760-01-P] receivedNovember 29, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 10916. A letter from the Chief Human Cap- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Energy and Commerce. ital Officer, Department of Energy, trans- mittee on Oversight and Government Re- 10905. A letter from the Director, Regu- mitting a report pursuant to the Federal Va- form. latory Management Division, Environmental cancies Reform Act of 1998; to the Com- 10931. A letter from the Acting General Protection Agency, transmitting the Agen- mittee on Oversight and Government Re- Counsel, National Labor Relations Board, cy’s final rule — Mandatory Reporting of form. transmitting the Board’s semiannual report Greenhouse Gases [EPA-HQ-OAR-2008-0508; 10917. A letter from the Chief Human Cap- from the office of the Inspector General for FRL-9234-7] (RIN: 2060-AQ33) received No- ital Officer, Department of Energy, trans- the period April 1, 2010 through September vember 30, 2010, pursuant to 5 U.S.C. mitting a report pursuant to the Federal Va- 30, 2010, pursuant to Section 5(b) of the In- 801(a)(1)(A); to the Committee on Energy and cancies Reform Act of 1998; to the Com- spector General Act of 1978; to the Com- Commerce. mittee on Oversight and Government Re- mittee on Oversight and Government Re- 10906. A letter from the Chief of Staff, form. form. Media Bureau, Federal Communications 10918. A letter from the Chief Human Cap- 10932. A letter from the Director, Office of Commission, transmitting the Commission’s ital Officer, Department of Energy, trans- Personnel Management, transmitting the Of- final rule — Amendment of Section 73.202(b) mitting a report pursuant to the Federal Va- fice’s semiannual report from the office of Table of Allotments, FM Broadcast Stations. cancies Reform Act of 1998; to the Com- the Inspector General and the Management (Custer and Onekama, Michigan) [MB Dock- mittee on Oversight and Government Re- Response for the period April 1, 2010 through et No.: 08-86) received November 29, 2010, pur- form. September 30, 2010, pursuant to 5 U.S.C. app. 10919. A letter from the Chief Human Cap- suant to 5 U.S.C. 801(a)(1)(A); to the Com- (Insp. Gen. Act) section 5(b); to the Com- ital Officer, Department of Energy, trans- mittee on Energy and Commerce. mittee on Oversight and Government Re- mitting a report pursuant to the Federal Va- 10907. A letter from the Director, Office of form. cancies Reform Act of 1998; to the Com- Congressional Affairs, Nuclear Regulatory 10933. A letter from the Commissioner, So- mittee on Oversight and Government Re- Agency, transmitting the Commission’s final cial Security Administration, transmitting form. the Administration’s report for fiscal year rule — Withdrawl of Regulatory Guide 1.39 10920. A letter from the Chief Human Cap- 2010 on competitive sourcing efforts as re- [NRC-2010-0354] received November 29, 2010, ital Officer, Department of Energy, trans- quired by Section 647(b) of Division F of the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting a report pursuant to the Federal Va- Consolidated Appropriations Act, 2004, Pub. mittee on Energy and Commerce. cancies Reform Act of 1998; to the Com- 10908. A letter from the Deputy Director, L. 108-199; to the Committee on Oversight mittee on Oversight and Government Re- Defense Security Cooperation Agency, trans- and Government Reform. form. 10934. A letter from the Acting Principal mitting Transmittal No. 10-72, pursuant to 10921. A letter from the Chief Human Cap- Deputy Assistant Secretary, Indian Affairs, the reporting requirements of Section ital Officer, Department of Energy, trans- Department of the Interior, transmitting no- 36(b)(1) of the Arms Export Control Act, as mitting a report pursuant to the Federal Va- tice that the Department proposes to restore amended; to the Committee on Foreign Af- cancies Reform Act of 1998; to the Com- funds to the Absentee-Shawnee Tribe of fairs. mittee on Oversight and Government Re- Oklahoma; to the Committee on Natural Re- 10909. A letter from the Special Assistant form. sources. to the President and Director, Office of Ad- 10922. A letter from the Chief Human Cap- 10935. A letter from the Program Analyst, ministration, transmitting the personnel re- ital Officer, Department of Energy, trans- Department of Transportation, transmitting port for personnel employed in the White mitting a report pursuant to the Federal Va- the Department’s final rule — Airworthiness House Office, the Executive Residence at the cancies Reform Act of 1998; to the Com- Directives; Eurocopter France (Eurocopter) White House, the Office of the Vice Presi- mittee on Oversight and Government Re- Model AS332C, L, L1, and L2 Helicopters dent, the Office of Policy Development, and form. [Docket No.: FAA-2010-0907; Directorate the Office of Administration for FY 2010, pur- 10923. A letter from the Acting Chief Identifier 2010-SW-044-AD; Amendment 39- suant to 3 U.S.C. 113; to the Committee on Human Capital Officer, Department of En- 16436; AD 2010-20-02] (RIN: 2120-AA64) received Oversight and Government Reform. ergy, transmitting a report pursuant to the November 19, 2010, pursuant to 5 U.S.C. 10910. A letter from the Administrator, Federal Vacancies Reform Act of 1998; to the 801(a)(1)(A); to the Committee on Transpor- Agency for International Development, Committee on Oversight and Government tation and Infrastructure. transmitting the semiannual report on the Reform. 10936. A letter from the Program Analyst, activities of the Inspector General for the pe- 10924. A letter from the Acting Chief Department of Transportation, transmitting riod ending September 30, 2010, pursuant to 5 Human Capital Officer, Department of En- the Department’s final rule — Airworthiness U.S.C. app. (Insp. Gen. Act) section 5(b); to ergy, transmitting a report pursuant to the Directives; PIAGGIO AERO INDUSTRIES the Committee on Oversight and Govern- Federal Vacancies Reform Act of 1998; to the S.p.A. Model PIAGGIO P-180 Airplanes ment Reform. Committee on Oversight and Government [Docket No.: FAA-2010-0778; Directorate 10911. A letter from the Chairman, Defense Reform. Identifier 2010-CE-034-AD; Amendment 39- Nuclear Facilities Safety Board, transmit- 10925. A letter from the Acting Chief 16490; AD 2010-23-01] (RIN: 2120-AA64) received ting the Board’s Performance and Account- Human Capital Officer, Department of En- November 19, 2010, pursuant to 5 U.S.C. ability Report for FY 2010, as required by the ergy, transmitting a report pursuant to the 801(a)(1)(A); to the Committee on Transpor- Government Performance and Results Act Federal Vacancies Reform Act of 1998; to the tation and Infrastructure. and the Accountability of Tax Dollars Act of Committee on Oversight and Government 10937. A letter from the Program Analyst, 2002; to the Committee on Oversight and Reform. Department of Transportation, transmitting Government Reform. 10926. A letter from the Acting Chief the Department’s final rule — Airworthiness 10912. A letter from the Director, Defense Human Capital Officer, Department of En- Directives; Austro Engine GmbH Model E4 Procurement and Acquisition Policy, De- ergy, transmitting a report pursuant to the Diesel Piston Engines [Docket No.: FAA- partment of Defense, transmitting the De- Federal Vacancies Reform Act of 1998; to the 2010-1055; Directorate Identifier 2010-NE-35- partment’s final rule — Defense Federal Ac- Committee on Oversight and Government AD; Amendment 39-16498; AD 2010-23-09] (RIN: quisition Regulation Supplement; Con- Reform. 2120-AA64) received November 19, 2010, pursu- tractor Insurance/Pension Review (DFARS 10927. A letter from the Acting Chief ant to 5 U.S.C. 801(a)(1)(A); to the Committee Case 2009-D025) (RIN: 0750-AG77) received No- Human Capital Officer, Department of En- on Transportation and Infrastructure. vember 19, 2010, pursuant to 5 U.S.C. ergy, transmitting a report pursuant to the 10938. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Oversight Federal Vacancies Reform Act of 1998; to the Department of Transportation, transmitting and Government Reform. Committee on Oversight and Government the Department’s final rule — Airworthiness 10913. A letter from the Chief Human Cap- Reform. Directives; Airbus Model A318, A319, A320, ital Officer, Department of Energy, trans- 10928. A letter from the Acting Chief and A321 Series Airplanes [Docket No.: FAA- mitting a report pursuant to the Federal Va- Human Capital Officer, Department of En- 2010-0279; Directorate Identifier 2009-NM-148- cancies Reform Act of 1998; to the Com- ergy, transmitting a report pursuant to the AD; Amendment 39-16496; AD 2010-23-07] (RIN: mittee on Oversight and Government Re- Federal Vacancies Reform Act of 1998; to the 2120-AA64) received November 19, 2010, pursu- form. Committee on Oversight and Government ant to 5 U.S.C. 801(a)(1)(A); to the Committee 10914. A letter from the Chief Human Cap- Reform. on Transportation and Infrastructure. ital Officer, Department of Energy, trans- 10929. A letter from the Chairman, Federal 10939. A letter from the Program Analyst, mitting a report pursuant to the Federal Va- Labor Relations Authority, transmitting the Department of Transportation, transmitting

VerDate Mar 15 2010 06:36 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00164 Fmt 4634 Sfmt 0634 E:\CR\FM\L15DE7.000 H15DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 15, 2010 CONGRESSIONAL RECORD — HOUSE H8519 the Department’s final rule — Airworthiness U.S.C. 801(a)(1)(A); to the Committee on to the Committees on the Budget, Appropria- Directives; Bombardier, Inc. Model DHC-8- Transportation and Infrastructure. tions, and Oversight and Government Re- 400 Series Airplanes [Docket No.: FAA-2010- 10947. A letter from the Program Analyst, form. Department of Transportation, transmitting 1041; Directorate Identifier 2010-NM-198-AD; f Amendment 39-16493; AD 2010-23-04] (RIN: the Department’s final rule — Airworthiness 2120-AA64) received November 19, 2010, pursu- Directives; Bombardier, Inc. Model CL-600- REPORTS OF COMMITTEES ON ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2C10 (Regional Jet Series 700, 701, & 702), PUBLIC BILLS AND RESOLUTIONS on Transportation and Infrastructure. Model CL-600-2D15 (Regional Jet Series 705), 10940. A letter from the Program Analyst, and Model CL-600-2D24 (Regional Jet Series Under clause 2 of rule XIII, reports of Department of Transportation, transmitting 900) Airplanes [Docket No.: FAA-2010-1106; committees were delivered to the Clerk the Department’s final rule — Airworthiness Directorate Identifier 2010-NM-237-AD; for printing and reference to the proper Directives; EADS CASA (Type Certificate Amendment 39-16508; AD 2010-23-19] (RIN: calendar, as follows: Previously Held by Construcciones 2120-AA64) received November 19, 2010, pursu- Ms. PINGREE of Maine: Committee on Aeronauticas, S.A.) Model CN-235, CN-235-100, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Rules. House Resolution 1764. Resolution CN-235-200, and CN-235-300 Airplanes, and on Transportation and Infrastructure. providing for consideration of the Senate Model C-295 Airplanes [Docket No.: FAA- 10948. A letter from the Program Analyst, amendment to the bill (H.R. 2965) to amend 2010-0640; Directorate Identifier 2009-NM-142- Department of Transportation, transmitting the Small Business Act with respect to the AD; Amendment 39-16494; AD 2010-23-05] (RIN: the Department’s final rule — Airworthiness Small Business Innovation Research Pro- 2120-AA64) received November 19, 2010, pursu- Directives; Airbus Model A380-800 Series Air- gram and the Small Business Technology ant to 5 U.S.C. 801(a)(1)(A); to the Committee planes [Docket No.: FAA-2010-1102; Direc- Transfer Program, and for other purposes on Transportation and Infrastructure. torate Identifier 2010-NM-016-AD; Amend- (Rept. 111–681). Referred to the House Cal- 10941. A letter from the Program Analyst, ment 39-16507; AD 2010-23-18] (RIN: 2120-AA64) endar. Department of Transportation, transmitting received November 19, 2010, pursuant to 5 Ms. SLAUGHTER: Committee on Rules. the Department’s final rule — Airworthiness U.S.C. 801(a)(1)(A); to the Committee on House Resolution 1766. Resolution Providing Directives; The Boeing Company Model 757 Transportation and Infrastructure. for consideration of the Senate amendment and 767 Airplanes [Docket No.: FAA-2010-1040; 10949. A letter from the Program Analyst, to the House amendment to the Senate Directorate Identifier 2010-NM-207-AD; Department of Transportation, transmitting amendment to the bill (H.R. 4853) to amend Amendment 39-16492; AD 2010-23-03] (RIN: the Department’s final rule — Airworthiness the Internal Revenue Code of 1986 to extend 2120-AA64) received November 19, 2010, pursu- Directives; Bombardier, Inc. Model BD-700- the funding and expenditure authority of the ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1A10 and BD-700-1A11 Airplanes [Docket No.: airport and Airway Trust Fund, to amend on Transportation and Infrastructure. FAA-2010-0548; Directorate Identifier 2010- title 49, United States Code, to extend au- 10942. A letter from the Program Analyst, NM-041-AD; Amendment 39-16497; AD 2010-23- thorizations for the airport improvement Department of Transportation, transmitting 08] (RIN: 2120-AA64) received November 19, program, and for other purposes (Rept. 111– the Department’s final rule — Airworthiness 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 682). Referred to the House Calendar. Directives; McDonnell Douglas Corporation Committee on Transportation and Infra- Model DC-9-14, DC-9-15, and DC-9-15F Air- structure. f planes; and Model DC-9-20, DC-9-30, DC-9-40, 10950. A letter from the Deputy Assistant PUBLIC BILLS AND RESOLUTIONS and DC-9-50 Series [Docket No.: FAA-2010- General Counsel for Regulation, Department 0705; Directorate Identifier 2009-NM-206-AD; of Transportation, transmitting the Depart- Under clause 2 of rule XII, public Amendment 39-16499; AD 2010-23-10] (RIN: ment’s final rule — Relocation of Standard bills and resolutions of the following 2120-AA64) received November 19, 2010, pursu- Time Zone Boundary in the State of North titles were introduced and severally re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Dakota: Mercer County [OST Docket No.: ferred, as follows: on Transportation and Infrastructure. OST-2010-0046] received November 19, 2010, 10943. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mrs. BACHMANN (for herself, Mr. Department of Transportation, transmitting mittee on Transportation and Infrastruc- GOHMERT, Mr. KINGSTON, Mr. MAN- the Department’s final rule — Airworthiness ture. ZULLO, Mr. AKIN, Mr. GARRETT of New Directives; Airbus Model A330-201, -202, -203, 10951. A letter from the Assistant Chief Jersey, Mr. KING of Iowa, Mr. BUR- -223, -223F, -243, and -243F Airplanes, Model Counsel for General Law, Department of GESS, Mr. LATTA, and Mr. BILIRAKIS): A330-300 Series Airplanes, and Model A340- Transportation, transmitting the Depart- H.R. 6522. A bill to prevent pending tax in- 200, A340-300, A340-500, and A340-600 Series ment’s final rule — Pipeline Safety: Updates creases and to permanently repeal estate and Airplanes [Docket No.: FAA-2010-0675; Direc- to Pipeline and Liquefied Natural Gas Re- gift taxes, and for other purposes; to the torate Identifier 2010-NM-061-AD; Amend- porting Requirements [Docket No.: PHMSA- Committee on Ways and Means. ment 39-16501; AD 2010-23-12] (RIN: 2120-AA64) 2008-0291; Amdt. Nos. 191-21; 192-115; 193-23; By Mr. SKELTON: received November 19, 2010, pursuant to 5 and 195-95] (RIN: 2137-AE33) received Novem- H.R. 6523. A bill to authorize appropria- U.S.C. 801(a)(1)(A); to the Committee on ber 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); tions for fiscal year 2011 for military activi- Transportation and Infrastructure. to the Committee on Transportation and In- ties of the Department of Defense, for mili- 10944. A letter from the Program Analyst, frastructure. tary construction, and for defense activities Department of Transportation, transmitting 10952. A letter from the Senior Program of the Department of Energy, to prescribe the Department’s final rule — Airworthiness Analyst, Department of Transportation, military personnel strengths for such fiscal Directives; Empresa Brasileira de transmitting the Department’s final rule — year, and for other purposes; to the Com- Aeronautica S.A. (EMBRAER) Model EMB- Aging Airplane Program: Widespread Fa- mittee on Armed Services, and in addition to 500 [Docket No.: FAA-2010-0870; Directorate tigue Damage [Docket No.: FAA-2006-24281; the Committee on the Budget, for a period to Identifier 2010-CE-045-AD; Amendment 39- Amendment Nos. 25-132, 26-5, 121-351, 129-48] be subsequently determined by the Speaker, 16505; AD 2010-23-16] (RIN: 2120-AA64) received (RIN: 2120-AI05) received November 19, 2010, in each case for consideration of such provi- November 19, 2010, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sions as fall within the jurisdiction of the 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- committee concerned. tation and Infrastructure. ture. By Mr. BRADY of Pennsylvania (for 10945. A letter from the Program Analyst, 10953. A letter from the Chief, Publications himself and Mr. YOUNG of Alaska): Department of Transportation, transmitting and Regulations Branch, Internal Revenue H.R. 6524. A bill to authorize issuance of the Department’s final rule — Airworthiness Service, transmitting the Service’s final rule certificates of documentation authorizing Directives; Bombardier, Inc. Model CL-600- — Guidance on Pre-Approved Individual Re- certain vessels to engage in coastwise trade 2C10 (Regional Jet Series 700, 701, & 702), CL- tirement Arrangements (IRAs) (Rev. Proc. in the carriage of natural gas, and for other 600-2D15 (Regional Jet Series 705), and CL- 2010-48) received November 29, 2010, pursuant purposes; to the Committee on Transpor- 600-2D24 (Regional Jet Series 900) Airplanes to 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. [Docket No.: FAA-2010-0700; Directorate Ways and Means. By Mrs. KIRKPATRICK of Arizona: Identifier 2010-NM-123-AD; Amendment 39- 10954. A letter from the Secretary, Depart- H.R. 6525. A bill to provide for development 16500; AD 2010-23-11] (RIN: 2120-AA64) received ment of Transportation, transmitting a re- of the Former Bennett Freeze Area, to con- November 19, 2010, pursuant to 5 U.S.C. port entitled ‘‘The Transportation of Haz- tribute to the rehabilitation of the eco- 801(a)(1)(A); to the Committee on Transpor- ardous Materials: Insurance, Security, and nomic, housing, infrastructure, health, and tation and Infrastructure. Safety Costs’’; jointly to the Committees on educational condition of those affected by 10946. A letter from the Program Analyst, Transportation and Infrastructure and the former Bennett Freeze, and for other Department of Transportation, transmitting Homeland Security. purposes; to the Committee on Natural Re- the Department’s final rule — Airworthiness 10955. A letter from the Director, Office of sources, and in addition to the Committee on Directives; The Boeing Company Model 757 Management and Budget, transmitting a re- Financial Services, for a period to be subse- Airplanes [Docket No.: FAA-2010-0483; Direc- port identifying accounts containing quently determined by the Speaker, in each torate Identifier 2010-NM-065-AD; Amend- unvouchered expenditures that are poten- case for consideration of such provisions as ment 39-16502; AD 2010-23-13] (RIN: 2120-AA64) tially subject to audit by the Comptroller fall within the jurisdiction of the committee received November 19, 2010, pursuant to 5 General, pursuant to 31 U.S.C. 3524(b); jointly concerned.

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By Mr. POSEY (for himself, Mr. OLSON, By Ms. BALDWIN (for herself, Mr. H.R. 4959: Mr. LIPINSKI. Mr. BRADY of Texas, Ms. FOXX, and KIND, Mr. PETRI, Mr. KAGEN, Ms. H.R. 5028: Ms. KILPATRICK of Michigan. Mr. PAUL): MOORE of Wisconsin, Mr. OBEY, Mr. H.R. 5434: Mr. TONKO. H.R. 6526. A bill to prohibit the payment of SENSENBRENNER, and Mr. RYAN of H.R. 5510: Mr. TOWNS, Ms. WOOLSEY, Ms. death gratuities to the surviving heirs of de- Wisconsin): CORRINE BROWN of Florida, and Mr. JACKSON ceased Members of Congress; to the Com- H. Res. 1767. A resolution commending the of Illinois. mittee on House Administration. Wisconsin Badger football team for an out- H.R. 5535: Mr. BRADY of Texas. By Mr. WEINER: standing season and 2011 Rose Bowl bid; to H.R. 5597: Mr. LIPINSKI. H.J. Res. 104. A joint resolution dis- the Committee on Education and Labor. H.R. 6045: Ms. FUDGE. approving the issuance of a letter of offer By Mr. HASTINGS of Florida (for him- H.R. 6072: Mrs. CAPITO. with respect to a certain proposed sale of de- self, Ms. EDWARDS of Maryland, Ms. H.R. 6199: Mr. FATTAH, Ms. NORTON, and fense articles and defense services to the BORDALLO, Mr. MCGOVERN, Mr. JOHN- Ms. CLARKE. Kingdom of Saudi Arabia; to the Committee SON of Georgia, Mr. LEWIS of Georgia, H.R. 6458: Mr. MURPHY of Connecticut. on Foreign Affairs. Mr. VAN HOLLEN, Mr. HOLT, Mr. H.R. 6485: Mr. WALDEN. By Mr. GARY G. MILLER of Cali- CROWLEY, Mr. KING of New York, Mr. H.R. 6494: Ms. BALDWIN and Mr. CONAWAY. fornia: PITTS, Mr. HALL of New York, Mr. H.R. 6520: Ms. WASSERMAN SCHULTZ, Mr. H. Con. Res. 334. Concurrent resolution ex- CAO, Mr. SCHOCK, Mr. MORAN of Vir- NADLER of New York, Ms. BALDWIN, Mr. pressing the sense of the Congress that the ginia, Mr. OLVER, and Mr. WOLF): GARAMENDI, Mrs. CAPPS, Mr. FATTAH, Mr. current Federal income tax deduction for in- H. Res. 1768. A resolution welcoming the LEVIN, Ms. CHU, Mr. QUIGLEY, Mr. LARSEN of terest paid on debt secured by a first or sec- release of Burmese democracy leader and Washington, Mr. POLIS, Mrs. DAVIS of Cali- ond home should not be further restricted; to Nobel Peace Prize Laureate Aung San Suu fornia, Mr. DINGELL, Mr. FRANK of Massachu- the Committee on Ways and Means. Kyi on November 13, 2010, and calling for a setts, Mr. HASTINGS of Florida, Mr. SESTAK, By Ms. ROS-LEHTINEN: continued focus on securing the release of all Mr. ANDREWS, Mr. HOLT, Mr. JOHNSON of H. Res. 1763. A resolution directing the political prisoners and prisoners of con- Georgia, Mr. DOYLE, Ms. WOOLSEY, Mr. Secretary of State to transmit to the House science in Burma; to the Committee on For- MEEKS of New York, Ms. PINGREE of Maine, of Representatives copies of all classified De- eign Affairs, and in addition to the Commit- Ms. LEE of California, Ms. NORTON, Mr. partment of State documents assessed by the tees on Ways and Means, and the Judiciary, ELLISON, Mr. PALLONE, Ms. HARMAN, Mr. Department to have been unlawfully dis- for a period to be subsequently determined LANGEVIN, Mr. ACKERMAN, Mr. PRICE of closed and provided to WikiLeaks and public by the Speaker, in each case for consider- North Carolina, Mr. GEORGE MILLER of Cali- press outlets; to the Committee on Foreign ation of such provisions as fall within the ju- fornia, Ms. SCHWARTZ, Mr. MCGOVERN, Mr. Affairs. risdiction of the committee concerned. ISRAEL, Mr. SMITH of Washington, Ms. ROY- By Mr. BERMAN (for himself, Mr. POE By Mr. ROHRABACHER (for himself BAL-ALLARD, Ms. LINDA T. SA´ NCHEZ of Cali- of Texas, Ms. BERKLEY, Ms. ROS- and Mr. KING of Iowa): fornia, Mr. WU, Mr. KLEIN of Florida, Mr. LEHTINEN, Mr. ACKERMAN, Mr. BUR- H. Res. 1769. A resolution expressing the TOWNS, Mr. GRIJALVA, Mr. BLUMENAUER, Mr. TON of Indiana, Mr. DEUTCH, Mr. sense of the House of Representatives that in STARK, Mr. CROWLEY, Ms. BERKLEY, Mr. HALL PENCE, Mr. CROWLEY, Mrs. MCMORRIS order to undermine the Taliban and their of New York, Mr. HINCHEY, Mr. WELCH, Ms. RODGERS, Mr. MCMAHON, Mr. GAR- terrorist allies, the policy of the United SCHAKOWSKY, Ms. VELA´ ZQUEZ, Mr. FILNER, RETT of New Jersey, Mr. WAXMAN, States should support the recognition of Af- Ms. KILROY, Mr. CAPUANO, Mr. SHERMAN, Ms. Mr. TIM MURPHY of Pennsylvania, ghanistan’s ethnic diversity, promoting mu- SUTTON, Ms. SLAUGHTER, Mr. WAXMAN, Mr. Mr. NADLER of New York, Mr. SHER- tual respect between various communities SCHIFF, Mr. LOEBSACK, Mr. PETERS, Ms. MAN, Mr. SCHIFF, Mr. ENGEL, Mr. and regions of the country and bringing de- ESHOO, Mr. ENGEL, Mr. HONDA, Mr. ISRAEL, Mr. LAMBORN, Mr. CAMPBELL, mocracy closer to the people of Afghanistan COURTNEY, Ms. SHEA-PORTER, Mr. WEINER, Mr. BILIRAKIS, Ms. FOXX, Mrs. by supporting constitutional change that Mr. LEWIS of Georgia, Ms. ZOE LOFGREN of BLACKBURN, Mr. GENE GREEN of recognizes and enables a democratic, decen- California, Mr. COHEN, Mrs. LOWEY, Ms. Texas, Mr. LOBIONDO, Ms. GRANGER, tralized, federal structure to replace the HIRONO, Mr. BISHOP of New York, Mr. REYES, Mr. MACK, Mr. KING of New York, Mr. present failed centralized system of govern- Mr. CLYBURN, Ms. JACKSON LEE of Texas, and BUCHANAN, Ms. SCHAKOWSKY, Mrs. ment, providing a political structure that re- Ms. LORETTA SANCHEZ of California. LOWEY, Mr. COSTA, Mr. KLEIN of Flor- flects the diversity of the country and that H.R. 6521: Mrs. BIGGERT. ida, Mr. SIRES, Mr. ROTHMAN of New builds trust and goodwill among Afghani- H.J. Res. 97: Mrs. BACHMANN. Jersey, Mr. SCHAUER, Mr. WEINER, stan’s many communities; to the Committee H. Res. 764: Mr. PETERS and Ms. TSONGAS. Mr. MCCOTTER, Mr. ROGERS of Ala- on Foreign Affairs. H. Res. 1355: Ms. ZOE LOFGREN of Cali- bama, Mrs. CAPITO, Mr. MCCLINTOCK, f fornia. Mr. KING of Iowa, Mr. WOLF, Mr. H. Res. 1377: Mr. WAXMAN, Ms. WOOLSEY, HENSARLING, Mr. QUIGLEY, Mr. ROE of ADDITIONAL SPONSORS Mr. COSTA, Ms. SPEIER, Mr. SCHIFF, Ms. ´ Tennessee, Mr. SCALISE, Mr. LANCE, Under clause 7 of rule XII, sponsors LINDA T. SANCHEZ of California, Mr. Mr. TIBERI, Mr. CULBERSON, Mrs. MCNERNEY, and Ms. HARMAN. SCHMIDT, Mr. ROSKAM, and Mr. ALEX- were added to public bills and resolu- H. Res. 1461: Mr. OLVER, Ms. MATSUI, Mr. ANDER): tions as follows: POSEY, Mr. LAMBORN, Mr. CARDOZA, Ms. H. Res. 1765. A resolution supporting a ne- H.R. 1616: Mr. HEINRICH. SPEIER, and Mr. NEAL. gotiated solution to the Israeli-Palestinian H.R. 2112: Mr. CHANDLER. H. Res. 1716: Mr. WOLF, Mr. LINCOLN DIAZ- conflict and condemning unilateral measures H.R. 3652: Mr. KLEIN of Florida. BALART of Florida, and Mr. LAMBORN. to declare or recognize a Palestinian state, H.R. 4278: Mr. MCCARTHY of California, Ms. H. Res. 1725: Mr. TANNER. and for other purposes; to the Committee on CORRINE BROWN of Florida, and Mr. LIPINSKI. H. Res. 1762: Mr. MORAN of Virginia and Mr. Foreign Affairs; considered and agreed to. H.R. 4866: Mr. LIPINSKI and Mr. FORBES. LEVIN.

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Vol. 156 WASHINGTON, WEDNESDAY, DECEMBER 15, 2010 No. 166 Senate The Senate met at 9:30 a.m. and was It is good to be able to talk to You, Earth. Great and marvelous are Your called to order by the Honorable TOM mighty God, whenever we desire. Your works; just and true are Your ways. UDALL, a Senator from the State of power astounds us. You heal the bro- Today, bless our Senators as they New Mexico. ken-hearted and bring comfort to those seek to do Your will. Give them PRAYER who are bruised. You decide the num- strength and encouragement by infus- The Chaplain, Dr. Barry C. Black, of- ber of stars, calling each one by name. ing them with Your peace that sur- fered the following prayer: You raise the humble, spread clouds passes all understanding. We pray in Let us pray: over the sky, and provide rain for the Your Holy Name. Amen.

NOTICE If the 111th Congress, 2d Session, adjourns sine die on or before December 23, 2010, a final issue of the Congres- sional Record for the 111th Congress, 2d Session, will be published on Wednesday, December 29, 2010, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 29. The final issue will be dated Wednesday, December 29, 2010, and will be delivered on Thursday, December 30, 2010. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

PLEDGE OF ALLEGIANCE APPOINTMENT OF ACTING U.S. SENATE, PRESIDENT PRO TEMPORE PRESIDENT PRO TEMPORE, The Honorable TOM UDALL led the Washington, DC, December 15, 2010. Pledge of Allegiance as follows: The PRESIDING OFFICER. The To the Senate: clerk will please read a communication Under the provisions of rule I, paragraph 3, I pledge allegiance to the Flag of the of the Standing Rules of the Senate, I hereby United States of America, and to the Repub- to the Senate from the President pro appoint the Honorable TOM UDALL, a Senator lic for which it stands, one nation under God, tempore (Mr. INOUYE). from the State of New Mexico, to perform indivisible, with liberty and justice for all. The assistant legislative clerk read the duties of the Chair. the following letter: DANIEL K. INOUYE, President pro tempore.

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

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But good fortune to serve here when John nized. it is clear, I have spoken on many occa- Glenn, a man we all know, one of f sions with the Republican leader, we America’s all-time great leaders. Ohio produces very good people, at least SCHEDULE are going to be in session this Sunday. There is work to do. We hope we can from my experience in the Senate— Mr. REID. Mr. President, following complete what we have to do a day or Senator Metzenbaum, and now the remarks of Senator MCCONNELL two after Saturday. We want to com- SHERROD BROWN with us. I will not run and myself, we will be in a period of plete the things I have just mentioned. through a list of everyone. morning business until 11 a.m. with We are going to have to have a vote on I certainly want the RECORD to re- Senators permitted to speak for up to the DREAM Act. We have the 9/11 flect, prior to Senator VOINOVICH’s 10 minutes each. At 10 o’clock this issue. We are working on nominations final speech today, how much I respect morning, Senator BAYH will deliver his to complete the work we need to do him as a legislator and as a person. I farewell remarks to the Senate, and at this Congress. appreciate his friendship and hope in 10:30 a.m. Senator VOINOVICH will de- Unless the House sends us something the years to come we can still work to- liver his. I spoke yesterday about Sen- I am not aware of at this stage, I think gether on issues for the country. ator BAYH and what an outstanding I have pretty well lined out what we f person he is and how much we will miss need to do. On nominations, the Repub- RECOGNITION OF THE MINORITY him. I will have something to say in a lican leader knows the President is LEADER few minutes about Senator VOINOVICH. very concerned about having somebody The ACTING PRESIDENT pro tem- At 11 a.m. today, the Senate will re- at the Attorney General’s Office. We pore. The Republican leader is recog- sume consideration of the House mes- need somebody to be second in com- nized. sage with respect to H.R. 4853, the vehi- mand. The Deputy there has been going cle for the tax compromise. There will a long time. There has been one Sen- f be 1 hour for debate prior to a series of ator holding that up, and we hope that OMNIBUS APPROPRIATIONS up to four rollcall votes. There will be matter can be resolved. The lands bill, Mr. MCCONNELL. Mr. President, yes- votes on three motions to suspend rule we are trying to work it out, and we terday Democratic leaders unveiled an XXII, and the last vote will be on the hope we can get that done. It is a bi- omnibus spending bill that some have motion to concur with the Reid- partisan bill. That is certainly pos- described as one last spending binge for McConnell amendment. sible. a Congress that will long be remem- Following this series of votes, the So we have a lot to do, and we need bered for doing just that. The Senate Senate will resume morning business everyone’s cooperation to get it done should reject it. until 2:15. At that time, we intend to so we can get out of here as quickly as It appeared to some of us we were move to executive session for the pur- we can. making good progress on the economy pose of considering the START treaty. f when lawmakers in both parties agreed Senators should expect a rollcall vote Monday to let taxpayers keep more of to proceed to executive session, and for TRIBUTES TO RETIRING SENATORS their own money. But yesterday Demo- the information of all Senators that is crats unveiled a 2,000-page spending bill simply a majority vote. GEORGE VOINOVICH that repeats all of the mistakes voters Following the vote to proceed to ex- Mr. REID. Mr. President, I wish to demanded that we put an end to on ecutive session, Senator LINCOLN will say a brief word about GEORGE election day. be recognized to deliver her farewell VOINOVICH. I have watched him for Americans told Democrats last speech to the Senate. Upon conclusion, many years. He has an outstanding month to stop what they have been the Senate will resume executive ses- record. He is a Senator from the State doing: bigger government, 2,000-page sion. of Ohio who came to Washington with bills jammed through on Christmas We have Christmas, which is a week as many credentials as anyone could Eve, wasteful spending. This bill is a from Saturday. We have a lot of things have: a member of the State legisla- monument to all three. It includes to do. I have talked about that before, ture, the Lieutenant Governor of the more than $1 billion to fund the Demo- but let me just briefly say again what State of Ohio, mayor of the city of cratic health care bill. For those of us we have to do. Cleveland, and now a U.S. Senator. He who have vowed to repeal it, this alone We are going to finish this tax bill has a wonderful family. is reason to oppose the omnibus. It is within the next couple of hours. It is a The thing GEORGE VOINOVICH brought being dropped on us with just a few tremendous accomplishment. Whether to Washington a lot of people don’t rec- days to go before the Christmas break, you agree with all of the contents of ognize because of his quiet manner is ensuring that no one in Congress has a the bill or not, everyone should under- his work ethic. He gets up very early chance to examine it thoroughly before stand this is one of the major accom- every morning and works on what is the vote, and ensuring Americans don’t plishments of any Congress where two necessary in the Senate. He studies the have a chance to see what is in it ei- parties, ideologically divided, have bills. He is aware of the issues that are ther. This, too, is reason enough to op- agreed on a major issue for the Amer- before the Senate on any given occa- pose it. ican people. It will go directly to the sion. Nothing gets past him. He always For 2 years Republicans have railed House of Representatives. They will is up to date on everything we are against the Democrats for rushing leg- take it up quickly. doing. islation through Congress, but this is, We are going to move to the START I haven’t agreed with Senator without a doubt, one of the worst treaty. I hope we can have a good, fair VOINOVICH on lots of different issues, abuses of the process yet. debate. No one needs to be jammed on but he has a quality that we all need to The voters made an unambiguous it. There is lots of time for people to do have: You never have to guess where he statement last month. They don’t like what needs to be done. If people want stands on an issue. He will always tell the wasteful spending, they don’t want to offer amendments, they can do that. you how he feels. That has been a tre- the Democratic health care bill, and This treaty has been around since April mendous help to me. There have been they don’t want lawmakers rushing or May. Even a slow reader could finish occasions when his vote has been so staggeringly complex, staggeringly ex- every word of that many different very important for, I believe, the Sen- pensive bills through Congress without

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For tion 1603, which is the Treasury grant era—for the first time in the modern many of our constituents who are program for renewable energy projects, era—Congress hasn’t passed a single struggling to make ends meet in the to convert tax credits for the produc- appropriations bill—not one, not one midst of this jobless economic recov- tion of renewable electricity into an single appropriations bill. Democrats ery, unemployment benefits have al- upfront investment tax credit, and to have been too focused on their own ready expired. Without action, on Jan- receive a grant in lieu of the invest- leftwing wish list to take care of the uary 1, those fortunate enough to have ment tax credit. Certainly, as we are very basic work of government. a job would see a significant drop in trying to move to renewable energy, Now, at the end of the session, they their paychecks as the middle-class tax that keeps that alive. It is badly need- want to roll all of these bills together, cuts enacted 10 years ago also expire, ed. But what it illustrates is that there along with anything else they haven’t with the effect that the taxes would be were some 20 to 25 Senators out here on gotten over the past 2 years, and rush going up all across the income spec- the floor yesterday who were talking it past the American people just the trum. about our commitment to roll up our way they jammed the health care bill So out of this stark reality facing us sleeves going into the next year, to try through Congress last Christmas. We on January 1, this is when people of to do something about the reduction of all remember being here every single good will have come together—people spending and, therefore, reduction of day throughout the month of December of good will who have different opin- the deficit, at the same time reforming last year for a 2,700-page health care ions, and who, as I said, have to swal- a Tax Code that has gotten so com- bill passed on Christmas Eve. This is low hard on some of the parts of this plicated and so fraught with special in- eerily reminiscent of the experience package. It is my intention, as we vote terest provisions that it is crying out last December, and I predict the Amer- in just a few hours, to vote for this for reform. One way or another, we are ican people have the same reaction to package. It does provide relief that is going to have to make it happen. I be- this bill as they did to the health care critical for middle-class families. lieve that what we are going to vote on bill a year ago. For example, for a family making this afternoon is the first step of a A more appropriate approach is $63,000 a year, if we didn’t pass this bill, badly needed effort toward restoring available to us. We could pass a sen- and the existing tax law expired, then trust and confidence and starting to sible, short-term continuing resolution that income level, a family earning get our economy moving again. that gets us into next year when the $63,000—their taxes would go up by I yield the floor. new Congress will have the opportunity $2,000. This bill prevents that. These The ACTING PRESIDENT pro tem- to make a determination on how best middle-class tax cuts are extended in pore. The Senator from Oklahoma is to spend the taxpayers’ money. The this legislation for a period of 2 years, recognized. government runs out of money, by the and that includes the 10-percent in- f come tax bracket, the $1,000 child tax way, this Saturday. Congress should ORDER OF PROCEDURE pass a short-term CR immediately. We credit, an increase in the standard de- need to pass this tax legislation we duction for married couples, and an ex- Mr. COBURN. Mr. President, our plan voted on earlier this week. And we pansion of the 15-percent tax bracket on our side was for me to have 15 min- should accomplish the most basic func- for married couples. The bill rewards utes. I ask unanimous consent that I tion of government. We can at least work by continuing provisions in the may share some of that time with Sen- vote to keep the lights on around here. 2009 Recovery Act that expanded the ator CHAMBLISS. I mean, the deadline for funding the ba- earned-income tax credit and the re- The ACTING PRESIDENT pro tem- sics of government was last October, fundable tax credit. pore. Without objection, it is so or- and here we are on December 15 pro- The bill also continues the tax credit dered. posing treaties—treaties. We ought to that allows taxpayers to claim a $2,500 f tax credit for all 4 years of their higher pass the tax legislation and keep the TAX EXTENDERS lights on. Everything else can wait. education. In my State of Florida, I yield the floor. 600,000 Florida taxpayers benefited Mr. COBURN. Mr. President, as we from that tax credit. look at the bill we are going to be vot- f It also has significant consequences ing on today, it is an interesting per- RESERVATION OF LEADER TIME for everybody across the board. For ex- spective if you are outside of America ample, without an extension of the un- looking at it. Here is what people are The ACTING PRESIDENT pro tem- employment benefits through this com- saying. You are going to stimulate the pore. Under the previous order, the ing year, 7 million unemployed workers economy with a 2-percent reduction in leadership time is reserved. would lose one of the last lifelines payroll taxes. You are not going to f available to them. This bill is going to raise income tax rates. Then you are going to spend another $136 billion. But MORNING BUSINESS breathe life into the private sector through a payroll tax reduction of 2 for all this you are going to borrow the The ACTING PRESIDENT pro tem- percent for 1 year. What that does is money. pore. Under the previous order, there put more money into people’s pockets, We spent 8 months on a deficit com- will be a period of morning business which they will then go out and spend. mission addressing the very real prob- until 11 a.m. with Senators permitted That spending will turn over in the lems that are about to become acute to speak for up to 10 minutes each. economy and that will produce jobs. for our country. I have no disregard for The Senator from Florida. The bill includes provisions of par- those who bring this bill to the floor. f ticular importance to my State. Our But to bring this bill to the floor with- State is one of six that does not have out the opportunity to cut wasteful TAX CUTS AND UNEMPLOYMENT an income tax. As you know, when you Washington spending to at least pay BENEFITS calculate your Federal income tax, you for the outflows that are going to come Mr. NELSON of Florida. Mr. Presi- can deduct your State income tax. For as a result of this bill, which will be dent, we are soon going to vote on the those six States, we finally got a provi- the $136.4 billion I mentioned—without bipartisan compromise on extending sion in 6 years ago—whereas we don’t an opportunity to at least make an ef- the expiring tax cuts and unemploy- have an income tax in Florida, we have fort for the American people to see we ment benefits. Although, as I described a State sales tax. We put that in, and understand that part of the waste and yesterday, it is a bitter pill to swallow that is a deductible item, comparable duplication and low priority items that because of the extended funding that to other States that have an income the Federal Government is presently

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We are all aware of the tepid, seem- This afternoon, or later this morn- I yield for Senator CHAMBLISS. ingly unstable economic recovery from ing, I will be offering an amendment The ACTING PRESIDENT pro tem- the financial crisis of the past few that will suspend the rule, including pore. The Senator from Georgia is rec- years. Raising taxes in the face of high any requirements for germaneness, and ognized. unemployment and volatile economic we will have a vote. We are going to Mr. CHAMBLISS. Mr. President, I times would injure what slow growth have an amendment that cuts $156 bil- rise to support the amendment offered our economy has, in fact, achieved. lion from the Federal Government to by my good friend from Oklahoma. However, despite almost unanimous pay for the $136 billion that is actually America is today at a crossroads—a support for extending the emergency going to go out the door in the next 11 crossroads where we have the oppor- unemployment insurance benefits, they or 12 months. It is not an easy vote. tunity as policymakers to go in the di- are still unpaid for in this legislation. But the world is going to be looking to rection that the people of America said If we cannot figure out a way to pay see if we get it. we should go in on November 2 or to for something that nearly everyone in Not only are the people in this coun- have the opportunity to go down the this body supports, how will we ever try disgusted with our actions, that we road of continuing to spend money by truly address our current spending and continue to borrow and steal and beg this body and the body across the Cap- debt levels? When will we turn and face from future generations, but the world itol, without paying for the money we the unavoidable hard choices? financial markets are going to see this. are spending. There is no better time than now. You saw the reaction of Erskine These amendments are pretty simple These amendments provide $46 billion Bowles and Alan Simpson, who worked and straightforward. What they say is in savings this year, and $156 billion 5 for 8 months trying to drive an issue to that we as policymakers have an obli- years. Much of the savings can be accom- get us back on course and create a fu- gation to listen to the people who sent plished by cleaning up our own house. ture for us that will allow us to control us here, listen to the people who said, Specifically, this amendment proposes our destiny rather than someone else by golly, we don’t like the way you are a congressional pay freeze and a 15-per- doing it. running the financial resources that we This is just a drop in the bucket— cent reduction in Congress’s budget; a send to Washington. And here we are, this amendment—to the waste, dupli- freeze on how much can be spent on the the minority leader, Senator MCCON- cation, and the fraud. We are going to salaries for Federal employees and a NELL just sat down from saying and run trillion dollar deficits as far as the reduction in the number of government talking about an omnibus bill that eye can see right now, with no bureaucrats; limiting the amount that goes in the wrong direction—a direc- grownups in the room to say we are the government can spend on printing, going to quit doing that. We are going tion that is totally opposite of what travel and new vehicles; selling to continue to do that. the people of America said they wanted unneeded and excess Federal property. What are some of the things in this on November 2. In the interests of strengthening amendment? A congressional pay Now we are going to have a vote America’s financial future, we have to freeze; a cut in the executive branch today on the tax package that, in my make the tough choices. These amend- and congressional budget of 15 percent; opinion, is a good package. Only in ments do just that. a freeze on the salaries and the size of Washington is a package which says We must show the American people the Federal Government; limiting what that if you continue to tax people at that we have the good faith, the cour- the government can spend on planning, the rate they are being taxed today, it age, and the will to confront the chal- travel, and new vehicles; selling adds to the deficit. There is another lenges before us by working toward unneeded and excess Federal property; part to that. There are additions to sound fiscal decisionmaking, by man- stopping unemployment benefits to that tax package that do provide for aging our debts and paying our bills people who are millionaires—by the additional spending—spending that can just as millions of American families way, we are sending unemployment be paid for, without any feeling on the have to do month after month. benefits to people who are unemployed part of the offsets, or the people who Mr. President, I yield the floor. and have assets in excess of $1 million; are going to be affected by the offsets, Mr. COBURN. Mr. President, I will collecting unpaid taxes currently in ex- as Senator COBURN has proposed. close with the following comment. The cess of $4 billion owed by Federal em- These amendments make common Gallup organization came out today ployees and Members of Congress; force sense, they make business sense, and with the latest approval rating on Con- consolidation of duplicative programs; they certainly make the kind of sense gress. Do you know what it is? It is 13 preventing fraud, taking some of the that the people in America want us to percent. Thirteen percent of the people $100 billion that is defrauded from start reacting to and providing for. in this country have confidence in Medicare and Medicaid every year, and Mr. President, America’s finances are what we are doing and 87 percent do preventing that from happening by the on an unsustainable path, and we can- not. FAST Act; streamlining defense spend- not ignore this fact by continuing to I side with the 87 percent. I think ing and reducing foreign aid, including pass legislation that we have not paid they have it right. If we continue with voluntary excess contributions to the for. the omnibus package, and we continue United Nations. The amendments offered by my col- to have our earmarks, and we continue The people of the world are as- league from Oklahoma, Senator to pass expenditures by not reducing tounded that we would spend another COBURN, are an opportunity for this expenditures elsewhere, it is going to $136 billion and make no attempt to get body to act responsibly so that Amer- sink even lower. rid of the excesses, waste, and duplica- ica’s future prosperity is not stifled by What does that really mean, that tion in our Federal Government. Be- insurmountable debt. only 13 percent of the people in this cause we are not allowed under the reg- All of us in this Chamber believe country have confidence in us? What it ular order to offer amendments—and I some portion of this bill should be paid really means is that the legitimacy of understand the purpose for that—this for. Here is a chance to show we mean our positions and our power is in ques- amendment will require 67 votes. just that. These amendments provide tion. Everybody recognizes the prob- The American people are going to be billions of dollars of savings by elimi- lems in front of us. The question is, looking, and they are going to say: nating wasteful spending, and by con- Will you make the hard choices and do Does the Senate get it? Do they under- solidating duplicative programs. the tough part to get us out of the stand the severity and the urgency of Moreover, these proposals are bipar- problems we have? We can no longer the problems that face our fiscal fu- tisan, having been recommended by the borrow money we don’t have to spend ture? President’s Commission on Fiscal Re- on things we don’t need.

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.011 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10239 With that, I yield the floor and wel- less task for 12 years of making me Old Senate Chamber. The debate was come the comments of the Senator look better than I deserve, and in that, hot, but we listened to each other. We from Indiana. they have performed heroic service. all knew that the fate of the Nation The ACTING PRESIDENT pro tem- They have never let me down. To the and the judgment of history—things pore. The Senator from Indiana. extent I have accomplished anything far more important than party loyalty f on behalf of the public, it is thanks to or ideological purity—were in our their tireless efforts and devotion. hands. FAREWELL TO THE SENATE Each could have worked fewer hours Consensus was elusive. Finally, we Mr. BAYH. Mr. President, if I could and made more money doing something appointed Ted Kennedy—JOHN KERRY’s be permitted a few moments of per- else, but they chose public service. esteemed colleague—a liberal Demo- sonal privilege before I begin my for- It has been an honor to work with crat, and Phil Gramm, a conservative mal remarks, there are so many people you. I will miss each of you and can Republican, to hammer out a com- I need to express my heartfelt grati- only hope we will remain in touch promise. And they did. Their proposal tude to today, starting with, of course, throughout the years. No one has been was adopted unanimously. my wonderful wife Susan. I know we privileged to have better support than The trial of our chief magistrate, are not supposed to recognize people in I have. even in the midst of a political cru- the gallery, but I am going to break To the men and women who work in cible, was conducted in accordance the rules for one of the first times here the Senate and make it possible for us with the highest principles of due proc- to thank my wife. We have been mar- to do our jobs, I wish to express my ess and the rule of law. The constitu- ried for 25 wonderful years, and frank- heartfelt gratitude. You have always tional balance of powers was preserved ly, Mr. President, I wouldn’t have been been unfailingly courteous and profes- and the Presidency saved. The Senate elected dog catcher without Susan’s sional. The public is fortunate to have rose above the passions of the moment love and support. the benefits of your devotion. And on and did its duty. I often remember a story during my behalf of a grateful nation and a thank- Three years later, the Senate was first campaign where I met an elderly ful Senator, let me express my appre- once more summoned to respond in a woman who took my hand, looked up ciation. moment of crisis. The country had into my eyes, and said: Young man, I Next, to my colleagues. More about been attacked and thousands killed in am going to vote for you. each of us later, but let me simply say an act of suicidal terror. This building I was curious and asked her why. it has been my privilege, the privilege had been targeted for destruction and She said, with a twinkle in her eye: of my lifetime, to get to know each of death, and that would have occurred Well, I have met your wife. It seems to you. There is not one of you who is not but for the uncommon heroism of ordi- me you did all right with the most im- exceptional in some way or about nary citizens. I was told not to return portant decision you will ever make. I whom I do not have a fond recollection. to my home for fear assassins might be will trust you with all the other ones Each of you occupies a special place in lying in wait. So I picked up my sons too. my heart. from their school, and we spent the It is not uncommon in our State, as I am especially fortunate to have night with a neighbor. Senator LUGAR could attest, that peo- served my career in the Senate with Two days later, those Senators who ple say they really vote for Susan’s Senator RICHARD LUGAR. I have often could make it back to Washington husband. thought Congress would function bet- gathered in the Senate Dining Room. Darling, I can’t thank you enough. ter if all Members could have the kind There were no Democrats or Repub- She was a wonderful first lady, is a of relationship we have been blessed to licans there, just Americans. Without phenomenal mother, and is the partner enjoy. He has been unfailingly thought- exception, we resolved to defend the for my life. ful and supportive. Even though we oc- Nation and to bring to justice the per- Next, I would like to express my casionally have differed on specific petrators of that horrible crime. The gratitude to my parents. Even though issues, we have never differed on our feeling of unity and common purpose they were very busy, I never doubted commitment to the people of our State was palpable. for a moment that I was the most im- or to the strength of our friendship. Fast-forward another 7 years. In Oc- portant thing in their lives. There is no Dick, thanks to you and Char for so tober 2008, I was summoned, along with question that my devotion to public much. You are the definition of a others, late at night to a meeting just service stems from their commit- statesman. off this floor. The financial panic that ment—something, Mr. President, I Finally, to the wonderful people of had been gathering force for several think you can relate to as well. I have Indiana, for whom I have been privi- months had attained critical mass. always admired my father’s selfless leged to work almost an entire adult The Secretary of the Treasury, Henry commitment to helping our State and life. Hoosiers are hard working, patri- Paulson, spoke first. He turned to the Nation. I am proud to follow in his otic, devout, and full of common sense. new head of the Federal Reserve, Ben footsteps here in the Senate and to We are Middle America and embrace Bernanke, and said: Ben, give the Sen- share his name. My mother taught me middle-class values. The more of Indi- ators a status report. that even from the depths of adversity ana we can have in Washington, frank- Bernanke, in his low-key, pro- can come hope. She was diagnosed with ly, the better Washington will be. fessorial manner, said: The global cancer at age 38, passed from us at age To my fellow Hoosiers, let me say economy is in a free fall. Within 48 to 46—an age I now recognize to be much, that while my time in the Senate is 72 hours, we will experience an eco- much too young. I miss her, but I sus- drawing to a close, my love for you and nomic collapse that could rival the pect, as so often in my life, she is devotion to our State will remain ever- Great Depression. It will take millions watching from on high today. lasting. of jobs and thousands of businesses Next, to my wonderful sons, Nick and As I begin my final formal remarks with it. Companies with which all of Beau. They came into our lives when I on this floor, my mind goes back to my you are familiar will fail. Trillions of was still Governor and were barely 3 first speech as a U.S. Senator. It was dollars in savings will be wiped out. when I was sworn in to the Senate. an unusual beginning. I was the 94th There was silence. We looked at each They are the joys of my life. I hope Senator to deliver remarks in the first other, Democrats and Republicans, and that one day they will draw inspira- impeachment trial of a President since asked only one question: What can be tion, as I did, from their upbringing in 1868. The session was closed to the pub- done? public service and will choose to devote lic; emotions ran high; partisan divi- The actions that emanated from that themselves in some way to making our sions were deep. It was a constitutional evening helped to avoid an economic country and State better places. crisis, and the eyes of the Nation and catastrophe. The jobs of millions and I am so proud of you, my sons. the world looked to the Senate. millions of people were saved, busi- Next, to my devoted staff and to the My first day as Senator, I was sworn nesses endured. But the measures re- staff who serves us here in the Senate. in as a juror in that trial. There were quired were unpopular. My calls were My personal staff has had the thank- no rules. All 100 of us gathered in the running 15,000 to 20,000 opposed and

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.014 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10240 CONGRESSIONAL RECORD — SENATE December 15, 2010 only about 100 to 200 in favor of acting. ance of the majority, not by the mag- are here. That is why. If I have been The House initially voted down the nanimity of the State, but from the able to contribute even a little to rec- measures. The economy teetered on the hand of Almighty God; the freedom to onciliation among us, then I have done edge of the precipice, but Senators did enjoy the fruits of our labors, the free- my duty. our duty. Some sacrificed their careers dom to speak our minds and worship My prayer is that in the finest tradi- that evening. The economy was saved. God as we see fit, the freedom to asso- tions of this Senate—both in my time I recount these moments of my ten- ciate with those of our own choosing and my father’s time and in days be- ure to remind us of what this body is and to select those who would govern fore—we may once again serve to re- capable of at its best. When the chips us. solve our differences, meet the chal- are down and the stakes are high, Sen- From the hillsides of ancient Athens lenges that await us, and in so doing ators, regardless of party, regardless of to the fields of Runnymede, to the vil- forge an American future that is wor- ideology, regardless of personal cost, lage greens of Lexington and Concord, thy of our great past. So that when our doing their duty and selflessly serving to the Halls of this great Senate, it has children’s children write the history of the Nation we love are capable of great always been the same: The innate our time, they may truly say of us: things. human longing for independence now Here were Americans and Senators On my office wall hangs a famous finds its truest expression in the Amer- worthy of the name. print—the Senate in 1850. There is ican experiment. We are the guardians I thank you. Henry Clay; there is Daniel Webster, of that dream. I yield the floor. Thomas Hart Benton, John C. Calhoun, Each generation of Americans has (Applause, Senators rising.) William Seward, Stephen Douglas, been called to renew our commitment Ms. LANDRIEU. Mr. President, I un- James Mason, and Sam Houston. Gi- to that ideal, often in blood, always derstand we are in morning business. ants walked the Senate in those days. with sacrifice. Now is our time. Now is The ACTING PRESIDENT pro tem- My colleagues, they still do. the time for us to keep faith with those pore. That is correct. In ‘‘Profiles in Courage,’’ John Ken- who have come before and to do right Ms. LANDRIEU. I would like to nedy tells the stories of eight U.S. Sen- by those who will follow, to lift high speak for the next 5 minutes. I under- ators whose actions of selflessness and the cause of freedom in all of its mani- stand Senator VOINOVICH is on his way, fortitude rescued the Republic in times festations within its surest sanctuary— but I would like to speak for the next of trial. Serving in this body today are this U.S. Senate. 5 minutes. men and women capable of equal patri- All of this was put into perspective The ACTING PRESIDENT pro tem- otism if given a chance—new profiles for me one day on a visit to Walter pore. Without objection, it is so or- in courage waiting to be written. It Reed Army hospital. I was visiting dered. shouldn’t take a constitutional crisis, wounded soldiers. There was a young Ms. LANDRIEU. Mr. President, this a terrorist attack, or a financial ca- sergeant from Georgia. He had been Senate is not going to be the same lamity to summon from each of us and married 3 weeks before deploying to place without the Senator from Indi- from this body collectively the great- Iraq. He was missing his left arm and ana. In fact, it will be a lesser place be- ness of which we are capable, nor can both legs. His wife sat by his side. A cause he has been such an outstanding America afford to wait. look of dignified calm was upon his Senator. I wish to let him know he will We are surrounded today by gath- face. I asked if he was receiving the be very much missed. He contributed ering challenges that, if unaddressed, care he needed. Yes, he said, he was. I enormously, in his very quiet and dig- will threaten our Republic—our grow- asked if there was anything I could do. nified but powerful way, to many im- ing debt and deficits, our unsustainable No. No, there was not. Anything he portant issues, both domestic and energy dependence, increasing global needed? No. international. We look forward to hear- economic competition, asymmetric na- I had never felt so helpless or so in- ing a lot more from Governor Bayh and tional security challenges, an aging significant. Senator BAYH in the years to come. population, and much, much more. I left his room and made my way to f Each of these challenges is difficult, the hospital front door and walked out- LOW INCOME HOUSING FIX each complex. The solutions will not be side into the bright sunshine, sat upon universally popular, but all can be sur- the curb, and cried. Ms. LANDRIEU. Mr. President, I mounted, and I am confident they will All I could think of was what can I thank the leadership on both sides for be with the right leadership from us do—what can I do to be worthy of him? giving me an opportunity, in just a few and the right ideas. I am confident be- What can each of us do? Look at what minutes, to have a portion of the time cause I know our history and I know he sacrificed for America. What are we when it comes to the discussion of the our people. I know all of the challenges prepared to give? Is it too much to bill we are going to be voting on at we have overcome—the wars, the eco- think that while soldiers are sacri- noon. But I thought before I got to that nomic hardships, the social turmoil. I ficing limbs on our behalf, that we can time I had been allotted in the unani- know the character of the American look across the aisle and see not en- mous consent agreement—and I am people—our resiliency, our innate emies but friends, not adversaries but very grateful to the leadership on both goodness, and our courage—and I know fellow citizens? sides for giving me that opportunity— we can succeed. But it will not be easy, With service men and women laying I would take a minute to give a pre- and it will not happen by itself. It is up down their lives, can we not lay down view while there was no one on the to us. our partisanship and rancor but for a floor asking for time now. America is an exceptional nation be- while? Can we not remember we are This massive tax bill has been nego- cause each generation has been willing but ‘‘one nation under God,’’ with a tiated by many people of good will. I to make the difficult decisions and, common heritage and common destiny? see the Senator from Montana, the Fi- yes, the occasional sacrifices required Let us no longer be divided into red nance Committee chair, who has been by their times. America is a great na- States and blue States but be united at the table in these negotiations, and tion not because it is preordained but once more into 50 red, white, and blue Senator MCCONNELL and Senator KYL because our forebears, both here in the States. As the civil rights leader once and Senator REID—men who have truly Senate and across the Nation, made it reminded us: ‘‘We may have arrived on worked very hard. There were rep- so. For 10 generations, the American these shores in different ships, but we resentatives from the White House in people have been dedicated to the self- are all in the same boat now.’’ these negotiations. I know in their evident truth that all of us are created My friends, the time has come for the minds they did their very best. I have equal and have been endowed by our sons and daughters of Lincoln and the had some serious issues with portions creator with inalienable rights. heirs of Jefferson and Jackson to no of the package. I have expressed those From the beginning, it is freedom longer wage war upon each other but to on the floor of the Senate on behalf of that has been the touchstone of our de- instead renew the struggle against the the constituents I represent. I think I mocracy—freedom not from the benev- ancient enemies of man: ignorance, have made my points. I think they olence of a king, not by the forbear- poverty, and disease. That is why we have been very clear. I appreciate the

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.015 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10241 opportunity, as a Senator, to be able to come to a halt. There are 77 of them. with nothing but the clothes on their voice those complaints. They are narrow. It does not open Pan- back. They could not read or write and I am not on the floor right now to dora’s box. It fixes a mistake. I have spoke only a few words of English. talk about the major pieces of that tax testimony from the Senator from Mon- I have to pinch myself as a reminder package with which I strongly dis- tana, I have testimony from the White that this has not been just a wonderful agree. I intend to vote for it. I signaled House, I have testimony from the Re- dream. The grandson of Serbian and that in the vote 2 days ago. I am un- publican leadership that it was not Slovenian immigrants who grew up on happy with many pieces of it, but that their intention and that they did not the east side of Cleveland is a U.S. Sen- is not why I am here to speak today. I understand clearly enough that if this ator. Only in America. am here to ask the Members of this placed-in-service date was not ex- Truly none of us should take for Senate to consider, when I ask unani- tended, these projects—they thought granted the economic and political mous consent later this morning, to they could go on. They cannot. They freedoms we have. My dad used to say grant unanimous consent to fix a mis- will come to a halt. the reason we have more of the world’s take. I am going to ask, in just a few It is only low-income housing bounty is because we get more out of minutes, for the Senate to fix a mis- projects, only in the gulf, and there are our people because of our free enter- take that was made in the negotia- only 77 of them. Not all of them will prise and educational systems. Mr. tions. I am going to need all 100 Sen- collapse, but the largest will because Gudikuntz, my social studies teacher, ators to say yes in order to fix this they cannot be corrected. They cannot said: A democracy is where everyone mistake. be built in this year alone. We need to has an equal opportunity to become Senator VITTER, Senator SHELBY, give them 2 years to be built. If we can unequal. Senator SESSIONS, Senator COCHRAN, do that, the great redevelopment of the So during my final days in the Sen- and Senator WICKER—all the Senators city of New Orleans and the region will ate, I think of the people in my life from both parties in all the Gulf Coast continue. who have gotten me up the steps to States that are affected by this amend- Please, in the next hour, my col- this hallowed Chamber: My wife of 48 ment—join me in this request. There is leagues, contemplate this. I am going years Janet is God’s greatest blessing not any difference of opinion among to ask for your unanimous consent. I to me. She has never pulled or pushed those of us who represent these States. hope I can get it. me, but she has always been at my Only these States are affected by this The ACTING PRESIDENT pro tem- side; my three children on Earth, amendment. It is very narrowly craft- pore. The Senator from Montana is rec- George, Betsy and Peter, and my angel ed. It has to do with a placed-in-service ognized. in Heaven, Molly, and my eight grand- date for low-income housing; that is Mr. BAUCUS. I know there is an children, my siblings and their ex- all, low-income housing. order for the Senator from Ohio to tended families. It is not easy to have We lost, as many people will recall, 6 speak. I would ask for the Senator’s in- a father, brother, or uncle in this busi- years ago, over 250,000—not 5,000, not dulgence for maybe 15 or 30 seconds. ness. The people of Ohio who have fa- 25,000, not 50,000 but 250,000—homes in Mr. VOINOVICH. Sure. cilitated my election to seven different the aftermath of Katrina, Rita, and the Mr. BAUCUS. Mr. President, I have offices, who have stuck with me even great flood that ensued. It is only 6 discussed this matter with the Senator though on occasion they have not years ago that happened so, of course, from Louisiana. She is right. These agreed with me, have my deep appre- we are still trying to build housing, projects cannot be built fast enough. ciation. I can never thank them private, stand-alone, single-family There is just not enough time. The enough. I hope they know that every housing, multifamily housing, housing placed-in-service date should be ex- decision I have made and every policy for seniors. It is a huge work. In fact, tended an extra year. It is not expen- I have crafted, although not always the it may be the largest single residential sive at all. I hope we can find some way easiest or most popular at the time, building program going on in this cen- to accommodate this need. was aimed to improve and make a posi- tury, maybe not after World War II—I The people in Louisiana and the tive difference in our lives. I am very don’t have the figures—but it has been whole gulf coast need this extended humbled to have been given the privi- a huge residential rebuilding program. service date because, otherwise, these lege to serve them through the years. This GO Zone package was crafted homes will not be built. I hope we can Here in the Senate, my wonderful with the help of almost every Senator find some way to pass what the Sen- staff, both in Ohio and in Washington, in the aftermath, and we are grateful. ator from Louisiana is suggesting. I am so proud of what they have done It had basically three main compo- The ACTING PRESIDENT pro tem- for me and the people of Ohio. I take nents, what I call bonds for big infra- pore. The Senator from Ohio is recog- fatherly pride in having had the chance structure project development, bonds nized. to touch their lives and see them grow. for historic credits, because many of f I also think of our colleagues in the these neighborhoods—particularly other Senate offices who have helped Waveland, New Orleans, some of these FAREWELL TO THE SENATE and cooperated with them as we historic places along the gulf coast— Mr. VOINOVICH. Mr. President, I worked together to solve our Nation’s were destroyed. We wanted to preserve, rise today to say farewell to the Senate problems, meet challenges, and seize when we rebuilt, the historic nature, so after 12 years. I would like to take opportunities. My colleagues and I we asked the Senate and were granted time to convey my heartfelt thanks to should be most humble; for all we are historic preservation credits: the low- all of those who have helped me during is a reflection of these wonderful, income housing tax credits to replace my time in the Senate and to reflect loyal, hard-working individuals. the thousands of low-income units for briefly on the work we were able to get I also thank all of you in this Cham- seniors, for the disabled and for the done, work that I think made a dif- ber for your courtesies you have ex- poor and the working poor. In this ference for the people of my State and tended to me. I miss my first 2 years package, the negotiators got every- our Nation. when I presided over the Senate, the thing, but they forgot and left out—out I also will share a few observations first one to get to 100 hours in the of the total $800 million for the GO with my colleagues, both those who are chair. It was a wonderful time, and Zones for all the Gulf Coast States, for staying as the 112th, as well as Sen- thank you all for what you have done everything I just described—they for- ators yet to come. At this stage in my for me over the years. got to extend the placed-in-service date life, I look back on my 44 years in pub- The folks in the Attending Physi- for the low-income housing projects. lic service and I cannot help but thank cian’s Office have taken care of me As a result, and I see Senator God for the immeasurable blessings he physically. Our two great Chaplains, VOINOVICH on floor—and I know he is in has bestowed upon me. Each time I Lloyd Ogilvie and Barry Black, along line to speak—as a result, if we do not walk the steps of the Senate, I look up with the wonderful priests at St. Jo- fix this today—it is not truly an at the Statue of Freedom on the top of seph’s on the Hill have helped me grow amendment, it is a correction to the our Capitol dome, and I think of my spiritually. I have to mention JIM underlying bill—these projects will grandparents who came to America INHOFE, hosting our Bible study each

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.016 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10242 CONGRESSIONAL RECORD — SENATE December 15, 2010 week. He honored me by inviting me to my friend, EVAN BAYH, whom I first more competitive and make a dif- a codel to Africa this year. There is no met when we were Governors of neigh- ference in people’s lives, and set a com- one in this Senate who has done more boring States. mon agenda. By setting collective for public diplomacy for the United As many of you know, I have been an goals, by an agreement from leader- States in Africa than JIM INHOFE. ardent champion for my brothers and ship, I believe that will set the environ- I have learned in my life that you sisters in Eastern Europe, the Baltic ment for committee chairmen and cannot do anything alone. So, of States, and the countries of the former ranking members for the year. course, I think of my colleagues in the Yugoslavia. As such, I am proud to Think about it. What kind of plan- Senate whom I have learned to know have led the effort to expand NATO and ning do we do? Most successful cor- and respect. I have been blessed to call increase membership in the Visa Waiv- porations have 5-year plans: Where are them friends. The American people er Program. These two accomplish- we going? What are our priorities? have made it clear that they are not ments would not have happened with- What are the things we agree upon? happy with partisanship in Wash- out the bipartisan leadership of DICK Let’s not spend time on those things ington. But the fact is, there are some LUGAR and JOE BIDEN on the Senate where we disagree. great partnerships here, and those Foreign Relations Committee and the Additionally, an unacceptable partnerships and relationships result in help of JOE LIEBERMAN and SUSAN COL- amount of time is spent on fundraising. action. LINS on the Homeland Security and It is my estimate that 20 to 25 percent I do not think many people outside Government Affairs Committee. of a Senator’s time is spent on raising Washington understand that a lot gets I pray that the bipartisanship that I millions of dollars, and with it comes done here on a bipartisan basis. Many have witnessed and enjoyed in both for- the negative fallout in terms of the Americans think the only action in the eign relations and homeland security public view of Congress, bowing to con- Senate is on the floor of the Senate. will continue. I must also acknowledge tributions from special interests. In ad- But much of the action in the Senate is Senator JEANNE SHAHEEN for her keen dition to this negative impression, the in the committees and meetings with interest in southeast Europe. We trav- time spent raising money too often other Members off the floor, as well as eled together to the region in February interferes with the time we need for through unanimous consent. of this year, and I am heartened that our families, our colleagues, and, most Once a bill gets through committee, she has picked up the mantle on our importantly, doing the job the people perhaps one or two people might have a mission to ensure the door of NATO elected us to do. My last 2 years have problem with it, but we work it out, and European Union membership re- been my most productive and enjoyable call them, go see them, it gets done. mains open to all states in the Western because I have not had to chase money But it is never reported in the paper Balkans, which is key, I believe, to our at home and around the country. None about how we are working together on national security. of us like it, but nothing seems to get so many pieces of legislation. I have also championed the cause of done about it—nothing seems to get I am proud of the contribution I have monitoring and combatting anti-Semi- done about it. made to the country in the area of tism, making it a priority within the Ideological differences aside, it is human capital and government man- Organization for Security and Coopera- necessary for us to have good working agement. The fact is, though, without tion in Europe and our State Depart- relationships if we are going to get my brother, DAN AKAKA—and he is my ment. The progress that has been made anything done for the people who elect- brother—the changes never would have over the years could not have happened ed us. I know it is possible from my occurred. There is nobody who has without the leadership of Senator BEN personal experience. As mayor of done more to reform the way we treat CARDIN, Congressman CHRIS SMITH, and Cleveland, I worked side by side with our Federal workers, to make us more the late Congressman Tom Lantos. George Forbes, the most powerful competitive and work harder and One of the highlights of my career Democratic city councilman in Cleve- smarter and do more with less than was the passage of the global anti-Sem- land’s history. My entire city council what DAN and I have tried to do over itism bill, which created a special was Democrats. George and I first met the years, 12 years of working at it. It envoy at the State Department to when our children attended the Mayor is an area that is neglected by most monitor and combat global anti-Semi- Works Program in the Cleveland Pub- legislators because they do not appre- tism. These are just a few examples of lic Schools System. Who would have ciate how important the people are great bipartisan work going on in the guessed that we would become the tag that work in government. I call them Senate. But much of the time this is team that turned Cleveland around the A-Team. Any successful organiza- blurred because of the media’s addic- after it became the first major city to tion has to have good finances and tion to conflict. go into bankruptcy? good people. Even though I do not agree with the I was pummeled by the media on oc- I am also proud of my work in help- bipartisan resolution on extending the casion in regard to who was actually ing to relaunch the nuclear renais- Bush tax cuts, I compliment the Presi- running city hall. My answer was, both sance, which will help deliver baseload dent and leaders in Congress for sitting of us. Forbes and I worked together as energy for America, reduce our green- down and working together to find a friends and partners. One of the great house gas emissions, and reignite our compromise. satisfactions when I left the job of manufacturing base in Ohio and in our One of my frustrations after working mayor was that USA Today high- country. I could not have done this so hard to find common ground on sig- lighted both of us: The tall African- without Senator TOM CARPER, who has nificant issues over the past 12 years American Democrat, Big George, and been both a friend and a colleague has been that it does not happen often the short White Republican, Little since our days as Governor. TOM’s lead- enough. The American people know George, working together to bring ership was key to organizing our recent that even when members of a family about Cleveland’s renaissance. successful Nuclear Summit in Wash- get along, it is difficult to get things In Columbus, I found a worthy adver- ington, and TOM has taken the baton done. So they most certainly know sary when I was Governor in Democrat from me and will carry nuclear energy that when we are laser focused on Vern Riffe, who was speaker of the to the finish line as part of the future fighting politicking and messaging, house for my first 4 years as Ohio Gov- of America’s energy supply, along with their concerns and plight are forgotten, ernor. My office was on the 30th floor MIKE CRAPO, JIM RISCH, LAMAR ALEX- and nothing controversial gets done. of the building named after Riffe while ANDER, and others. There is a growing frustration that he was still alive and serving an un- I also recall the passage of the land- Congress is oblivious to their problems, precedented 22 years as speaker. mark PRO–IP bill, a bill to protect our anxieties, and fears. Frankly, I think Well, every day when I went over to intellectual property, by the way, the one action leaders could take at the be- the Riffe Tower, I had to genuflect be- last bastion of our global competitive- ginning of each Congress is to assess fore his bust. But, somehow, Vern and ness. It was a multiyear process that the issues at hand. What are the items I decided we were going to figure out would not have succeeded without the that Republicans and Democrats agree how we could work together and move work of the business community and should get done to make our Nation Ohio forward and become good friends.

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.017 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10243 Needless to say, folks, I was dis- more of my colleagues understand ness to You. Save them from the seduction mayed when I learned this year that that. I was quite impressed with the of power, the addiction of popularity, and President Obama had held only a single fact that 60 percent of the Senate rep- the aggrandizement of pride. Lord, keep their priorities straight: You and their fami- one-on-one meeting with MITCH resentation on the National Commis- lies first; the good of the Nation second; con- MCCONNELL. One meeting. When I was sion on Fiscal Responsibility and Re- sensus around truth third; party loyalties Governor, I met with Vern Riffe and form supported the recommendations fourth; and personal success last of all. May Stan Aranoff, who was president of the of the chairmen, including TOM they never forget they have been elected to senate, every 2 weeks, developing good COBURN, MIKE CRAPO, JUDD GREGG, serve and not to be served. interpersonal relationships and a trust KENT CONRAD, and DICK DURBIN. As far Mr. President, I yield the floor. which allowed us to move Ohio for- as I am concerned, they are true patri- The ACTING PRESIDENT pro tem- ward, from the Rust Belt to the Jobs ots. pore. The Senator from Ohio is recog- Belt. As our colleague TOM COBURN said nized. I am hoping we have entered a new just before the commission vote: Mr. BROWN of Ohio. Mr. President, era in the relationship between the The time for action is now. We can’t afford as Ohio’s junior Senator, I wish to add President and leadership in Congress. to wait until the next election to begin this my remarks, as well as I am able, to Our situation today is more critical— process. Long before the skyrocketing cost the comments of Senator VOINOVICH. more critical—than at any time in my of entitlements cause our national debt to He didn’t talk much about himself and 44 years in government. How we work triple and tax rates to double, our economy his career, and I will do that for a mo- together will determine the future of may collapse under the weight of this bur- ment. our country. We must also recognize den. We are already near a precipice. In the In his almost 50 years of public serv- near future, we could experience a collapse ice, he always has been his own man, that if we diminish the President in in the value of our dollar, hyperinflation or the eyes of the world, it is to the det- whether as a State legislator, county other consequences that would force Con- auditor, a county commissioner of Cuy- riment of our Nation’s international gress to face a set of choices far more painful influence and will impact our national than those proposed in this plan. ahoga County, Lieutenant Governor, as mayor of Cleveland, Governor of Ohio, security. We are on thin ice, and we Here we are, in a situation where we and now his 12 years in the Senate. He need the help of our allies. They need are on an unsustainable fiscal course has always been his own man. He was our help as well. caused by explosive and unchecked rewarded in some sense when, as a 1958 For example, the START treaty. Al- growth in spending and entitlement ob- graduate of Ohio University, the school though I have had some reservations ligations without funding. We have an created the Voinovich School of Lead- about it, they have been satisfied. It is outdated Tax Code that does not suffi- vitally important to get done this year ership in Public Affairs. It is not often ciently encourage savings and eco- that a State university or any public or, alternatively, we must make it nomic growth, a skyrocketing national clear the Senate will ratify the treaty entity names something after someone debt that puts our credit rating in seri- still in office, particularly something as soon as the 112th Congress convenes. ous jeopardy and should give all of us To not do so will do irreparable harm as prestigious as the Voinovich School great pause. of Leadership. I have visited it many to America’s standing with our NATO For Fareed Zakaria posed questions allies and would be exploited by our en- times. There are always stimulating that should haunt all of us in Monday’s discussions that are uplifting to the emies, particularly those factions in Washington Post. Russia that would like to break off public discourse. I thank Senator So when will we get serious about our fis- VOINOVICH for that. communication and revert back to our cal mess? In 2020 or 2030, when the needed No matter how high GEORGE Cold War relationship. There are plen- spending cuts and tax hikes get much larger? ty of them over there still smarting If we cannot inflict a little pain now, who VOINOVICH rose, he always lived with from the fact that the wall went down, will impose a lot of pain later? Does anyone his wife Janet and his children and NATO expanded, and we encroached on believe that Washington will one day develop grandchildren nearby in Collinwood, their area of influence. the political courage it now lacks? And what OH, in the same house, the same neigh- Two weeks ago Janet and I attended if, while we are getting around to doing borhood in Cleveland, never forgetting a farewell dinner hosted by MITCH something, countries get nervous about lend- where he came from. That tells me a MCCONNELL. Although I have had dif- ing us money and our interest rates rise? lot about him as a public official. ferences with MITCH, I have to credit I believe the American people get it. He likes to say, reflecting on our him with keeping the Republican team They recognize that our fiscal situa- State’s tremendous potential, ‘‘the together. There is no one more stra- tion is in the intensive care unit on life rust is off the belt,’’ as people used to tegic than MITCH, JON KYL, and LAMAR support. refer to Cleveland as the rust belt but ALEXANDER. Still, I share the concern As I walk down the steps of the U.S. now see it as so much more. It is going of many of my colleagues that too Capitol for the last time, I pray the be the first place in the Nation with a often the herd mentality has taken Holy Spirit will inspire my colleagues field of wind turbines on the fresh over our respective conferences. At the to make the right decision for our water of Lake Erie. Clearly, this city dinner MITCH hosted, I shared with my country’s future and work together to has turned around. This is, in some sig- Republican colleagues what Ohio State tackle our fiscal crisis. You have the nificant measure, due to the efforts of University coach Jim Tressel defines as future of our Nation and the future of Mayor and Governor and Senator success in his book ‘‘The Winners Man- our children and grandchildren in your GEORGE VOINOVICH. ual.’’ hands. There are four things I particularly Success is the inner satisfaction and peace I have already spoken too long. If my think of when I think of GEORGE of mind that come from knowing I did the wife Janet were here, she would be VOINOVICH. One is Janet. Janet often best I was capable of doing for the group. scratching her head. That is the signal travels back and forth with GEORGE, Success is a team sport. Hopefully, she always gives me. I got your signal, and I see both of them on our flight this will become the Senate’s defini- dear. from Cleveland to Washington. Janet tion of success, because finding com- But I would like to finish with a has always been at his side, whether as mon ground and teamwork is what it reading from ‘‘One Quiet Moment,’’ a first lady or as his loving life’s partner. will take to confront the problems fac- book of daily readings from the former The relationship they have is inspiring ing our Nation. Senate Chaplain Lloyd Ogilvie which I to Connie and me and many others. We My colleague Senator CHRIS DODD hit read every day for inspiration and thank you most importantly for that, the nail on the head when he said: proper perspective. Perhaps some of my GEORGE. It is whether each one of the 100 Senators colleagues are familiar with his When I think about the career of can work together—living up to the incred- writings. This was his election day ad- GEORGE VOINOVICH, I think of what he ible honor that comes with the title, and the monition: brought to this body—the perspective awesome responsibility that comes with the . . . May the immense responsibilities they of an executive, of a Governor and a office. assume, and the vows they make when sworn mayor. That is something many of us We do have a symbiotic relationship, into office, bring them to their knees with look to—Governor Shaheen, now Sen- and I am encouraged that more and profound humility and unprecedented open- ator SHAHEEN, and soon-to-be Governor

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.018 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10244 CONGRESSIONAL RECORD — SENATE December 15, 2010 Brownback. It helps in our delibera- Mr. BROWNBACK. Mr. President, I do it. He is the kind of person where we tions that someone has had the experi- rise to pay tribute to my colleague. go to the Bible study group that meets ence as a big city mayor in challenging What a great gentleman. This is an au- about every Thursday with the Chap- times, and Governor of Ohio and, per- gust body, a wonderful place, a delight- lain and some of our colleagues, and we haps a less challenging time but a chal- ful place to serve. It has great issues are always reminded by Barry Black lenging time nonetheless, from the per- before it. There are people who are gen- that the Golden Rule is treat other spective that GEORGE VOINOVICH has tlemen and gentleladies in it who con- people the way we want to be treated. brought as a chief executive coming to duct themselves in one of the highest It is the cliff notes of the New Testa- the Senate, sharing those thoughts and regards and highest abilities. And when ment, and GEORGE really personifies ideas with legislators. I think of that, I think of GEORGE that. He treats everybody the way he The second thing I think of is Lake VOINOVICH. He is a really good guy, a would want to be treated. Erie. If you live in northern Ohio or in real gentleman in the Senate, and a He is a person who focuses on excel- the right places in Wisconsin and Min- man who lives his faith, believes it, lence in everything he has done—as nesota and Michigan and Indiana and which is tough to do in this body. It is mayor, as Governor, and here in the Illinois and New York and Pennsyl- tough to do in any position in life. Yet U.S. Senate—and he is always looking vania, you think about the great lake he does it and has done it for over four for ways to do better what he does and you live near. In northern Ohio there is decades in public service to the people calls on the rest of us to do the same. an old story. I grew up about 75 miles Finally, this guy is tenacious. He in the State of Ohio and the people of from the lake, and GEORGE grew up does not give up. If he thinks he is the United States. That is quite a trib- much closer. There is something about right and he knows he is right, just get ute. people who have grown up within 10 out of the way, and you know he is He and his wife I get to see often. miles of Lake Erie. You can ask them going to prevail. When I think of the expression ‘‘two wherever they are, which way is north, He has wonderful folks on his staff people becoming one,’’ I don’t know if and they always seem to know. who are here with him today, and we From what he has done with Asian I could describe it any better than the salute all of you. He knows how to carp and his belief in the importance of Voinovichs, how two become one. pick—you are—good people and turn The smile is the same. The look is our greatest national resource, the five them loose and really to inspire them Great Lakes, his commitment is al- the same. The attitude is just a won- and us. ways to maintaining the pristine qual- derful togetherness that the two of I do not think Janet is here today. ity of that lake in terms of recreation, them live. At a time when marriages Maybe she is watching on television. I in terms of drinking water, in terms of have a lot of difficulties, it is great to hope so. But to her and their family, industry, in terms of all the things see an example of somebody in high of- thanks very, very much for sharing that the Great Lakes, especially Lake fice who has lived in public life for over with us an extraordinary human being. Erie, do for Cleveland and everything four decades and then has this oneness We love you, GEORGE. in between. GEORGE VOINOVICH gets in their marital relationship. I think Mr. President, I yield back. much credit for that. they both have served in that capacity, f I think about GEORGE VOINOVICH in whether it is for their family or for the people of Ohio or the United States. CONCLUSION OF MORNING that he is always elevating the discus- BUSINESS sion about the quality of the Federal Living publicly the right way and liv- workforce. The term ‘‘public servant,’’ ing privately the right way are both The PRESIDING OFFICER. Morning unfortunately, doesn’t mean in the beautiful attributes and difficult business is closed. public’s mind what it used to; partly things to be able to get done, and it is f great to be able to see it happen. For deserved, perhaps, because of some peo- FEDERAL AVIATION ADMINISTRA- that, I give great tribute to a wonder- ple’s missteps or worse, but mostly be- TION EXTENSION ACT OF 2010 cause people run campaigns against the ful American, GEORGE VOINOVICH. The PRESIDING OFFICER. Under government, whatever the reasons I yield the floor. the previous order, the Senate will re- there. The term ‘‘public servant’’ is so The PRESIDING OFFICER (Mr. BEN- sume consideration of the House mes- important to GEORGE VOINOVICH, and NET). The time allotted for morning sage to accompany H.R. 4853, which the he has done more than just mouth the business has expired. Mr. CARPER. Mr. President, I ask clerk will report. words and compliment workers, which The legislative clerk read as follows: he has done often and deservedly. I ap- unanimous consent to speak out of order for perhaps 2 minutes. Motion to concur in the House amendment plaud him for that. He has played a to the Senate amendment with an amend- major role in shining the light on how The PRESIDING OFFICER. Without objection, it is so ordered. ment to H.R. 4853, an act to amend the Inter- we improve our Federal workforce. nal Revenue Code of 1986 to extend the fund- How do we give them opportunities for The Senator from Delaware. ing and expenditure authority of the Airport advancement, how do we do training, Mr. CARPER. Mr. President, thank and Airway Trust Fund, to amend title 49, attract the right people to public serv- you very much. United States Code, to extend authorizations ice. I still think we have a terrific pub- Mr. President, GEORGE VOINOVICH and for the airport improvement program, and lic workforce. Whether it is at the city, I served as Governors together for 6 for other purposes. county, State, or Federal level, it is of years. He chaired the National Gov- Pending: high quality. And, in the great major- ernors Association, and he was good Reid motion to concur in the amendment ity of cases, that is because of a few— enough to let me be his vice chairman. of the House to the amendment of the Senate I got here and, lo and behold—in fact, to the bill, with Reid/McConnell modified and I say a very few—public servants amendment No. 4753 (to the House amend- such as GEORGE VOINOVICH who has for a while he chaired a national drop- out prevention program called Jobs for ment to the Senate amendment), in the na- kept the public spotlight on govern- ture of a substitute. ment service. I know Ralph Regula, the America’s Graduates. I was his vice Reid amendment No. 4754 (to amendment Congressman from Canton who retired chairman. I got here, and he chaired a No. 4753), to change the enactment date. in 2008, has shared a lot of those subcommittee on the Environment and The PRESIDING OFFICER. The Sen- thoughts and ideas and continues to in Public Works Committee, the Sub- ator from Oklahoma. his retirement with Senator VOINOVICH. committee on Clean Air and Nuclear Mr. COBURN. Mr. President, I under- Whether it is his work on Lake Erie Safety, and I got to be his vice chair- stand that under the previous order, I or his contributions here, he has cer- man. So I am used to being his second have 10 minutes. tainly made the Senate of the United banana. But I love the guy, and I have The PRESIDING OFFICER. That is States a better place. He has made the learned an enormous amount from him. correct. United States of America a better He is one of those people who really, Mr. COBURN. I will attempt not to country. I thank him for that, as my every day, try to say: What is the right use that complete time. senior Senator. thing to do—not the easy thing to do, MOTION TO SUSPEND The ACTING PRESIDENT pro tem- not the expedient thing to do, but what We have an amendment No. 4765, pore. The Senator from Kansas. is the right thing to do? And he tries to which is a motion to suspend the rules

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.020 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10245 and consider the amendment, and I will The PRESIDING OFFICER. The mo- rate to 35 percent is not the responsible make that motion in a moment. tion is pending. thing to do given our current fiscal sit- We have before us a bill. We are going Is there a sufficient second? uation, and it would only exacerbate to spend $136 billion more than what At the moment, there is not a suffi- widening wealth inequality in America. we planned to spend before this agree- cient second. Only 3 of every 1,000 decedents have es- ment was made. We have no oppor- Mr. COBURN. I will reoffer. tates in excess of $3.5 million. tunity under regular order to offset I yield the floor. At a time when some people are seri- that with less priority, less important The PRESIDING OFFICER. The Sen- ously discussing cutting Social Secu- items. So we have an amendment for ator from Louisiana. rity, which is relied upon by so many the Senate to vote on. It is not pain Ms. LANDRIEU. Thank you, Mr. millions of Americans, how can Con- free. It is painful. But it cuts $150 bil- President. I would like to ask unani- gress consider this action to benefit lion from Federal expenditures to pay mous consent to use the general time, the top three-tenths of 1 percent of the for the additional Federal expenditures not my own 10 minutes. population? that will go out the door as a result of The PRESIDING OFFICER. There is While we don’t have an estimate of this bill. no general debate time. the savings to the Treasury from this Ms. LANDRIEU. Can I ask to use my I actually believe every one of my amendment, we do know it would save leadership time? colleagues in the Senate understands our Treasury tens of billions of dollars, The PRESIDING OFFICER. The Sen- the jam we are in. Where I am confused which we need to help continue unem- is that when we bring cuts to the floor, ator does not have leader time. Ms. LANDRIEU. OK. Then I will use ployment insurance, Social Security, not only do they not vote for the cuts, and other critical programs. they do not offer alternative cuts. And 1 minute of my time out of the 10 I have. Whether one agrees with this amend- you really cannot have it both ways. ment or not, this is an amendment You cannot say you recognize the sig- The PRESIDING OFFICER. The Sen- ator is recognized. which should be debated. The Senate nificant difficulty our country is in and should have an opportunity to debate turn around and vote against somebody Ms. LANDRIEU. Thank you, Mr. President. this issue. Unless we get unanimous making an effort to get us out of that consent, the way this is currently jam and not offer other additional In just a few minutes—sometime be- fore the hour of 12—I am going to be structured, the Senate will be denied spending cuts for which to pay. We do this opportunity. Whether people sup- not have that privilege any longer. So asking for unanimous consent to cor- port it, oppose this estate tax change either the recognition of the problem is rect a mistake that was made in the or don’t know, the way the Senate real or it is not. final negotiations of this tax package, Let me describe what has happened which contains, as you know, $890 bil- ought to operate is we should have a chance to vote on this amendment. just in the last 21⁄2 years. We have run lion worth of items. It is a big bill. It a budget deficit for now 27 straight was negotiated with the White House UNANIMOUS CONSENT REQUEST months, including this month. The 2009 and the Republican leadership pri- So I now ask unanimous consent that budget deficit, as reported, was $1.4 marily, and then the Democratic lead- it be in order to call up my amendment trillion. It was actually $1.6 trillion ers had some input into it as well. No. 4787 to the motion to concur in the when you include the money we actu- What happened was—and, Mr. Presi- House amendment. ally stole from trust funds and other dent, please stop me in a minute and a The PRESIDING OFFICER. Is there items—in 2010, $1.3 trillion. On the half—there was a misunderstanding, a objection? basis of how we are going now, our terrible misunderstanding when it The Senator from Wyoming. budget deficit will probably be, in real came down to the GO Zone housing Mr. BARRASSO. I object. terms—not what is reported to the credits. All of the GO Zone package The PRESIDING OFFICER. Objec- American people but the actual fact of was put in the bill except for the $42 tion is heard. how much the debt will increase—prob- million— Mr. LEVIN. I yield the floor. ably $1.6 trillion to $1.7 trillion. How The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Who long can we continue to do that? As a ator has used a minute. yields time? matter of fact, the largest monthly Ms. LANDRIEU. OK. I will take 30 The Senator from Vermont. budget deficit ever reported was Octo- more seconds of my time—except for Mr. SANDERS. Mr. President, I 1 ber—$291 billion. the $42 million that applies to low-in- would appreciate it if at the end of 9 ⁄2 The time to act is now. If you do not come housing tax credits. So the entire minutes you could alert me, please. like what I have put up, then put some- GO Zone package—$800 million for the The PRESIDING OFFICER. The thing else up. Let’s have a debate gulf coast—was put in. This little $42 Chair will do so. about it. Let’s have an honest discus- million was left out. It was a mistake. Mr. SANDERS. Mr. President, let me sion about the problem and the pos- The only way to fix that today is to get begin by adding Senators WHITEHOUSE sible solutions. That is what the deficit unanimous consent. I will be asking for and BEGICH as cosponsors of this commission was trying to do. That is that in just a few minutes. amendment No. 4809. what a group of us, including the Presi- I thank the Presiding Officer and As I think many people know, I have dent pro tempore, are trying to do on a yield back and reserve the remainder of been extremely critical of the agree- bipartisan basis. my time. ment struck between the President and There is no longer a debate on wheth- The PRESIDING OFFICER. Who the Republican leadership. I have spo- er we are going to have to cut spending yields time? The Senator from Michi- ken out against it and I voted against in our country. Almost everybody gan. cloture just yesterday. It is one thing agrees to it. The question is, When will Mr. LEVIN. Mr. President, in a mo- to be critical of a proposal; it is an- we start? I will tell you, if this amend- ment, I am going to ask unanimous other thing to come up with a better ment passes, we will send a notice to consent that it be in order to call up alternative, and I think I have done the world that we get it. The inter- my amendment No. 4787 to the motion that today. national financial community will to concur in the House amendment. I believe the amendment I am offer- start seeing us acting as adults and no My amendment would restore the es- ing is a significant improvement over longer delaying the time at which we tate tax exemption level and top estate the agreement struck between the will start chipping and stop digging. tax rates to their 2009 levels of $3.5 mil- President and the Republican leader- We have a hole so deep we may not lion and 45 percent, respectively. It ship, and I hope very much we can get climb out of it now. The last thing we would leave all the other modifications strong bipartisan support for it. Let me want to do is make that hole deeper. to the estate, gift, and so-called gen- very briefly tell my colleagues what it So, Mr. President, I move to suspend eration-skipping transfer taxes the does. rule XXII, including any germaneness same as they appear in the underlying First, as I think most Americans ap- requirements, for the purposes of pro- amendment. preciate, at a time of a recordbreaking posing and considering amendment No. Raising the estate tax exemption deficit and a $13.7 trillion national 4765, and I ask for the yeas and nays. level to $5 million and lowering the debt, it makes very little sense to be

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.021 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10246 CONGRESSIONAL RECORD — SENATE December 15, 2010 providing huge tax breaks to the tax cut for most Americans. The Making Lastly, this amendment would pro- wealthiest people in our country. It Work Pay tax credit is more stimulative, vide a $250 COLA for over 57 million drives up the national debt and forces fairer in distribution, imposes no new admin- American senior citizens and disabled our kids to pay higher taxes in the fu- istrative costs to employers and includes veterans and people with disabilities. It over 6 million public sector employees who ture to pay off that national debt. This will receive nothing from the payroll tax also includes an extension of the mid- amendment ends—it ends—all the Bush cut. And it doesn’t run the risk of under- dle-class tax cuts for 98 percent of tax breaks for the wealthiest 2 percent mining Social Security’s financing and the Americans, an extension of unemploy- of Americans beginning on January 1 economic security of working Americans . . . ment insurance for 13 months, an ex- of this year. So it addresses that issue as well. tension of the child tax credit, the What does it do with the savings? Third, this amendment addresses an- earned income tax credit, and the col- That is perhaps the most important other issue I know a lot of people in lege tax credit expansion. point I wish to make. Over the long this country have concern about; that This is the alternative many Ameri- term, this amendment would devote is, the estate tax giveaway in the un- cans wish to see. It creates jobs, cuts half the revenue raised by this provi- derlying bill, by inserting in its place the deficit, and it is much fairer than sion—by eliminating the tax breaks for the 2009 estate tax rate for 2 years. the underlying bill we will vote on. the top 2 percent—to reduce the deficit. Let’s be clear. The estate tax only ap- MOTION TO SUSPEND Half that money goes to deficit reduc- plies to the top three-tenths of 1 per- With that, I move to suspend rule tion, which I hope appeals to many of cent. What we are doing now is not XXII for the purposes of proposing and my Republican friends who have con- lowering estate tax and raising exemp- considering amendment No. 4809 to the sistently and appropriately talked tions which only benefit the very House message to accompany H.R. 4853, about high deficits and the danger of wealthiest people in this country; what and I ask for the yeas and nays. those high deficits to this country. we are doing now is bringing us back to The PRESIDING OFFICER. The mo- Half the savings by eliminating tax the 2009 estate tax rates for 2 years. tion is pending. breaks for the wealthy goes to deficit Further, this amendment addresses Is there a sufficient second? reduction. What does the other half go an issue that, to me, is very important, There is a sufficient second. to? It seems to me that while we The yeas and nays were ordered. and I know to many Members here, be- should be and must be concerned about Mr. SANDERS. Mr. President, I yield cause we had a lot of support for it the deficit, we must also understand we the floor. when I brought up this amendment last continue to be in a major recession. The PRESIDING OFFICER. The Sen- week. As the Presiding Officer well Millions of our fellow Americans are ator from Montana is recognized. knows, our seniors who are on Social unemployed. We have to do everything Mr. BAUCUS. Mr. President, I yield Security and disabled vets have not re- we can to create decent-paying jobs myself 4 minutes under the leader’s ceived a COLA in the last 2 years. A lot and put those people back to work. time. What the other half of the savings of those folks are trying to get by on The Senate is about to pass a bill does is invests in our infrastructure. I $14,000, $15,000, $16,000 a year. What this that should significantly bolster our don’t have to tell anybody here our in- amendment also includes is a $250 economic recovery. The bill we are frastructure is crumbling. So it will go COLA for over 57 million American about to pass will cut rates for fami- to repairing our roads, our bridges, senior citizens, veterans, and persons lies. It will reauthorize unemployment schools, dams, culverts, housing, and with disabilities. Without this provi- insurance. It will extend the child tax transforming our Nation’s energy sec- sion, seniors, as I mentioned, would be credit and the college tuition tax de- tor. We need to put billions of dollars going through their second year with- duction. It will extend the research and into building a 21st century rail sys- out a COLA, and I think that is unfair. development tax credit and accelerate tem. When we do that, we not only cre- Further, of course, this amendment depreciation for businesses. It will cut ate jobs now—and this is the fastest would keep all of what I consider to be payroll taxes for workers. way I know to create jobs—we make the positive aspects of the President’s These are important provisions. But our country more productive and inter- agreement with the Republicans. Obvi- the bipartisan leadership did not in- nationally competitive in the future. If ously, it would extend middle-class tax clude several other important items we do not build our infrastructure, if it cuts for 98 percent of Americans. It which I think deserve special atten- continues to crumble—and the engi- would extend unemployment insurance tion. neers out there tell us we need trillions for 13 months. It would extend the I worked hard to include these provi- of dollars of investment—we are going child tax credit, earned-income tax sions in the bill we just passed. But to lose our place in the global econ- credit, college tax credit expansions in- some on the other side of the aisle omy. So we have to invest in infra- cluded in the Recovery Act. worked to prevent their inclusion. structure. Half the savings does just So I think what we are doing is These are commonsense provisions and, that. bringing forth a far better proposal frankly, I cannot imagine how any In addition, this amendment replaces than the agreement struck between the Senator could oppose them. the payroll tax holiday with a 1-year Republicans and the President. One provision I want to highlight extension of the Making Work Pay Let me summarize. It ends tax this morning is the provision to repeal credit. In other words, we are giving breaks for the rich, uses half that the 1099 reporting requirements. Small targeted tax breaks to the middle money for deficit reduction and half businesses across America were dis- class, not reducing payroll taxes for that money to create millions of jobs appointed that this provision was not millionaires and Members of Congress. rebuilding our crumbling infrastruc- included in the bill. I am talking about This proposal would not endanger So- ture. It would replace the payroll tax the repeal of the recently expanded cial Security and, in fact, it would go holiday, which many people have con- form 1099 information reporting re- to the people who most need it. It cerns about; diverting money away quirements. Surprisingly, some on the would be a lot fairer because lower in- from Social Security with a 1-year ex- other side of the aisle blocked inclu- come people would do better. Upper in- tension of the Making Work Pay cred- sion of a provision to repeal these re- come people would not get it. it—much more targeted to low- and quirements. It also addresses a concern I think moderate-income people, not to Mem- I included a repeal of these require- many Americans have; that is, divert- bers of Congress and the richest people ments in the tax alternative the Sen- ing money away from the payroll tax in this country and not threatening So- ate voted on earlier this month. Sen- endangers the long-term solvency of cial Security. ator SCHUMER included repeal of this Social Security. As Eric Kingson, the This amendment would strike the es- provision in his alternative, as well. cochair of the Strengthen Social Secu- tate tax proposal in the underlying Several measures to repeal the new rity campaign, an organization rep- bill, and insert the 2009 estate tax rates rules have received bipartisan support. resenting tens of millions of senior for 2 years. That is a much fairer pro- Frankly, repeal of this reporting re- citizens and workers, recently said: posal than giving even more tax breaks quirement ought to be a no-brainer. Extending and expanding the Making Work for the very wealthiest people in this The new rules take effect at the be- Pay tax credit is far superior to the payroll country. ginning of 2012. That means many

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.023 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10247 small businesses will soon begin spend- for the purpose of offering my motion would have had. But even with that, ing money to gear up for them. Small to permanently extend the current in- the estimates are that this could cost businesses in Montana and across this dividual income tax rates, finally re- 850,000 jobs to let this tax re-emerge. Nation should not need to spend their peal the death tax once and for all, and We must commit ourselves to recov- time and money to fill out more gov- permanently patch the alternative ering from our years of overspending, ernment paperwork. Instead, we should minimum tax. overtaxing, and overreaching. The let them focus on staying in business, I know a lot of work has gone into American people deserve better. They growing their business, and creating this tax compromise. I appreciate the told us so in the November elections. jobs. fact that both sides have worked so MOTION TO SUSPEND Many small business owners have hard to strike a deal. While I appre- According to rule V of the Standing contacted me about this provision. ciate the efforts that have been made, Rules of the Senate, I move to suspend Many are puzzled that some Repub- I am concerned that the bill currently rule XXII for the purpose of proposing licans now appear to oppose repeal in under consideration does not perma- and considering amendment No. 4804 to private, after having advocated repeal nently extend tax rates and, thus, will permanently extend the 2001 and 2003 in public. I can understand why small have a marginal, if any, benefit to our individual income tax rates, perma- businesses are puzzled and, frankly, I economy. nently repeal the estate tax, and per- don’t see how any Senator can oppose Temporary rates make for a tem- manently patch the alternative min- repeal. I intend to keep working on be- porary, uncertain economy. My sub- imum tax. I ask for the yeas and nays. half of America’s small businesses to stitute amendment ensures a long-term The PRESIDING OFFICER. Is there a see that this unrealistic reporting re- stable economic environment for sufficient second? quirement is repealed. Americans to create jobs, buy a home, There is a sufficient second. UNANIMOUS CONSENT REQUEST—H.R. 4849 invest their assets, save for retirement, The yeas and nays were ordered. Mr. President, I ask unanimous con- and preserve their family farm or busi- Mr. DEMINT. Mr. President, I reserve sent that the Finance Committee be ness. the remainder of my time and yield the discharged of H.R. 4849; that the Senate We need to stop and consider what we floor. proceed to its immediate consider- are doing to our country and to our The PRESIDING OFFICER. The Sen- ation; that the Senate agree to the economy. We are the premier free mar- ator from Louisiana is recognized. Baucus amendment to repeal the form ket economy in the world. Yet almost Ms. LANDRIEU. Mr. President, how 1099 reporting requirements, which is all of our Federal tax rates are tem- much time do I have remaining? at the desk; that the bill, as amended, porary. I have been in business most of The PRESIDING OFFICER. Seven be read the third time and passed; that my life, and I understand a lot about minutes. Ms. LANDRIEU. I will take two of the motions to reconsider be laid upon how free markets work, how businesses them now and then reserve the remain- the table, and that this all occur with- plan—usually in a 5- or 10-year window, der of my time. We only have, under out intervening action or debate. looking at their bottom line. How The PRESIDING OFFICER. Is there many people can they afford? Can they the agreement arrived at between objection? build a new plant? Now they are look- Leader REID and Leader MCCONNELL, 15 Mr. BARRASSO. Mr. President, re- ing at whether or not to do it in the minutes to correct this mistake. At 12 serving the right to object, as the United States or all over the world. o’clock, we are going to have to vote Chairman knows, Senator JOHANNS of But now in our country, we have a on several issues. This is not one of Nebraska has proposed a Republican al- temporary, uncertain Tax Code that them because this is not an amend- ternative on this issue. Would the Sen- makes it very difficult for businesses ment; this is a mistake. I only have 15 ator amend his request to substitute to plan. And it is not just with the Tax minutes to correct it. I will try to ex- the Johanns language? Code. For the last several years, we plain again how important it is. Mr. BAUCUS. Mr. President, I thank have waited until December to tell doc- There are $890 billion worth of my good friend from Wyoming. I can- tors what we are going to pay them to amendments and projects in the bill we not agree to amend my request in that see Medicare patients the next year. are about to vote on. Within that, way because of the excessive cuts in How do they plan their staff and their there is a package of $800 million in GO appropriated spending in the Johanns offices? We know some have already Zones, which was put together by me amendment. It is way beyond repeal of laid people off, not knowing what they and my colleagues from the Gulf Coast. the 1099 requirements. It is a totally are going to get paid next year. We fashioned it and created it. We are different animal. Therefore, I cannot Free markets, free enterprise works proud of it. It was supposed to be part agree. within a framework of a rule of law, of this much larger package. Lo and be- Mr. BARRASSO. Mr. President, I ob- where people know what their taxes hold, all of it found its way in—except ject. will be, what the laws will be, what the for $42 billion for low-income housing. The PRESIDING OFFICER. Objec- regulatory environment will be. But in That was the only thing left out of the tion is heard. America today, if we take this com- GO Zones. Senator VITTER, myself, Mr. BARRASSO. I thank the Chair. promise, almost all of the tax rates are Senator SHELBY, Senator SESSIONS, The PRESIDING OFFICER. The Sen- either 1 year or 2 years, and then peo- Senator WICKER, and Senator COCHRAN ator from Louisiana is recognized. ple can expect them to go up or change. have cosponsored a one-line provision. Ms. LANDRIEU. Mr. President, I see We cannot operate the world’s larg- This isn’t an amendment to the bill; it Senator DEMINT here. I know he has est economy in this type of environ- is a provision to fix a mistake that has time allocated to him. I also have 81⁄2 ment. Washington does not have a tax been acknowledged by the Finance minutes left. I want to make sure I will revenue problem, it has a spending chair, and actually by the Republican be able to retain my 81⁄2 minutes. problem. We must let all working negotiators. They meant to include it, The PRESIDING OFFICER. The Sen- Americans keep their hard-earned but they didn’t because in order to in- ator from Louisiana has 7 minutes re- money, not just for a year or two, but clude it, the low-income housing tax maining. allow people actually to look out and credits to build these units have to go Ms. LANDRIEU. I wish to retain that see, can they make those car payments to 2012. Everything else in the bill is 7 minutes after Senator DEMINT for 4 or 5 years? Can they make those 2011. But they knew if they didn’t ex- speaks. house payments for 15, 20, or 30 years? tend it to 2012 that we can’t build these The PRESIDING OFFICER. The Sen- They need to know what their tax rates projects, and these projects and their ator from South Carolina is recognized. are going to be. financing will be in jeopardy. Mr. DEMINT. Mr. President, I have a We must repeal the immoral death There are 77 projects across the gold motion at the desk. tax once and for all. It is zero this coast for seniors, for the disabled, and The PRESIDING OFFICER. The mo- year, but the proposed compromise will for the working poor. These projects tion is pending. have it at 35 percent for any estate are transforming the city of New Orle- Mr. DEMINT. Mr. President, in a mo- over $5 million next year. That may ans, the gulf coast, Waveland, and Bi- ment, I will move to suspend the rules sound like a much better deal than we loxi, not just for the people living there

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.024 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10248 CONGRESSIONAL RECORD — SENATE December 15, 2010 but for the neighborhoods surrounding the tax compromise from one year to two. its has played an important simulative role them. The White House and congressional leaders in the rebuilding of the Gulf Coast. These tax Finally, Mr. President, Tim Geithner from both parties should support their ef- credits have fostered development in dev- supports this as does Secretary Dono- forts. astated areas and have enabled the return of President Obama and congressional leaders people who love their communities and who van support it. have pledged to support the rebuilding of our are the drivers of local economies through- Mr. President, I will reserve my time region, and our region needs the two-year ex- out the Gulf Coast. GO Zone projects have in hopes that before my time is up we tension of Go Zone credits to make sure im- created jobs and stimulated the economic re- can get this fixed. portant recovery projects get done. The covery in these areas. In New Orleans, spe- The PRESIDING OFFICER. Who White House and Congress need to make sure cifically, the tax credits have played a cen- yields time? the extension to 2012 is approved. tral role in leveraging the financing needed to complete the rebuilding of the Big Four The Senator from Louisiana. [From the New York Times, Mar. 2, 2010] Ms. LANDRIEU. Mr. President, how public housing developments: St. Bernard, AN ESSENTIAL FIX C.J. Peete, Lafitte, and B.W. Cooper. The re- much time do I have remaining? The recession dealt a devastating blow to vitalized developments have not only spurred The PRESIDING OFFICER. The Sen- the post-Katrina rebuilding effort in the Gulf activity surrounding construction and will ator has 3 minutes remaining. states, where scores of affordable housing restore essential affordable housing, but Ms. LANDRIEU. I thank the Chair. projects have been placed in jeopardy. Con- have also encouraged the establishment of Mr. President, I see the Senator from gress can revive the rebuilding effort by ex- new businesses and improved civic life Montana, the Finance Committee chair tending the deadline for a tax credit program around these developments. on the Senate floor, along with Mr. that is supposed to encourage developers and Since the beginning of the Administration, investors to take on these desperately need- President Obama, Vice President Biden, Dr. KYL, the Senator from Arizona, who ed projects. Jill Biden, 13 other members of the Cabinet, has been one of the chief negotiators Nearly all affordable rental housing in this and numerous agency heads, assistant secre- on the package, and the Senator from country is built with federal tax credits. taries, and other senior level administration Louisiana, Mr. VITTER. Before we get After Hurricanes Katrina and Rita, Congress officials have visited New Orleans and the to the time allotted for voting, I would allotted Louisiana, Mississippi and Alabama wider Katrina- and Rita-impacted area to see like to say again how important it is to more than $300 million in low-income hous- firsthand the scale of the recovery chal- try to get this provision and the under- ing tax credits, slightly more than two- lenges that remain. Our respective agencies lying bill corrected. It is a technical thirds of which has been used. At first, these have made significant investments of staff credits, and projects, were hotly sought and funding to support the recovery efforts. correction that we are asking for to after. Demand dropped sharply as corporate Many of these programs continue to provide allow a placed-in-service date to be ex- profits fell and businesses had smaller and meaningful resources to disaster survivors tended from January 1, 2012, to Janu- smaller tax liabilities. and the communities being rebuilt. Through ary 1, 2013—a 1-year extension to finish As the economy has improved, interest in these visits, we have come to recognize the the low-income housing projects that the credits seems to be picking up in many dire impact that failing to extend this tax are underway not only in New Orleans places—but not in the Gulf. That’s partly be- credit would have on Gulf Coast commu- but along the gulf coast. cause of a provision in the Gulf Opportunity nities and individual families, many of whom Zone law that requires projects in the region Mr. President, I ask unanimous con- were the hardest hit by Hurricanes Katrina to be ready for occupancy by the end of this and Rita and the recent recession. Not ex- sent to have printed in the RECORD a year. That leaves just 10 months—instead of tending the GO Zone placed-in-service date Times-Picayune editorial dated today the 18 months that investors like to see—for would result in a major setback for the re- in support of this and a New York the deals to be sealed and the housing built. covery, and would impact public housing Times editorial of March 2, as well as a Projects that miss the ready-for-occupancy residents, business, and communities. It letter of support from Secretary Dono- date, because of all-too-common weather would be unconscionable to let the work that van and Secretary Geithner testifying delays or construction problems, would lose has created so much progress, and so much to the importance of these projects. the tax credit. hope, go unfulfilled. Senator MARY LANDRIEU, a Democrat of There being no objection, the mate- We will continue to urge members of Con- Louisiana, has introduced an amendment gress to extend the GO Zone placed-in-serv- rial was ordered to be printed in the that would extend the occupancy date by ice date and stand firmly behind such an ex- RECORD, as follows: two years. Unless Congress moves quickly to tension. We are confident that with your [From the Times-Picayune, Dec. 15, 2010] pass it, the Gulf states could potentially lose help we will see the extension signed into financing for more than 70 housing projects EXTEND GO ZONE TO 2012 law, and with it, continued economic activ- and 6,000 units of affordable housing. The ity and community revitalization in the New Orleans and other parts of South Lou- loss would be especially devastating for New Katrina affected Gulf Coast. isiana will likely lose important recovery Orleans, which is desperately short of hous- Sincerely, projects, including thousands of prospective ing for the low-income workers who are es- TIMOTHY F. GEITHNER, housing units, if Congress fails to extend the sential to the city’s service economy. Secretary of the Treas- Gulf Opportunity Zone tax credits for two The more Congress dithers, the more likely ury. more years. it becomes that tax credit investors will look SHAUN DONOVAN, The credits, which were created after Hur- outside the Gulf states for places to put their Secretary of Housing ricane Katrina to foster investment in our money. This is an easy fix—and a critical and Urban Develop- region, require housing financed by Go Zone one. ment. bonds to be ‘‘placed in service’’ by Dec. 31. Ms. LANDRIEU. Mr. President, I But the collapse of credit markets in 2008 MARCH 2, 2010. and delays in public and private financing Hon. MARY L. LANDRIEU, would like to ask at this time if Sen- meant that many important projects could U.S. Senate, ator BAUCUS and then Senator KYL and not get under way early enough to meet that Washington, DC. then Senator VITTER might comment— deadline. DEAR SENATOR LANDRIEU: Thank you for I see them on the Senate floor—about The tax compromise negotiated this month your letter of February 25, 2010, regarding the importance of getting this fixed by the Obama administration and congres- the extension of the Gulf Coast Opportunity and the likelihood of us doing it today sional Republicans would extend portions of Zone (GO Zone) Low Income Housing Tax the Go Zone credits, but only for one year Credit (LIHTC) placed-in-service date. Please and what might happen as we move for- That’s not enough to make many projects be assured that the Administration under- ward. viable. stands the critical need for the extension of Senator BAUCUS. Metro area officials and housing advocates the GO Zone tax credits, and also the nega- Mr. BAUCUS. I think our colleague say about 2,800 housing units could be at risk tive impact that failing to extend the credits has the floor to speak. in metro New Orleans alone if only a one- would have on New Orleans and other com- The PRESIDING OFFICER. The Sen- year extension is granted. That includes munities impacted by Hurricanes Katrina ator from Louisiana. plans to redevelop some of the former Big and Rita as they continue recovery efforts. Mr. VITTER. I thank the Chair, and Four housing projects, which have been de- You should also be assured that the Adminis- I certainly join my colleague from molished and are set to be replaced by tration supports an extension of 2 years to Louisiana in stressing the importance mixed-income, lower-density housing. That December 31, 2012, of the GO Zone placed-in- of this second year of a GO Zone exten- would not only leave many low-income New service date and is committed to working sion and look forward to continuing to Orleanians without housing options, it also with Congress to see that the extension is would cost construction jobs. enacted as soon as possible. work with all of these folks in getting Louisiana Sens. MARY LANDRIEU and DAVID As you mentioned in your letter, the eco- that done absolutely as soon as pos- VITTER are trying to change the extension in nomic activity spurred by the GO Zone cred- sible in 2011.

VerDate Mar 15 2010 05:11 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.026 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10249 I emphasize one major point, which is tunity. I don’t know when that is ex- am encouraged, Mr. President, from that this is not a new benefit to fund actly, but it is something that should what I have heard from the Senate Fi- new projects which were never envi- be placed high up, near the very top. nance Committee chair and the chief sioned when the GO Zone was initially Ms. LANDRIEU. Sometime in Janu- negotiator on tax issues on the Repub- created. This is simply an extension to ary or February? lican side that they recognize this is a fund those crucial projects which were Mr. BAUCUS. Well, I hope. The Sen- technical correction. They recognize it at the center of this provision from the ator knows how this place operates, is limited to low-income housing. They very beginning and that have taken but it is certainly very, very, very recognize the importance of these longer than was initially forecast be- early. projects, and they have committed to cause of labor and other shortages Ms. LANDRIEU. Senator KYL? working on fixing this as early as pos- after Hurricane Katrina. So this is sim- The PRESIDING OFFICER. The Sen- sible in the next Congress. I think that ply a time extension to get the very ator from Arizona. gives it a glimmer of hope. Mr. KYL. I thank my colleagues for same crucial projects done, not to add We would not get unanimous consent bringing this issue to the attention of on to that list. today because there remain objections the Senate. Senator VITTER brought These projects are extremely impor- on the other side of the aisle, but I this matter to my attention as the bill tant, including the wholesale renova- think we can move forward with con- was being wrapped up, as a matter of tion and reconstruction of four major fidence knowing Senator KYL is good fact, and I told him at that time that housing projects in New Orleans post- on his word and Senator BAUCUS is while we could not provide an exten- good on his word and they will try to Katrina that are being done using a sion longer than the one in the tax bill, dramatically different and better I would work with him early in 2011 to fix this at the earliest possible date. I thank the Senator from Arizona model—mixed income, lower density— help these projects obtain the nec- and the Senator from Montana. not the old-style housing projects from essary extension. I say the very same The PRESIDING OFFICER. The Sen- the 1940s and 1950s which were, in my thing to the senior Senator from Lou- opinion, a horrible social experiment. ator’s time has expired. isiana today. The Senator from Oklahoma. So I certainly join this effort, and I I also share the confidence of the have been working with all of these chairman of the Finance Committee MOTION TO SUSPEND folks to try to get this second year ex- that we will find an appropriate tax Mr. COBURN. Mr. President, I move tension in this tax bill. Unfortunately, bill early in 2011 to include this change, to suspend rule XXII, including any we weren’t able to do that because of a which I agree we all view as a technical germaneness requirements, for the pur- general decision that was apparently change, that will allow this special fi- poses of proposing and considering made that none of the extenders would nancing to be used as Congress in- amendment No. 4765, and I ask for the go beyond the end of 2011. But working tended it. yeas and nays. with these folks, and particularly Sen- Ms. LANDRIEU. Mr. President, I The PRESIDING OFFICER. The Sen- ator KYL, we came to an agreement have a question for Senator KYL. ator’s motion is pending. Is there a suf- that we would absolutely work to in- The PRESIDING OFFICER. The Sen- ficient second? There appears to be a clude this in the first possible tech- ator from Louisiana. sufficient second. nical corrections or other measure that Ms. LANDRIEU. Is it his under- The yeas and nays are ordered. would be keyed up in early 2011. standing now, having had several con- The Senator from Montana. I thank everyone, particularly my versations with Senator VITTER and Mr. BAUCUS. Mr. President, I ask Republican colleague, JOHN KYL, for myself, that this technical correction unanimous consent that all subsequent that willingness and that commitment, is perceived only to be limited to the 77 votes after the first vote be 10 minutes and I look forward to getting that done low-income housing, mixed-income in duration; further, that prior to the at the earliest possible moment. projects through the gulf coast? Is that vote on the motion to concur there be Ms. LANDRIEU. Mr. President, I his understanding? 2 minutes for debate equally divided would like that time charged to the Mr. KYL. Mr. President, I would say and controlled between the two leaders other side. to the Senator from Louisiana that I or their designees. Senator BAUCUS. don’t know technically whether it is 77 The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- or 42 or whatever, but we have all dis- objection, it is so ordered. ator from Montana. cussed the fact that it is limited to Mr. INOUYE. Mr. President, this Mr. BAUCUS. Mr. President, both the those projects that are started but amendment is based on the absurd Senators from Louisiana have stated couldn’t be completed within the 1- premise that the unemployment insur- the case very well and, frankly, this is year extension and, therefore, would ance benefits piece alone must be paid not a typical extender. This is just a require the second extension, and it is for, lest we contribute to the deficit. very important proposal where the limited to this area, yes. Never mind that this entire package placed-in-service date has to be Ms. LANDRIEU. And is it the Sen- contributes $858 billion to the deficit, changed because projects beyond the ator’s intention to push for a tax bill? of which only $51 billion is accounted year could not be put in place the sec- He was so successful in pushing this for by the UI extension provision. It is ond year. So it is not a traditional ex- tax bill forward. Is it his intention to clear that this amendment is not about tender where we extend for 1 or 2 years do that in early January, mid-January, deficit reduction; rather, it is about at- some other provision. This is more in early February? tacking programs that make a real dif- the nature of what was started in the Mr. KYL. I would say to my col- ference to the everyday lives of our first year gets accomplished in the sec- league that I asked the chairman of the constituents. Meanwhile, this amend- ond year, and that is why this 1-year Finance Committee: How quickly do ment leaves the tax benefits to the add-on is so important. you think we could do this? He gave me wealthiest Americans, those who need I will work with the Senators and the the same answer he just gave you: Yes, the least assistance, completely intact. Finance Committee, when we bring up as soon as we can, but it is hard to Let me be clear. There are a few legislation next year, to do our very make a commitment about a tax bill ideas proposed in this amendment that best to make sure this provision is in- coming to the floor. make some sense. However, as part of cluded so we can help these people who As I also told the senior Senator the Appropriations Committee’s an- are desperately in need of housing in from Louisiana, there are some other nual and ongoing oversight responsibil- Louisiana. reasons we have to act quite quickly ities, the committee has already re- Ms. LANDRIEU. Does the Senator next year in dealing with some tech- scinded unobligated balances from have any idea about the time? I would nical fixes to other aspects of the tax those programs or reduced their fund- like to see if Senator KYL can say a bill. So there are other reasons to act ing for fiscal year 2011 as part of the word on this because his views are very quickly as well as this particular situa- fiscal year 2011 omnibus, which the important. tion. Senate will consider this week. Every Mr. BAUCUS. I will add that my view Ms. LANDRIEU. Well, I would just recommendation in the omnibus was would be at the earliest possible oppor- say—with about 30 seconds left—that I made in collaboration with Republican

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.027 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10250 CONGRESSIONAL RECORD — SENATE December 15, 2010 members of the Appropriations Com- would severely hamper the President’s become quickly apparent that this mittee, based on a detailed analysis. ability to coordinate critical economic strategy is penny wise and pound fool- These decisions were not made rashly, security and national security pro- ish. These are all ongoing projects, pre- nor because they might sound good in grams across the entire Federal Gov- viously funded by this or prior Con- a press release. ernment. It would be particularly dev- gresses. It would not make economic Too often when the Senate debates astating considering that the rest of sense to stop these projects. Demobili- cuts in unobligated balances, the pro- the Federal Government would also be zation costs and costs to make these ponents want to ignore the con- shedding a significant number of staff construction sites safe for the public sequences of their recommendations under the Coburn amendment, leaving could end up costing more than con- and focus on broad generalizations. But agencies currently managing the eco- tinuing the projects. in reality these cuts can cause serious nomic crisis and our national and These are just a few examples of the problems. Accordingly, let me high- homeland security programs not only damage that would be done if this reck- light the impact of a few of the pro- short-staffed but also in chaos due to less amendment was actually agreed grammatic cuts proposed by the Sen- minimized leadership. to. But I would conclude by saying that ator from Oklahoma. The Coburn amendment also would every Member of this Chamber who For example, this amendment would eliminate the State grant for the Safe supports the tax cut deal should vote require each Department to cut its and Drug-Free Schools Program. The against the amendment being offered workforce by 10 percent over 10 years, Congressional Budget Office has pre- by the Senator from Oklahoma for the without considering the impact of the viously recommended this action. How- simple reason that it seeks to change cuts. It seems as though Federal work- ever, this suggestion comes a year too the tax package, which reflects an ers have become the newest punching late. The Committee on Appropriations agreement between the Republican bag for a few of our colleagues. FDA removed $295 million in funding for the leader and the President of the United staff, necessary to ensure that the food State formula grant funding from the States. The Republican leadership we eat and the drugs we take are safe 2010 appropriations bill. There is no signed off on this deal because many of and effective, would be cut by nearly funding for the State grants program the provisions they wanted were in- 1,000. The staff of the Food Safety and in the 2011 bill. The Appropriations cluded in exchange for a 13 month ex- Inspection Service would be cut by an Committee has already made this cut. tension of unemployment insurance additional 1,000. These cuts are irre- The Coburn amendment would also benefits with no offset. I would cer- sponsible and would put the American rescind $4 billion in fiscal year 2011 for tainly hope that they will stand by public at unnecessary risk at a time of U.S. development and humanitarian their agreement. Mr. President, this amendment would breakthrough medical research when programs in the world’s poorest coun- do serious damage to many necessary important new drugs are being pro- tries, from Haiti to Afghanistan. This would cut funding for programs for ref- government programs. Unobligated duced and must be monitored. When does not mean excess or unnecessary. I ugees and victims of natural disasters more of our food supply is coming from urge all my colleagues to reject the from Darfur to Pakistan; it would af- around the world, preventing contami- Coburn amendment. nation is more important than ever. fect global health programs including Mrs. HUTCHISON. Mr. President, I More than 95 percent of the 280,000 HIV/AIDS prevention and treatment am voting for the Coburn motion to employees of the Department of Vet- that mean life or death for millions of suspend the rules to allow the Senate erans Affairs either work for the Vet- people; and it would weaken programs to consider his amendment to offset ex- erans Health Administration or the to support food security and nutrition, tension of unemployment benefits be- Veterans Benefits Administration. To clean water, sanitation, and basic edu- cause we must be able to discuss ways reduce the VA’s overall employees by cation, and to combat human traf- to start bringing down the deficit. Sen- 28,000 over 10 years would mean that ficking, in countries where 95 percent ator COBURN’s amendment provides a doctors, dentists, hospital administra- of new births are occurring and over 2 fiscally responsible way to extend un- tors, and benefits claims processors billion people barely survive on less employment insurance for out-of-work would have to be reduced. As more and than $2 per day. The short-term effects Americans and to pay for other costs more of our veterans are returning of such a reduction in funding would be contained in the tax bill. home from Iraq and Afghanistan, this severe, the long-term effects would be With the underlying agreement in is not the time to be cutting their serv- devastating, and ultimately it would the tax bill to extend current tax rates ice providers. exacerbate global problems that di- for 2 years, individuals and businesses This amendment would require a re- rectly affect U.S. security. will have more certainty on tax policy. duction of 600 to 800 Government Ac- The amendment proposes to rescind This is needed to spur economic growth countability Office staff, as well as a funds focused on returning contami- and job creation. Senator COBURN’s reduction in travel that is necessary nated sites to productive use. The amendment takes the next important for the GAO to conduct audits and Brownfields Program has a track step to begin reducing spending to deal evaluations. Travel is critical to GAO’s record of successfully restoring dam- with the deficit. The Senate deserves ability to meet the requirements of aged properties—often in physically an opportunity to debate and vote on Congress. and economically distressed neighbor- the Coburn amendment so that we can Rescinding funds from the FBI, DEA, hoods—to sources of economic growth, begin this process. ATF, and U.S. Marshals will not pre- creating jobs for lower income people I spoke with Senator COBURN about vent waste, fraud, and abuse. Instead, in the process. Many of our cities are an item in his amendment that would cutting funding for these agencies among those communities hardest hit rescind NASA funding for Constella- means cutting agents who are serving by the economic recession. Now is not tion systems. I strongly oppose this on the front lines keeping our Nation the time to stall the cleanup of provision, which would significantly safe from terrorist threats and cyber brownfields. disrupt the authorization law we attacks, reducing the flow of drugs, This amendment authorizes the Sec- passed in September. NASA is ex- and combating gun-related violence retary of the Army in consultation pressly continuing some elements of along the southwest border, strength- with other Federal agencies to deter- the Constellation program such as the ening immigration enforcement, and mine the definition of ‘‘low priority’’ crew exploration vehicle in order to keeping children safe from sexual pred- Army Corps projects. This appears to shorten the time for building the new ators. That is the real impact of this be code for those projects not requested launch vehicle that will propel human proposal. in the President’s budget. Since when space exploration beyond Earth orbit. The 15-percent budget cut to the Ex- has the administration been the only Terminating those contracts before ecutive Office of the President might source of wisdom for determining fund- they can be transitioned to support the sound reasonable, but it would cut key ing decisions? If there is surplus fund- new direction Congress has mandated staff of the Council of Economic Advis- ing available, we should ask the Corps would force NASA to start over, delay- ers, the National Security Council, and to identify those funds and propose ing development of the new launch ve- the Homeland Security Council. This them for rescission. However, it would hicle, greatly increasing its costs to

VerDate Mar 15 2010 03:43 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.028 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10251 the American tax payer. It could also Inhofe McCain Shelby VOTE EXPLANATION jeopardize the full use of the space sta- Isakson McConnell Thune Mr. MERKLEY. Madam President, I Johanns Nelson (NE) Vitter tion for scientific research. Senator Kyl Risch Wicker rise today to provide a brief expla- COBURN has agreed to revisit this provi- LeMieux Roberts nation of my absence during the vote sion in the future, in an effort to as- Lugar Sessions on the motion to proceed to the Reid- sure scientific integrity. NAYS—63 McConnell Tax Relief, Unemployment All time has expired. The question Akaka Franken Murkowski Insurance Reauthorization and Job now is on agreeing to the Coburn mo- Baucus Gillibrand Murray Creation Act of 2010 on December 13. tion to suspend with respect to amend- Bayh Hagan Nelson (FL) I was not in the Senate Chamber for Begich Harkin Pryor the vote because I was traveling back ment No. 4765. The yeas and nays have Bennet Inouye Reed been ordered. Bingaman Johnson Reid from Oregon, where I had a previous The clerk will call the roll. Boxer Kerry Rockefeller commitment earlier in the day to par- Brown (MA) The bill clerk called the roll. Kirk Sanders ticipate in a major summit of the lead- Brown (OH) Klobuchar Schumer ing businesses and political leadership Mr. DURBIN. I announce that the Cantwell Kohl Shaheen of Oregon looking at ways to revive the Senator from Alaska (Mr. BEGICH) is Cardin Landrieu Snowe necessarily absent. Carper Lautenberg Specter Oregon economy. Casey Leahy Stabenow As I stated publicly prior to the vote, The PRESIDING OFFICER. Are there Collins Levin Tester had I been present I would have voted any other Senators in the Chamber de- Conrad Lieberman Udall (CO) against moving forward on the tax cut siring to vote? Coons Lincoln Udall (NM) Dodd Manchin Voinovich proposal under the circumstances. The The yeas and nays resulted—yeas 47, Dorgan McCaskill Warner package that was brought to the floor nays 52, as follows: Durbin Menendez Webb will add nearly $1 trillion to the na- [Rollcall Vote No. 273 Leg.] Feingold Merkley Whitehouse Feinstein Mikulski Wyden tional debt and includes major compo- YEAS—47 The PRESIDING OFFICER (Mrs. nents—particularly bonus tax cuts for Alexander DeMint Lugar millionaires and billionaires—that the HAGAN). On this vote, the yeas are 37, Barrasso Ensign McCain Congressional Budget Office has found the nays are 63. Two-thirds of the Sen- Bayh Enzi McCaskill to be one of the least effective means Bennett Graham McConnell ators voting, a quorum being present, of creating jobs. I could not support Bond Grassley Murkowski not having voted in the affirmative, Brown (MA) Gregg moving to this flawed package without Risch the motion is rejected. Brownback Hagan Roberts an opportunity to offer amendments to Bunning Hatch Sessions Under the previous order, the ques- Burr Hutchison fix it. Shelby tion is on agreeing to the Sanders mo- Chambliss Inhofe I continue to strongly support tax Snowe Coburn Isakson tion to suspend with respect to amend- Tester cuts for working families and the reau- Cochran Johanns ment No. 4809. The yeas and nays have thorization of unemployment benefits, Collins Kirk Thune been ordered. Vitter and other provisions in this bill that Corker Kyl The clerk will call the roll. Voinovich would be useful to create jobs and help Cornyn LeMieux The assistant legislative clerk called Crapo Lincoln Wicker families and small businesses. But I the roll. cannot support a bill that forces those NAYS—52 The yeas and nays resulted—yeas 43, same working families and small busi- Akaka Gillibrand Nelson (FL) nays 57, as follows: Baucus Harkin Pryor nesses to shoulder responsibility for [Rollcall Vote No. 275 Leg.] Bennet Inouye Reed billions more in debt while continuing Bingaman Johnson Reid YEAS—43 too many of the policies that drove our Boxer Kerry Rockefeller Akaka Franken Reed Brown (OH) Klobuchar Nation into record deficits and caused Sanders Begich Gillibrand Reid Cantwell Kohl financial distress for millions of work- Schumer Bingaman Harkin Rockefeller Cardin Landrieu Shaheen Boxer Inouye ing families. Carper Lautenberg Sanders Specter Brown (OH) Johnson Mr. HATCH. Madam President, I Casey Leahy Schumer Stabenow Cantwell Kerry Conrad Shaheen have always pledged to the people of Levin Cardin Klobuchar Coons Udall (CO) Specter Utah that I would fight any tax in- Lieberman Carper Landrieu Dodd Udall (NM) Stabenow Manchin Conrad Lautenberg crease that gives Washington more of Dorgan Warner Tester Menendez Coons Leahy their hard-earned money to spend. Al- Durbin Webb Udall (NM) Merkley Dodd Levin Feingold Whitehouse Warner lowing middle-class families, small Mikulski Dorgan Menendez Feinstein Wyden Murray Durbin Merkley Whitehouse businesses, and investors to keep more Franken Nelson (NE) Feingold Mikulski Wyden of what they earn, while denying this NOT VOTING—1 Feinstein Murray government hundreds of billions in new Begich NAYS—57 tax revenue to spend, is the right thing to do. The PRESIDING OFFICER. On this Alexander DeMint Manchin Barrasso Ensign McCain Opposing this bill is tantamount to vote, the yeas are 47, the nays are 52. Baucus Enzi McCaskill supporting massive tax increases that Two-thirds of the Senators voting, a Bayh Graham McConnell threatens our economic future. If this quorum being present, not having Bennet Grassley Murkowski tax relief expires, Utah would lose an voted in the affirmative, the motion is Bennett Gregg Nelson (NE) Bond Hagan Nelson (FL) average of 6,200 jobs each year and rejected. Brown (MA) Hatch Pryor household disposable income would Under the previous order, the ques- Brownback Hutchison Risch drop by $2,200. Over 150,000 Utah fami- tion is on agreeing to the DeMint mo- Bunning Inhofe Roberts Burr Isakson Sessions lies would be hit with the alternative tion to suspend with respect to amend- Casey Johanns Shelby minimum tax. Small businesses would ment No. 4804. The yeas and nays have Chambliss Kirk Snowe see their marginal tax rates go up by been ordered. Coburn Kohl Thune as much as 24 percent and our GDP The clerk will call the roll. Cochran Kyl Udall (CO) Collins LeMieux Vitter would take almost a 2 percent hit. The legislative clerk called the roll. Corker Lieberman Voinovich I say to my colleagues in the House The yeas and nays resulted—yeas 37, Cornyn Lincoln Webb who want to change this proposal to nays 63, as follows: Crapo Lugar Wicker impose more taxes on American fami- [Rollcall Vote No. 274 Leg.] The PRESIDING OFFICER. On this lies, you act not only at your own YEAS—37 vote, the yeas are 43, the nays are 57. peril, but that of the American people. Alexander Chambliss Ensign Two-thirds of the Senators voting, a You had 4 years to stop these tax Barrasso Coburn Enzi quorum being present, not having hikes, but refused. If you change this Bennett Cochran Graham voted in the affirmative, the motion is package for the worse now, with only 2 Bond Corker Grassley rejected. weeks left in this Congress, I will do Brownback Cornyn Gregg Bunning Crapo Hatch Under the previous order, amend- everything in my power to ensure your Burr DeMint Hutchison ment No. 4754 is withdrawn. changes never pass the U.S. Senate.

VerDate Mar 15 2010 05:11 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.005 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10252 CONGRESSIONAL RECORD — SENATE December 15, 2010 Some argue, why not wait until after Mr. BAUCUS. Madam President, the puts the United States on a path to- January when Republicans control the debate over the bill we have before us ward energy independence. And sup- House to get a better deal. I appreciate can be boiled down to one simple thing: porting renewable power projects today that position, but that is a gamble I jobs. Extending middle-class tax cuts supports even more jobs manufacturing am not willing to take. Democrats will will help create jobs. Not extending wind turbines and solar panels tomor- retain control of the White House and middle-class tax cuts would cost jobs. row. That is why I am working hard the Senate they will simply drag their Jobs must be our No. 1 priority. And so with leaders in my State to bolster feet while blaming conservatives. The we must pass this bill. long-term growth in the wind sector by collateral damage of inaction will be We know cutting taxes for middle- bringing wind manufacturing jobs to hard-working families who will see class families is one of the most effec- Montana. Today, Montana is poised to lower paychecks starting on January 1. tive ways to grow our economy. When begin a significant expansion of the Experts point to the damage to the working folks keep more of their hard- generation capacity of our wind re- economy, but I am as concerned about earned money, they pump it back into sources. Montana’s wind energy re- the damage to the budgets of Utah our economy and support jobs. sources rank in the top 5 in the United families. In this case, tax relief denied This bill also includes a number of States, but our State is ranked No. 18 to all those families, if delayed indefi- other important provisions designed to in installed capacity. The extension of nitely, could be tax relief denied. create jobs, and I would like to take a the 1603 grant program will make Mon- I also want to mention the death moment to focus on one of those provi- tana’s wind-generation expansion pos- tax—an insidious tax that dispropor- sions—the 1603 grant program that sible, creating an ideal situation for a tionately hits small businesses and makes resources available for renew- wind turbine or component manufac- family farms. This year it was fully able power development. turing facility. phased out. From my viewpoint, that is The 1603 grant program provides re- Madam President, we need an energy the right policy. But, if we don’t act, newable energy companies with money policy that puts America back in con- on January 1 it goes back up to what it up front to cover 30 percent of the costs trol. Extension of the 1603 grant pro- was in 2000—a $1 million threshold and of renewable power facilities, such as gram is just one example of a common- a top rate of 55 percent. The proposal wind farms and solar projects, and that sense policy that will create jobs, ramp before us today includes the bipartisan means jobs. up American energy production, and Lincoln-Kyl compromise. According to a study by the inde- help us build a wind energy industry in That bipartisan proposal puts in pendent Lawrence Berkeley National Montana, and across America, that will place a $5 million threshold—$10 mil- Laboratory, the 1603 grant program is be a cornerstone of our Nation’s energy lion per couple—and a top rate of 35 responsible for saving 55,000 American independence. percent. When Republicans were in jobs in the wind industry alone. Mr. LEVIN. Madam President, when control in 2006, we couldn’t even get It is estimated that 1603 is respon- the Senate invoked cloture on this bill this proposal through Congress. So this sible for helping to produce as many as yesterday evening, and adopted the is a pretty good deal and to my friend 2,400 megawatts of wind power—about procedure used after cloture, those of from Arizona, Senator KYL, I applaud a quarter of all wind power installed in us who oppose portions of this bill lost his efforts. If Congress fails to act, on any opportunity to address the prob- 2009. This includes projects such as the January 1, 10 times the number of es- lems we see and seek to repair them. I Glacier Wind Farm near Shelby, MT. tates will be hit, including 13 times as Before 1603, producers had to rely on voted against the motion to invoke clo- manner farm-heavy estates. Wall Street investors to fund their re- ture because I hoped that, if the clo- If I had my way, all the income tax ture motion failed, the Senate would newable energy projects through a rates would be made permanent—that have a chance to consider a better bill, complex system known as tax equity is the kind of certainty our economy and to improve it through the tradi- financing. Through tax equity financ- and job creators need. Furthermore, I tional method of debate and amend- ing, Wall Street firms would invest in would never extend some of the so- ment. called temporary tax provisions that renewable power projects in exchange That did not happen. look like tax relief, but in reality are for tax credits. When Wall Street col- I have spoken, as have others, about little different than welfare through lapsed in 2008, this system of financing the defects of this proposal. Its tax the Tax Code. Far too much new spend- collapsed along with it, threatening cuts are unwisely skewed toward the ing is mislabeled as tax relief. Thank- the future of American renewable wealthy, including an estate tax provi- fully, some of those provisions were power. sion that would benefit a few thousand dropped, like the so-called build Amer- So we created 1603 grants in the Re- of our most fortunate taxpayers at ica bonds tax credit. We also should covery Act to bypass Wall Street and great cost to the Treasury. These bene- pay for this extension of unemploy- provide cash directly to renewable fits for the wealthiest among us will ment insurance so it doesn’t add to the power developers. As a result, most ex- not, despite the claims of our Repub- debt. perts have credited the 1603 program lican colleagues, help our economic re- Lastly, to those who believe that in- with saving the wind industry—and the covery. Nearly everyone says that stead of this proposal, we should be un- good-paying American jobs that go should be our top priority, and it dertaking wholesale tax reform: you along with it. should be. As a host of economists are absolutely right. We need to reform The tax equity financing market has across the ideological spectrum have our Tax Code to broaden the base while begun to recover. But tax equity fi- demonstrated, tax cuts for the well-to- lowering rates to make our economy nancing is still much more expensive do have little impact on economic more competitive. But we don’t have than that provided under 1603, and 1603 growth. time to reform the code before January also provides a greater bang for our It is not just that these benefits for 1. As the next lead Republican on the taxpayer buck. By cutting out expen- the wealthiest will have no positive Senate Finance Committee, I will lead sive Wall Street middlemen, 1603 pro- impact on our economy. What is worse, the fight to simplify the Tax Code, and vides grants directly to energy devel- the upper income tax cuts and estate cut back on out-of-control Washington opers to support energy projects and tax provisions that Republicans sup- spending. Once we stop these tax hikes, jobs. And 1603 supports smaller projects port would add more than $100 billion we can then begin the long-overdue na- that wouldn’t have otherwise been fi- to the national debt over the next 2 tional discussion about how best to nanced by Wall Street. years. Republicans in this Chamber re- overhaul our overly burdensome and Industry experts predict that extend- peatedly tell us that the 2010 election inefficient tax system. ing the 1603 grant program will result was a call for more fiscal restraint. Yet The bottom line is that this package in 45,000 new American jobs in 2011 in their most significant action following is not perfect. But it does at least one the wind and solar industries alone and that election has been to insist upon very important thing it allows the many more in the geothermal and bio- tax cuts for the wealthy paid for with American people to keep more of their mass. billions of dollars in borrowed money. hard-earned money and not hand it Supporting renewable power also It is not just the inconsistency of our over to the Federal Government. helps put America back in control and Republican colleagues that I find so

VerDate Mar 15 2010 03:45 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.034 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10253 troubling. It is that in pursuit of their accept it if we have the will to debate cilities to remain competitive with goal, they are holding hostage progress and amend this legislation and are other forms of renewable energy, sav- for the American people, not just on willing to stay through the end of this ing jobs that are seriously at risk. tax cuts, but on a range of other cru- year to do it. The damage to our fiscal Second, I am concerned that the deci- cial issues. They tell us they will not situation and to Social Security, and sion by the drafters to strike language support tax provisions that help work- the damage done by continued inequal- added to the Tax Code by the American ing families unless we also include ity these tax cuts would perpetuate, is Recovery and Reinvestment Act could huge giveaways for the wealthy. They unacceptable. Beyond that, I believe it lead to unnecessary confusion regard- tell us we cannot continue emergency would be a mistake to allow Repub- ing certain wood stoves. unemployment benefits unless we also licans to succeed in their irresponsible For example, the bill strikes lan- give several times the cost of those brinkmanship, blocking aid to working guage that I sought in ARRA to clarify benefits to the wealthiest 2 percent of families and the important other busi- how the thermal efficiency of residen- Americans. They tell us we cannot pro- ness before the Senate in order to se- tial wood and wood-pellet stoves should vide tax relief to help businesses grow cure benefits for the wealthiest Ameri- be measured for purposes of the tax and add workers unless we also give cans. credit in section 25C. That tax credit away more borrowed money to the I fully expect that my Republican was created by the Emergency Eco- wealthy. colleagues will soon be urging this And there is more. Republicans have nomic Stabilization Act of 2008, which body to rein in the debt. Already, we did not specify a methodology for de- filibustered the defense authorization have seen proposals that would seek to bill, crucial legislation for the good of termining thermal efficiency. The IRS remedy our Nation’s fiscal crisis by has issued guidance directing that the our troops and their families, because dramatically cutting crucial programs, we have not yet passed tax cuts for the ‘‘lower heating value’’ methodology including Social Security. It is not a should be used, which is consistent wealthy. They blocked consideration of stretch to suggest that the cost of this the New START treaty, a treaty sup- with industry practices and with our bill alone will lead some to argue that ported by past presidents and secre- intent to ensure that the credit is Congress must enact more and deeper taries of state of both parties, a treaty available for efficient and clean-burn- cuts to essential programs, including that will make our Nation and the en- ing wood and wood-pellet stoves. Social Security—all so that we can tire globe safer and more secure. In an Removing the reference to the ‘‘lower give away money the government does extraordinary letter, all 42 Senate Re- heating value’’ from the code serves not have to the wealthiest few. little purpose. Certainly, however, it publicans have said they will not allow We must stand up and fight against the Senate to consider any legislation, does not mean that this commonsense an approach that would sacrifice aid to no matter how important, until we methodology is precluded, nor does it the vast majority of Americans on the give billions in borrowed money to the require the IRS to revisit its method- altar of unaffordable tax cuts for the wealthy in the form of tax cuts. ology. I hope that my comments today Despite the flaws in this bill and the wealthiest among us. I believe that will help avoid confusion about the use process by which it comes before us, it time should be today. And so I will of the ‘‘lower heating value’’ method- has a number of strengths. Greatest vote against this legislation. ology with respect to this tax credit. Ms. COLLINS. Madam President, on among them is the extension of emer- Finally, I am disappointed that the Monday, the Senate took an important gency unemployment benefits. In my bill does not hold the line on a tax step toward extending critical tax re- State and others, thousands of Ameri- credit for corn-based ethanol and some lief for all Americans by approving clo- cans are without work through no fault other special interest provisions. The ture on the Reid-McConnell amend- of their own, and they and their fami- corn-based ethanol tax break is ex- ment, by an overwhelming vote. This lies are depending on us to give them traordinarily expensive, costing some bipartisan vote is encouraging and the support they need. These benefits $6 billion in subsidies from taxpayers demonstrates that Members of this are not just critical to those families, annually according to the Congres- body can work together, with the but they also have a highly stimulative sional Budget Office. Over recent years President, to do what is reasonable and impact on the economy. Extending the we have also seen food and feed prices right to address the economic chal- UI program is the right thing to do. We rise as crops have been diverted to first lenges our Nation continues to face. need to do it, and we can do it yet this generation biofuel production. In addi- year, if we stay here and continue As with any compromise, however, the bill is not perfect, and I would like tion, corn-based ethanol mandates working, as we should, right through to present an environmental concern as the new year. to note for the record several—al- though not all—of the items I believe they could result in energy efficiency But even some of the positives in this losses and increased emissions of air legislation have significant drawbacks. should have been handled differently. First, I am concerned about the fail- pollutants, because mechanical failures The 2 percent payroll tax cut would be can jeopardize the effectiveness of welcomed by working families, and ure to include an extension of the pro- duction tax credit for existing open- emission control devices and systems could help the economy grow. But it installed on engines. would also cost the Treasury more loop biomass facilities. This credit is Of course, a bill without these flaws than $110 billion in borrowed money critical for preserving renewable en- would have been preferable, but with next year. While some argue that ergy and forestry jobs in Maine and the economy still weak, and with un- might still be an acceptable price for across the United States, and an exten- employment persisting at nearly 10 boosting economic growth, I believe it sion of this credit was included in pre- percent nationally, now is not the time is very unlikely that Congress will vious tax proposals. According to the to be raising taxes, and this bill averts have the will to let that tax cut expire American Forest & Paper Association one of the largest tax increases in his- next year. Already, some of our Repub- and the Biomass Power Association, tory. America needs jobs—not higher lican colleagues are talking of making since the start of 2008, at least 35 paper the cut permanent. That money, other- mills have permanently closed and taxes. wise lost to the Social Security trust more than 75 other facilities have expe- In September, I first urged my col- fund, must come from somewhere, and rienced market-related downtime. In leagues and the administration to I am concerned that it will come from the biomass sector this year, six facili- come together around this 2-year com- cuts to Social Security or other essen- ties have closed, three in Maine and promise that will get us through the tial programs. three in California, and more are under recession and send a strong signal to We can support middle-class families, the threat of closure. the business community to invest and job-producing businesses and the unem- The bill would be improved by ex- create jobs. I am pleased that the Sen- ployed without unleashing the damage tending the tax credit period for exist- ate has acted to give families some this legislation would do to our budget ing open-loop biomass facilities, as confidence and business owners some and to economic justice. called for by Senator BILL NELSON’s certainty. I cannot accept the price Republicans amendment, which I have cosponsored. I encourage my colleagues in the want to extract from us. We need not This amendment would allow these fa- Congress and the President to use this

VerDate Mar 15 2010 03:45 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.036 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10254 CONGRESSIONAL RECORD — SENATE December 15, 2010 2-year period to undertake comprehen- It helps save and create green jobs by work, their creativity, their ingenuity sive tax reform to make our system extending what’s known as the 1603 should be applauded and admired. fairer, simpler, and more progrowth. Treasury grant program, widely cred- People who work hard and prosper, Mr. MENENDEZ. Madam President, I ited with maintaining strong growth in they love their country too, and they rise to support the tax cut package be- the renewable energy sector in 2009 and are in the best position to be helpful to fore us today to help middle-class fami- 2010, despite the severe economic down- our nation in this tough economic lies and workers hit hardest by this turn, and has saved tens of thousands time. economy, and that is exactly what this of jobs in the wind and solar industries. Many of them are willing to con- bill will do. It will ensure that middle- I worked hard to restore this par- tribute if we ask, and we know from ex- class taxes don’t go up January 1, that ticular provision because it has pro- perience that reverting to the tax rates laid-off workers can provide for their vided more than $66 million in grants the wealthiest and most successful paid families while they continue to look to fund 155 solar projects in New Jersey during the Clinton era of prosperity did for work, that an average household in alone. not hurt our economy. my home State will receive $1,400 in And most importantly, for those who This package certainly is not ideal. Let me be perfectly clear, I do not payroll tax relief, and it will protect 1.6 are unemployed, it includes a long- think we should be giving the wealthi- million middle class New Jerseyans overdue 13-month extension of Federal est Americans, those who are the most from a surprise alternative minimum support for 99 weeks of unemployment able to share in the sacrifice needed in tax hike of up to $5,600. insurance for workers who have lost today’s economy, even more in tax cuts This is an important moment for the their jobs during this economic down- just to keep taxes from increasing on middle class in America. turn, something our Republican col- the middle class. But that is the hand This is a time to come together, like leagues fought against all year, a help- we have been dealt. We had votes on the Senate did last night, to ensure ing hand they refused to extend unless extending middle class tax cuts, and we this bill passes and our economic re- the rich got even more in tax cuts, could not garner enough Republican covery continues. Many families are even though extending unemployment support to pass them. sitting around the kitchen table at benefits is a policy that most econo- Now the decision is not whether or night wondering how they can afford to mists agree is one of the most effective not to support tax cuts for the wealthy. feed and clothe their children, much measures to create jobs. The decision before us today is whether less buy gifts for them during this holi- It helps small business owners by cre- we are going to stand up for the middle day. ating the largest temporary invest- class and protect them from the tax in- Middle class families are wondering ment incentive in American history by crease that is looming 2 weeks from how they are going to pay the mort- allowing businesses to expense all of now. gage. How they are going to pay the their qualified investments in 2011. The bottom line is that this package tuition for their college-bound children Estimates from the Treasury Depart- meets our priority on this side of the next semester. ment indicate this could generate more aisle, of making a real difference in the I will vote for this package, not be- than $50 billion in additional invest- lives of middle class families affected cause I agree with every provision, par- ment in the U.S. next year. by layoffs, families struggling to make ticularly those that give bonus tax The bill includes a provision I co- ends meet, and, in the process, help breaks to the wealthiest and most able sponsored to incentivize restaurant further stimulate our fragile economy, to sacrifice during this economic reces- owners to upgrade their facilities by rather than allow it to slide back into sion, but because it will help families extending for 2 years a provision that recession. in my State and across this country allows them to write off their costs If we can achieve that, then this who really do need our help. much faster than they could otherwise, compromise is well worth it. I will vote for this package because, 15 years as opposed to 39 years. I hope that those on the other side at its core, it is a middle-class tax re- And it helps small business owners who have shamelessly stood for putting lief package. by extending for 2 years the research more money in the pockets of million- I will vote for it because it extends and development tax credit which aires and billionaires regardless of the tax relief of more than 3,000 for a typ- incentivizes companies to create jobs cost, regardless of the fact that doing ical working family and doubles the in America by giving them a tax credit so has failed to create jobs, will not child tax credit from $500 to $1,000. for qualified research spending. come back a year or 2 years from now I will vote for it because the $120 bil- The R&D tax credit is truly a jobs and have the audacity to blame this lion payroll tax cut is an effective way credit with 70 percent or more of the administration or members on this side to create jobs and increase the con- credit attributable to salaries and of the aisle for fiscal irresponsibility, sumer demand sorely needed by our wages of U.S. workers performing re- that we will never again be lectured Nation’s businesses. search in the United States. I have co- about deficits by those who demand I will vote for it because it includes a sponsored legislation to make this billions of dollars in deficit spending 2-year extension of the alternative credit permanent, and I hope we will. for the heir of estates worth more than minimum tax relief legislation, which I Unfortunately, our friends on the $5 million. That is what a Republican world sponsored, so 1.6 million New Jerseyans other side of the aisle decided that if looks like. It is a world of blue smoke will not face an additional tax bill of we were going to pass a bill to help the and mirrors in which they tell us we up to $5,600. middle class, it could not move without can see castles, kingdoms, an economy I will vote for this package because it additional benefits for the wealthiest. that is not real and jobs that are not preserves transit benefits to New Jer- In order for us to help the middle there. sey commuters. This provision, which class, we are being asked by our Repub- The negotiations to get to this point was not included in the original deal, lican colleagues to give millionaires an revealed much about the priorities of but I worked hard to restore, will allow additional windfall. each party, and frankly the tactics em- commuters to receive up to $230 in In order to pass an extension of des- ployed by my Republican colleagues do transit benefits tax free. perately needed unemployment bene- not sit well with me and many of my It extends the low-income child tax fits as emergency spending, we must fellow Democrats. credit and earned-income tax credit to also pass a windfall for estates worth But the bottom line is that most of ensure that a working family with more than $5 million. my colleagues recognize, as I do, that three children could continue to re- Yes that is correct, apparently now this package will make a real dif- ceive a tax cut of more than $2,000. Republicans believe you must offset ference in the lives of middle class fam- It helps students and their parents by help for laid-off workers with estate ilies struggling in difficult economic extending the partially refundable tax cuts for the heirs of millionaires circumstances. American opportunity tax credit, and billionaires. And I believe it will have strong sup- worth up to $2,500, that helps 8 million Now, people who have worked hard port, that it will benefit millions of av- students and their families cover the and built personal wealth should be ap- erage Americans who simply want us cost of tuition. plauded for their success. Their hard to do what is right for them.

VerDate Mar 15 2010 03:45 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.037 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10255 It is my hope that this package is the lion to our deficit. My Republican quest. I also spoke last night about the last time we will be forced to cut a deal friends love to talk about the deficit, urgent need to fix an IRS reporting for the wealthy just to protect middle- but when it came time for them to provision for small business—— class families. make a decision, cutting the deficit The PRESIDING OFFICER. The Sen- I listened with great interest to the took a back seat to giving tax breaks ator’s time has expired. words of the President when he spoke to people who do not need them. Ms. STABENOW. I ask unanimous about tax reform recently. We have an In the future, I hope my Republican consent for another 10 seconds to offer opportunity to reform the Tax Code, to colleagues will match their actions to a unanimous consent request in order simplify what has become a nightmare their rhetoric, and start working with to set aside the second-degree amend- for millions of Americans, to get rid of us to bring down the deficit. ment to the Reid-McConnell substitute so much preferential treatment for spe- Clearly, we Democrats disagree with to offer an amendment No. 4773 that cial interests currently in the code, our Republican colleagues about where would repeal the 1099 reporting require- and to lower income tax rates for ev- we should be focusing our efforts in ment for small business. erybody. this tough economy. We think we The PRESIDING OFFICER. Is there We should have a Tax Code that re- should be focusing on the middle class, objection? flects the general interests of the they think we should be giving more Mr. KYL. I object. American people, not one that forces benefits to the wealthiest among us, The PRESIDING OFFICER. Objec- the less politically connected to pay even if those benefits add to the def- tion is heard. more in taxes than those with powerful icit. Mrs. MURRAY. Madam President, I allies. But despite our disagreements, we ask for the yeas and nays. And I expect that the next time this were able to reach a compromise. Be- The PRESIDING OFFICER. Is there a issue comes up, we will not be dis- cause that is what the American people sufficient second? There is a sufficient cussing whether or not to extend the want us to do: find common ground, second. failed tax policies of the Bush adminis- and reach solutions that will benefit Under the previous order, the ques- tration, but how to best simplify the our middle class. tion is on agreeing to the motion to Tax Codes so tax rates for everybody The framework agreed upon by Presi- concur in the House amendment to the can be reduced permanently and re- dent Obama and Senate Republicans Senate amendment to H.R. 4853 with might not be the approach I would sponsibly. amendment No. 4753. Mr. REID. Madam President, in have taken. But with millions of Amer- The yeas and nays have been ordered. times like these, we cannot afford to ican families still struggling to make The clerk will call the roll. play games with the economic security ends meet, it is our responsibility not The legislative clerk called the roll. of middle-class families in Nevada, and to let the perfect be the enemy of the The result was announced—yeas 81, good. I know our counterparts in the across America. nays 19, as follows: House will pass this bill quickly so This bill is not perfect, but it gives [Rollcall Vote No. 276 Leg.] that we can get it to the President’s those families the boost they so des- YEAS—81 perately need. It will create 2 million desk as soon as possible, and give mid- dle-class Americans a little more peace Akaka Dodd McCaskill jobs, according to an estimate by the of mind this holiday season. Alexander Durbin McConnell Center for American Progress. For Ne- Barrasso Enzi Menendez The PRESIDING OFFICER. Under vadans, the energy tax cut provisions Baucus Feinstein Mikulski the previous order, there will be 2 min- Bayh Franken Murkowski will create as many as 2,500 jobs in Ne- utes of debate equally divided and con- Begich Graham Murray vada alone, at a time when jobs are so Bennet Grassley Nelson (NE) trolled between the two leaders or Bennett Gregg Nelson (FL) badly needed. their designees. This bill will cut taxes for middle- Bond Hatch Pryor The Senator from Michigan. Boxer Hutchison Reed class families and small businesses. It UNANIMOUS CONSENT REQUESTS Brown (MA) Inhofe Reid Brown (OH) contains a $120 billion payroll tax re- Ms. STABENOW. Madam President, Inouye Risch duction, which will give the average Brownback Isakson Roberts as we proceed to this important final Bunning Johanns Rockefeller middle-class family a tax cut of $1,200. vote, there are two provisions I strong- Burr Johnson Schumer It extends the college tax credit to help ly believe ought to be in this bill. They Cantwell Kerry Shaheen Cardin Kirk Shelby more Americans get the education and are bipartisan provisions. I came to the skills they need to compete. And it will Carper Klobuchar Snowe floor yesterday to offer a unanimous Casey Kohl Specter ensure that Americans who are still consent on both of those. Unfortu- Chambliss Kyl Stabenow looking for work will continue to have nately, our Republican colleagues were Cochran Landrieu Tester the safety net they rely on to make Collins LeMieux Thune not on the Senate floor, so out of a Conrad Lieberman Vitter ends meet. courtesy I did not proceed. But I will Coons Lincoln Warner It is unfortunate that my Republican now at this point. Corker Lugar Webb colleagues drew this process out so Cornyn Manchin Whitehouse The advanced energy manufacturing Crapo McCain Wicker long. While we ultimately were able to tax credit, 48C—a strong bipartisan ef- reach a compromise, there was one fort to make sure we are making NAYS—19 point that Republicans refused to com- things in America, creating over 17,000 Bingaman Hagan Sessions Coburn Harkin promise on: they were dead set on de- jobs in 43 States across the country, Udall (CO) livering huge tax breaks to people who DeMint Lautenberg Udall (NM) leveraging $7.7 billion in private in- Dorgan Leahy Voinovich do not need them, no matter what. vestment,—should be included in this Ensign Levin Wyden Warren Buffett recently came for- Feingold Merkley bill so when we talk about energy and Gillibrand Sanders ward and said, I don’t need a tax cut. new innovation, we are making it in Give it to the person who’s serving America. The motion was agreed to. lunch. This is just common sense. In Therefore, I ask unanimous consent Mr. DURBIN. Madam President, I tough times, we should concentrate our to set aside the second-degree amend- move to reconsider the vote. efforts on helping the people who need ment to the Reid-McConnell substitute Mrs. LINCOLN. I move to lay that it most. Not only will it help them to offer amendment No. 4775, an motion on the table. more, but they are more likely to amendment to extend the 48C advanced The motion to lay on the table was spend the money and help grow our energy manufacturing tax credit. agreed to. economy. The PRESIDING OFFICER. Is there Mr. AKAKA. Madam President, with Unfortunately, this debate also re- objection? our vote today on the Tax Relief, Un- vealed that my Republican colleagues Mr. KYL. I object. employment Insurance Reauthoriza- would rather talk about the deficit The PRESIDING OFFICER. Objec- tion, and Job Creation Act of 2010, we than actually do anything to bring it tion is heard. have passed legislation that will have down. The giveaways to millionaires Ms. STABENOW. Madam President, I profound short- and long-term con- that they fought for will add $700 bil- have a second unanimous consent re- sequences for our nation. I supported

VerDate Mar 15 2010 03:45 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.009 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10256 CONGRESSIONAL RECORD — SENATE December 15, 2010 this measure once it became the only Americans that we have just impru- Dick led the reshaping of U.S. policy available option to provide much-need- dently extended, as well as the tem- in South Asia during a difficult transi- ed help to American families. I, how- porary estate tax and payroll tax holi- tion period. He charged headfirst into ever, have deep concerns with other as- day provisions in the bill. Fiscal dis- the maelstrom of Afghanistan and pects of this bill, and I extend my sup- cipline must be maintained. I am pre- Pakistan 7 years after the conflict port for it with strong reservations. pared to make hard choices to restore began, raising key and sometimes un- Our economy has not yet recovered and preserve our country’s long-term popular questions about our efforts from the downturn that began over 2 economic security. Until then, I am there. Not infrequently, the press years ago. Hawaii’s foreclosure rate in pleased that we were able to help the would report about his combative style October of this year was the 12th high- unemployed and working-class through and another heated exchange with est in the Nation. In November, Hawaii this extension of expiring tax provi- some foreign leader. But in Dick’s final saw a 49-percent increase in consumer sions and unemployment benefits, and hours, his wife Kati Marton received bankruptcy filings compared to the that is why I supported this bill. calls of sympathy from Afghan Presi- same month in 2009, the second largest f dent Karzai and Pakistani President increase in the country. These are Zardari, which says a lot about Dick. REMEMBERING RICHARD strong indications that people in Ha- My thoughts and prayers are with HOLBROOKE waii cannot sustain an increase in Kati and Dick’s sons and stepchildren their tax obligations. We cannot allow Mr. LEAHY. Madam President, it is and with Dick’s loyal staff at the De- taxes to rise on the workingclass when with deep sadness that I speak in mem- partment of State during this sad time. so many homeowners are already un- ory of a dear friend, Ambassador Rich- I and others here have lost a dear able to afford their mortgages and con- ard Holbrooke, who died Monday at the friend. The American people have lost sumers are unable to meet their out- far-too-early age of 69. one of the greatest diplomats of our standing debt obligations. I first met Dick years and years ago, time, an extraordinary man who loved One major cause of these problems is long before he held his most recent this country and devoted his life to it unemployment, and I would not have post of Special Envoy for Afghanistan as much as any person could. been able to support this legislation and Pakistan. We had so many con- I yield the floor. had it not included a 13-month exten- versations, meetings, and trips over sion of unemployment benefits. Fami- the years, as his career progressed, par- f lies and individuals across Hawaii and ticularly during the war in the former the Nation need these benefits to help Yugoslavia. MORNING BUSINESS pay their rents and mortgages while Dick’s skillful diplomacy that ended The PRESIDING OFFICER. Under they search for a job, and parents need the siege of Sarajevo and finally ended the previous order, there will now be a this assistance to put food on the table that war is legendary. Nobody else period of morning business, with Sen- and provide for their children. I refuse could have done what he did. He was ators permitted to speak therein for up to abandon these people. That is why I motivated above all by compassion, in- to 10 minutes each. supported this bill. tent on stopping the suffering of inno- The Senator from New Mexico is rec- I regret that we were unable to pro- cent people who were being terrorized ognized. vide permanent tax relief for working- for no other reason than their eth- Mr. UDALL of New Mexico. Madam class Americans, families, and small nicity. President, I ask unanimous consent to businesses because their financial well- He combined the force of his convic- speak for approximately 20 minutes. being has been haplessly tied to tax tions with the force of his personality, The PRESIDING OFFICER. Without cuts for millionaires and billionaires along with his boundless energy, to do objection, it is so ordered. since the beginning of this tax debate. what others had been unable to do. Mr. UDALL of New Mexico. Madam Earlier this month, we considered two Ambassador Holbrooke did not accept President, I ask unanimous consent fair and reasonable tax proposals—one no for an answer. that our whip, Senator DURBIN, be to permanently extend the expiring tax I remember meeting Dick in 1999. We given permission to speak after I fin- cuts for families earning under $250,000, had planned a meeting. I was in Mac- ish. followed by a compromise that in- edonia, and he was in Kosovo. It was a The PRESIDING OFFICER. Without cluded Americans earning up to $1 mil- very foggy, rainy day. We could not objection, it is so ordered. lion a year. These were good-faith ef- travel by helicopter, as we planned, so forts to provide help where it is most we met on a slippery, narrow road, f needed—to families and small busi- with a several-hundred-foot cliff on one REMEMBERING RICHARD nesses that, unlike the millionaires side. We sat together on the hood of a HOLBROOKE and billionaires out there, do not have car and he described what he had ob- the financial security to weather the served. He told me what he believed Mr. UDALL of New Mexico. Madam recession. Unfortunately, both were de- needed to be done. It was fascinating President, I wish to echo the comments feated by a minority of my colleagues because Dick put everything into per- of Senator LEAHY on Ambassador and instead we have been forced to spective as only he could. Holbrooke. My sense was, Ambassador maintain fiscally irresponsible Bush- It is fair to say we took advantage of Holbrooke was a remarkable diplomat era tax policies through the legislation that unlikely meeting to reminisce and and public servant. I got to see him that we have just passed. laugh about other times and places, both when he was in his public position When these tax cuts were enacted at some of which were just as unlikely. and a private position. He was always the beginning of this decade, I called it This was one of those rare conversa- dedicated to peace in the world. I re- ‘‘irresponsible fiscal policy.’’ I cor- tions that makes an unforgettable im- member reading his book, ‘‘To End a rectly predicted that the upper income pression on you—most of all because it War,’’ which was about the Balkans, tax breaks would lead to an explosion was Dick Holbrooke. He was so pas- and sharing it with my father and my of the deficit and leave a mountain of sionate, so animated, yet with a deter- father having discussions with him on debt for future generations. At the mination and a sense of humor that the phone. He said: This diplomat, time, I lobbied for targeted tax cuts made the challenge of solving the Richard Holbrooke, is a remarkable that would stimulate economic growth thorniest of problems hard to resist. guy. and employment while preserving fis- It was in his latest position that I If you read that book, it is a classic cal discipline. heard most often from Dick, when he about bringing peace to a very difficult The national debt now stands above would call to keep me apprised of his situation. I express my heartfelt condo- $13.8 trillion. Our budget surpluses efforts to try to get the most out of our lences to his wife Kati Marton and his have long since turned into deficits. aid to Afghanistan and Pakistan. It two children, David and Anthony Difficult budget choices are now before was not an easy task. He called me on Holbrooke. I tell the family we will us. We will have the opportunity to re- weekends at my home in Vermont, and miss him very much on the inter- examine these tax cuts for the richest we would talk about it. national scene.

VerDate Mar 15 2010 03:45 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.041 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10257 WAR IN AFGHANISTAN why it is the big question: Is our pro- sibly for security to the Afghan gov- Mr. UDALL of New Mexico. Madam longed involvement in Afghanistan ernment on a time line that will per- President, I rise to discuss the Presi- worth the costs we as a nation are pay- mit us to begin to decrease our troop dential review that is taking place on ing for it? Is it worth the human cost? presence by July 2011. the war in Afghanistan. Thousands of Americans have been July 2011. That is a little more than We are approaching another signpost maimed or killed in this war so far, and 6 months from now. The American peo- in the conflict that has kept our mili- thousands more stand in harm’s way as ple deserve to know if July 2011 is still tary men and women in harm’s way we speak. Is it worth the fiscal cost? a realistic timeframe to begin our exit longer than any other in our history— Our wars in the last decade have left us from Afghanistan; and, if not, what has 109 months and counting. That is with huge deficits. And for the last dec- happened to cause a delay and how longer than the wars in Vietnam or ade, wars in both Afghanistan and Iraq long will that delay be? What will be Iraq. It is even longer than the Soviet went unpaid for. Instead of rallying the the additional costs, both human and occupation of Afghanistan in the 1980s. Nation during a time of war, asking for budgetary? The signpost I wish to speak of is one sacrifices from everyone, Congress and The bottom line is this: Without an President Obama posted when he or- two Presidents chose to pass this mas- aggressive timeline for reducing U.S. dered the troop increase in Afghanistan sive debt on to future generations—the military support in the region—a last December. first time we have done so in modern timeline that the Afghans believe is In his orders, he also called for a re- times. rock solid—there is no incentive for view of our war strategy to be con- The real issue is not what we are them to defend their villages and cit- ducted 1 year later. That review was to spending to protect our Nation but ies. With the U.S. and NATO as guaran- include: whether that spending is making us tors of security, the people of Afghani- The security situation and other condi- safer, which leads to the question: Is stan could rely on our forces to provide tions, including improvement in Afghan gov- our continued involvement in Afghani- security indefinitely. ernance, development of Afghan National Se- stan worth the cost to our larger na- Chairman LEVIN, our Armed Services curity Forces, Pakistani actions and inter- tional security priorities? Our commit- chairman here in the Senate, has given national support. ment in Afghanistan is pulling time, careful thought to the issue of a That review is due this month. energy, and funds from other equally timeline. In a recent speech to the I commend our President for his fore- important national security priorities, Council on Foreign Relations, he said: sight in calling for this review. But in priorities such as energy independence, Open-ended commitments encourage drift recent months, I have read troubling counterproliferation, and countering and permit inaction. Firm time lines demand statements from administration and terrorist activities in Yemen, Somalia, attention and force action. military leaders. These statements and many other places around the Without an aggressive timeline, lead me to believe this review is seen world. there is no exit strategy. as nothing more than a check in the That is why this review is so critical. Issue No. 2, and directly related to box. We have to decide as a Nation if our No. 1, the accelerated transition to the In a Washington Post article, an prolonged involvement in Afghanistan Afghan people. This must be an Af- Under Secretary of Defense said as is worth it, and we must decide on an ghan-led security effort. This month’s much when he stated that the review exit strategy. We have a responsibility report should update the American will not go into much more detail than to answer that big question with a people on our progress or lack thereof what is already provided to the Presi- thoroughness and honesty that honors in turning over security duties to the dent during his monthly status up- the sacrifices of our military men and Afghan National Army, the Afghan Na- dates. women. tional Security Forces, and the Afghan General Petraeus was also quoted in I believe we answer that question by National Police. the same article as saying: ‘‘I would using this signpost—by using this re- The famed British officer T. E. Law- not want to overplay the significance view—to address four key issues that rence, known to many as Lawrence of of this review.’’ will ultimately mean the difference be- Arabia, once said, with regard to the I think this approach to this review tween our success and our failure in Af- Arab insurgency against the Ottoman would be another tragic mistake in ghanistan. To me, those four issues Empire: what I fear is an ongoing series of are: our timeline for an exit strategy, Do not try to do too much with your own them. hands. Better the Arabs do it tolerably than After 9 years and $455 billion, the un- an accelerated transition to an Afghan- led security operation, corruption in they do it perfectly. It is their war, and you fortunate reality is, we are still not are there to help them. anywhere near where we want to be or the Karzai government, and safe ha- vens in Pakistan. This quote is also mentioned in the should be in Afghanistan. Anything Army Field Manual on counterinsur- less than a thorough and unflinching Let me take them one at a time. First, our timeline for an exit strategy. gency. In Afghanistan, I believe the review is unacceptable. It is unaccept- same approach can be applied. able to me, and it is unacceptable to This review should provide an honest assessment of where we are in the The Afghan security forces are not the American people. doing their job perfectly, nor should we A famed military author, Carl von timeline that President Obama laid out last year. In his speech at West Point expect the Afghan forces to match the Clausewitz, wrote a book titled ‘‘On might of the U.S. military. But to echo War,’’ which is required reading for any last December, President Obama right- ly dropped the open-ended guarantee of T. E. Lawrence, they are beginning to military professional. In that book, he do it tolerably, and I believe it is bet- wrote: U.S. and NATO involvement. Here is what he said: ter that the Afghans continue to build The first, the supreme, the most far-reach- on their new success. ing act of judgment that the statesman and The absence of a time frame for transition Combined, an aggressive timeline would deny us any sense of urgency in work- commander have to make is to establish . . . and an accelerated transition to the the kind of war on which they are embark- ing with the Afghan government. It must be ing; neither mistaking it for, nor trying to clear that Afghans will have to take respon- Afghans will help us achieve two equal- turn it into, something that is alien to its sibility for their security and that America ly important goals: first, the timely nature. This is the first of all strategic ques- has no interest in fighting an endless war in handover of security helps prove to the tions and the most comprehensive. Afghanistan. international community that the Today, our struggles in Afghanistan His order last year for the military American people do not have imperial necessitate that we again follow von mission was clear and included a ambitions in Afghanistan. As President Clausewitz’s advice. We must answer timeline based on a ‘‘accelerated tran- Obama said at West Point: the big questions about the kind of war sition.’’ In that order—quoting from We have no interest in occupying your we set out to fight and the kind of war the order—he focused on: country. we are fighting. Increasing the size of the ANSF and And second, a timely handover allows Everyone knows the big question leveraging the potential for local secu- the United States and its allies to when it comes to Afghanistan. That is rity forces so we can transition respon- bring our heroes home, and it allows us

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There happen. that has not fully supported our ef- is no doubt our Armed Forces have the This brings me to the fourth and forts, we are sending our men and ability to conduct the difficult coun- final issue: safe havens in Pakistan. women to fight in Afghanistan without terinsurgency work of clearing and For years, safe havens have been per- a true partner. We are asking them to holding. The question is whether the mitted to exist in Pakistan for insur- fight with one hand tied behind their Afghan Government has the ability to gent and terrorist forces, enabling back. build their nation and to be ready for a them to operate freely. This has been These challenges I discussed are not timely transition. That is why in his one of the worst kept secrets in the re- a secret. Each and every one of them order to the military President Obama gion, which is why President Obama has been debated, discussed, dissected, was clear when he said: stated during his West Point speech: and yet the answers remain elusive. We Given the profound problems of legitimacy We will act with the full recognition that invaded Afghanistan as a justifiable and effectiveness with the Karzai govern- our success in Afghanistan is inextricably military response to the tragic attacks ment, we must focus on what is realistic. linked to our partnership with Afghanistan. of September 11, 2001. This response Our plan for the way forward in dealing with We are in Afghanistan to prevent a cancer was overwhelmingly supported by Con- the Karzai government has four elements: from once again spreading through that gress—including myself, the public, Working with the Karzai government when country. But this same cancer has also taken and the international community. But we can, working around him when we must; root in the border region of Pakistan. That I believe today, after 109 months of enhancing sub-national governance; is why we need a strategy that works on strengthening corruption reduction efforts; both sides of the border. fighting, after more than 1,400 Amer- ican military deaths in Operation En- and implementing a post-election compact. Since 2001, the United States has sent during Freedom, almost 10,000 Amer- There is no doubt that corruption is more than $10.4 billion to Pakistan to ican military men and women injured, rampant throughout Afghanistan and, support humanitarian and security op- after $455 billion and counting ex- in particular, within the Karzai admin- erations. Despite these expenditures, pended, a good, hard, realistic assess- istration. For years, independent daily radical militant groups such as the press reports from Afghanistan, as well ment of our mission is needed. Quetta Shura Taliban and the Haqqani If our plan to succeed in Afghanistan as official U.S. Government reports, Network have continued to leverage is not yielding the results we seek, confirm corruption at all levels of Af- their freedom of movement to kill, then we must also reevaluate our plan ghan society. A recent leak of diplo- maim and disrupt our efforts and those and mission. Make no mistake, I am matic cables reveals the severity of the of our NATO allies. proud of our brave men and women in problem. These insurgent activities are nearly uniform and what they are doing there. First, let me stress I do not condone textbook—something that the Army I am equally proud of our diplomatic these recent leaks. They have need- Field Manual on counterinsurgency de- workers, aid workers, and civilians who lessly put our military and diplomatic scribes in detail as having occurred are working hard to improve the liveli- corps at risk. But these documents pull throughout the history of insurgent hoods of Afghan people. back the curtain on the scale of the warfare. I had an opportunity to meet many corruption in Afghanistan. The issue of sanctuaries thus cannot be ig- of them earlier this year on a CODEL One example in particular illustrated nored during planning. Effective COIN oper- led by my colleague Senator CARPER of the tremendous difficulty we face in ations work to eliminate all sanctuaries. Delaware. These are some of the finest our search for an honest, reliable part- With such military advice in mind, I men and women our Nation has to offer ner. That was the account in the New must ask: How do we expect to defeat to the Afghan people. But it is not York Times of former Afghanistan Vice an insurgency that is being supported their job that is in question—it is ours, President Ahmed Zia Massoud. by elements of the Pakistani military the Congress, the President, his admin- Massoud was detained after he brought and intelligence service on the other istration, the military leadership. It is $52 million in unexplained cash into side of the Khyber Pass? up to us to find the answers, to ensure the United Arab Emirates. He was al- After 9 years, why are we tolerating we have a clear, achievable mission for lowed to keep the $52 million. these safe havens? Mullah Omar, the our soldiers to carry out. Let me say that again: $52 million. leader of the Taliban insurgents, is in Today I am not sure that is the case. That is a lot of money, especially when exile in Pakistan. His followers regroup I am looking forward to hearing the you consider that his government sal- and rest in Pakistan only to cross the conclusions of the review the President ary was a few hundred dollars a month. border and fight our troops once again. called for 1 year ago. I also look for- Not only is corruption rampant in Insurgent fighters have increased their ward to hearing the President reaffirm Afghanistan—with the reports of attacks by 53 percent over the last his July 2011 deadline for an acceler- Karzai’s own brother involved in dou- quarter. And when both ISAF and U.S. ated transition to the Afghans. ble dealing and unscrupulous actions— forces are unable to infiltrate their We all must be prepared to ask the but basic government functions are base of operation, how can we expect to hard questions and demand honest an- suffering because of Karzai’s inability maintain an adequate level of security swers, regardless of the political con- to manage his own government. for the future? sequences. Our military men and In Kandahar, our military has made President Obama’s order specifically women deserve no less. this former Taliban stronghold a much spelled out assessment criteria for I yield the floor. more secure city. But despite that Pakistan. The assessment was intended The PRESIDING OFFICER. The Sen- progress, the Washington Post has re- to include the following question: ator from Illinois. ported multiple vacancies in key gov- Are there indicators we have begun to shift Mr. DURBIN. Madam President, I ask ernment positions. As an unnamed U.S. Pakistan’s strategic calculus and eventually consent to speak for 15 minutes in official stated: end their active and passive support for ex- morning business. We are acting as donor and government. tremists? The PRESIDING OFFICER. Without That is not sustainable. Thus far, Pakistan’s ‘‘strategic cal- objection, it is so ordered. We cannot be expected to indefinitely culus’’ has been overly focused on India Mr. DURBIN. Madam President, first shoulder the security or governmental and toward turning a blind eye to rad- let me commend my colleague from burdens in Afghanistan. Having a firm ical groups in Waziristan and other re- New Mexico, Senator THOMAS UDALL, timeline will put President Karzai on gions near the Afghan border. for a thoughtful presentation on a notice that he must step up his efforts Furthermore, the current position of challenge we face as Americans regard- to make this an Afghan-led effort. Our the Pakistani Government has only led less of political affiliation. It is

VerDate Mar 15 2010 03:45 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.043 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10259 thoughtful in that he reflected not ality, right? Her mom said: No, we Some of these kids will because they only on our mission and our responsi- brought you here at the age of 2 and we have made it thus far. They are deter- bility but thoughtful in that he re- never filed any papers. Her daughter mined, they are idealistic, they are en- flected on the cost, the cost in human said: What are we going to do? Her ergetic. They are just what America lives and the cost in dollars and the mom said: We are going to call DURBIN. needs. challenge we face in Congress to make So they called my office and we called Do you know what Michael sure those dollars are well spent and no the Immigration Service and when the Bloomberg, the mayor of New York, American life is wasted. I thank my conversation ended it was very clear. said about this: colleague for that thoughtful presen- Our government said to that young They are just the kind of immigrants we tation. girl: You have one choice—leave. Go need to help solve our unemployment prob- f back to Korea. lem. Some of them will go on to create new After 16 years of living successfully small businesses and hire people. It is sense- THE DREAM ACT in the United States and making a less for us to chase out the home-grown tal- Mr. DURBIN. Madam President, last great young life, our laws told her to ent that has the potential to contribute so night I was on a conference call. It was leave because she was illegal. That is a significantly to our society. an unusual one. There were 8,000 people basic injustice. It makes no sense to Will these DREAM Act students be a on this conference call. I have never hold children responsible for any drag, then, once they are part of Amer- been on a conference call like that. wrongdoing by their parents, children ica? Not according to the Congres- They were from all across the United at the age of 2 who are now going to be sional Budget Office. They concluded States of America. We spoke for a few penalized the rest of their natural life that the DREAM Act would produce minutes and then took questions. because their mother did not file a $2.2 billion in net revenues over 10 A young woman came on. She didn’t paper? Penalized because we have no years. How can that be? Because these give her name but she said, I want to process for her to have an opportunity DREAM Act students would contribute tell you who I am. I am a person who to be part of the United States? to our economy by working and paying is about to graduate from a major uni- So I introduced the DREAM Act. The taxes. These are students who are des- versity in California with a degree in DREAM Act says if you have been here tined to be successful. pharmacy and I have nowhere to go. for at least 5 years and came below the Who believes they will be successful? You see, she is a Hispanic who came age of 15 and completed high school, no Start at the Pentagon. Secretary of to the United States at an early age, serious criminal record, a person in Defense Gates has asked for us to pass brought here by her parents. She defied good moral standing ready to be inter- the DREAM Act. He has said that these the odds by finishing high school. Half viewed, speaking English, paying all bright, young, dedicated people will be of the Hispanic students do not. She the taxes and fines and fees that are great in service to America. He knows did. Then she defied the odds even more thrown your way, then if you are will- that many of them come from cultural by going to college. Only one in twenty ing to do one of two things we will give traditions of service to their country in her status actually attends college you a chance to be legal in the United and he wants that talent in the U.S. in America. Then she stuck around for States. No. 1, enlist in the military. If military and he wants that diversity in 5 years-plus to get her degree in phar- you are willing to risk your life and die our military. Fifteen percent of Amer- macy science. for America, I think you are deserving ica today is Hispanic. The number is We know for a fact we need phar- of an opportunity for citizenship. Sec- growing. Almost 10 percent of the peo- macists desperately across America, ond, if you complete 2 years of col- ple who vote in America are Hispanic everywhere, in North Carolina and New lege—which, as I say, defies the odds; it and we want to make certain our mili- Mexico and Illinois—we need phar- is a small percentage who would be tary is as strong as it can be and re- macists. Why aren’t we using the tal- able to do this—if you are able to com- flects America as it is and what we ent of this ambitious, energetic, suc- plete 2 years of college, then here is want to it be. cessful, young woman? Because she has what the bill says: We will put you in We will have a chance to vote. Sen- a 10-year conditional immigrant sta- no country. She is in America but she ator HARRY REID, the majority leader, tus. is not an American. She has no status. has said we are going to vote on the Let me translate. For 10 years you The DREAM Act, which I introduced DREAM Act this year—and we must, have no legal rights to any government 10 years ago, addresses this challenge we absolutely must. We owe it to these programs in America—not Medicaid if across America. Children, brought to young people, we owe it to their fami- you get sick, not Pell grants if you go America without a vote in the process, lies, and we owe it to this country to further in college, no student loans— children who came here and made their rectify this terrible injustice. nothing. You can stay here legally but There comes a time occasionally in lives here, grew up in America, as Sen- you cannot draw one penny from this ENENDEZ the history of this country where we ator M has said on the floor, government during 10 years after you standing up and proudly pledging alle- have finished high school and qualify have a chance to right a wrong. We giance to that flag, standing up and under this act; 10 years. fought for decades over righting the singing the Star Spangled Banner at Along the way we are going to keep wrong of slavery, the mistreatment of baseball and football games—but they an eye on you. If you stumble and African Americans. We fought for dec- know and we know that they are not fall—criminal record—you are gone. No ades to right the wrong of discrimina- Americans. They feel like Americans. exceptions; for felons, they are gone. tion against women—denied the right Many of them have never seen and Basically, we will continue to ask hard to vote under our original Constitu- don’t know the country they came questions of you as to how you are tion. We fought for decades for the from. This is their country. But be- doing. rights of the disabled in America. Each cause they were brought here not in In the version of the bill we are going generation gets its chance to expand legal status, undocumented, they have to vote on, you are going to pay a fee, the definition of freedom and liberty nowhere to turn. $500 at the outset and more later. and expand the reach of citizenship and The first time I heard about this Under that House provision, those stu- the protection of our laws. This is our issue was when a Korean woman called dents struggling to get by with no chance. This is a simple matter of jus- me in Chicago. She was a single mom right to government assistance by our tice. with three kids. She ran a dry cleaners bill will have to spend 10 years in this I have listened to some of my col- and her older daughter was a musical country. If they make it—2 years in leagues on the other side who do not prodigy, in fact so good she had been the military or 2 years of college and support it and they have said, if we accepted at the Julliard School of they finish their 10 years—then they would spend more money on border se- Music in New York. Before she went to get in line and wait 3 to 5 years more curity, then maybe, just maybe I would school she filled out the application before they can ever have a chance to be willing to give these young people a form and came to a box which said ‘‘na- be citizens. chance. tionality/citizenship.’’ She turned to It is a long, hard process that not First, if there were no border secu- her mom and she said: U.S. nation- many Americans today could survive. rity, it would not enlarge the number

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Hill, we would get our funding back, gal, undocumented, do not come across The PRESIDING OFFICER. The Sen- and it would be absolutely stuffed with that border. I have voted for the ator from Nebraska. earmarks, spending somebody’s hard- money, I voted for the fences, I voted f earned tax dollars. for the walls, I voted for everything OMNIBUS APPROPRIATIONS It is a sad commentary that a few million dollars in home State pork can they called for, and we have dramati- Mr. JOHANNS. Madam President, I often convince someone to swallow $1 cally under this President increased rise today to briefly discuss the so- trillion of government spending. Yet the border security in America and I called omnibus spending package that that is where we end up too often. It will vote for more. I will vote for more. is apparently headed this way. This looks to me like this is greased, and it I give my word to my colleagues I will. budget-busting, trillion-dollar spending I have said to Senators from those is going to happen again. The authors behemoth is nearly 2,000 pages in border States: Count on me to be with of this legislation simply missed the length, and it is laden with over 6,000 message of November 2. We should be you. But don’t hold these children hos- earmarks for various special interests. tage to that demand. Don’t hold them This is a debacle that could have passing appropriations bills that actu- hostage to that demand because border been avoided. Today is the 349th day of ally rein in spending instead of dou- security in and of itself has nothing to this year. There are only 16 days until bling down, spending more, and adding do with justice for them. the end of the year. There are only 10 to the era of big government. Yet this Others have argued we want to make days until one of the most sacred massive bill is laden with end-of-the- sure at the end of the day they can Christian holidays—Christmas. Yet the year gifts. never become legal citizens of the majority waited until just now to One supporter of the spending bill ac- United States. Never? After living unveil our first real appropriations bill tually admitted it was the Christmas their lives in this country, never? I that will be considered on the Senate tree of all time, adorned by spending would say: Go to the back of the line. floor in the entire year. somebody else’s hard-earned tax dol- And they should. Wait in line pa- The fiscal year began on October 1 of lars. This spending juggernaut is sim- tiently, even if it takes 15 years. That this year. Yet we have waited over 2 ply not what Americans want or de- is only fair. But never? months to even consider a fiscal year serve. Others have said we should give them 2011 spending bill. How could anybody While we are faced with numerous the military option. If they join the claim this is responsible management challenges, none is greater than tack- military, then we will let them become of our citizens’ tax dollars? There is no ling this growing spending in our na- citizens. I don’t think that is right and way to sugarcoat it. Congress has been tional debt. In fact, a bipartisan group I don’t believe the military would sup- derelict in its duty to produce any of of almost 20 Senators came to the floor port that either because many would the 12 annual appropriations bills for yesterday—and I was part of that be applying for the military who are the fiscal year. group—to pledge our commitment to not inspired to serve in the military We did not even bother to debate or address the national debt. but are only doing it for the purpose of pass a budget resolution this year to at How ironic that this massive spend- this law. Let’s let those who are not least create the notion that Congress ing bill is being discussed the very next going in the military have their own wanted to constrain spending. While day. Maybe actions speak louder than avenue, their own path to legalization Americans across this country are tak- words. It is time for us to actually by education and achievement in this ing a hard look at their finances, back up the rhetoric on controlling society, not in the military. prioritizing their spending, their gov- spending. A look at the last appropria- I would also say to my friends and ernment continues to max the tax- tions bills just since I arrived a couple colleagues, some have argued it is a lit- payer credit card. This one is a doozy: of years ago shows spending is growing tle too close to Christmas for us to 1,924 pages, $1.27 trillion in spending, $9 by 17 percent. The sad truth of that worry about an issue such as this. We billion more than even last year’s un- number is there is no economy—no ought to go home. These young people acceptable spending levels, over 6,000— economy—that can grow the revenues are home and they are asking for us to let me repeat that—over 6,000 earmarks fast enough to keep up with the spend- pass the DREAM Act so that home will that were funded more on geography ing appetite of Washington, DC. welcome them. and political influence than on any- In fact, in a few years we will be America is the only home they have thing to do with merit. That is $8 bil- spending more on finance charges than ever known. I am willing to stay a day lion worth of earmarks when the Amer- the entire defense budget. It is like a or two or more, whatever it takes, so ican people are crying out for trans- family running up the credit card and we can pass this bill, right this injus- parency and thought they had sent a then looking for more credit cards. tice, and give these young people a strong message in November. But, unfortunately, it is now common- chance. While we should have been consid- place to pass bills that spend $1 trillion The House has done its part. They ering how to constrain spending, the when our citizens are saying: Please passed a bill last week. Congressman authors of this legislation were busy stop. Unfortunately, the spending has LUIS GUTIERREZ and Congressman HOW- behind closed doors seeing how much not stopped. ARD BERMAN did a wonderful job in pork they could return to their States. I will oppose this bill, and I will do passing this legislation. It is good leg- This ‘‘you get yours and I will get all I can to advocate that my col- islation. We have had 57 votes on the mine’’ mentality is one of the reasons leagues do the same. Government floor of the Senate but because of our we have the budgetary hole we have spends too much. We need to keep more rules you need 60. All I am asking is dug. Yet we see 6,000 earmarks tucked at home with the people. some of the Republicans who have told away in this legislation. I yield the floor, and I suggest the ab- me in their heart of hearts they sup- Let me just give three of the prior- sence of a quorum. port this and worry about it politi- ities, according to these earmarks: The PRESIDING OFFICER. The cally, to put themselves in the shoes of $200,000 of somebody’s hard-earned tax clerk will call the roll. our predecessors in the Senate who, dollars for beaver management; $1.5 The bill clerk proceeded to call the when given a chance to expand the million of somebody’s hard-earned tax roll. civil rights—of African Americans, of dollars for mosquito trapping; $300,000 Mr. REID. Madam President, I ask women, of the disabled—said that jus- of somebody’s hard-earned tax dollars unanimous consent that the order for tice trumps politics. We will stand on for the Polynesian Voyaging Society. the quorum call be rescinded.

VerDate Mar 15 2010 03:56 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.046 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10261 The PRESIDING OFFICER. Without The path to finishing this year lies in EXECUTIVE SESSION objection, it is so ordered. the hands of Senators such as Senators f KYL and DEMINT and any other Senate Republican who is trying to run out TREATY WITH RUSSIA ON MEAS- FINISHING THE SENATE’S WORK the clock or run out the door without URES FOR FURTHER REDUCTION Mr. REID. Madam President, as a finishing the American people’s busi- AND LIMITATION OF STRATEGIC Christian, no one has to remind me of ness. If they decide to work with us, we OFFENSIVE ARMS the importance of Christmas for all of can all have a happy holiday. If they do The ACTING PRESIDENT pro tem- the Christian faith, all of their families not, we will continue until we finish pore. The Senate will proceed to execu- all across America. the people’s business. I do not think any of us, and I do not tive session to consider the treaty. need to hear the sanctimonious lec- f f tures of Senators KYL and DEMINT to LEGISLATIVE SESSION remind me of what Christmas means. My question is, Where were their TREATY WITH RUSSIA ON MEAS- The ACTING PRESIDENT pro tem- concerns about Christmas when they URES FOR FURTHER REDUCTION pore. Under the previous order, the led filibuster after filibuster on major AND LIMITATION OF STRATEGIC Senate will return to legislative ses- pieces of legislation during this entire OFFENSIVE ARMS—MOTION TO sion for the remarks by the Senator Congress—not once but 87 times, tak- PROCEED from Arkansas. ing days and days of the people’s time Mr. REID. Madam President, I move The majority leader is recognized. in the Senate on wasteful delay? to proceed to executive session to Cal- Mr. REID. Mr. President, could we Senate Republicans need look no fur- endar No. 7, the START treaty. I ask have the attention of everyone in the ther than themselves in casting blame for the yeas and nays. Senate. for the predicament we are in right The ACTING PRESIDENT pro tem- now. In this Congress, I repeat, Repub- The PRESIDING OFFICER. Is there a pore. The Senate will come to order. sufficient second? licans have waged 87 filibusters. They f have used every procedural trick in the There appears to be a sufficient sec- book to delay legislation that is impor- ond. MORNING BUSINESS tant to the American people. The question is on agreeing to the Mr. REID. Mr. President, I have had We have been able to work through motion. a number of conversations in the re- most of that and have what, in the The clerk will call the roll. cent minutes with the Republican lead- mind of Norm Ornstein, the most suc- The bill clerk called the roll. er. I think we would be well advised— cessful Congress watcher in decades Mr. DURBIN. I announce that the and we are going to proceed along this says is the most successful, productive avenue unless someone has an objec- Congress in the history of the country. Senator from Indiana (Mr. BAYH) is necessarily absent. tion—that for the rest of the day and We have done that in spite of all of the the evening, however long people want roadblocks that have been thrown in Mr. KYL. The following Senator is to visit, we will be in a period of morn- our way. necessarily absent: the Senator from ing business. As soon as Senator LIN- In just a few minutes, we are going to Wyoming (Mr. ENZI). COLN finishes her remarks, we will be proceed to the START treaty. I am The ACTING PRESIDENT pro tem- in a period of morning business, and told the Republicans are going to make pore. Are there any other Senators in Senators will be allowed to speak for us read the entire treaty in an effort to the Chamber desiring to vote? stall us from passing it. Isn’t that won- up to 15 minutes. I put that in the form The result was announced—yeas 66, of a consent request. derful. That treaty has been here since nays 32, as follows: April or May of this year—plenty of We have a number of Senators over [Rollcall Vote No. 277 Ex.] time to read it. here and on the Republican side who These are additional days of wasted YEAS—66 want to speak on the START treaty, time that we could be using to pass leg- Akaka Gillibrand Murkowski but people are not going to be re- islation to get home for the holidays. Baucus Graham Murray stricted to that. They can speak about Begich Hagan Nelson (NE) anything they want. Then tomorrow Yet some of my Republican colleagues Bennet Harkin Nelson (FL) have the nerve to whine about having Bennett Inouye Pryor morning we will return to the START to stay in action and do the work the Bingaman Johnson Reed treaty. American people pay us to do. We Boxer Kerry Reid So this afternoon, I again ask unani- Brown (MA) Klobuchar Rockefeller mous consent that we be in a period of make large salaries. We could work, as Brown (OH) Kohl Sanders most American do, during the holidays. Cantwell Landrieu Schumer morning business and that Senators be Perhaps Senators KYL and DEMINT Cardin Lautenberg Shaheen allowed to speak for up to 15 minutes have been in Washington too long be- Carper Leahy Snowe each during this period of morning Casey Levin Specter cause in my State, Nevadans employed Collins Lieberman Stabenow business, with the understanding that in casinos and hotels and throughout Conrad Lincoln Tester tomorrow morning, at a reasonable the State of Nevada—on our ranches, Coons Lugar Udall (CO) hour, we will return to the START Dodd Manchin Udall (NM) treaty and begin debate directly on basically everyplace—have to work Dorgan McCain Voinovich hard on holidays, including Christmas, Durbin McCaskill Warner that. to support their families. Feingold Menendez Webb The ACTING PRESIDENT pro tem- The mines do not shut down in Ne- Feinstein Merkley Whitehouse pore. Is there objection? vada on Christmas. People work. They Franken Mikulski Wyden The majority leader is recognized. get paid double time a lot of times NAYS—32 Mr. REID. And part of that agree- when they have good contracts. But Alexander Crapo Kyl ment is that today will be for debate they work on Christmas holidays. Most Barrasso DeMint LeMieux only. people do not get 2 weeks off at any Bond Ensign McConnell The ACTING PRESIDENT pro tem- Brownback Grassley Risch pore. Is there objection? time let alone Christmas week. These Bunning Gregg Roberts people who are lucky enough to have a Burr Hatch Sessions The Republican leader is recognized. job in these trying times need to work Chambliss Hutchison Shelby Mr. MCCONNELL. Mr. President, re- Coburn Inhofe Thune serving the right to object, and I am extra hard just to make ends meet. Cochran Isakson Vitter So it is offensive to me and millions Corker Johanns certainly not going to object, I want to Wicker of working Americans across this coun- Cornyn Kirk thank the majority leader. I think it is try for any Senator to suggest that a good way to go forward. There was NOT VOTING—2 working through the Christmas holi- some suggestion that some on this side days is somehow sacrilegious or dis- Bayh Enzi of the aisle wanted to read the treaty. respectful. The motion was agreed to. Our view is that that is not essential.

VerDate Mar 15 2010 03:56 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.047 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10262 CONGRESSIONAL RECORD — SENATE December 15, 2010 We do encourage our members—I know The Senator from Arkansas is recog- trial. There were many things going Senator LUGAR, our ranking member nized. on. When my birthday came around, it on Foreign Relations, is here and Sen- Mrs. LINCOLN. Thank you, Mr. kind of came and went. My husband no- ator KYL, who has been deeply involved President. Well, I hope there is not too ticed that. So we had gone to a spouse in this issue. We would encourage them much order because it will make me dinner shortly after my first birthday to begin the debate on the treaty. feel a little bit out of place. in the Senate. My good friend, JOE Mr. KERRY. Mr. President, reserving Mr. DURBIN. Mr. President, the Sen- BIDEN, who was my seatmate before he the right to—— ate is not in order. left to become Vice President, and his Mr. REID. Mr. President, also, if I The ACTING PRESIDENT pro tem- wife Jill had reached out to us to make could respond to my friend, I know pore. The Senate will please come to us feel comfortable. We were young Senator LUGAR has spent lots of time order. Take conversations off the floor. parents. We had small children. We on this treaty, as has Senator KYL, as Mrs. LINCOLN. Thank you, Mr. were both working very hard. has Senator KERRY and others. Every- President. As I said, I hope there is not The first spouse dinner we went to, one, we will be very generous with too much order. I do not want this we were sitting with Joe and Jill, and time. If Senator LUGAR, who is one of place to change too much. Jill produced a lovely birthday gift. It the wizards of foreign policy in the his- f was a monogrammed box, obviously tory of our country, needs more time, FAREWELL TO THE SENATE something that was thought about. It no one is going to stand in the way of wasn’t something she picked up and re- that. So everyone should understand Mrs. LINCOLN. Mr. President, I am gifted from her closet at home. It that we did put a 15-minute limitation glad to be here with my colleagues to meant so much to my husband and to on it, but there will be consents grant- express my gratitude for the incredible, me, that we were a part of a family ed for people to speak longer if, in fact, blessed life’s journey I have experi- who realized what we were going it is necessary. enced thus far and the wonderful con- through—not just what they were The ACTING PRESIDENT pro tem- tributions this place has made to that. going through but what we were going pore. The Senator from Massachusetts I have been enormously blessed by the through. I looked at Jill and told her: is recognized. people of Arkansas to have represented You couldn’t have done anything to Mr. KERRY. Mr. President, I appre- them in the U.S. Congress, first as a make me or my husband more happy ciate the comments of the leader with Member of the House of Representa- than to think of something that was respect to that question. I wonder if tives and finally now as a U.S. Senator. important in our lives, and they did the order might predicate at the outset Today, I rise as the daughter of two that. I have been a part of this family, that Senator LUGAR—he has asked me amazing parents, Martha and the late for 40 minutes as an opening. I know and it has been a great time. Jordan Lambert, the proud daughter of As I glance back on my time here, I Senator KYL would probably want to be a seventh-generation Arkansas family, do so with great pride, knowing that able to speak an equal amount of time. dirt farmers—not to be confused, we each of my votes and actions were I would like to, obviously, make an didn’t farm dirt, but we were hard- taken with the best interests of the opening, appropriately a little longer. working farmers who were not afraid people of Arkansas in mind. I have al- So if we could perhaps make the order to get dirty, to get our hands into the ways attempted to conduct myself in a 40 minutes to Senator LUGAR, 40 min- Earth and to do what it was we have manner that would make Arkansans utes to Senator KYL. I would like a half done for generations in Arkansas. I am proud, and my tears today I hope are hour. And we have some other Senators also the proud wife of Dr. Steve Lin- not going to affect that. Living by my from there. And we could vary this as coln and the very proud mother of two mother’s rule as we did growing up, if we go. Is that possible? incredible young men, Reece and Ben- The ACTING PRESIDENT pro tem- it was rude or dangerous, it was not al- nett—great boys. You all have watched lowed, and I hope I have definitely met pore. Is there objection? them grow up. It is the many unique Mr. REID. So the consent request is that rule because Mother sent us off life experiences each of us brings to that Senator LUGAR be recognized for with it. this place and to this job that really As a farmer’s daughter, I am honored 40 minutes, Senator KYL for 40 min- and truly contribute to the mark we to have helped craft three farm bills utes, Senator KERRY for 30 minutes; is leave on this institution. that were crucial to the economy of that right? When I came to the Senate, my boys The ACTING PRESIDENT pro tem- Arkansas. I was able to persuade my were 2 and we were about to celebrate pore. That is correct. colleagues to understand the regional Mr. KYL. Mr. President, reserving their third birthday. We didn’t have differences in production agriculture in the right to object, I am not sure I will any friends up here, so I looked around our country but, most of all, I am be speaking for 40 minutes or any par- the Senate to see who had children, proud I was able to impress upon my ticular timeframe here. I want to focus who could bring their kids to our birth- colleagues and others, hopefully, across for the moment on the omnibus and a day party, and there were a few. We this great Nation of ours the enormous continuing resolution, so my remarks kind of had to rent out some kids to blessing our Nation receives from farm probably would be relevant to that, and come to the Moonbounce to have a and ranch families, what they bestow therefore I probably should not join in great party and it was fun. I realized upon us, what they allow us and all the the unanimous consent request at this how important that experience was for rest of the world to do each and every time. me to bring to this body, to share with day; that is, to eat, to sustain our- Mr. REID. OK. So, Mr. President, I people. PATTY MURRAY knows—she has selves, and to be able to grow. am glad we clarified that. But, as I been there—MARY LANDRIEU, AMY I am particularly honored to have be- said, anyone can talk about anything KLOBUCHAR, and so many others who come the first woman and the first Ar- they want. So why don’t we have the have had their children here in the kansan to serve as the chairman of the consent request amended that Senator Senate. What a difference that makes Senate Committee on Agriculture, Nu- LUGAR be recognized for 40 minutes, in your perspective on what you are trition and Forestry. It has been a won- Senator KERRY for 30 minutes, and doing here. It makes a big difference. derful year I have had, and I will al- then the rest of the time will be jump Birthdays were a big deal when we ways be proud of what we have accom- ball for people to speak for up to 15 first got here. In my household, you plished in that committee this year minutes. are allowed to celebrate your birthday and certainly in years past. The ACTING PRESIDENT pro tem- for an entire week, and it is always a We passed historic child nutrition pore. Is there objection? great time. My first birthday I cele- legislation. As a result, each meal Without objection, it is so ordered. brated in the Senate was unusual. We served in schools will meet nutritional Mr. REID. And I conferred with Sen- had just moved. My husband had standards our children and future gen- ator MCCONNELL. There will be no roll- moved his practice. The boys were erations deserve, putting them on a call votes the rest of the day. here. They had just turned 3. It was path to wellness instead of obesity. As The ACTING PRESIDENT pro tem- hectic. It was a new Congress. We had a result, we will see an increase in the pore. The Senate will come to order. all just come through an impeachment reimbursement rate for schools for the

VerDate Mar 15 2010 03:56 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.048 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10263 first time since 1973—since I was in remember about this speech is that it tainty about the future they so junior high, younger than my own chil- was about our Nation’s future and what longingly want to be a part of and that dren today—and we did so by not add- we can achieve together. We have great they want to protect for their children, ing one penny to the national debt as work to do, great work. I may be leav- rather than obstruction and sound well as doing it in a bipartisan way. ing this body, but that doesn’t mean I bites and confusion. We produced historic Wall Street re- give up on my country. You all have With teenage children at home, it is form legislation. When I became chair- much work to do. a true blessing that we live in a day man of the committee, our economy Colleagues, we have approached a and in an age where information is was on the brink of collapse. Our legis- fork in the road. This is not the first, available at a moment’s notice. I have lation targeted the least transparent nor do I suspect it will be the last, but watched my children—I had to go bor- parts of the financial system and will we have within ourselves the ability in row the encyclopedia from my cousins bring them not only within the plain this Nation to choose a positive and next door. My kids click on the com- view of regulators but also in the view uplifting path. HARRY REID teases me puter and immediately there are in- of hardworking Americans who want to all the time: Do you smile at every- credible volumes of information. They know what is going on in our economy thing? You know what. There is a lot teach me: Mom, come look at this. Did and in the marketplace. to smile about. We have great opportu- you ever know this? It is amazing what Throughout my time in the Senate, I nities ahead of us in this country, but is available to us. It is equally as im- have fought hard on behalf of rural they are not going to happen by them- portant, though, that we, the American communities and families. In the selves. We have the opportunity to people, take the time that is necessary House, sitting next to ED MARKEY on choose a path that respects differences to understand the solutions to the the Energy and Commerce Committee, of opinion. We have the opportunity to challenges and not succumb to the con- he always called me BLANCHE ‘‘Rural’’ choose a path that sets aside short- venience of modern technologies to LAMBERT. He said: BLANCHE, every time term political gains, a path that main- take the place of our own good judg- your mouth opens, it says rural. I said: tains this body’s historic rules that ment. We cannot do that. The minds of That is where I grew up, that is whom protect the views of the minority but the people of this country, the minds of I represent, and you will always hear also puts results ahead of obstruction. the body of this institution ensure that me speaking on behalf of the families Again, I grew up in a family of four we use the good sense God has given us in rural America. kids, and I am the youngest. You all to know what those right solutions are. I wrote the legislation establishing wonder why I am so tough. I have been To all of America, myself included, we the Delta Regional Authority, the only beat up on all my life. But my dad al- must all discern carefully the informa- Federal agency designed to channel re- ways said: It is results that count. It is tion that is provided to us. It is all ex- sources, aid, and technical assistance what you finish and what you accom- tremely convenient, but convenience is for economic development in the rural plish. It is not these little battles we not what this is about. It is not about and impoverished Mississippi Delta re- fight; it is the war we are going to win, convenience. It is all about doing the gion. and it is not a war we are going to win right thing. So I call on not only our I fought for tax relief for hard- without the Republicans or without good judgment but our collective love working low- and middle-income Ar- the administration or without our con- for this country so we can meet the kansas families, and I am most proud stituents. It is a war on behalf of our challenges our Nation faces. I know I of the refundable child tax credit I Nation, and it has to be done together. am teaching my children that at home. worked on with Senator OLYMPIA Many of my colleagues have had the I am also blocking some of the things SNOWE. I have also fought for the cer- wonderful opportunity of meeting my they can get on the Internet. But I am tainty for farmers and ranchers and husband. My husband doesn’t like also teaching them to use their own small businesses in Arkansas with fair crowds a lot. I love crowds because I minds, their own thoughts: What is it estate tax reforms with Senator JON love being together. I love being a part you would have for your fellow man? KYL. of things. I love being a part of a team. How would you want people to behave? I am proud of my work on behalf of My team is here, my Lincoln team. It It is absolutely critical in this day and Arkansas and our Nation’s seniors, in- is a great team. They have been a won- age. cluding my work on the prescription derful group to work with. You are a To my colleagues on both sides of the drug program for seniors, working with part of my team. You are my family in political aisle, I implore each of you to Senator BAUCUS and others on the Fi- the Senate. Being together and work- set the example for our country by nance Committee; the Elder Justice ing together is an incredible blessing, working together to move our Nation Act that is now law, the first Federal and we have to make sure we realize forward. We must start practicing law ever enacted to address elder abuse that. greater civility toward one another, in a comprehensive manner. I was hon- Our country is certainly at its best both privately and publicly. I can’t for- ored to be joined in that effort by Sen- when we are collectively working to- get when I first came to the House of ators ORRIN HATCH and HERB KOHL and gether for a goal. All you have to do is Representatives, I called my colleague the hard work we put toward that. listen to your parents or your grand- and neighbor, Bill Emerson from south- Growing up in a family of infantry- parents talk about victory gardens or ern Missouri. I told him, I said: Bill, men, I am proud to have fought for Ar- rationing nylons or anything else that you know when you move into a new kansas servicemembers, veterans, and happened during the war when people place, where I come from you bring their families, specifically fighting for were working collectively together. somebody a cake or a pie, a batch of funding increases for the VA and the Our country is facing many chal- rolls or something. I said: I am not a creation of the VA’s Office of Rural lenges. There is no doubt the American bad cook, but I don’t have a lot of time Health, as well as better access to qual- people are frustrated. They are frus- on my hands. I want to visit with you. ity mental health care for all our vet- trated with our lack of productivity, You are a Republican, I am a Demo- erans. and they are so anxious to be a part of crat, but you are my neighbor, and I I came to Congress to fight on behalf the solution that needs to happen am willing to bet you we agree on far of our Nation’s children, families, vet- here—the coming together, the finding more than we disagree on. As we vis- erans, small businesses, and farmers, of solutions to the problems we face ited for 45 minutes in that very first in- and I am honored and humbled that in and the results we need to have. I am troduction, we came to the conclusion each of these areas, I was able to confident that, together, we can over- that we agreed far more on the same achieve legislative success on their be- come all these differences and continue things than we disagreed. We decided half. to be the leader of the rest of the world to start the civility caucus. It lasted 3 But as my mother would say, as we have been and should be. I leave months. straighten up and pay attention to this body with confidence that we can The fact is, there is much work to be what this is about. This speech is not provide our citizens with the type of done there, and we can do it. about yesterday, and it is not about government they deserve: a govern- Taking advantage of political gusts today. What I would like for people to ment that provides results and cer- of wind is not what our constituents

VerDate Mar 15 2010 05:11 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.049 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10264 CONGRESSIONAL RECORD — SENATE December 15, 2010 expect of us nor is it what they de- and Fulbright, David Pryor, and Dale Policy—in fact, the first woman to ever serve. I urge you to have the courage Bumpers, who is my immediate prede- chair a Finance subcommittee—chair to work across party lines. There is cessor. I thank Dale for the incredible of the rural outreach for the Senate simply no other way to accomplish our mentor he has been to me and for the Democratic caucus; chair of the Senate Nation’s objectives, nor should there wonderful things he has done for our hunger caucus; cofounder and cochair be. Although you run the risk of being State. of the Third Way; creator of the Delta the center of attention for both polit- I leave you with an unbelievable Sen- Regional Authority; author of the 2010 ical extremes, it is a far greater con- ator, and that is my good friend MARK child nutrition bill; a key writer of the sequence to put personal or political PRYOR. He is a statesman. He follows in 2008 farm bill; author of the refundable success ahead of our country, and I the footsteps of all of those giants from child tax credit. know firsthand. Arkansas. I am enormously grateful to Mr. President, I could go on and on, We must have the courage to come him for his friendship and, more impor- but most of her accomplishments and out of our foxholes—the foxholes we tantly, for his great service to the peo- contributions cannot be measured. As dig into—to the middle, where the rest ple of Arkansas. So I leave you in good she worked on the Agriculture Com- of America is and discuss our collective hands, without a doubt, with my good mittee, the Finance Committee, the path forward. I am counting on each of friend, Senator MARK PRYOR. Aging Committee, and the Energy you to do so in a way that respects the I have been surrounded, both in the Committee, on a countless number of temporary position we have all been past and currently, by an unbelievably occasions, on amendments and bills, granted here and respect this institu- dedicated, loyal, and hard-working she became the Senator who was the tion of ours that we have been blessed staff, in my personal Senate office both key to passage or defeat. A couple of to inherit. It is an amazing place. Each in Arkansas and Washington, and cer- years ago, I watched a bill that was of you has seen it in your own right tainly in the Agriculture Committee. making its way through the Senate Fi- and you know it. To my staff, they know how much I nance Committee, and there were a lot To the young people of America, I love them. Our State and this institu- of people outside of this Chamber who think this is so important. I came here tion are better because of their hard had a vital interest in the outcome of as the youngest woman in the history work and dedication. Without a doubt, that legislation. Everywhere I would go of our country to ever be elected to the they are smart and they are a great I would be stopped and asked: Is this Senate. I did so because I believed so group of people. I am so blessed to not bill going to pass? Will it come out of strongly in the difference I could only know them but to have worked the committee? Will it get through the make. I still do. That is what this with them. floor? country is about. It is about making a I have always been blessed with a What I told the folks who asked that difference, not for yourself but for oth- loving and supportive family who have back then turned out to be true: As ers. I continue that journey now, as I been my inspiration and bedrock all BLANCHE goes, so goes the Finance leave this place, knowing there are my life, and they continue to be. Committee, because she was that way still so many ways I will make a dif- Finally, let me, once again, say on all of her committees. She was the ference. But to those young people out thanks to the people of Arkansas. My swing vote, the key vote to getting there in this country, do not think this roots have been and always will be in things done in the Senate. place is reserved just for age or experi- Arkansas. That will never change. BLANCHE is a role model for many ence. It is here that you could make a When Steve and the boys and I left people, especially young women who difference, whether you are elected or after Thanksgiving to come back for are interested in government. whether you are one of the incredible the lameduck session—of course, as I remember sitting down with one of and phenomenal staff that helps to run you all know, traveling with your fam- my good friends earlier this year and this place, or whether you just simply ily and just getting back in time—we his teenage daughter. We talked about choose to be out there and engaged in left at 5 in the morning. We drove to the Senate and politics, history, and what is going on. There are many con- Memphis because it was faster. We Arkansas. As we were winding up the tributions to be made to this Nation by were halfway between. We had been at conversation, my friend asked his teen- the young people of this country. the cabin duck hunting and celebrating age daughter: Who is your favorite pol- I leave this body with no regrets and Thanksgiving with family. We were itician? Of course, I sat there and with many incredible friendships. You headed to the Memphis Airport, and straightened my tie because I thought know the old adage, ‘‘If you want a the Sun was rising over the Arkansas I knew what the answer would be. friend in Washington, get a dog.’’ You delta. Then she said: BLANCHE LINCOLN. And all know I have a very large dog. But I Now, I am sure many of you all have I know why. It is because BLANCHE rep- also have some wonderful friends, and I never seen that, but it is a magnificent resents the best in Arkansas. She rep- am very grateful for those friendships. view. It reminded me of all of the great resents the best in Arkansas in politics When I first arrived, my friend MARY things I came here to do. It made me and in government. She is a workhorse, LANDRIEU had been in the hospital. I feel blessed with all of the things I was not a showhorse. showed up at her house with a chicken able to accomplish. But to know that I BLANCHE gets things done. The other spaghetti casserole, a bag of salad, and could go back to that same home and night, with my teenage daughter, I a bottle of wine. see that sunrise, it is unbelievable. watched some of ‘‘The Wizard of Oz.’’ She said: What are you doing here? I will always treasure the experiences As I was watching it, I was struck that I said: You know, where I come from, of this chapter in my life and the thou- the scarecrow, the tin man, and the when your neighbor or friend is sick, sands of Arkansans I have come to lion were looking for three things that you take them dinner. know and love. They are a great group BLANCHE has, and what every Senator She said: BLANCHE, we don’t do that of people. I thank you again from the needs in large quantities: a brain, a up here. bottom of my heart. heart, and courage. I said: Let me tell you, if we forget To the people of Arkansas and this One of Senator LINCOLN’s role models where we come from, there is a big body, my good friends, I yield the floor. she refers to often is Hattie Caraway. problem. (Applause.) Hattie Caraway is not exactly a house- I am grateful. I will not attempt to The PRESIDENT pro tempore. The hold name in American politics, but go one by one through each of you, but Senator from Arkansas, Mr. PRYOR, is her portrait hangs just outside this know that every one of you all have a recognized. Chamber, in the corner, opposite the special place in my heart. You have Mr. PRYOR. Mr. President, let me Ohio Clock. Hattie Caraway of Arkan- taught me something. You have en- mention a very abbreviated list of sas was the first woman ever elected to riched my life in such a way, it is BLANCHE LINCOLN’s accomplishments: the Senate. There is much to admire amazing. You also know—many of you First woman to chair the Senate Agri- about Hattie Caraway as a Senator and personally—that I follow in some very culture Committee; first woman to as a person, but the one thing that large footsteps, between so many Ar- chair the Finance Subcommittee on BLANCHE inherited from Hattie is the kansans, most recent being McClellan Social Security Pensions and Family pioneer spirit.

VerDate Mar 15 2010 03:56 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.050 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10265 Even in the first decade of the 21st ful servant.’’ This applies to BLANCHE, text firmly in mind. As we contend century, BLANCHE is the owner of many but not only to the job that she has with the enormous security challenges ‘‘firsts.’’ Even though we don’t like to done here in Senate. It applies to her of the 21st century, the last thing we admit it, and we are reluctant to talk as a person. There is a lot more to need to is to reject a process that has about it, there is a double standard in BLANCHE than just being a Senator. In mitigated the threat posed by Russia’s politics for women. There just is. I am January, she starts a new chapter. And nuclear arsenal. proud to serve with the largest number as much as she will be missed around For 15 years, the START treaty has of women this Senate has ever seen, here, we all have confidence there are helped us to keep a lid on the U.S.-Rus- and that goes double for my 8 years many more great things to come. sian nuclear rivalry. It established a with Senator BLANCHE LINCOLN. I thank the Chair, and I yield the working relationship on nuclear arms Let me say a brief word about her floor. with a country that was our mortal family. Her husband Steve is an old f enemy for 41⁄2 decades. START’s trans- friend of mine. We trace our roots back parency features assured both coun- to Little Rock Central High School and MORNING BUSINESS tries about the nuclear capabilities of the University of Arkansas. The Lord The PRESIDING OFFICER (Mr. BEN- the other. For us, that meant having has blessed BLANCHE and Steve with NET). Under the previous order, there American experts on the ground in two bright, energetic, athletic, and will be a period of morning business Russia conducting inspections of nu- even sometimes well-behaved sons— with Senators permitted to speak for clear weaponry. and they are great—who are currently up to 15 minutes each. Because START expired on December freshmen at Yorktown High School in The Senator from Indiana. 5, 2009, we have had no American in- Arlington. They bring their parents f spectors in Russia for more than a much joy. They are also extremely year. New START will enable Amer- NEW START TREATY proud of their mother. I have seen ican teams to return to Russia to col- firsthand what a wonderful mother she Mr. LUGAR. Mr. President, I rise to lect data on the Russian arsenal and has been and is. I stand in awe. speak in support of the new START verify Russian compliance. These in- In fact, BLANCHE is not only a good treaty. We undertake this debate at a spections greatly reduce the possibility Senator and a good mother and a good time when almost 100,000 American that we will be surprised by Russian wife—she is much more. She is a good military personnel are fighting a dif- nuclear deployments or advancements. daughter to her mother, who basically ficult war in Afghanistan. More than Before we even get to the text of the runs Phillips County, AK. She is a good 1,300 of our troops have been killed in new START treaty and the resolution sister in her very large family. She is a Afghanistan, with almost 10,000 wound- of ratification, Members should recog- good member of her community, help- ed. nize what a Senate rejection of new ing friends, neighbors, and those in Meanwhile, we are in our seventh START would mean for our broader na- need. BLANCHE is very faithful in her year in Iraq—a deployment that has tional security. Failure of the Senate relationship with God, which has given cost more than 4,400 American lives to approve the treaty would result in her strength and kept her grounded in and wounded roughly 32,000 persons. We an expansion of arms competition with good times and in bad. She follows the still have more than 47,000 troops de- Russia. It would guarantee a reduction Golden Rule and puts her faith into ac- ployed in that country. Tensions on the tion every single day. Simply put, she in transparency and confidence-build- Korean peninsula are extremely high, ing procedures, and it would diminish is a good person. with no resolution to the problems in Lastly, BLANCHE is a good boss. She between cooperation and Russian de- North Korea’s nuclear program. We has drawn to her a very talented and fense establishments. It would com- continue to pursue international sup- hard-working staff in Washington, DC, plicate our military planning. port for steps that could prevent Iran’s and in Arkansas. I know they will al- A rejection of new START would be nuclear program from producing a nu- ways be proud to tell people they greeted with delight in Iran, North clear weapon. We remain concerned worked for Senator BLANCHE LINCOLN. Korea, Syria, and Burma. These na- Before I get carried away, there is about stability in Pakistan and the se- tions want to shield their weapons pro- one minor matter that I believe I need curity of that country’s nuclear arse- grams from outside scrutiny and they to address. On occasion—rarely, but nal. We are attempting to counter ter- want to be able to acquire sensitive every so often—BLANCHE runs a little rorist threats emanating from Afghani- weapons technologies. They want to late. I know many of you are shocked stan, Pakistan, east Africa, Yemen, block international efforts to make to hear this. Let me tell you why that and many other locations. We are con- them comply with their legal obliga- is. It is because people love BLANCHE cerned about terrorist cells in allied tions. Rogue nations fear any nuclear and BLANCHE loves people, and she is countries, and even in the United cooperation between the United States never too busy to stop, to notice, and States. We remain highly vulnerable to and Russia because they know it limits to listen. She is never too busy to talk disruptions in oil supplies due to na- their options. They want to call into to the Capitol Police or to the janitor tional disasters, terrorist attacks, po- question our own nonproliferation cre- here or to that family from Idaho who litical instability, or manipulation of dentials and they want Russia to resist can’t figure out the Dirksen building. the markets by unfriendly oil-pro- tough economic measures against She takes time for people. And that is ducing nations. them. one of her attributes that makes her so Even as we attempt to respond to If we reject this treaty, it will be special, because those people are as im- these and other national security im- harder to get Russia’s cooperation in portant to her as the most powerful peratives, we are facing severe resource stopping nuclear proliferation. It could Members of the Congress. That is what constraints. Since September 11, 2001, create obstacles on some issues in the makes BLANCHE special. we have spent almost $1.1 trillion in United Nations Security Council, It is hard to find just one word to de- Iraq and Afghanistan. We are spending where Russia has a veto. It might also scribe Senator LINCOLN—kind, smart, roughly twice as many dollars on de- reduce incentives for Russia to cooper- fearless, persistent, knowledgeable, no fense today as we were before 9/11. ate in providing supply routes for our nonsense, and I could go on. But the These heavy defense burdens have oc- troops in Afghanistan. It would give one word I would like to focus on today curred in the context of a financial and more weight to the arguments of Rus- is friend. There are 99 Senators today budgetary crisis that has raised the sian nationalists who seek to under- who consider her a friend. They like U.S. Government’s total debt to almost mine cooperation with the United her, they like working with her, and $14 trillion. The fiscal year 2010 budget States and its allies. It would require they respect her. I have had many Re- deficit registered about $1.3 trillion, or additional satellite coverage of Russia publicans and Democrats say how 9 percent of GDP. at the expense of their use against ter- much they hate to see her leave be- All Senators here are familiar with rorists. cause she makes this place better. the challenges I have just enumerated. With all that we need to achieve, why There is a passage in the Bible that But as we begin this debate, we should would we add to our problems by sepa- says: ‘‘Well done, thou good and faith- keep this larger national security con- rating ourselves from Russia over a

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And all American people and there is no indica- other national security priorities and of this came at a tremendous cost to tion that this is what Americans were missions. That is one reason they are the American taxpayer and the psyche voting for in November. telling us unequivocally to ratify this of a nation which lived under the It certainly was not Ronald Reagan’s agreement. They also have asserted threat of mutual assured destruction. view. It was President Reagan who that the modest reductions in war- I firmly believe our staunch opposi- began the START process. His team heads and delivery systems embodied tion to an aggressive Soviet state was coined the term ‘‘START,’’ standing in the treaty in no way threaten our absolutely necessary and led directly for ‘‘Strategic Arms Reduction Talks,’’ nuclear deterrent. to the achievement of freedom for tens to reflect President Reagan’s intent to Defense Secretary Robert Gates and of millions of people in Eastern Europe. shift the goal of nuclear arms control Chairman of the Joint Chiefs of Staff It also set the stage for dramatic from limiting weapons build-ups to ADM Mike Mullen have testified that breakthroughs in international co- making substantial, verifiable cuts in they have no doubts the new START operation. But that does not mean the existing arsenals. On May 8, 1982, Presi- treaty should be ratified. GEN Kevin Cold War was a benign experience or dent Reagan made the first START Chilton, who is in charge of our stra- that we want to revive nuclear com- proposal during a speech at Eureka tegic nuclear forces, has said the trea- petition, carried out in an environment College in Illinois, calling for a one- ty ‘‘ will enhance the security of the without verification or basic limits on third reduction in nuclear warheads. For the rest of his Presidency, he en- United States.’’ GEN Patrick O’Reilly, weapons. who is in charge of our missile de- I am not suggesting that we are on gaged the Russians on numerous arms fenses, endorsed the treaty saying flat- the brink of returning to the Cold War. control proposals that reduced weap- ly that it’’ does not constrain our plans Reality is far more complicated than onry an established tough verification measures to prevent cheating. He per- to execute the United States missile that. But we should not be cavalier sonally conducted five summits with defense program.’’ about allowing our relationship with Russian leaders, which primarily fo- Moreover, seven former commanders Moscow to drift or about letting our cused on arms control. He produced the of Strategic Command—the military knowledge of Russian weaponry atro- INF treaty, signed in 1988, which great- command in charge of our strategic nu- phy. Few Americans today give much ly reduced nuclear weapons in Europe. clear weapons—have backed the new thought to the nuclear arsenal of the His efforts also led to the original START treaty. Members of the Sen- former Soviet Union. Americans have START Treaty which was signed dur- ate—Republicans and Democrats not had to be concerned in the same ing the first President Bush’s term in alike—have taken pride in supporting way as they were during the Cold War 1991. the military and respecting military years. But large elements of that arse- The cornerstone of President Rea- views about steps necessary to protect nal still exist and still threaten the gan’s arms control agenda was our Nation. United States. Whether through acci- verification. His interest in Rejecting an unequivocal military dent, miscalculation, proliferation, or verification is frequently summed up opinion on a treaty involving nuclear any number of other scenarios, Russian by his oft-quoted line ‘‘trust but deterrence would be an extraordinary nuclear weapons, materiels, and tech- verify.’’ But what the United States position for the Senate to take. The nology still have the capability to ob- and Russia have done through the military is supported in this view by literate American cities. That is a core START process is far more than just the top national security officials from national security problem that com- verification. START has provided the past administrations. To date, every mands the attention of our government structure and transparency upon which Secretary of State and Secretary of De- and this body. unprecedented arms control and non- fense who has expressed a public opin- I relate these thoughts about where proliferation initiatives have been ion about the new START treaty has we have been in part because most Sen- built, most notably, the Nunn-Lugar counseled in favor of ratification. This ators entered national public service program. The stability that came with has included 10 Republicans and 5 after the Cold War ended, and even a long-term agreement and the com- Democrats. All five living Americans fewer were serving in this body when mitment implicit in a treaty approved who served Ronald Reagan as Defense we were called upon to make decisions by both the Russians an American leg- Secretary, Secretary of State, or White on arms treaties. islatures, has been indispensable to the House Chief of Staff have endorsed the Only 21 current Members were here success of Nunn-Lugar and other non- new START treaty. The list of endors- in 1988 to debate the INF Treaty. Only proliferation endeavors with Russia. ers includes: President George H. W. 15 current Members were serving in the Over the course of almost two dec- Bush, George Shultz, Jim Baker, Jim Senate during the Geneva Summit be- ades, the Nunn-Lugar program has Schlessinger, Henry Kissinger, Brent tween President Ronald Reagan and joined Americans and Russians in a Scowcroft, Colin Powell, Condoleezza Mikhail Gorbachev in 1985. Only 11 sustained effort to safeguard and ulti- Rice, Steven Hadley, Howard Baker, Members were here in March 1983 when mately destroy weapons and materials Lawrence Eagleburger, and Frank Car- President Reagan delivered his so- of mass destruction in the former So- lucci. Many of these officials served at called ‘‘evil empire’’ speech. And only 7 viet Union and beyond. The destruction a time when the stakes related to Rus- of us were here when the Soviets in- of thousands of weapons is a monu- sian nuclear arms were even higher vaded Afghanistan in 1979. In a few mental achievement for our countries, than they are today. weeks, these numbers will decline even but the process surrounding this joint During the Cold War uncertainty further. effort is as important as the numbers over Russia’s intentions and weapons The fundamental question remains as of weapons eliminated. The U.S.-Rus- advances—and this cost us tens if not to how we manage our relationship sian relationship has been through nu- hundreds of billions of dollars—an aca- with a former enemy and current rival merous highs and lows in the post-Cold demic industry developed that was de- that still possesses enormous capacity War era. Throughout this period, voted to parsing Soviet military capa- for nuclear destruction. What the START inspections and consultations bilities. This was one of the biggest, if START process has done, since it was and the corresponding threat reduc- not the biggest, expenses of our intel- initiated by President Reagan, is man- tion’ activities of the Nunn-Lugar pro- ligence budget each year. The fact that age an adversarial relationship that gram have been a constant that has re- we could not accurately judge Soviet previously had been cloaked in volatile duced miscalculation and has built re- military capabilities led us to elevate uncertainty and accompanied by enor- spect. This has not prevented highly our spending on weaponry out of a mous financial costs to our own soci- contentious disagreements with Mos- sense of caution. These times were ety. cow, but it has meant that we have not

VerDate Mar 15 2010 03:56 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.053 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10267 had to wonder about the make-up and notes the interrelationship between all recent arms control treaties and disposition of Russian nuclear forces strategic offense and strategic defense. most treaties considered throughout during periods of tension. It also has But preamble language does not permit U.S. history. reduced, though not eliminated, the rights nor impose obligations, and it The Resolution of Ratification ap- proliferation threat posed by the nu- cannot be used to create au obligation proved by the Foreign Relations Com- clear arsenal of the former Soviet under the treaty. The text in question mittee reaffirms that the New START Union, is stating a truism of strategic plan- treaty will in no way inhibit our mis- This process must continue if we are ning that an interrelationship exists sile defenses. It contains an under- to answer the existential threat posed between strategic offense and strategic standing that the New START treaty by the proliferation of weapons of mass defense. imposes no limitations on the deploy- destruction. Every missile destroyed, Critics have also worried that the ment of U.S. missile defenses other every warhead deactivated, and every treaty’s prohibition on converting than the requirement to refrain from inspection implemented makes us ICBM and SLBM launchers to defensive converting offensive missile launchers. safer. Russia and the United States missile silos reduces our missile de- It also states that Russia’s April 2010 have the choice whether or not to con- fense options. But General O’Reilly has unilateral statement on missile defense tinue this effort, and that choice is em- stated flatly that it would not be in does not impose any legal obligations bodied in the New START Treaty be- our own interest to pursue such conver- on the United States and that any fur- fore us. sions because converting a silo costs an ther limitations would require treaty The Senate Foreign Relations and estimated $19 million more than build- amendment subject to the Senate’s ad- Armed Services Committees held 18 ing a modern, tailor-made missile de- vice and consent. Consistent with the hearings on the treaty with national fense interceptor silo. The Bush admin- Missile Defense Act of 1999, it also de- security leaders who have served in the istration converted five ICBM test silos clares that it is U.S. policy to deploy Nixon, Ford, Carter, Reagan, George at Vandenberg Air Force Base for mis- an effective national missile defense H.W. Bush, Clinton, George W. Bush, sile defense interceptors, and these system as soon as technologically pos- and Obama administrations. These have been grandfathered under the New sible and that it is the paramount obli- hearings were supplemented by dozens START treaty. Beyond this, every sin- gation of the United States to defend of staff and Member briefings, as well gle program advocated during the Bush its people, armed forces, and allies as nearly 1,000 questions for the record. and Obama administrations has in- against nuclear attack to the best of We know, however, that bilateral volved construction of new silos dedi- its ability. treaties are not neat instruments, be- cated to defense on land—exactly what In a revealing moment during Senate cause they involve merging the will of the New START treaty permits. Gen- Foreign Relations Committee hearings two nations with distinct and often eral O’Reilly said a U.S. embrace of on the Treaty, Secretary Gates testi- conflicting interests. Treaties come silo conversions would be ‘‘a major set- fied: with inherent imperfections and ques- back’’ for our missile defense program. The Russians have hated missile defense tions. As Secretary Gates testified in Addressing whether there would be ever since the strategic arms talks began, in May, even successful agreements rou- utility in converting any existing 1969 . . . because we can afford it and they SLBM launch-tubes to a launcher of can’t. And we’re going to be able to build a tinely are accompanied by differences good one . . . and they probably aren’t. And of opinion by the parties. defensive missiles, GEN Kevin P. they don’t want to devote the resources to it, The ratification process, therefore, is Chilton, Commander of U.S. Strategic so they try and stop us from doing it. . . intended to produce a Resolution of Command, stated ‘‘[T]he missile tubes This treaty doesn’t accomplish that for Ratification for consideration by the that we have are valuable, in the sense them. There are no limits on us. whole Senate. The resolution should that they provide the strategic deter- I would paraphrase the Secretary’s clarify the meaning and effect of trea- rent. I would not want to trade [an blunt comments by saying simply, that ty provisions for the United States and SLBM] and how powerful it is and its our negotiators won on missile defense. resolve areas of concern or ambiguity. ability to deter, for a single missile de- If, indeed, a Russian objective in this On September 16, 2010, the Foreign fense interceptor.’’ Essentially, our treaty was to limit U.S. missile de- Relations Committee approved a Reso- military commanders are saying that fense, they failed, as the Defense Sec- lution of Ratification for the New converting silos to missile defense pur- retary asserts. Does anyone really be- START treaty by a vote of 14–4 with poses would never make sense for our lieve that Russian negotiating ambi- important contributions from both efforts to build the best missile defense tions were fulfilled by nonbinding lan- Democratic and Republican members. possible. guage in the Preamble? Or by a unilat- This resolution incorporates the con- A third argument concerning missile eral Russian statement with no legal cerns and criticisms expressed over the defense centers on Russia’s unilateral force? Or by a prohibition on con- last several months by committee wit- statement upon signature of New verting silos, which costs more than nesses, members of the committee, and START, which expressed its right to building new ones? These are toothless, other Senators. It will be further withdraw from the treaty if there is an figleaf provisions that do nothing to strengthened through our debate in the expansion of U.S. missile defense pro- constrain us. coming days. grams. Unilateral statements are rou- Moreover, as outlined, our resolution With this in mind, I would turn to tine to arms control treaties and do of ratification states explicitly in mul- specific concerns addressed in the Res- not alter the legal rights and obliga- tiple ways that we have no intention of olution of Ratification. tions of the parties to the treaty. In- being constrained. Our government is First of all, missile defense. deed, Moscow issued a similar state- investing heavily in missile defense. Some critics of the New START trea- ment concerning the START I treaty, Strong bipartisan majorities in Con- ty have argued that it impedes U.S. implying that its obligations were con- gress favor pursuing current missile de- missile defense plans. But nothing in ditioned upon U.S. compliance with the fense plans. the treaty changes the bottom line ABM Treaty. Yet, Russia did not in What the Russians are left with on that we control our own missile des- fact withdraw from START I when the missile defense is unrealized ambitions. tiny, not Russia. Defense Secretary United States withdrew from the ABM At the end of any treaty negotiation Gates, Admiral Mullen, and GEN Pat- Treaty in 2001. Nor did it withdraw between any two countries, there are rick O’Reilly, who is in charge of our when we subsequently deployed missile always unrealized ambitions left on the missile defense programs, have all tes- defense interceptors in California and table by both sides. tified that the treaty does nothing to Alaska. Nor did it withdraw when we This has been true throughout diplo- impede our missile defense plans. The announced plans for missile defenses in matic history. Resolution of Ratification has explic- Poland and the Czech Republic. The Russians might want all sorts of itly reemphasized this in multiple Russia’s unilateral statement does things from us, but that does not mean ways. nothing to contribute to its right to they are going to get them. If we con- Some commentators have expressed withdraw from the treaty. That right, strain ourselves from signing a treaty concern that the treaty’s preamble which we also possess, is standard in that is in our own interest on the basis

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We would be saying that verification regime and the inherent uous monitoring is not crucial, as it we have to live with the end of START survivability and flexibility of the was during the Cold War. inspections and other negative con- planned U.S. strategic force struc- For the United States, the New sequences of rejecting this treaty to ture.’’ We should not expect that New START treaty will allow for flexible prevent a U.S. Government in the fu- START will eliminate friction, but the modernization and operation of U.S. ture from bowing to Russian pressure treaty will provide for a means to deal strategic forces, while facilitating on missile defense. If one buys into this with such differences constructively, as transparency regarding the develop- logic, it becomes almost impossible to under START I. ment and deployment of Russian stra- seek cooperation with Russia on any- The Resolution of Ratification ap- tegic forces. thing. proved by the Foreign Relations Com- With regard to warhead counting, Let us be absolutely clear, the Presi- mittee requires further assurances by New START improves on the rules used dent of the United States, the U.S. conditioning ratification on Presi- in both START I and the Moscow Trea- Congress, and the executive branch dential certification, prior to the trea- ty. Under START I, each deployed mis- agencies on behalf of the American ty’s entry into force, of our ability to sile or bomber was attributed a max- people control our own destiny on mis- monitor Russian compliance and on imum number of weapons, for which it always counted. Each launcher of a sile defense. The Russians can continue immediate consultations should a Rus- missile or weapon also counted regard- to argue all they want on the issue, but sian breakout from the treaty be de- less of whether it still performed nu- there is nothing in the treaty that says tected. For the first time in any stra- clear missions or contained missiles. we have to pay any attention to them. tegic arms control treaty, a condition This resulted in inaccurate counts of The New START treaty’s verification requires a plan for New START moni- warheads, missiles, and launchers. regime has also been the subject of toring. Under the Moscow Treaty, there was considerable debate. The important Some have asserted that there are never agreement on what constituted point is that, today, we have zero on- too few inspections in New START. an operationally deployed strategic nu- the-ground verification capability The treaty does provide for fewer in- clear warhead. Consequently, the par- given that START I expired on Decem- spections compared to START I. But ties used their own methodology for ber 5, 2009, more than 1 year ago. Under this is because fewer facilities will re- counting which warheads fell under the START, the United States conducted quire inspection under New START. Treaty’s limits. Under New START, inspections of weapons, their facilities, START I covered 70 facilities in four one common set of counting rules will their delivery vehicles and warheads, Soviet successor states, whereas New be used by both parties regarding de- START only applies to Russia and its in Russia, Kazakhstan, Ukraine, and ployed and non-deployed IBCMs, 35 remaining facilities. Therefore we Belarus. These inspections fulfilled a SLBMs and bombers, and deployed war- crucial national security interest by need fewer inspections to achieve a heads on missiles and bomber weapons, greatly reducing the possibility that comparable level of oversight. New so that the data exchanged under this we would be surprised by future ad- START also maintains the same num- treaty will more accurately reflect vancements in Russian weapons tech- ber of ‘‘re-entry vehicle on-site inspec- modern deployment of the parties’ nology or deployment. Only through tions’’ as START I, 10 per year. Base- strategic forces. ratification of New START will U.S. line inspections that were phased out New START’s bomber counting rules technicians return to Russia to resume in New START are no longer needed are also different from START I. Under verification. because we have 15 years of START I New START, each heavy bomber is at- Under New START, the United Treaty implementation and data on tributed one nuclear weapon, despite States and Russia each will deploy no which to rely. Of course, if New START the aircraft’s ability to carry more, more than 1,550 warheads for strategic is not ratified for a lengthy period, the which reflects the modern fact that deterrence. Seven years from its entry efficacy of our baseline data would neither party maintains bombers load- into force, the Russian Federation is eventually deteriorate. ed with nuclear weapons on a continual likely to have only about 350 deployed New START includes the innovation basis. missiles. This smaller number of stra- that unique identifiers or ‘‘UIDs’’ be af- This rule is not an invention of New tegic nuclear systems will be deployed fixed to all Russian missiles and nu- START. It is consistent with President at fewer bases. It is likely that Russia clear-capable heavy bombers. UIDs Reagan’s negotiating position. He pro- will close down even more bases over were applied only to Russian road-mo- posed that bombers not be counted at the life of the treaty. bile missiles in START I. Regular ex- all because they are not first-strike Both sides agreed at the outset that changes of UID data will provide con- weapons and, thus, not destabilizing. It each would be free to structure its fidence and transparency regarding the was a concession to Moscow to include forces as it sees fit, a view consistent existence and location of 700 deployed heavy bombers as strategic offensive with that of the Bush administration. missiles, even when they are on non-de- arms in START I, but President As a practical economic matter, condi- ployed status, something that START I Reagan never agreed to count their tions in Russia preclude a massive re- did not do. maximum capacity, as the Soviets structuring of its strategic forces. The New START treaty also codifies sought. Those who have inexplicably The treaty, protocol and annexes and continues important verification criticized New START’s bomber count- contain a detailed set of rules and pro- enhancements related to warhead load- ing rules are advocating the historic cedures for verification of the New ing on Russian ICBMs and SLBMs. position of the Soviet Union, not our START treaty, many of them drawn These enhancements, originally agreed own. from START I. The inspection regime to during START I implementation, The Department of Defense plans to contained in New START is designed to allow for greater transparency in con- maintain up to 60 nuclear-capable provide each party confidence that the firming the number of warheads on bombers under the New START treaty, other is upholding its obligations, each missile. including a large number of B–52s, each while also being simpler and safer for Under START I and the INF Treaty, capable of carrying up to 20 ALCMs. the inspectors to implement, less oper- the United States maintained a contin- Maintaining this standoff delivery ca- ationally disruptive for our strategic uous, on-site presence of up to 30 tech- pability will enable the United States forces, and less costly than START’s nicians at Votkinsk, Russia to conduct to field a substantial number of pene- regime. monitoring of final assembly of Rus- trating weapons in the bomber leg of Secretary Gates recently wrote to sian strategic systems using solid rock- our triad. Flexible counting of one Congress that ‘‘The Chairman of the et motors. While this portal moni- weapon per each B–52 gives us imme- Joint Chiefs of Staff, the Joint Chiefs, toring is not continued under New diate and powerful deployment flexi- the Commander, U.S. Strategic Com- START, the decision to phase out this bility, something President Reagan mand, and I assess that Russia will not arrangement was made by the Bush ad- protected, as does New START.

VerDate Mar 15 2010 03:56 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.011 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10269 Some opponents of New START also will ever be reached. The Resolution of up by strong verification measures and contend that the treaty should not be Ratification encourages the President formal consultation methods. We are ratified because tactical nuclear weap- to engage the Russian Federation on attempting to maximize the safety of ons are not covered. But rejection of establishing measures to improve mu- our nuclear arsenals and encourage this treaty would make future limita- tual confidence regarding the account- global cooperation toward non- tions on Russian tactical nuclear arms ing and security of Russian nonstra- proliferation goals. And we are hoping far less likely. tegic nuclear weapons. to solidify U.S.-Russian cooperation on Some critics have overvalued the Finally, I would like to turn to the nuclear security matters, while sus- utility of Russia’s tactical nuclear nuclear modernization issue. taining our knowledge of Russian nu- weapons and undervalued our deterrent The New START treaty will not di- clear capabilities and intentions. to them. Only a fraction of these weap- rectly affect the modernization or the Rejecting New START would perma- ons could be delivered significantly be- missions of our nuclear weapons lab- nently inhibit our understanding of yond Russia’s borders. Pursuant to the oratories. The treaty explicitly states Russian nuclear forces, weaken our INF Treaty, the United States and So- that ‘‘modernization and replacement nonproliferation diplomacy worldwide, viet Union long ago destroyed inter- of strategic offensive arms may be car- and potentially reignite expensive mediate range and shorter range nu- ried out.’’ Yet Senate consideration of arms competition that would further clear-armed ballistic missiles and New START has intensified a debate on strain our national budget. ground-launched cruise missiles, which modernization and the stockpile stew- Bipartisan support for arms control have a range between 500 and 5,500 kilo- ardship programs. treaties has been reflected in over- meters. In fact, most of Russia’s tac- Near the end of the Bush administra- whelming votes in favor of the INF tical nuclear weapons have very short tion, a consensus developed that our Treaty, START I, START II, and the ranges, are used for homeland air de- nuclear weapons complex was at risk Moscow Treaty. I believe the merits of fense, are devoted to the Chinese bor- due to years of underfunding. In 2010, New START should command similar der, or are in storage. A Russian nu- the Senate approved an amendment to bipartisan support. clear attack on NATO countries is ef- the Defense authorization bill requir- I thank the Chair and suggest the ab- fectively deterred by NATO conven- ing a report to Congress, known as the sence of a quorum. tional superiority, our own tactical nu- 1251 report, for a plan to modernize our The PRESIDING OFFICER (Mr. clear forces, French and British nu- nuclear weapons stockpile. The 1251 re- MANCHIN). The clerk will call the roll. clear arsenals, and U.S. strategic port submitted by the administration The bill clerk proceeded to call the forces. In short, Russian tactical nu- committed to an investment of ap- roll. clear weapons do not threaten our stra- proximately $80 billion over a 10-year Mr. KERRY. I ask unanimous con- tegic deterrent. Our NATO allies that period to sustain and modernize the sent that the order for the quorum call flank Russia in Eastern and Northern United States nuclear weapons com- be rescinded. Europe understand this and have plex, which according to Secretary The PRESIDING OFFICER. Without strongly endorsed the New START Gates, was a ‘‘credible’’ program for objection, it is so ordered. treaty. stockpile modernization. Pursuant to Mr. KERRY. Mr. President, I ask It is important to recognize that the this report, the administration sub- unanimous consent that I be permitted size differential between Russian and mitted a fiscal year 2011 request for $7 to proceed in morning business for such American tactical nuclear arsenals did billion, a nearly 10 percent increase time as I may consume. not come to pass because of American over fiscal year 2010 levels. The 1251 The PRESIDING OFFICER. Without inattention to this point. During the plan was recently augmented by an ad- objection, it is so ordered. first Bush administration, our national ditional $5 billion in funding. The di- Mr. KERRY. I ask unanimous con- command authority, with full partici- rectors of our National Laboratories sent that the Senator from California, pation by the military, deliberately wrote on December 1 that they were Mrs. FEINSTEIN, be recognized at the made a decision to reduce the number ‘‘very pleased’’ with the updated plan, conclusion of my remarks. of tactical nuclear weapons we de- which provides ‘‘adequate support to The PRESIDING OFFICER. Without ployed. They did this irrespective of sustain the safety, security, reliability, objection, it is so ordered. Russian actions, because the threat of and effectiveness of America’s nuclear Mr. KERRY. Mr. President, I ask to massive ground invasion in Europe had deterrent’’ under New START’s central rescind that request. largely evaporated due to the breakup limits. The PRESIDING OFFICER. Without of the former Soviet Union. In addi- The resolution of ratification passed objection, it is so ordered. tion, our conventional capabilities had by the Foreign Relations Committee Mr. KERRY. And that at such time improved to the extent that battlefield declares a commitment to ensure the that the other side has had an oppor- nuclear weapons were no longer needed safety, reliability, and performance of tunity to speak, Senator FEINSTEIN be to defend Western Europe. In this at- our nuclear forces through a robust recognized for 1 hour. mosphere, maintaining large arsenals stockpile stewardship program. The The PRESIDING OFFICER. Without of nuclear artillery shells, landmines, resolution includes a requirement for objection, it is so ordered. and short range missile warheads was a the President to submit to Congress a Mr. KERRY. I thank the Presiding bad bargain for us in terms of cost, plan for overcoming any future re- Officer. safety, alliance cohesion, and prolifera- source shortfall associated with his 10- f tion risks. year 1251 modernization plan. The reso- NEW START TREATY In my judgment Russia should make lution also declares a commitment to a similar decision. The risks to Russia modernizing and replacing nuclear Mr. KERRY. Mr. President, this of maintaining their tactical nuclear weapons delivery vehicles. afternoon, the Senate takes up an issue arsenal in its current form are greater In closing, it is imperative that we that is critical to our Nation’s secu- than the potential security benefits vote to provide our advice and consent rity, and we have an opportunity, in that those weapons might provide. to the New START treaty. doing so, to reduce the danger from nu- They have not done this, in part be- Most of the basic strategic concerns clear weapons in very real and very cause of their threat perceptions about that motivated Republican and Demo- measurable terms. We have an oppor- their borders, particularly their border cratic administrations to pursue nu- tunity to fulfill our constitutional obli- with China. clear arms control with Moscow during gation that requires the Senate to pro- An agreement with Russia that re- the last several decades still exist vide a two-thirds vote of the Members duced, accounted for, and improved se- today. We are seeking mutual reduc- present who must vote in favor of a curity around tactical nuclear arsenals tions in nuclear warheads and delivery treaty. is in the interest of both nations. Re- vehicles that contribute to stability The Constitution, by doing that, in- jection of New START makes it un- and reduce the costs of maintaining sists on bipartisanship. It insists on a likely that a subsequent agreement the weapons. We are pursuing trans- breadth of support that is critical to concerning tactical nuclear weapons parency of our nuclear arsenals, backed our foreign policy and to the security

VerDate Mar 15 2010 03:56 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.012 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10270 CONGRESSIONAL RECORD — SENATE December 15, 2010 definitions of our country. That obvi- ‘‘Statesmen,’’ that is the word we So we have time to do this treaty. If ously requires that we put politics need to focus on in these next days. we approach it seriously, if we do not aside and act in the best interests of Too often in recent months—the Amer- have delay amendments and delay our country. ican people signaled that in the last amendments, I believe we have an op- I am confident that in the next days election—the Senate has been unable portunity to embrace the fact that this the Senate will embrace this debate in to lift America to meet its challenges. New START treaty is a commonsense the substantive way it deserves to be Too often we became one of those chal- agreement in the next step to reduce embraced, and we look forward to wel- lenges, and rather than cooperating or down to 1,550 warheads and to enhance coming constructive amendments from compromising, we saw blockade after stability between two countries that our colleagues on the other side of the blockade and an inability to be able to together between them possess some 90 aisle. We will, obviously, give them address a number of issues. percent of the world’s nuclear weapons. time to be able to make those sugges- As Senator DODD said: What deter- It will limit Russia over the next 10 tions, and we certainly look forward to mines whether this institution works years to those 1,550 deployed warheads, having an important discussion about is whether the 100 of us can work to- 700 deployed delivery vehicles, and 800 the security of our Nation. gether. launchers. It will give us flexibility in We have been working together for a So with the New START treaty, we deploying our own arsenal. We have lot of months now to get us to this have the opportunity to do that and to huge flexibility in deciding what we point in time, and I think it is indis- demonstrate our leadership to the put on land, what we put in the air, and putable that we have worked in good world. I would say to my colleagues what we put at sea. At the same time, faith on our side of the aisle to try to that just 2 days ago the Foreign Rela- it will allow us to eliminate surplus provide enormous latitude to col- tions Committee had the privilege of weapons that have no place in today’s leagues who have had questions about welcoming the entire United Nations strategic environment. New START’s this treaty, some of whom have op- Security Council, which came to Wash- verification provisions are going to posed this or other treaties from the ington with our Ambassador, Dr. Susan deepen our understanding of Russia’s beginning but who wanted to engage in Rice. Much on their minds was this nuclear forces. the process. question of: Could the Senate rise? For the past 40 years, the United I think the administration, to their Would the Senate accomplish this im- States, often at the instigation of Re- credit—Secretary Gottemoeller and portant goal, which has meaning not publican Presidents, has used arms others who have negotiated the trea- just to us but to them because they control with Russia to increase the ty—has been available throughout the have joined with us in resolution 1929 transparency and the predictability of process. There have been an enormous in order to put pressure on Iran, not to both our nuclear arsenals, and this has number of briefings and discussions, mention the long-term efforts we have built trust between our two countries. dialogs, phone calls. There has been a made with respect to North Korea. It has reduced the chances of an acci- very open effort, as open, incidentally, So what we do is going to be an ex- dent. It stabilized our relationship dur- as any I can remember in 25 years in pression of our opportunity, of our ing times of crisis. It has provided for the Senate—and I have been through ability to be able to provide leadership greater communication and greater un- this treaty process with President to the American people. derstanding and, as everybody knows, Reagan, President Bush, President Let me clarify one thing at the out- in making military decisions and stra- Clinton, and others—and I think this set of this discussion. We have enough tegic decisions, one’s understanding of has been as open and as accessible and time to do this treaty. To anybody who the legitimacy of a particular threat as in-depth and, frankly, as accommo- wants to come out here and claim: Oh, and the immediacy of that threat and dating as any of those, if not signifi- no, we do not have time; we cannot do knowing what the intentions and ac- cantly more. it; it is right before Christmas, and so I wish to begin by thanking my col- tions of a potential adversary might be forth, let me just remind people the league in this effort, my friend and a is critical to being able to make wise original START agreement, which was longtime knowledgeable advocate on judgments about what reaction might behalf of nuclear common sense, Sen- passed back in 1992, was a far more dra- best be entertained. matic treaty than the New START. Frankly, that trust is exactly why ator LUGAR. We all know he is one of The original START treaty was for- the world’s foremost experts on the President George H.W. Bush signed the mulated in the aftermath of the demise subject of threat reduction and pro- START I and the START II treaties. of the Soviet Union. There was huge liferation reduction. There are very few That is why these treaties passed the uncertainty in Russia at that point in Senators who can look out and see a Senate with overwhelming bipartisan time. The Soviet Union had just col- program that has been as constructive support. lapsed. Yet despite all the uncertainty, New START simply stands on the in reducing the threat to our Nation despite the complexity of going from shoulders of those two START agree- that bears their name—the Nunn- some 10,000 nuclear warheads down to ments. It is not new. There are a few Lugar Threat Reduction Program—and 6,000, the full Senate needed only 5 new components of it, a few twists in it has been an honor for me to work days of floor time in order to approve terms of the verification, other things, with Senator LUGAR and to have his the treaty by a vote of 93 to 6. but they are not fundamentally new. wise counsel in this process and, equal- The START II treaty, which followed They also stand on the trust and the ly important, to have his courage in it about 4 years later, took only 2 days fact of the legitimate enforcement of being willing to stand for what he be- on the floor of the Senate. It was ap- that treaty over all the years that lieves in so deeply and what he knows proved 87 to 4. START has been in effect. will advance the cause of our Nation. The Moscow Treaty, which actually So we are not beginning from I might comment to my colleagues resulted in the next further big reduc- scratch. We have a 1992 until today that what we are doing in these next tion—because START II was ratified by record of cooperation and of knowledge hours and days, providing advice and the Senate but not approved by Russia and increased security that has come consent, is a responsibility that is ob- because of what had happened with the to us because of the prior agreements. viously given only to the Senate. The ABM Treaty, the unilateral pullout of That is, frankly, why I was so pleased Founding Fathers intended that the the United States; so in their pique at President Bush—George Herbert Walk- Senate be able to rise above the petti- that, it was not ratified—but we man- er Bush—last week, issued a statement ness of partisan politics. As our friend aged to go to the Moscow Treaty, and urging the Senate to ratify this treaty. CHRIS DODD said in his valedictory it resulted in further reductions to In addition to stabilizing the United speech: some 1,700 to 2,200 weapons, a very dra- States-Russia nuclear relationship, The Senate was designed to be different, matic reduction. That treaty, which New START has a profound impact on not simply for the sake of variety but be- cause the Framers believed the Senate could did not have any verification measures our ability to be able to work to try to and should be the venue in which statesmen in it at all—no verification—that trea- stop the spread of nuclear weapons in would lift America up to meet its unique ty took only 2 days on the floor of the states such as Iran. I might point out challenges. Senate, and it was approved 95 to 0. that in the 7 months since President

VerDate Mar 15 2010 05:11 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.055 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10271 Obama signed this agreement, Russia Lugar Cooperative Threat Reduction has been more than 1 year since we had has already exhibited a greater cooper- Program. That is, simply put, the most inspectors on the ground in Russia ative attitude in working with the successful nonproliferation effort of without access to their nuclear facili- United States on a number of things, the last 20 years. As James Baker, ties. Every day for the past year our not the least of which is in supporting former Secretary of the Treasury and knowledge of their arsenal or whatever harsher sanctions against Iran, and Secretary of State, said: they are doing begins to diminish, one they have suspended the sale of the S– I really don’t think Nunn-Lugar would step, one small amount at a time, cu- 300 air defense system to Tehran. That have been nearly as successful as it was if mulatively over time, which is why our is critical. the Russians had lacked the legally binding entire national intelligence commu- We were struggling a couple years assurance of parallel U.S. reductions through nity has come out and said this treaty, ago to try to strengthen the sanctions the START treaty. in fact, will advance America’s secu- against Iran. There is not a Member of So the New START is going to rity and assist us to be able to know this body who did not articulate, at strengthen our ability to continue to what Russia is doing. one point or another, the need to move secure loose nuclear materials, and to the Iran Sanctions Act. We finally Let me point out 2 weeks ago James without New START, absolutely, to a Clapper, the Director of National Intel- did that, but we did not have a partner- certainty, that ability to contain those ship. Neither China nor Russia, who are ligence, urged us to ratify the New materials will be weakened. START and he said: ‘‘I think the ear- permanent members of the Security In short, New START is going to help lier, the sooner, the better.’’ That is Council, were joining in that effort, so us address the lingering dangers of the our National Intelligence Director. we could not get the United Nations old nuclear age while giving us impor- even to move. tant tools to be able to combat the Others have tried to suggest again Now we have, and there is nobody threats of the new nuclear age, and the that this is a squeeze in the last days who has watched the evolution of this sooner we approve it the safer we will here, but let me say respectfully I have restart with Russia who does not un- become. already given the timeframe. START derstand that cooperation has been en- That is why there is such an out- took 5 days; START II, 2 days; Moscow, hanced by our signing of this treaty. pouring of support for this treaty. 2 days. So if we work diligently, there To not ratify it now would be a very se- Every single living former Secretary of is nothing to stop us from finishing rious blow to that cooperative effort State, Republican and Democrat, sup- this in the time we have. We just have and, in fact, according to many ex- ports this treaty. So do five former to stay here and make it clear we are perts, could ignite an opposite reaction Secretaries of Defense and the Chair going to stay here, and the President that would move us back into the and the Vice Chair of the 9/11 Commis- wants us to, and HARRY REID has said kinds of arms race we have struggled sion. So do seven former commanders we will, until we get this done. The so long to get out from under. So the of our nuclear forces and the entirety fact is that starting in June of 2009, fact is, we need to understand that re- of our uniformed military, including over a year ago—a year and a half lationship. Admiral Mullen and the service chiefs, ago—the Foreign Relations Committee I might add, I think Steve Forbes, in and our current nuclear commander. was briefed at least five times during Forbes magazine, wrote an article just All support this treaty as well. It is dif- the talks with the Russians. We met the other day urging the Senate to rat- ficult to imagine an agreement with downstairs in the secure facilities with ify START because he said it does not that kind of backing from so many in- the negotiators while they were negoti- just have an implication in terms of ating. We met with them before they the security component of it, the nu- dividuals who contributed so much to our Nation’s security, almost all of negotiated. We gave them parameters clear side, it has a very strong eco- we thought they needed to embrace in nomic component. He is arguing for whom know a lot more about each of these arguments than any Senator— order to facilitate passage through the greater economic engagement between Senate. We met with them while they Russia and the United States and Rus- myself, everybody here. They have been in the middle of this, and over the were negotiating at least five times— sia and the West. He said the restart Senators from the Armed Services relationship is critical to that in- last weeks every single one of them has spoken out in favor of this treaty. Committee, Senators from the Intel- creased commerce, to that increased ligence Committee, Senators from the economic strengthening between our Some have suggested we shouldn’t rush to do this, but I have to tell my Senate’s National Security Working countries. I hope my colleagues will Group, which I cochair along with Sen- look carefully at a strong conservative colleagues, only in the Senate would a ator KYL. Whenever Senator KYL want- voice such as his that urges the ratifi- year and a half be a rush. We started working on this treaty a year and a ed to meet with that group, we called a cation of this treaty. meeting with that group. We met and In addition to the Russian compo- half ago. Senators have had unbeliev- called in Rose Guttemoeller and others nent of the relationship, New START able opportunity to be able to do this. and we sat and talked. The Select Com- will help us keep nuclear weapons out I think the question is not why would mittee on Intelligence did its work. In of the hands of terrorists. One of the we try to do it now, it is why would we the end, if you count them, more than greatest fears of our security commu- not try to do it now. For what reason nity is that terrorists may not nec- within the four corners of the actual 60 Senators were able to follow the ne- essarily get what we strictly call a nu- treaty—not talking about moderniza- gotiations in detail over a 1-year pe- clear bomb, but they may be able to tion; that is not in the four corners of riod. Senators also had additional op- get nuclear material through back the treaty—notwithstanding that, the portunities to meet with the negoti- channels and through the black market administration has allowed delay after ating team and a delegation of Sen- because it has not been adequately delay after delay in order to help work ators even traveled to Geneva, which guarded and because we have not re- with Senator KYL and provide adequate the administration helped to make duced the numbers of missiles and the increases in modernization, so much so happen in order to meet with the nego- amount of material and so they could that the modernization is way above tiators while the negotiations were get a hold of some of that material and what it was under President Bush or going on. make what is called a dirty bomb; that any prior administration. But that is So even though the New START was is, a bomb that does not go off in nu- not in the four corners of the treaty. formally submitted to the Senate in clear reaction but which, because of That is something you do because you May, the fact is Congress knew a lot the nuclear material that explodes want to maintain America’s nuclear about this treaty before it was even with it, has a very broad toxic impact force, and we all want to do that, signed. The President made certain we on a very large community. That is a which is why we have worked hard to were continually being briefed and that legitimate concern and one of the rea- be able to provide that funding. the input of the Senate was taken into sons why we drive so hard to reduce the I believe the importance here is to account in the context of those nego- nuclear actors in the world. recognize it has been more than a year tiations. No other Senate—not next The original START agreement was, since the original START treaty and year’s Senate—could come back here frankly, the foundation of the Nunn- its verification provisions expired. It and replicate what this Senate has

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The Secretary of up and complete the task on this be- weeks ago, five former Republican Sec- Defense says it does nothing to con- cause we have put a year and a half’s retaries of State—five—Henry Kis- strain our missile defense plans. The work into it. We have done the prepa- singer, George Shultz, James Baker, Chairman of the Joint Chiefs of Staff ration. We have the knowledge. It is Lawrence Eagleburger, and Colin Pow- says it does nothing to constrain our our responsibility. ell—wrote an article saying they sup- missile defense plans. The commander The fact is over the last 7 months, port ratification of New START be- of our nuclear forces says it does noth- this Senate has even become more im- cause it embraces Republican prin- ing to constrain our defense plans. In- mersed in the treaty. We have had ciples such as strong verification. Last deed, the man who probably knows briefings. Documents have been sub- week, Condoleezza Rice published an more about these plans in the greatest mitted. Nearly 1,000 formal questions op-ed which said that the New START detail—much more than any Senator— were submitted to the administration treaty deserves bipartisan support LTG O’Reilly, the head of the Missile and they have been answered. We have when the Senate decides to vote on it. Defense Agency, testified that in many volumes of these questions, all of As Secretary Rice wrote, approving ways, the treaty reduces constraints on which were asked by Senators, com- this treaty is part of our effort to ‘‘stop our missile defense testing. Get that. pletely within their rights, totally ap- the world’s most dangerous weapons The head of missile defense says this propriate in the ratification process. from going to the world’s most dan- treaty reduces the constraints on our We welcome it. I think it has produced gerous regimes.’’ missile defense testing. a better record and a stronger product. So if some think we haven’t somehow He also testified that the Russians The Foreign Relations Committee considered this treaty carefully, I en- signed the treaty full knowing that we conducted 12 open and classified hear- courage them to revisit the voluminous are committed to the phased adaptive ings. We heard from more than 20 wit- record that has been produced over the approach in Europe. He said: nesses. The Armed Services Committee last year and a half, and I look forward I have briefed the Russians personally in and the Intelligence Committee held to reviewing it here as we debate New Moscow on every aspect of our missile de- more than eight hearings and classified START in the coming days. fense development. I believe they understand briefings of their own. We heard from In the end, I am confident we are what it is and that those plans for develop- Robert Gates, the Secretary of Defense; going to approve this treaty just as the ment are not limited by this treaty. from ADM Mike Mullen, the Chairman Senate approved the original START Now, if the head of our missile de- of the Joint Chiefs of Staff; GEN Kevin treaty in 1992. At that time there were fense sees no problem with this treaty, Chilton, the Commander of the Stra- also Senators who insisted on delay. I don’t understand the concerns being tegic Command; LTG Patrick O’Reilly, There were Senators who suggested expressed. But if a Senator is still wor- the Director of the Missile Defense that serious questions remained unan- ried about the New START missile de- Agency, who incidentally repeated swered. That is their privilege. There fense treaty, notwithstanding his com- what every single person involved in were Senators who drafted dozens and ments, then they ought to read condi- this, from Secretary Gates all the way dozens of amendments. But in the end, tion 5, understanding 1, and declara- through the strategic command, has within 5 days, the Senate came to- tions 1 and 2, all of which speak di- said: gether to approve the treaty 93 to 6. rectly to that issue. So what is important that we pay at- This treaty does nothing to negatively im- We have also addressed the issue of tention to as we look at the big picture pact America’s ability, or to even impact it what resources are needed in order to in a way that prevents us from doing exactly here and to the national imperative, sustain our nuclear deterrence and what we want with respect to missile de- the security imperative behind this modernize our nuclear weapons infra- fense. treaty and what our military leaders structure. This is not an issue that We also heard from the directors of and civilian leaders are urging us to falls within the four corners of the the Nation’s nuclear laboratories, the think about, both past and present? treaty, as I mentioned. But as a matter intelligence officials who are charged Well, if you pay attention to the facts, with monitoring the threats to the you can come to only one conclusion, of good faith, in an effort to sort of ac- United States, and we heard, as I men- and that is we have to ratify this trea- celerate the ability of people to sup- tioned previously several times, from ty. port this treaty, every step of the way the negotiators of the agreement. We Some of our colleagues have said the administration, in good faith, has heard from officials who served in the they could support the treaty if we ad- worked to provide Senator KYL and Nixon administration, Ford, Carter, dressed certain issues in a resolution of others with the full knowledge of how Reagan, Bush, Bush 41, Clinton, Bush ratification. Well, again, I hope they that program is going to go forward 43. We heard from officials in every one are listening. We have addressed the from their point of view. of those administrations, and you issues they raised in the resolution of Obviously, the administration know what. Overwhelmingly, they told ratification. I think many people may doesn’t control what a Republican us we should ratify the New START. not even be aware of how much we House is going to do next year. I don’t As I said, some of the strongest sup- have put into the resolution of ratifica- know. But Senator INOUYE has given port for this treaty comes from the tion and how much we have done over his assurances. Senator FEINSTEIN has military. On June 16 I chaired a hear- the last 7 months to respond to the given her assurances. We have shown a ing on the U.S. nuclear posture, mod- concerns raised during the consider- good-faith effort to guarantee that ernization of our nuclear weapons com- ation of the treaty. there is knowledge of the funding going plex and our missile defense plans. The draft resolution is 28 pages long. forward—the 1251 program, which lays General Chilton, Commander of the It contains 13 conditions, 3 under- out the spending going forward and has U.S. Strategic Command, who is re- standings, 10 declarations, and the con- been made available ahead of schedule, sponsible for overseeing our nuclear de- ditions will require action by the exec- in a good-faith effort to try to make terrent, explained why the military utive branch. The understandings are certain every base is covered. supports the New START. He said: formally communicated to the Rus- The Obama administration proposed If we don’t get the treaty, A, the Russians sians, and the declarations express spending $80 billion over the next 10 are not constrained in their development of clear language of what we in the Sen- years. That is a 15-percent increase force structure; and B, we have no insight ate expect to happen in the next years. over the baseline budget, even after ac- into what they are doing. So it is the worst That is the distinction between each of counting for inflation. It would have of both possible worlds. those categories. been much more an amount than was That is the head of our Strategic This resolution currently addresses spent during the Bush administration. Command telling us if you don’t ratify every serious topic we have addressed Notwithstanding that commitment,

VerDate Mar 15 2010 03:56 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.057 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10273 still last month some Senators ex- bate. I hope we can also work out—ev- companies to cut their 2011 investment pressed further concerns. So guess erybody knows the holiday is upon us— in the gulf to one-third of what it was what. The administration responded I hope we can work out reasonable a year ago. even further and put up an additional time periods on amendments. We are Time and again we have heard from $5 billion over the next 10 years. In re- certainly not going to prolong debate. I BOEMRE and Interior Secretary sponse, the directors of our three nu- think most Senators have a sense of Salazar that they don’t have enough clear weapons laboratories sent me a where they feel on most of these issues. people to issue permits. They need letter saying they were ‘‘very pleased We look forward to working with our more staff and they need to dedicate with the new plan,’’ and they said: colleagues in a very constructive way resources. They need more money and We believe that the proposed budgets pro- to try to expedite the process for our they need to focus on this permitting vide adequate support to sustain the safety, colleagues. We have other business be- program. I have also been told that In- security, reliability, and effectiveness of fore the Senate, as well, and we are terior needs more money—specifically America’s nuclear deterrent within the limit cognizant of that. $100 million additional. of the 1,550 deployed strategic warheads dis- This is truly a moment where we can In light of all these claims, all of tinguished by the new START Treaty with increase America’s hand in several of these requests—more people and more adequate confidence and acceptable risk. the greatest challenges we face on the money—and in light of the enormous Last week, the person responsible for planet. First and foremost, obviously, frustration we feel in Louisiana and in running our nuclear weapons complex, if we are truly committed to a non- the gulf, I want to get to this little who was originally appointed by nuclear Iran, if the United States can newspaper headline I referenced a few George W. Bush, told the Wall Street turn away from reducing weapons with minutes ago. It came out yesterday, Journal: Russia in a way that sends a message and it reads: ‘‘BOEMRE Team Returns I can say with certainty that our nuclear to them about our bona fides and clean from Papua, New Guinea Visit After infrastructure has never received the level of hands in this effort, it would be a trag- Sharing Technical Expertise with Offi- support we have today. edy if we didn’t take this opportunity cials.’’ That is a ringing endorsement, Mr. in order to strengthen the President’s It reads: President, one that is completely per- and the West’s and the U.N.’s hands in Experts from the Bureau of Ocean Energy suasive—or ought to be—to any reason- trying to deal with this increasingly Management, Regulation and Enforcement able mind with respect to this issue. If threatening issue. (BOEMRE) recently completed a technical Senators are still concerned, then I I hope our colleagues will warmly assistance workshop on offshore oil and gas suggest they go see condition 9 of the rise to that challenge in the Senate. regulatory programs for the Government of resolution of ratification. It says if any I thank the Chair and yield the floor. Papua, New Guinea. The workshop was spon- of this funding doesn’t materialize in The PRESIDING OFFICER. The Sen- sored by the U.S. Department of State’s En- ergy Governance and Capacity Initiative. the coming years, the President is re- ator from Louisiana is recognized. This is the same Interior Department quired to report to Congress as to how f he or she will respond to that shortfall. that can’t get a single exploration Every other issue that has been BOEMRE PAPUA, NEW GUINEA plan, not a single deepwater permit to raised is also addressed in the resolu- VISIT drill out the door; the same Interior tion as well. If you are worried about Mr. VITTER. Mr. President, I rise to Department and BOEMRE that claims modernizing our strategic delivery ve- discuss an issue that is very important they need more money to hire more hicles, declaration 13 gets at that con- to Louisianians and folks along the staff to get this job done. cern. Conventional prompt global gulf coast and very important to the Apparently, they have plenty lati- strike capabilities—look at conditions entire country, which is continuing the tude and staff and money for a 3-day 6 and 7, understanding 3, and declara- de facto moratorium—the workshop in Papua, New Guinea, to tion 3. ‘‘permatorium’’ is what many folks discuss offshore permitting, which they Tactical nuclear weapons are like- have called it—in terms of drilling, en- can’t get done in the United States. wise covered in the resolution. ergy production in the Gulf of Mexico. I think we need to take a little time Verifying Russian compliance is also There is one particular headline I to explain to the Government of Papua, covered. Even the concern raised about want to point out in this context that New Guinea, that the last thing in the rail mobile missiles has been addressed is very frustrating and baffling. If it world they want to do, assuming they in the resolution of ratification. weren’t so serious, it would be comical. are interested in creating jobs at home Obviously, there is room for someone Over the last several months, Louisian- through a workable permitting process, else to come in and say you need to do ians have grown increasingly frus- is to talk to these folks. These are the this or that; not everything has been trated with the Interior Department in same folks who can’t get a single deep- covered. We completely remain open to particular—and in particular, what water permit or a single exploration any reasonable and legitimate efforts used to be called MMS but is now the plan out the door. to improve on or guarantee some safe- Bureau of Ocean Energy Management, As I said, this would be comical ex- guard that somehow is not included in Regulation, and Enforcement or cept it is not because it is dead serious, a way that it can be without obviously BOEMRE. Louisianians have come to and it is losing American jobs and it is trying to scuttle the treaty itself. pronounce that ‘‘bummer.’’ That is be- exporting economic activity from our I have reached out to colleagues. We cause that agency hasn’t been doing its country overseas. have had terrific conversations. I work to issue permits to get Americans The Interior Department is crushing thank my colleagues on the other side back to work to produce American en- domestic energy production that is de- of the aisle who have sat with us in a ergy. stroying good-paying jobs, losing rev- lot of efforts and inquired and helped Related to that, earlier this week I enue for the Treasury, and making us to navigate this process. But make publicly announced a hold on Dr. Scott America more energy insecure. If I can no mistake, we are not going to amend Doney to be chief scientist at NOAA give one simple recommendation to the treaty itself. We are willing to ac- until Interior and BOEMRE show that BOEMRE this holiday season in regard cept resolutions that don’t kill the it is capable of responding to a letter I to expediting the permitting process, treaty, but we are not going to get into had sent it about this ‘‘permatorium,’’ maybe they should keep their staff some process after all that has been the sad state of affairs, and until they planted in their seats at home. Maybe said and done by all of the different bi- are willing to explain to Congress find- they should pass on the next trip to partisan voices that have inspected ings in an IG report I had requested Papua, New Guinea, and the next work- this treaty and found it one that we back in June. shop with our partners around the should ratify. Since June of this year, not a single globe. Maybe they should focus on get- Mr. President, I have been through new exploration plan or deepwater per- ting the first exploration plan and the all the folks who signed and endorsed mit to drill has been approved by these first new deepwater permit out the it, et cetera. I simply say I hope in the bureaucracies—not a single one—idling door. Maybe they should get that job next hours we will have a healthy de- billions of dollars of assets and forcing done and put Americans back to work

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The Sen- country would have the ability to put allow us to look at something like the ator from Tennessee is recognized. spending constraints in place. amendment I have offered where we f I think everyone knows our country take spending that is at an alltime faces—and these are not rhetorical high of 24 percent of our gross domestic OMNIBUS APPROPRIATIONS issues—a crisis as it relates to these product today and over the next 10 Mr. CORKER. Mr. President, I know issues. The world markets are watch- years take it down to our 40-year aver- the START treaty is going to be before ing us. I think we have seen our inter- age of 20.6 percent. CLAIRE MCCASKILL us soon. I realize we had a motion to est rates on our bonds rise pretty dra- and I are cosponsoring, in a bipartisan proceed to that today. I think I have matically even since the tax bill came way, a bill or an amendment—depend- indicated a willingness to support the out. And that was a tough vote for me ing on how it is offered—to do just treaty if all the t’s are crossed and the because, again, in order to create cer- that, and there may be other things. i’s are dotted on modernization. I know tainty and to ensure that the economic We know the deficit reduction com- there are a number of commitments prosperity of this country resumed and mission just spent a tremendous that are forthcoming from the White that we continue on the pace we are on amount of time—and I know the Pre- House and other places regarding mod- today, I felt it was important to go siding Officer has talked personally to ernization. ahead and get that behind us. leaders multiple times—they spent a My hope is the same on missile de- But I always thought and I hoped— tremendous amount of time this year fense. I am very concerned we are and still do—that what we would move looking at what we as a government doing this in the middle of an omnibus, to very quickly is really driving down need to do to be responsible; to make which is a 1,924-page omnibus. I am spending in relation to our country’s sure people around the world view our very concerned about a treaty of this gross domestic output. I have offered credit as something in which they are substance, this seriousness, dealing an amendment to do just that, as I did willing to invest; to really make sure with nuclear arms, being taken up in that on the tax bill. I plan to offer the that, for these pages who sit in front of such a disconcerted way. same on this particular discussion we me and who work so hard here, we are I voted against the motion to pro- are having now. But I am unbelievably not, in essence, living a life and ceed. I do hope, as the leaders indi- disappointed that we would even con- layering debt upon debt on top of the cated, all of those who wish to offer sider punting the spending issue for a balance sheet they will have to deal amendments—and I know there will be year. That is what we would be doing. with. a number of serious and thoughtful In essence, if this omnibus bill were to I cannot believe that, in the atmos- amendments that matter—will be pass, we would be passing a huge spend- phere of just having that report come heard. I am still skeptical that can be ing bill. forward, having us look at how Draco- done in an appropriate way. Again, let me go back. Typically, ap- nian the problem is and some of the Again, I think this treaty, with the propriations are handled one bill at a tough decisions a courageous Congress t’s crossed and i’s dotted, with the ap- time. There are typically 12 appropria- would need to make to put our country propriate time allotted, whether it is tions bills. What happens when we do back on the right path, we would even now or it ends up being in February, that is we are able to pick out wasteful consider passing this massive piece of and if the resolution is not weakened programs here on the floor and maybe legislation that, in essence, would kick in any way, is still something I will defund those, and we are able to really the can down the road for a year and plan to support. But I am very skep- scrutinize all of the programs of gov- basically let the wind out of this mo- tical we can do that appropriately dur- ernment, which is what the American mentum that has been building for us ing this lameduck session, with this people want us to do. Instead of that— to actually do the right thing. I can’t omnibus before us. especially in a climate where the imagine we would do that. Let me turn to the omnibus because American people almost revolted at I know the Chair knows our debt ceil- that is what the American people are the polls, and I know you know this ing vote is going to be coming up soon. most focused on today. I cannot tell very well—instead of carefully consid- It is going to happen sometime in you how disappointed I am that an ap- ering our spending, what we are being April, maybe May. Maybe it will drag propriations bill of this size—one that asked to do is to vote on 1 bill that has out as long as the first week in June. has an increase in spending and over all 12 of those appropriations bills That is a vote where we vote to raise 6,000 earmarks—as a matter of fact, I packed into it, again with 6,000 ear- the amount of debt this country can know the Chair is aware of this because marks, and we are asked to vote on enter into. I know a lot of people say it we had a great conversation this morn- that here in the next few days. I think is irresponsible not to vote for a debt ing about spending. We had a large it is reprehensible, and I say that re- ceiling increase because we have al- number of people on the Senate floor spectfully. ready spent the money. It would be yesterday talking about our concern I know people on our Appropriations like going out and running up a credit for fiscal issues. But the bill is 1,924 Committee have worked together in a card bill and then not paying it. But I pages long. These are just the ear- very serious way over the last year. I think it is irresponsible not to act re- marks. These are just the earmarks, know they have. And I know the Ap- sponsibly prior to taking that vote. not the bill itself I am holding. propriations Committee is a committee What I am so disappointed in is that I am stunned that, after the message that probably has the most bipartisan a vote on this omnibus bill before us that was sent during this last election, spirit of any committee in the Senate. probably prevents us from going ahead Congress will basically say—or many So I can understand their desire to and doing some things this spring that Members—to the American people: We want to finish their work. But it is we know are responsible and will really understand you are very upset and that being done inappropriately. This is not drive down the cost of government to you have concerns that are true con- the way serious people conduct their an appropriate level. cerns about the country’s fiscal condi- business. They take up these bills one So I know there is a lot of pressure, tion. Yet we don’t really care. at a time. Sometimes there are two or probably, in the caucuses—maybe the Mr. President, it is my hope that three, when they are very small appro- caucus on the other side of the aisle what will happen is that saner heads priations bills, that are banded to- that meets at lunch; I know there is a will prevail and that what we will do is gether. That is called a ‘‘minibus,’’ if meeting again tomorrow—I know there pass a short-term CR—a continuing you will. But to do this all at once flies is a lot of pressure to get this out of resolution, for those who may be lis- in the face of everything we know to be the way. But I know with every cell of tening in and don’t know what that is. good government. All of us know this my body that passing this omnibus That would give us the ability to oper- is not the right way to fund govern- right now is absolutely the wrong ate the government through February ment. thing to do for the country from the

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In ty, when it enters into force, will ben- there are people on both sides of the May of this year, the Pentagon made a efit intelligence collection and anal- aisle who have some commonality as to rare public announcement of the cur- ysis. And No. 3, intelligence analysis what the path forward is in making rent U.S. nuclear stockpile—5,113 nu- indicates that failing to ratify the New sure this country lives up to its obliga- clear warheads, including deployed and START treaty will create negative tions to the American citizens, that we nondeployed and not including war- consequences for the United States. don’t just live for today. That is what, heads awaiting dismantlement. Ac- My comments today are, of course, by the way, we would be doing by pass- cording to the Federation of American unclassified, but I would note that ing this—living for today and passing Scientists, Russia’s stockpile includes there is a National Intelligence Esti- on those obligations to the future. 4,650 deployed warheads—deployed war- mate on monitoring the New START I hope that by the time we take the heads—both strategic and tactical. In- Treaty available to Senators. I have vote on this bill, it will be defeated and cluding nondeployed warheads, the es- written a classified letter to Senators that people who deeply care about the timate of Russia’s arsenal is 9,000 war- KERRY and LUGAR that spells out these future of this country will come to- heads, plus thousands more waiting to arguments in greater detail. Members gether, pass a short-term continuing be dismantled. are welcome to review both documents. resolution—which I think most of us in Many—and here is the key—many of Following President Reagan’s advice this body know is the responsible thing these weapons are far in excess of 100 to ‘‘trust but verify,’’ and in line with to do—and that we will begin to work kilotons or more than five times the all major arms control treaties for dec- after the first of next year, when this size of the bombs dropped on Hiroshima ades, New START includes several pro- lameduck session ends, doing the and Nagasaki. Some are far, far larger. visions that allow the United States to things this country needs most, and Many of these weapons are on high monitor how Russia is reducing and de- that is all of us having the courage to alert, ready to be launched at a mo- ploying its strategic arsenal, and vice make those cuts and do what is nec- ment’s notice, and their use would re- versa. essary to get our country back on a sult in unimaginable devastation. The U.S. intelligence community will sound footing. So I ask my colleagues during this use these treaty provisions and other Mr. President, I yield the floor, and I debate to reflect carefully on the ex- independent tools, such as the use of thank the Chair for the time. traordinary, lethal nature of these national technical means, for example, The PRESIDING OFFICER. The Sen- weapons as we consider this treaty. our satellites, to collect information ator from California. This treaty is actually a modest step on Russian forces and whether Russia is complying with the treaty’s terms. f forward, not a giant one. It calls for cutting deployed strategic nuclear war- These provisions include on-the-ground NEW START TREATY heads by 30 percent below the levels es- inspections of Russian nuclear facili- Mrs. FEINSTEIN. Mr. President, as tablished under the 2002 Moscow Trea- ties and bases—18 a year; regular ex- chairman of the Permanent Select ty to 1,550 each. It cuts launch vehi- changes on data on the warhead and Committee on Intelligence, I would cles, such as missile silos and sub- missile production and locations; like to address the Strategic Arms Re- marine tubes, to 800 for each country. unique identifiers, a distinct alpha- duction Treaty—called New START— Deployed launch vehicles are capped at numeric code for each missile and that is now before the Senate for ratifi- 700—more than 50 percent below the heavy bomber for tracking purposes; a cation. original START treaty. ban on blocking national technical This treaty has been carefully vetted. According to the unanimous views of means from collecting information on I am confident the Senate will come to our Nation’s military and civilian de- strategic forces, and other measures I the conclusion that this treaty is in fense officials, this will not erode will describe later in these remarks. our national interest and will cast the America’s nuclear capability, our stra- Without the strong monitoring and necessary votes for ratification. I tegic deterrent, or our national de- verification measures provided for in strongly support ratification. fense. this treaty, we will know less about Before speaking about intelligence The United States will still maintain the number, size, location, and deploy- issues related to this treaty, it is im- a robust nuclear triad, able to protect ment status of Russian nuclear war- portant to remind ourselves about the our country and our national security heads. That is a fact. extraordinary, lethal nature of these interests. As General Chilton, Commander of nuclear weapons. As GEN James Cartwright, the Vice the U.S. Strategic Command, recently I was 12 years old when atomic bombs Chairman of the Joint Chiefs of Staff said: flattened both Hiroshima and Naga- and former head of the United States Without New START, we would rapidly saki. The Hiroshima bomb, estimated Strategic Command, stated: lose insight into Russian nuclear strategic to have been 21 kilotons, killed 70,000 force developments and activities, and our I think we have more than enough capac- force modernization planning and hedging people outright. You can see from this ity and capability for any threat that we see strategy would be more complex and more chart the absolute devastation this today or that might emerge in the foresee- costly. Without such a regime, we would un- bomb caused in Hiroshima. The Naga- able future. fortunately be left to use worst-case anal- saki bomb, at 15 kilotons—somewhat Additionally, these reductions in this yses regarding our own force requirements. less—killed at least 40,000 people imme- New START treaty won’t have to be That is what a ‘‘no’’ vote on this diately. This is Nagasaki. Another completed until the treaty’s seventh treaty means. 100,000 or so who survived the initial year, so there is plenty of time for a Russian Prime Minister Vladimir blasts died of injuries and radiation prudent drawdown. But while its terms Putin made the same point earlier this sickness. By the end of 1945, an esti- are modest, its impacts are broad, and month. He said that if the United mated 220,000 people had lost their lives I wish now to describe some of the ben- States doesn’t ratify the treaty, Russia because of these two bombs. efits of ratification. will have to respond, including aug- The horrible images of disfigured I begin with the ways in which this mentation of its stockpile. That is bodies and devastating ruins have treaty enhances our Nation’s intel- what voting ‘‘no’’ on this treaty means. stayed with me all my life. I was part ligence capabilities. This has been the So these monitoring provisions are of the generation of youngsters being lens through which the Senate Select key, as are the trust and transparency raised who hid under our desks in drills Committee on Intelligence has viewed they bring, and the only way to get to about atomic bombs and atomic weap- the treaty, and I believe the arguments these provisions is through ratifica- ons being unleashed. are strongly positive and persuasive. tion.

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.061 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10276 CONGRESSIONAL RECORD — SENATE December 15, 2010 In fact, we have not had any inspec- this treaty are sufficient for the U.S. forces are deployed. Under START, tions or other monitoring tools for intelligence community to perform its these notifications were vital to our over a year, since the original START monitoring role. I believe that Ambas- understanding. In fact, the notification treaty expired, so we have less insight sador Antonov clearly understood that, provisions under New START are into any new Russian weapons and de- and 1 year later I am able to say on stronger than those in the old START, livery systems that might be entering this floor that the Intelligence Com- including a requirement that Russia their force. The United States has es- mittee has reviewed the question of inform the United States when a mis- sentially gone black on any moni- monitoring the New START treaty at sile or warhead moves into or out of de- toring, inspection, data exchanges, te- length. It is adequate. ployed status. lemetry, and notification allowed by After the treaty was submitted to Let me repeat that. There is an obli- the former START treaty. the Senate on May 13, 2010, 7 months gation that Russia inform us when a Last November, Senator KYL and I ago, the committee began its review of missile or a warhead moves into or out traveled to Geneva to meet with its provisions and annex. We reviewed of deployed status. United States and Russian negotiating past intelligence community analyses Third, New START restores our abil- teams. We met at some length with on monitoring previous treaties and ity to conduct on-the-ground inspec- Rose Gottemoeller, the Assistant Sec- the tools available to monitor Russian tions. There are none of them going on, retary of State for Arms Control, Veri- behavior under this New START. none have been going on, for over a fication, and Compliance, who led the The intelligence community com- year. New START allows for 10 so- U.S. negotiating team. We also met pleted drafting its NIE on its ability to called type one on-site inspections of with the senior members of her team, monitor the treaty’s limits in June, 6 Russian ICBMs, SLBMs, and bomber including her deputy, Ambassador months ago. We received a copy on bases a year. The protocols for these Marcie Ries, Ted Warner, Mike Elliot, June 30, allowing members to review it type one inspections were written by Kurt Siemon, and Dick Trout, who led before and after the Fourth of July re- U.S. negotiators with years of inspec- the drafting efforts and represented the cess. The committee held a hearing on tions experience under the original Departments of Defense and Energy the NIE with senior intelligence offi- START treaty. Here is how they work. and the Joint Chiefs of Staff. cials in July. Not a single one of them First, U.S. inspectors choose what These officials and many of the other questioned the validity or the judg- base they wish to inspect. Russia is re- stricted from moving missiles, launch- members of the U.S. team were very ments of the estimates. impressive in their professionalism and Following the hearing, the com- ers, and bombers away from that base. Second, when the inspectors arrive experience. Several had participated in mittee submitted more than 70 ques- they will be given a full briefing from the negotiation of the original START tions for the record and received de- the Russians, to include the numbers of treaty or the Intermediate Range Nu- tailed responses from the intelligence deployed and nondeployed missile clear Forces treaty, the INF treaty. community. Those are obviously classi- launchers or bombers at the base, the Several were inspectors who had con- fied, but they can be seen. number of warheads loaded on each ducted on-the-ground inspections in In addition, the committee under- bomber—this is important—and the took its own independent review of the Russia under START and INF, or were number of reentry vehicles on each NIE and the treaty’s implications for weapons system operators who had ICBM or SLBM. been responsible for hosting Russian the intelligence community. Com- Third, the inspectors choose what inspectors at U.S. bases. mittee staff participated in more than they want to inspect. At an ICBM’s This team was not composed of the a dozen meetings and briefings on a base, the inspectors choose a deployed uninitiated or of neophytes. They had range of issues concerning the treaty, ICBM for inspection, one they want to both background and skill. They were focusing on intelligence monitoring inspect. At a submarine base they acutely aware of the lessons learned and collection aspects. choose an SLBM. If there are any non- over the past decades of arms control Based on the committee’s review, deployed launchers, ones not carrying and negotiated this treaty with an un- after reading the NIE and other assess- missiles, the inspectors can pick one of derstanding of what monitoring and ments, and having spoken to Directors those for inspection as well. compliance verification mean. of National Intelligence Dennis Blair, At air bases, the inspectors can Senator KYL and I also met two or David Gompert, and Jim Clapper, it is choose up to three bombers for inspec- three times during our trip to Geneva clear to me that the intelligence com- tion. with the Russian delegation led by munity will be able to effectively mon- Fourth, the actual inspection occurs, Russian Ambassador Anatoly Antonov, itor Russian activities under this trea- with the U.S. personnel verifying the who is an experienced diplomat and ne- ty. number of warheads on the missiles or gotiator. His delegation included rep- For the record, I wish to describe the on the bombers chosen. As I mentioned resentatives from the Ministry of For- monitoring provisions in this treaty, earlier, each missile and bomber is eign Affairs and Defense, the General many of which are similar to the origi- coded with a specific code, both nu- Staff, and key agencies such as nal START treaty’s provisions. merically and alphabetically, so that RosAtom and RosKosmos. Like the No. 1, the treaty commits the United you know what you have chosen, and U.S. delegations, the Russian delega- States and Russia ‘‘not to interfere they cannot be changed. tion had among its members inspectors with the national technical means of Under this framework, our inspectors and weapons systems operators, includ- verification of the other Party.’’ That are provided comprehensive informa- ing those from the Strategic Rocket means not to interfere with our sat- tion from the Russian briefers. They Forces, the Navy, and the Air Force. ellites and ‘‘not to use concealment are able to choose themselves how they The treaty was still being negotiated measures that impede verification.’’ want to verify that this information is at that time, but the rough outlines This means that Russia, as I said, accurate. were very much coming into focus. I agrees not to block our satellite obser- The treaty also provides for an addi- mentioned to the U.S. and Russian del- vations of their launchers or their test- tional eight inspections a year of non- egations that it would be difficult to ing. Without this treaty, Russia could deployed warheads and facilities where get 67 votes in the Senate for a resolu- take steps to deny or block our ability Russia converts or eliminates nuclear tion saying the sky is blue. In order to to collect information on their forces. arms. get an arms treaty through the Senate, Let me make clear, they could try, Some people have commented that it would have to have strong moni- and perhaps block our satellites. the number of inspections under New toring provisions. Like START, New START requires START, that is, the total of 18 I have In a lengthy conversation over lunch Russia to provide the United States just gone through, is smaller than the with Russian Ambassador Antonov, I with regular data notifications. This 28 under the previous START treaty. said that, as chair of the Senate Intel- includes information on the production This is true. But it is also true that ligence Committee, I would have to of any and all new strategic missiles, there are half as many Russian facili- walk onto this very floor and assure the loading of warheads onto missiles, ties to inspect as there were in 1991 my colleagues that the provisions in and the location to which strategic when START was signed.

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.063 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10277 In addition, inspections under New one or eight warheads. With this continuing discussions with the Rus- START are designed to cover more top- change, we do not need precise calcula- sians over the lifetime of the treaty, ics than inspections under the prior tions of the capabilities of Russian will provide us with information and START agreement. In testimony from missiles in order to tell whether Russia understanding of Russian strategic the Director of the Defense Threat Re- is complying with the treaty’s terms. forces that we simply will not have duction Agency, or DTRA, Kenneth So telemetry is not necessary to mon- without the treaty. If you vote ‘‘no,’’ Myers, the agency doing these inspec- itor compliance with New START. we will not have it. tions, said: Nonetheless, as a gesture to trans- The intelligence community will Type One inspections will be more demand- parency, the treaty allows for the ex- need to collect information about Rus- ing on both DTRA and site personnel, as it change of telemetry between our two sian nuclear weapons and intentions combines the main parts of what were for- countries only, up to five times a year with or without a New START treaty, merly two separate inspections under if both sides agree to do so. just as it has since the beginning of the START into a single, lengthier inspection. In fact, it should be pointed out that Cold War. But absent the inspector’s That is important. The inspections if the treaty included a broader re- boots on the ground, the intelligence are going to be better. So while the ab- quirement to exchange telemetry, the community will need to rely on other solute number of inspections is down United States might have to share in- methods. from 28 to 18, the ability to monitor formation on interceptors for missile A November 18 article in the Wash- and understand Russian forces is not defense, which the Department of De- ington Times noted that: lessened. I am confident we can achieve fense has not agreed to do. In the absence of a U.S.-Russian arms con- our monitoring objectives with 18 in- Third, there has been a concern trol treaty, the U.S. intelligence community spections a year. I also urge my col- raised about Russian ‘‘breakout’’ capa- is telling Congress it will need to focus more leagues to review the New START Na- bility, a fear that Russia may one day spy satellites over Russia that could be used tional Intelligence Estimate which ad- decide to secretly deploy more war- to peer on other sites, such as Iraq and Af- dresses these issues in detail. heads than the treaty would allow, or ghanistan, to support the military. Let me discuss a couple of moni- to secretly build a vast stockpile that Put even more simply, the Nation’s toring provisions that were included in it could quickly put into its deployed top intelligence official, Director of the expired START treaty but are not force. I do not see this as a credible National Intelligence James Clapper, in the treaty we are now considering. concern. was recently asked about ratification First, under START, the U.S. officials According to public figures, Russian of the New START treaty. He re- had a permanent presence at the Rus- strategic forces are already under or sponded: sian missile production facility at close to the limits prescribed by New I think the earlier, the sooner, the better. Votkinsk. You will hear about START, and they have been decreasing You know my thing is: From an intelligence Votkinsk. over the past decade, not just now but perspective only, are we better off with it or Inspectors could watch as missiles over the past decade. without it? We’re better off with it. left the plant and were shipped to var- So the concern about a breakout is a So Members should realize that if ious parts of the country. New START concern that Russia would suddenly de- they vote ‘‘no’’ to ratify this treaty does not include this provision. In fact, cide it wants to reverse what has been and lose out on its monitoring provi- the Bush administration had taken a 10-year trend and deploy more weap- sions, that means we are going to have this provision off the table in its nego- ons than it currently believes are need- to spend much more, and it is going to tiations with the Russians prior to ed for its security. They would also be much more difficult if not impos- leaving office. have to decide to do this secretly, with sible to get certain information about New START does, however, require the significant risk of being caught. Russian forces. Russia to mark all missiles, as I have Because of the monitoring provisions, The final intelligence-related ques- been saying, with unique identifiers so the inspections, our national technical tion on the New START treaty is, what we can track their location and deploy- means and other ways we have to track impact ratification—or failure to rat- ment status over the lifetime of the Russian nuclear activities, Moscow ify—will have on our other foreign pol- treaty, so it is not necessarily to have would have a serious disincentive to do icy objectives. I think this is impor- a permanent monitoring presence at that. tant. We live in a different world today Votkinsk. Moreover, instead of developing a where there are nonstate actors, where The treaty also requires Russia to breakout capability, Russia could de- there are two nations, Iran and Korea, notify us at least 48 hours before any cide instead to simply withdraw from moving to develop a nuclear weapon, missile leaves a plant. So we will still the treaty just as the United States did and it is very important to be able to have information about missile produc- when President Bush withdrew from achieve a working relationship with tion without the permanent presence. the antiballistic treaty. the large powers that give confidence Our inspectors and other nuclear ex- Finally, even in the event that Rus- to other nations to stand with us. perts have testified that these provi- sia did violate the treaty and pursue a This question can be addressed large- sions are, in fact, sufficient. breakout capability, I am confident ly through open source intelligence. Secondly, START required the that our nuclear capabilities are more There have been numerous news re- United States and Russia to exchange than sufficient to continue to deter ports and press conferences in the re- technical data from missile tests—that Russia and to provide assurances to cent weeks about the broader effects of is known as telemetry—to each other our allies. The bottom line is that the ratifying New START. Many sup- but not to other countries. That telem- intelligence community can effectively porters of the New START treaty have etry allows each side to calculate monitor this treaty. If you vote ‘‘no’’ noted that ratification is a key things such as how many warheads a on this treaty, there will be no moni- achievement and symbol of the ‘‘reset’’ missile could carry. This was impor- toring. in Russian relations that Presidents tant as the START treaty attributed As I noted earlier, a second question Obama and Medvedev have sought. warheads to missiles. If a Russian mis- relevant to New START is whether But beyond generalities of an im- sile could carry 10 reentry vehicles, the ratifying the treaty actually enhances proved relationship, the Senate’s rejec- treaty counted it as having 10 war- our intelligence collection and anal- tion of New START would not only un- heads. Information obtained through ysis. This is above and beyond the dermine our understanding of Russia’s telemetry was, therefore, important to question of whether the intelligence strategic forces, it could derail or dis- determine the capabilities of each de- community will be able to fulfill its re- rupt a host of other U.S. policies objec- livery system. sponsibility to monitor Russian com- tives. New START, however, does away pliance with the treaty’s terms. In Russia today, there is a heated de- with these attribution rules and counts While I am unable to go into the spe- bate over whether Moscow is better the actual number of warheads de- cifics, the clear answer to this question served by domestic reforms and en- ployed on missiles; no more guessing is, yes. The ability to conduct inspec- gagements with the West, or by hard- whether a Russian missile is carrying tions, receive notifications, enter into line behavior that rejects cooperation

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.065 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10278 CONGRESSIONAL RECORD — SENATE December 15, 2010 with the West. Russians view New I believe this will pave the way for tures. I was 12 years old when I realized START as a signature product of the more multilateral efforts to stop the what a 21-kiloton and a 15-kiloton reforms. This is the signature product spread of nuclear weapons as well as re- bomb can do. Many of the bombs in the of Russian reform and the new Russian strictions on tactical nuclear warheads U.S. and Russian arsenals are well in President. They view the fate of New that could fall into the hands of ter- excess of 100 kilotons today. The num- START in this Senate as a crucial test rorist organizations. ber is classified but, trust me, they are of the reformists’ claim that Russia Let us not forget the centerpiece of well in excess. We can destroy the plan- and America can work together. If we, our nuclear nonproliferation regime, et Earth with these weapons. the Senate, reject this treaty, we can the Nuclear Nonproliferation Treaty. It They are deployed and they are tar- confirm what Russian hard-liners have is based on a clear bargain. Those with geted. This treaty gives us the oppor- been saying all along, the United nuclear weapons agree to eventually tunity to reduce our arsenals—the U.S. States is not a viable partner. eliminate them, and those without nu- and Russian stockpiles that now make Here are a few real-world examples. clear weapons agree to never acquire up 90 percent of the nuclear weapons in Russia has been allowing the United them. With the signing of the New the world. It is a big deal. To say no to States and other members of the Inter- START treaty, the Presidents of the this treaty is, in fact, to say we want national Security Assistance Force in United States and Russia are showing to go back to the days of suspicion, of Afghanistan to transport material into the other parties to the NPT that we not working together, of the Cold War Afghanistan over Russian territory. are living up to our end of the bargain. ethos that we will succumb to the Rus- This has assisted our war efforts, espe- Without New START, with a ‘‘no’’ vote sian hardliners and take this first cially in light of recent attacks against on New START, we do not do this. major test of Russian reform and effec- convoys crossing through Pakistan. This will strengthen the resolve of tively trash it. We must not do that. Russia has withheld delivery of the other nations to maintain their com- Mr. President, with the months of de- S–300 advanced air defense system to mitments and uphold the credibility of bate over this Treaty, a small number Iran and supported the United Nations the nuclear nonproliferation regime, to of objections have been raised. I would Security Council sanctions against hold violators such as Iran and North like to address them now. Tehran. Tehran wanted to buy this so- Korea accountable and subject to sanc- First, some Senators infer that our phisticated air defense missile defense tion. nuclear weapons will become unreli- system. Russia was going to sell it to In fact, we are already seeing the able over time. They say they won’t them. Russia has withheld that sale. benefits of commitments made in the vote for this treaty unless it is linked That is a major achievement. Also, New START agreement. The latest re- to modernization of the arsenal. Russia and NATO partners agreed at view conference of the NPT in May of Let’s be clear. Both the Secretary of the recent summit in Lisbon to a new this year ended with 189 parties recom- Defense and the Secretary of Energy missile defense system in Europe. This mitting themselves to the NPT after have certified that our arsenal is safe is an agreement for a missile defense the 2005 conference collapsed. On June and reliable in each of the past 14 system which Russia has fought vio- 9, the United Nations Security Council years. The head of the National Nu- passed a fourth sanctions resolution on lently over the past decade. clear Security Administration, Tom Iran for its violations of its commit- At that same summit, Foreign Min- D’Agostino has assured me of the sur- ments under the treaty with the sup- isters from Denmark, Lithuania, Nor- ety of the stockpile. Our top scientists way, Latvia, Bulgaria, and Hungary port of China and Russia. Ratification of New START also have told us that these weapons will spoke out in support of the New opens the door to further arms control remain safe and reliable for decades to START treaty. As neighbors to Russia agreements, both to further arms re- come. and the former Soviet Union, they ductions and to address tactical nu- In fact, an independent group of sci- praised New START as necessary for clear warheads—the smaller yield de- entists known as the JASONs, who ad- the security of Europe but also as an vices that are in some ways more dan- vises the government on nuclear weap- entrance to engage in tactical nuclear gerous than the strategic weapons with ons, has reported that the National Nu- weapons treaties which pose an even which we are dealing now. clear Security Administration is suc- greater threat from state or nonstate Ratification moves us down the path cessfully ensuring the arsenal’s safety use. to a world without nuclear weapons as and reliability, through weapons ‘‘life- There is no quid pro quo here. Russia envisioned by Presidents Obama and time extension programs.’’ has not agreed to support initiatives of Reagan. For years, the idea of a nu- Their September, 2009 report said the United States around the world if clear-free world was ridiculed as a fan- that through such programs, ‘‘Life- only the Senate would ratify the New tasy. This may now be beginning to times of today’s nuclear warheads START treaty. But as every Senator change. Don’t turn it down. Repub- could be extended for decades, with no knows, when we are trying to get licans as well as Democrats have come anticipated loss in confidence . . . ’’ things done, relationships matter. around to the idea that eventual nu- And President Obama has made a sig- The relationship between the United clear disarmament is not only desir- nificant commitment to ensuring that States and Russia has been critical able, but it is, in fact, doable and is we maintain a safe, secure, and effec- since we fought together in World War consistent with our national security tive arsenal by providing the necessary II and it will continue to be so. This is interests. Former Secretaries of State resources for as long as we have nu- an unparalleled opportunity to enhance George Shultz and Henry Kissinger clear weapons. that relationship and to say, by signa- have joined forces with former Senator The President’s fiscal 2011 budget ture and by ratification of this treaty, Sam Nunn and former Secretary of De- asks for $11.2 billion for the National that, yes, the United States of America fense Bill Perry to make this case. Nuclear Security Administration, a wants to work with Russia; yes, the In a January 4, 2007, op-ed in the Wall 13.4-percent increase over the fiscal United States and Russia have mutual Street Journal, they called for U.S. 2010 budget. goals; and, yes, with respect to Iran leadership in building a ‘‘solid con- This includes $7 billion for weapons and other trouble spots, the United sensus for reversing reliance on nuclear activities to maintain the safety, secu- States and Russia can, in fact, stand weapons globally as a vital contribu- rity, and effectiveness of the arsenal, together. tion to preventing their proliferation an increase of 10 percent, or $624 mil- Let me move on to the nonprolifera- into potentially dangerous hands, and lion from fiscal year 2010. tion reasons to ratify this treaty. New ultimately ending them as a threat to The President has submitted a plan START demonstrates to the world that the world.’’ calling for $80 billion over the next 10 the two nations possessing more than We can now do our part to build that years. In November, he added an addi- 90 percent of the planet’s nuclear weap- consensus and help ensure that we tional $4.1 billion over the next 5 years ons are capable of working together on never again see the destruction caused alone to that enormous sum. arms reduction and nonproliferation. A by nuclear weapons. Modernization of the nuclear stock- ‘‘no’’ vote says we are not capable of Once again, I return to these charts. pile is surely a major priority, and I doing that. I was 12 years old when I saw these pic- will fight to make sure these funds are

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.065 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10279 appropriated. But these questions and Russia and a decrease in mutual trans- One of the things I understand a lit- concerns have now been addressed, and parency and trust. tle bit about from having been in the should not hold up this treaty. The Senate has a long tradition of real estate business is leverage. Lever- Second, critics have claimed that overwhelming support for treaties like age is a powerful thing to be able to do New START will impede current and this one: the Intermediate-Range Nu- things, but too much can destroy even planned missile defense efforts. clear Forces Treaty was approved 93–5; the best of people or the best of ideas. They point to language in the pre- the 1991 START agreement which was We are rapidly approaching a time amble of the treaty that notes the approved 93–6; and the 2002 Moscow where we owe entirely too much inter-relationship between offensive Treaty which was approved 95–0. money. and defensive strategic arms. There is nothing in this treaty to I love to tell the story about a lesson They point to the unilateral state- suggest that the vote on its ratifica- I learned in good politics. I know the ment issued by Russia upon signing the tion should be any different. This Presiding Officer has had the same treaty indicating that our missile de- should be an easy step for the Senate kind of lessons he has learned. fense plans could prompt Moscow to to take, a step that should be taken in I was in Albany, GA, making a withdraw from the agreement. the spirit of protecting our Nation and speech in November of 2009. I kept talk- And they note that the agreement the world from the devastation of a nu- ing about 1 trillion this and 1 trillion prohibits both countries from con- clear war. that. This farmer at the back of the verting additional ICBM silos or sub- I urge my colleagues to support this room said: Senator, I only graduated marine launch tubes for missile defense agreement. from Dougherty County High School. I interceptors. I yield the floor. don’t understand how much 1 trillion The PRESIDING OFFICER (Mr. These arguments are without merit. is. Can you explain. First, the preamble language simply FRANKEN). The Senator from Georgia. I oohed and aahed and I babbled. I fi- acknowledges what we all know: that f nally said: Well, it is a lot. I couldn’t there is a relationship between stra- OMNIBUS APPROPRIATIONS think of a way to quantify 1 trillion. I got home that night. My wife took tegic offensive and defensive arms. It Mr. ISAKSON. Mr. President, I com- one look at me and said: What in the will not inhibit our missile defense ef- mend the Senator from California on forts in any way. world is wrong with you? her remarks. As a member of Foreign I said: I got stumped today. Similar language can be found in the Relations, I voted to bring the treaty original START agreement, and it has She said: What was the question? to the floor. However, there is another I said: The question was, How much not inhibited our missile defense ef- pressing matter I wish to discuss this forts over the past two decades. is 1 trillion? evening. She said: What did you say? Second, the Russian unilateral state- The Senate now has before it the I said: I said it is a lot. ment is not a part of the agreement, START treaty, but on a parallel track She said: That was a bad answer. and the United States is not bound by we have before us the question of fi- I said: I know that, but I just it in any way. In fact, the United nancing the government through the couldn’t think of anything. States issued its own unilateral state- end of the fiscal year next year. There She knows better than I a lot of ment clearly stating that it will move are three alternatives available to us. times. She said: Why don’t you just fig- forward with its missile defense plans. One of them is a continuing resolution ure out how many years have to go by Again, it should be noted that the through the end of next year. One of for 1 trillion seconds to pass. Soviet Union issued a similar unilat- them is a continuing resolution that is I said: That is a terrific idea. eral statement when START was modified with an Omnibus appropria- So I pulled my calculator out and signed and it had no impact on our tions that is put on top of it which I multiplied 60 seconds times 60 minutes missile defense plans. understand is the plan. There is a third to get the number of seconds in an Finally, regarding the prohibition on option which is the short-term CR. It is hour. converting additional ICBM silos and that question I rise to address for a few I multiplied that 24 times for the SLBM launch tubes for missile defense moments. number of seconds in 1 day. I multi- interceptors: simply stated, our mili- Forty-three days ago, I ran for re- plied that times 365 for the number of tary has no plans to do so. This doesn’t election to the Senate. For 2 years, I seconds in 1 year. Do you know how block the United States from anything traveled the State of Georgia cam- many years have to go by for 1 trillion it plans or wants to do. paigning for my reelection. Through- seconds to pass? It is 31,709 years. I put It is actually cheaper to build new out that campaign, there were three an asterisk by that because I didn’t missile defense launchers than to con- guiding issues on which I focused. One count leap years and every fourth year vert existing launch tubes or silos. And was tax policy. At a time of economic has an extra day. I know that will the treaty places no constraints what- recession and high unemployment, the throw the number off a little bit. soever on that construction. worst thing for us to do is to raise We owe $13 trillion of those dollars, The Secretary of Defense, the uni- taxes of the American people and, in not just $1 trillion. It is an astronom- formed military leadership, and the particular, small business, which hires ical amount of money. It is an amount head of the Missile Defense Agency the majority of the people. That is No. we must quantify and begin to lower have testified this treaty will not harm 1. over time in two ways. One is expand- missile defense. No. 2, I campaigned on the fact that ing the prosperity of the American peo- These concerns have been raised, de- we didn’t have a revenue problem near- ple, because as their prosperity goes bated, and answered. It is time for rati- ly as much as we had a spending prob- up, revenues come back to the govern- fication. lem; that we needed to ask of our- ment. First and most important, we Mr. President, the choice before us is selves, as Senators, what every Amer- have to get our arms around spending. not New START and the treaty that ican family has had to ask of them- I am deeply opposed to putting an Om- some of my colleagues would prefer to selves at home. They have sat around nibus appropriations bill on the CR have. Rather, the choice is between the kitchen table, looked at what their that is coming to the Senate and pass- New START and no arms control trea- income was, looked at what it now is, ing 12 appropriations bills in a short- ty at all. To me, that choice is easy. looked at priorities and reprioritized. time debate without the transparency Either we make progress on reducing Times have been tough, and they have we need. our nuclear arsenals and lay the foun- been difficult. They did that because I am not a Johnny-come-lately to dation for further reductions including they had to. this particular position. In the House on tactical nuclear weapons or we do They don’t have the luxury of credit of Representatives, when President not. and borrowing as our government has, Bush brought an omnibus budget to the New START is in our Nation’s na- which takes me to the third point I ran House, I voted against it. I voted tional security. Every day that passes on in the campaign; that is, that against it last fall on a number of occa- without ratification is another day unsustainable debt will make this de- sions when we had Omnibus appropria- without inspectors on the ground in mocracy an unsustainable country. tions bills matched up coming to the

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.066 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10280 CONGRESSIONAL RECORD — SENATE December 15, 2010 Senate floor under President Obama. It delphia as a district attorney. He has to health care they desperately need. is a bad way to do business. By rolling fought cancer and won three times. He has done that as a member of the all those things together, you don’t And he has fought for Pennsylvania Appropriations Committee, where he have the scrutiny, the oversight or the every day he has served with us here in has worked to make more education understanding of where the money is the U.S. Senate. available to all students with the help going, and the tendency to push spend- Senator SPECTER has witnessed three of scholarships and student loans. Fur- ing beyond your limits actually be- decades of progress in Washington. He thermore, his work with constituents comes a reality. I am one who sub- is a man who has risen above party of every stripe makes a difference scribes to the fact that we have to lines to demonstrate his independence every day. change the way we do business. We time after time. But his independence Senator SPECTER is a throwback to a have to make hard decisions. We have was not about him; it was about the previous chapter in the history of the to execute some tough love. We have to people of Pennsylvania, whom he has Senate—a time when moderates were have some shared sacrifice, and we to served with honor and dignity for 30 the rule, not the exception. have do it quickly. years, even when cancer tried to keep When I came to Washington, Repub- Time has run out on the American him from doing so. licans such as ARLEN SPECTER were Government and our American budget I have known and served with Sen- every place. That is not the case now. process without substantial reform, ator SPECTER for almost 30 years, and I He is a rare breed and will truly be which is why it would be a tragic mis- have come to admire his service and missed. take for us sometime this week or this dedication. We have not always agreed I wish Senator SPECTER, his wife weekend to pass an Omnibus appropria- on how to solve the issues facing Amer- Joan, and their two sons and four tions bill. ica, but he has always been willing to grandchildren the very best in the com- There is an underlying reason why I listen to me and any other Senator in ing weeks, months, and years. don’t support that, and it is because I the hopes of forging bipartisan agree- BLANCHE LINCOLN think a short-term CR makes a lot ments that would help the country. He Mr. President, Arkansas has given more sense. A short-term CR will put is a very principled man, a man who America a lot of which to be proud. the Senate in the position of debating does what he believes is right, even From the late Senator William Ful- the rest of next year’s spending or this when few others agree with him. bright, whom I did not know, to Presi- fiscal year’s spending under the cloud Senator SPECTER was raised in the dent Clinton, whom I do know, Arkan- of the debt ceiling which is going to Midwest by his mother and a Russian sans have always produced proud pub- confront us in April or May or maybe immigrant father who came to the lic servants. as soon as the middle of March. If we United States and later served his new I had the good fortune to serve with pass a CR or an omnibus that goes be- country in World War I. two of the finest Senators we have ever yond that date to the end of next year, He first discovered Pennsylvania as had in this body, Dale Bumpers and September 30, we have no leverage to an undergraduate student at the Uni- David Pryor. I have said publicly—I address the subject of raising the debt versity of Pennsylvania, where he will say again—the finest legislator I ceiling. It is time we stopped borrowing earned a degree in international rela- have ever served with—I do not want to to spend more money we do not have. tions. After serving 3 years in the Air hurt anyone’s feelings here—is David I come at a time when I know the Force during the Korean war, he at- Pryor. David Pryor was a superb rep- pending business is the START treaty, tended law school at Yale and estab- resentative of Arkansas and the coun- which I will address on another occa- lished a successful law practice in what try. sion, but to point out why I am so would become his home State, Pennsyl- BLANCHE LINCOLN has continued that deeply disappointed that we are rush- vania. long tradition of Arkansans who have ing to judgment on an Omnibus appro- Just as his father left his native land come to Washington to shape our Na- priations spending bill at a time when and served his new home as a member tion. And BLANCHE has never forgotten the American people want us focusing of the United States military, Senator from where she came. on spending, on the deficit, and on im- SPECTER left his home in Kansas and Senator LINCOLN has been a trail- proving the way we do business. served his adopted Commonwealth in a blazer during her time in the Senate. I will vote against an Omnibus appro- different way—first as a district attor- In 1998, she became the youngest priations bill. I will vote against clo- ney in Philadelphia for 9 years, and woman to ever be elected to the Sen- ture on the bill. I will support a short- then as a U.S. Senator for the last 30 ate. She was also the first woman term CR. That is the best way for us to years. And he did this with his tenac- elected to represent Arkansas in the set up an occasion next year where we ity. He lost a number of elections. He Senate since World War II. She was the address our priorities in the right order kept coming back, never giving up. first woman and first from Arkansas to and at the right time. As a Member of Congress, he has been chair the Senate Agriculture Com- I yield the floor and suggest the ab- a stalwart for justice, health, and edu- mittee. sence of a quorum. cation. He has presided over several A dozen years ago, BLANCHE was one The PRESIDING OFFICER. The Supreme Court confirmation hearings, of the youngest people in this body. clerk will call the roll. and played a major role in many more. But from day one, she earned a reputa- The bill clerk proceeded to call the He has ensured that vital and poten- tion for being very wise, wise beyond roll. tially lifesaving research for cancer, her years. She has always understood Mr. REID. Mr. President, I ask unan- Alzheimer’s, Parkinson’s, and other we are here to serve, first and fore- imous consent that the order for the diseases receives Federal dollars to most, and she has never forgotten that. quorum call be rescinded. pave the way for real breakthroughs. Senator LINCOLN once said: The PRESIDING OFFICER (Mr. One personal experience with Senator I am not normally a betting person, but I BEGICH). Without objection, it is so or- SPECTER—the so-called economic re- say that putting your money on the Amer- dered. covery package, the stimulus. He was ican people is about as close to a sure bet as you are going to get. f the key vote—one of the three key votes. He was a Republican. He and the BLANCHE LINCOLN always bet on the TRIBUTES TO RETIRING two Senators from Maine made it pos- American people, and particularly the SENATORS sible to pass that. But his passion in good people in Arkansas who first sent ARLEN SPECTER that legislation was the National Insti- her to Washington to get things done Mr. REID. Mr. President, if you tutes of Health. Part of the deal was in 1992. asked anyone in this body to summa- that they had to get $10 billion. Money Senator LINCOLN never sought the rize ARLEN SPECTER, I think the words well spent. But it is something he be- national spotlight. She has always that would come up most often would lieved in fervently, and we were able to been focused on making sure the people be he is a real fighter. ARLEN SPECTER do that. of Arkansas are represented fairly and fought to defend our Nation in Korea. He has also worked to cover children forcefully. Her legislative accomplish- He fought crime in the streets of Phila- and seniors who struggle to get access ments are too long to list here today.

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.067 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10281 Her impact will be felt long after she passed every expectation that any Booneville, KY. After a 37-year career leaves this Chamber. Badger could have had for this good serving in our Nation’s military, Colo- Perhaps her most important work man who hails from Janesville, WI. nel Turner recently retired on Sep- has been her tireless efforts to protect As quick as Senator FEINGOLD has tember 24 of this year. America’s children. Senator LINCOLN been to voice thoughtful opposition to Over that nearly four-decade span, he was the lead driving force, along with anything that would go against his served in the U.S. Marine Corps, the the First Lady, on the passage of the core principles, he never hesitated to U.S. Army, and the Kentucky Army Healthy, Hunger-Free Kids Act to reach across the aisle and work in good National Guard. Before earning the make sure our children have access to faith with every Member of this body. rank of colonel, Bradley was a sergeant healthy meals. Because of his bipartisan efforts, our in the Marines, a captain in the Army, She was a cofounder of the Senate system for financing political cam- and a lieutenant colonel while in the Caucus on Missing, Exploited, and Run- paigns is cleaner, more transparent, Guard. In 1991, he was deployed in Op- away Children. She is also the current and more free of undue corporate influ- eration Desert Storm with the 623rd chair of the bipartisan Senate Hunger ence. It is too bad the Supreme Court Field Artillery from Glasgow, KY. Caucus. has so weakened the McCain-Feingold Throughout his career he earned So I am honored to call Senator LIN- legislation. many medals, including the Bronze COLN a friend and a colleague, and I In 2002, Senator FEINGOLD spoke on Star Medal and the Meritorious Serv- join my friends and colleagues in salut- the Senate floor during the campaign ice Medal, among others. His dedica- ing her remarkable accomplishments. I finance debate, and he spoke remark- tion in serving our country has truly will miss her. But we know her too well able words about why he fought so hard been a blessing to our Commonwealth to think we have heard the last from for that legislation. He said: and our Nation. I ask my colleagues to her. join me in congratulating Colonel Nothing has bothered me more in my pub- It would not be appropriate not to Bradley Turner for his service. The say something about her wonderful lic career than the thought that young peo- ple looking to the future might think that it Booneville Sentinel recently published family. Her doctor husband and her is necessary to be a multimillionaire or a story about Colonel Turner and his twins are remarkably good individuals. somehow have access to the soft money sys- accomplishments. I ask unanimous Her husband is one of the nicest people tem in order to participate, to participate as consent that the full article be printed I have ever met. He has such a great a candidate as part of the American dream. in the RECORD following these remarks. presence about him. I have met him on It is a simple statement, but it truly There being no objection the mate- the many occasions we have been able helps us understand why the people of rial was ordered to be printed in the to get together as a Senate family, and Wisconsin were always proud of their RECORD as follows: he certainly, to me, is part of that fam- junior Senator—because he spoke sim- [From the Booneville Sentinel, Dec. 8, 2010] ily. ple truths, fought passionately for the COLONEL BRADLEY TURNER RETIRES AFTER But if I ever need to find Senator middle class, and was able to always 37-YEAR CAREER LINCOLN, I will always know where to tap into what people were discussing Colonel Bradley Turner of Booneville has look. Because if there is an issue that over their kitchen tables every night. retired from the U.S. Army Reserve after a has gone unnoticed or a person who 37-year career. He enlisted in the U.S. Ma- RUSS FEINGOLD often stood in the mi- feels forgotten or a cause that is worth rine Corps in 1973 and served 4 years, attain- nority to voice his positions that were fighting, BLANCHE LINCOLN is probably ing the rank of sergeant. After leaving the not necessarily popular. He was a not far behind and already on the case. Marine Corps he attended Lees College and I wish Blanche and her family the strong advocate for equal rights for Morehead State University where he grad- uated with a bachelor of science degree. very, very best. It has been a pleasure same-sex couples even when it wasn’t the popular thing to do, and he opposed While in college he attended ROTC and was to get to know BLANCHE LINCOLN. I the 2003 Iraq war from the very begin- commissioned in 1981 in the U.S. Army. He look forward to our future association. served 4 years on active duty, attaining the ning and has stayed true to his feelings RUSS FEINGOLD rank of captain. After leaving active duty, Mr. President, I have served with on this issue since then. But that is the he joined the Kentucky Army National very essence of RUSS FEINGOLD. He RUSS FEINGOLD in the Senate for 18 Guard. During his service in the Guard he years. There has never been a point stands on principle and his core beliefs served as a battery commander, battalion even when it isn’t convenient. He and brigade operations officer, and battalion where I did not know where he stood and brigade executive officer. In 1991 he was and what his core principles were. speaks the truth even when it ruffles feathers. As someone who has been deployed to Operation Desert Storm with the Senator RUSS FEINGOLD came to the 623rd Field Artillery from Glasgow, Ken- body in 1992 with one goal in mind: To elected to public office for a long time, tucky. He was mobilized again in 2003 with always represent the people of Wis- it is very difficult to express to every- the 138th Field Artillery Brigade from Lex- consin—not the special interests, not one within the sound of my voice what ington, Kentucky. the establishment. And he never com- a special type of person RUSS FEINGOLD While in the Guard he graduated from the promised his principles, even though is. He is the type of person who will re- U.S. Army War College with a master’s de- sometimes it made it very difficult for main firm and steadfast in all the ways gree in strategic studies, and he attained the rank of lieutenant colonel. He then trans- me. But he is a man of principle, and he serves. He is that special kind of person. ferred to the 100th Training Division, U.S. that certainly is the truth. Army Reserve where he was the battalion When RUSS first ran for the Senate in He has continued the tradition of commander of the 10th Battalion of the 100th 1992, he famously wrote down five core some of the greatest Members of this Division in Lexington, and later a principal promises he would always keep if he body. He combines the tenacity of Paul staff officer at the division headquarters in were elected. He wrote them on a piece Wellstone with Ted Kennedy’s desire to Louisville. While at the division head- of paper, and then he affixed this piece always fight for the underdog. RUSS quarters he attained the rank of colonel. of paper and these promises to his ga- FEINGOLD has etched himself into the His awards include the Bronze Star Medal, fabric of this body and for many of us the Meritorious Service Medal (2 awards), rage door at his home. the Army Commendation Medal, the Army The promises were: To rely on Wis- will always be a part of our collective Achievement Medal, the Military Out- consin citizens for most of his con- conscience. If we follow the example of standing Volunteer Service Medal, the Glob- tributions; to live in Middleton, WI, Russ Feingold, we can rest easy at al War on Terrorism Service Medal, the and send his children to school there; night knowing that when we stand on Southwest Asia Campaign Medal, and the to accept no pay raise during his time principle, we never have to worry Liberation of Kuwait Medal. He is married to in office; to hold listening sessions in about second-guessing ourselves. Debra Combs Turner and they have three children, Tangee Young of Ricetown, Brandi each of the 72 Wisconsin counties each f year of his term in the Senate; and to Thompson of Vancleve, and Jeremy Turner of Booneville. They have 4 grandchildren. make sure that the majority of his TRIBUTE TO COLONEL BRADLEY TURNER They reside in east Booneville, and he is an staff are from Wisconsin and with a employee of the Lee Adjustment Center in Wisconsin background. Mr. MCCONNELL. Mr. President, I Beattyville. Colonel Turner retired effective It should surprise no one that he held rise today to honor the work of an un- September 24, 2010, at the 100th Division in true to each of these promises and sur- sung hero, COL Bradley Turner of Louisville, Kentucky.

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.068 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10282 CONGRESSIONAL RECORD — SENATE December 15, 2010 PORTEOUS IMPEACHMENT that the Senate take a preliminary vote on This pre-federal conduct flowed into Judge each allegation, a total by his count of ap- Porteous’s federal service in two documented Mrs. MCCASKILL. Mr. President, I proximately 25, contained in the articles. instances. First, Amato was brought on as ask unanimous consent that a joint The Committee denied the original motion counsel for Liljeberg in a multi-million dol- statement by myself and Senator to dismiss and we joined the Senate in lar lawsuit named Lifemark v. Liljeberg. HATCH regarding the Porteous im- unanimously defeating the revised motion. Judge Porteous was scheduled to try the peachment be printed in the RECORD. Even though the articles of impeachment in- case without a jury approximately six weeks There being no objection, the mate- clude multiple allegations, we believe that from Amato’s entry into the case. Counsel rial was ordered to be printed in the each meets the standard established by the for Lifemark filed a motion to recuse Judge Senate Impeachment Trial Committee dur- Porteous because of the close relationship RECORD, as follows: ing the impeachment of U.S. District Judge between Amato and Judge Porteous. While JOINT STATEMENT OF SENATOR CLAIRE Walter Nixon and adopted in the present opposing counsel did not know of the cura- MCCASKILL, CHAIRMAN AND SENATOR ORRIN case. Each article presents a coherent and torship kickback scheme, Judge Porteous G. HATCH, VICE CHAIRMAN, U.S. SENATE IM- intelligible accusation that properly serves did. Judge Porteous clearly should have PEACHMENT TRIAL COMMITTEE ON THE ARTI- as the basis for the impeachment trial. The recused himself or disclosed the scheme. In- CLES AGAINST JUDGE G. THOMAS PORTEOUS, need for proving individual elements of an stead, he chose to misrepresent his relation- JR. OF THE EASTERN DISTRICT OF LOUISIANA offense is appropriate for the criminal law ship with Amato during the recusal hearing. Because the Senate deliberated in closed but, as mentioned earlier, impeachable of- Second, after trial in the Lifemark case, session, this statement is the only oppor- fenses need not be prohibited by the criminal Judge Porteous took the case under advise- tunity during the formal impeachment trial law at all. Requiring a separate vote on ment. During this period, Judge Porteous so- process to formally explain our votes and to every allegation contained within an im- licited money from Amato and received offer some views on certain issues for future peachment article effectively re-drafts that $2,000 in cash, split equally by Amato and consideration. We independently evaluated article, with the result that the Senate Creely from the firm’s account. There is no the articles of impeachment brought by the would vote on an impeachment matter that legitimate reason that a federal judge would House of Representatives and the motions the House did not adopt. Finally, Rule 23 of solicit and accept cash from a lawyer with a field by Judge Porteous. Because we came to the Senate’s impeachment rules explicitly case in front of him. We believe that solic- the same conclusions and share many of the prohibits dividing articles of impeachment iting and receiving a $2,000 cash payment same views regarding the articles and mo- for the purpose of voting ‘‘at any time dur- from a lawyer in a case currently before him tions, we thought it most useful to file a ing the trial.’’ would alone have been enough to warrant joint statement for the record. Unless absolutely necessary, impeachment Judge Porteous’s impeachment and removal. The unique nature of impeachment, what trials should be decided not on the basis of When viewed with the additional factors, in- it is and what it is not, is an essential guid- motions that make broad statements or set cluding the kickback scheme, the fact that ing principle for the impeachment trial proc- broad precedents, but on the merits of indi- the lawyer stood to make hundreds of thou- ess. Impeachment is a legislative, not a judi- vidual cases and articles of impeachment as sands of dollars through a contingency fee if cial, process for evaluating whether the con- the House frames and exhibits them. In this he won, that the judge misrepresented his re- duct of certain federal officials renders them case, each article of impeachment alleged lationship during the recusal hearing, and unfit to continue in office. Our impeachment not a collection of unrelated acts but coher- that the appeals court found that parts of precedents give some general definition to ent patterns or sets of conduct. The question the judge’s decision in favor of this lawyer’s the kind of conduct that may meet this for the Senate was whether the conduct al- client were ‘‘apparently constructed out of standard. The Senate, for example, convicted leged in each article justified removing whole cloth,’’ Judge Porteous’s conduct de- Judge Porteous from the bench. and removed U.S. District Judge Halsted served the unanimous rebuke of the United One somewhat novel issue raised in this Ritter in 1933 for bringing his court into States Senate and removal from the federal case was whether a federal official may be ‘‘scandal and disrepute.’’ Similarly, during impeached on articles that allege conduct bench. the impeachment trial of U.S. District Judge The allegations in Article II were very se- occurring before he took federal office. The Alcee Hastings, the President Pro Tempore rious and no doubt tainted Judge Porteous’s proper focus on the essential nature of im- stated that the question is whether the de- ability to serve on the bench. They involve peachment is again important here. Judge Judge Porteous’s relationship with a bail fendant ‘‘has undermined confidence in the Porteous argued for an absolute, categorical bonds company and its owners, Louis and integrity and impartiality of the judiciary rule that would preclude impeachment and Lori Marcotte. This article is, primarily and betrayed the trust of the people of the removal for any pre-federal conduct. That though not exclusively, based upon Judge United States.’’ should not be the rule any more than allow- A consistent focus on the essential nature ing impeachment for any pre-federal conduct Porteous’s actions prior to his service on the of impeachment helps answer many of the that is entirely unrelated to the federal of- federal bench. The fact that this conduct is questions that arise in the impeachment fice or the individual’s conduct in that of- pre-federal is not alone a bar to removal, trial process. For example, it sets impeach- fice. though it is a significant factor to consider ment apart from the civil or criminal justice Pre-federal conduct should not itself ordi- when evaluating this and future articles. processes. Federal officials may be im- narily be the primary basis for impeach- We decided to vote against conviction on peached for conduct covered by the criminal ment. Particularly egregious pre-federal con- Article II not only because most of the al- law for which they have been convicted, ac- duct that, by itself, would justify impeach- leged conduct occurred before Judge quitted, or not prosecuted, as well as for con- ment and removal would likely have pre- Porteous became a federal judge, but also be- duct that is not criminal at all. Standards of vented an individual’s appointment in the cause we were not convinced that the con- proof that apply in those contexts do not first place. In most cases, therefore, the duct sufficiently proven by the House rose to necessarily apply in an impeachment trial; question is whether a federal official’s con- the level of a high crime or misdemeanor. in fact, there exists no single or uniform duct since taking office warrants removal The Marcottes, who are felons convicted of standard of proof that the Senate as a body from that office. That is the question in the manipulating the Louisiana justice system must apply. present case because none of the articles of for profit, are the only source of evidence There also exists no rigid standard for the impeachment against Judge Porteous is against Judge Porteous. Unlike the evidence form that articles of impeachment must based entirely on pre-federal conduct. presented on Article I, there are limited re- take. The Constitution gives the ‘‘sole power The conduct alleged in Article I contained ceipts and other documentary evidence sup- of impeachment’’ to the House of Represent- substantial pre-federal and federal conduct. porting the claims made by the Marcottes. atives, which necessarily includes substan- The House framed the article to include a We found that the timelines laid out by tial authority to frame articles of impeach- kickback scheme whereby the law firm of Louis Marcotte, Lori Marcotte, Jeffrey ment. As it did in the Hastings impeach- Jacob Amato and Robert Creely would re- Duhon, and Aubrey Wallace to be incon- ment, this may result in articles that each ceive curatorship case appointments from sistent with one another and with the docu- alleges an individual act. But other cases, Judge Porteous in exchange for Creely and mentary evidence that does exist regarding like the present one, may involve distinct Amato paying some of the fees back to Judge this article. sets or categories of conduct. Just as im- Porteous through the hands of Creely. All The most prominent example of the incon- peachments arise out of different sets of parties agree that there was no explicit sistent timelines deals with the allegation facts, impeachment articles may take more agreement regarding these cases, but it is es- that Judge Porteous improperly set aside or than one form. In every case, however, the timated that approximately half of the fees expunged the convictions of Jeffrey Duhon House must prove that the conduct alleged went back to Judge Porteous. The curator- and Aubrey Wallace as a favor to Louis Mar- in the articles that it frames and exhibits to ship kickback scheme, by definition, could cotte. Louis Marcotte testified that his cor- the Senate justifies removing a federal offi- only have occurred during Judge Porteous’s rupt relationship with Judge Porteous did cial from office. time on the state bench. When Judge not really begin until after September 1993. In July, Judge Porteous filed with the Sen- Porteous, after his appointment to the fed- The Duhon conviction was expunged in 1992. ate Impeachment Trial Committee a motion eral bench, could no longer assign curator- In addition, Judge Porteous only performed to dismiss the articles of impeachment as ship cases to Amato and Creely, the money a ministerial step in expunging the convic- ‘‘unconstitutionally aggregated.’’ Before the stopped coming to Judge Porteous from tion. Another judge performed most of the full Senate, he revised this motion to request Amato and Creely. responsibilities in setting aside and

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.016 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10283 expunging both of Duhon’s convictions. defraud creditors, this alone might be suffi- In FBI interviews, as well as in question- Louis Marcotte testified that he hounded cient for impeachment and removal from of- naires before and after his nomination, Judge Porteous for weeks about setting aside fice. But the evidence is to the contrary. He Judge Porteous was asked whether anything the conviction of Aubrey Wallace. Marcotte used the false name only to avoid the embar- in his personal life could be used by someone stated that Judge Porteous said he would set rassment of his real name appearing in the else to intimidate or influence him, could be aside the conviction but not until after he newspaper’s listing of bankruptcies. publicly embarrassing to him or the Presi- had secured his ‘‘lifetime appointment.’’ As The false name existed for only 12 days, dent, or could affect his nomination. He we discuss below in relation to Article IV, and he filed an amended petition with cor- signed both questionnaires, which included this statement may reflect Judge Porteous’s rect information the day after the false the statement that the information provided awareness that certain decisions or actions name appeared in the newspaper. The amend- was ‘‘true and accurate.’’ Those questions might impede his confirmation to the federal ed petition, with the correct identifying in- are still asked and still appear in those ques- bench. The documentary evidence shows, formation, was then sent to creditors. The tionnaires as part of the confirmation proc- however, that Judge Porteous actually took fact that so few creditors who were con- ess today. Judge Porteous argues that his some of the steps towards removing the Wal- tacted with the correct information actually negative answers to these questions were lace conviction, including a hearing on the filed claims suggests that no one was pre- true because he did not believe that any- set aside motion, before his Senate Judiciary vented from filing a claim because a false thing he had done, including in the relation- Committee confirmation hearing In addition name was on file for less than two weeks. ships described in Article I and II, to be im- to the conflicting timelines, the House failed Ironically, if the petition had been filed pre- proper or embarrassing. But Judge Porteous sufficiently to establish that Judge cisely the same way and the false name had was never asked whether he personally Porteous’s actions with respect to the Duhon been entered inadvertently rather than de- thought anything in his personal life was im- or Wallace convictions were illegal or even liberately, it likely would not have been dis- proper or embarrassing. There would be lit- improper under state law. covered and rectified until later in the proc- tle value in asking such a question. Judge The House alleges that Judge Porteous was ess. Porteous was asked whether anything in his the Marcottes’ ‘‘go-to’’ judge and would sign There is also no dispute that Judge personal life could be viewed by others, or by almost any bond that they requested. How- Porteous’s bankruptcy petition and accom- the public, as embarrassing or, more impor- ever, the House conceded that they could not panying schedules omitted certain assets and tantly, affect his nomination. Not only is point to any individual bond that was set ei- debts and inaccurately valued others. This that important information for the con- ther too high, too low, or improperly in any fact might be more serious if Chapter 13 firmation process, but it is information that other way for the benefit of the Marcottes. bankruptcies typically are filed without such in most cases can come only from the can- Additionally, Judge Porteous’s former crimi- omissions or inaccuracies. Judge Porteous didate or nominee. nal minute clerk suggests the opposite. The introduced evidence, however, that the oppo- What Judge Porteous may have lacked in clerk indicated that Judge Porteous or a site is true, that nearly 100 percent of Chap- personal scruples, he possessed in political member of his staff was diligent about call- ter 13 bankruptcies contain multiple inac- instincts about matters that could be con- ing the jail for information about a prisoner curacies. For these problems to constitute firmation obstacles. Louis Marcotte testi- for whom Marcotte requested a bond be set, ‘‘high crimes and misdemeanors,’’ there fied, for example, that when he urged Judge instead of just taking Marcotte’s word for it. must be clear and convincing evidence that Porteous to clear the criminal record of a The remaining conduct alleged in Article the inaccuracies and omissions were inten- Marcotte employee, Judge Porteous said he II, that Judge Porteous used his prestige as tional or fraudulent. The record does not would do so only after the Senate confirmed a federal judge to recruit new state judges contain such evidence. The House forcefully his nomination. He did not want it coming for the Marcottes to corrupt, was also not presented a theory that Judge Porteous hid out in the newspaper and said that he would sufficiently proven. The House was able to assets so that he would have more money to not let anything stand in the way of his life- document six lunches over a ten year period gamble away, but a theory unsupported by time appointment. Judge Porteous waited where Judge Porteous is alleged to have real evidence is not enough to remove a fed- until after his confirmation, but before he helped the Marcottes recruit and train eral judge from office. took the oath of office, to set aside one of Several allegations in Article III raised the judges. The only evidence that the House those criminal convictions. question whether ‘‘markers’’ used to obtain presented that Judge Porteous was present The propriety of setting aside that convic- chips in casinos are checks or credit. This at some of these lunches was the fact that tion is not the issue. This example simply distinction is significant because Judge there was a reference to Absolut Vodka on shows Judge Porteous’ awareness that per- Porteous was prohibited from obtaining the receipt and Judge Porteous was known ceptions of his actions might affect his ap- more credit while his bankruptcy plan was in to drink Absolut Vodka. One of the judges pointment to the federal bench. His instinct, effect. But there was far from clear and con- who was allegedly recruited by Judge it turns out, was accurate because the New vincing evidence settling that question. Orleans newspaper reported that Judge Porteous, Ronald Bodenheimer, stated that On the one hand, gamblers fill out a credit Porteous had unlawfully set aside the con- Judge Porteous never told him what to do in application before they obtain markers. On viction and the Justice Department would relation to the Marcottes, nor did the other hand, casinos redeem markers by later conclude that his decision was contrary Bodenheimer feel that Judge Porteous ever presenting them at the gambler’s bank. On to law. Or consider another example. Judge used his position as a federal judge to pres- the one hand, markers are checks under Lou- Porteous’ financially interactive relation- sure Bodenheimer to work with the isiana commercial law. On the other hand, ship with his friends Jacob Amato and Bob Marcottes or to issue any bonds. Judge Judge Porteous’s bankruptcy attorney and Porteous simply told Bodenheimer that he the bankruptcy trustee in his case consid- Creely may not have bothered him, but it could trust the Marcottes when it came to ered them to be credit. Experts testifying be- certainly bothered them. While on the state providing information related to a particular fore the Committee at the evidentiary hear- court bench, Judge Porteous began assigning offender. ing strongly and directly disagreed. This dis- unsolicited curatorship cases to Creely after While we do not take the position that any pute, as important as the issue may be, was Creely refused to give him money. Having of these witnesses was lying, we believe that simply not settled with sufficient clarity to provided a new source of revenue, Judge the House must clear a high bar in proving direct a conclusion either way. As such, Porteous began requesting, and Creely and the guilt of a federal official in an impeach- Judge Porteous deserves the benefit of the Amato began providing, a portion of the fees ment trial. The House did not meet its bur- doubt. generated by those cases. Amato believed den with respect to the conduct alleged in Finally, Judge Porteous not only success- that this arrangement was unethical, a kind Article II. fully completed what is considered a large of kickback, and warned Creely that it was Three features of Article III distinguish it Chapter 13 bankruptcy, even after the bank- going to turn out badly. Amato did not dis- from the others. Article III is the only one ruptcy judge nearly doubled his monthly close it at the recusal hearing in the alleging conduct that occurred entirely after payment, but he actually paid more than the Lifemark case because he believed he might Judge Porteous was appointed to the federal plan called for. That is not the conduct of be disbarred and that Judge Porteous might bench, that conduct was unrelated to either someone bent on bankruptcy fraud. The be removed from the bench. At our evi- his office or his official conduct in that of- question, then, is whether the allegations in dentiary hearing, the House’s judicial ethics fice, and Article III raises significant factual Article III that the evidence clearly showed expert opined that this conduct violated the disputes. Unofficial conduct may constitute to be intentional acts were sufficient to re- ABA model code of judicial conduct, and the ‘‘high crimes and misdemeanors’’ that move Judge Porteous from the bench. We do even Judge Porteous’ own expert suggested justify impeachment and removal, but that not believe so and, therefore, voted to acquit that it was ethically troubling. conclusion must be clearly established after on that article. If his own best friend thought disclosing giving Judge Porteous the benefit of the We looked at Article IV with particular in- this financial relationship might get Judge doubt regarding remaining factual disputes. terest because the conduct by Judge Porteous removed from the bench, it is sim- There is no dispute that Judge Porteous Porteous that it alleged directly implicated ply not credible that Judge Porteous be- filed his initial bankruptcy petition under a the Senate and the judicial confirmation lieved disclosure of that relationship could false name, signing the declaration ‘‘under process. One of us not only serves on the Ju- not affect his appointment to the bench. In- penalty of perjury that the information pro- diciary Committee, but was its Ranking stead, he apparently answered those ques- vided in this petition is true and correct.’’ If Member when Judge Porteous was confirmed tions in the negative for the same reason there was any evidence that he intended to in 1994. that he put off setting aside that criminal

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.020 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10284 CONGRESSIONAL RECORD — SENATE December 15, 2010 conviction, to avoid any obstacles to a life- House managers established that as a peachment, the Constitution does not time appointment. This dishonest participa- State judge, Mr. Porteous assigned cu- state that improper conduct must be tion in the confirmation process undermined ratorship cases to two attorneys, one committed during the tenure of the the integrity of that process and possibly de- of whom was before him in the Federal office; rather, ‘‘[t]he critical prived the Senate of information that would have mattered in considering his nomina- Liljeberg case, and had a portion of the questions are whether Judge Porteous tion. His negative answers to questions he fees, totaling approximately $20,000, committed such misconduct and was actually asked were material and de- funneled back to him. Not only did Mr. whether such misconduct demonstrates monstrably false. For that reason, we voted Porteous fail to disclose these facts or the lack of integrity and judgment to convict on Article IV. recuse himself from the case, he pro- that are required in order for him to The Senate was correct in removing Judge ceeded to solicit and accept $2,000 cash continue to function [as a Federal Porteous from the bench. He argued that it from those attorneys while the judge].’’ I agree with Professor was unclear that his actions violated the Liljeberg case was still under his ad- Gerhardt on this fundamental ques- public trust and warranted removal. The message from the Senate is clear that the visement. tion. privilege of serving the American people Out of concern for the public’s con- Certainly if the Senate learned after comes with a responsibility to be fair, hon- fidence in our court system, I have fre- confirmation that a judge killed some- est, and to behave in a manner that inspires quently expressed disappointment one before he or she was confirmed, the confidence in the courts and our system of about the lack of recusals by judges Senate should not be prevented from justice. with conflicts of interest. There should later removing that judge. Similarly, Mr. LEAHY. Mr. President, for just be no doubt that recusals go to the the Senate should not be foreclosed the eighth time in this country’s his- heart of a judge’s impartiality. In gross from removing a judge for serious mis- tory, the Senate has voted to impeach violation of his judicial ethics, Mr. conduct not revealed during the con- and remove a Federal judge from the Porteous engaged in a corrupt scheme firmation process that goes to the role bench. Impeachment is a serious, con- with attorneys, solicited and accepted of the judge. A lifetime appointment to stitutional act intended not as a form money from attorneys with pending the Federal judiciary does not entitle of punishment, but rather as means of matters before his court, and deprived those unfit to serve to a lifetime of protecting the integrity of our system the public and litigants of his honest Federal salary and benefits. As chair- of government. This is particularly services by failing to recuse himself. man of the Judiciary Committee, I re- true when we consider the impeach- The defense argued that article I ject any notion of impeachment immu- ment of members of the judiciary. Pub- should be dismissed because of the Su- nity if misconduct was hidden, or oth- lic confidence in our courts is funda- preme Court’s recent ruling in erwise went undiscovered during the mental to the functioning of our de- Skilling. I am familiar with the Court’s confirmation process, and it is relevant mocracy. When a judge engages in con- ruling, and have authored legislation to a judge’s ability to serve as an im- duct that grossly violates the public in response to it. The Supreme Court’s partial arbiter. trust, he or she not only becomes in- holding was about a specific criminal With regard to the third article of capable of fulfilling the responsibilities statute, not judicial conduct or im- impeachment, it is clear that Mr. of the office, but also brings disrepute peachment standards. No reasonable Porteous knowingly and intentionally to the entire judicial system. judge would believe that soliciting and made material false statements and Prior to the Senate’s vote on Decem- accepting cash payments from an at- representations—including signing and ber 8, I voted three times to convict a torney with a pending case would be al- filing under the name ‘‘G.T. Orteous’’— Federal judge. In each instance, I care- lowable or would not be an obvious under penalty of perjury on his per- fully considered the facts in the case, ground for recusal. sonal bankruptcy court filing. It is as well as my constitutional obliga- The notion that was raised by the de- hard to imagine stronger evidence that tions and the precedent being set for fense that corrupt judges could not be this judge believed the law did not future generations. I have no doubt impeached ignores the purpose of im- apply to him. A judge who lies under that just as we looked back to past im- peachment as it relates to public con- oath in court filings is unable to con- peachments to guide our actions in this fidence in our justice system. The Con- tinue in an office that requires him to proceeding, we now leave new prece- stitution did not list a specific set of administer oaths and sit in judgment. dent that others will look to for guid- conduct that would result in impeach- Mr. Porteous’s actions in his bank- ance and wisdom. For this reason, I ment. Instead, Senators should deter- ruptcy proceedings demonstrate a fla- wanted to elaborate on the constitu- mine for themselves what conduct ren- grant disregard for the courts as an in- tional issues presented during this im- ders one unfit to hold public office. We stitution, making him unfit to serve as peachment trial and explain my deci- must consider the type of duties that a respected member of the judiciary. sion to vote to convict Judge Porteous the impeached official is called upon to The last article of impeachment on all four Articles of Impeachment. perform and whether the conduct en- against Mr. Porteous relates to his ac- First, I should note that the im- gaged in impairs the official’s ability tions before the Senate Judiciary Com- peachment trial against Mr. Porteous to perform those duties. This analysis mittee. As chairman of the Senate Ju- was bipartisan, and, I believe, unques- differs depending on the office and re- diciary Committee, I take the word of tionably fair. The Senate Impeachment sponsibilities of the official before us. judicial nominees that come before our Trial Committee held 5 days of evi- Article II alleges that as a State committee very seriously. The process dentiary hearings, with testimony re- court judge, Mr. Porteous took numer- for aiding the Senate in considering ceived from 26 fact and expert wit- ous things of value and accepted per- these lifetime appointments relies on nesses. The record before the Senate is sonal services from a bail bondsman, being able to trust and evaluate the in- well developed, and most of the facts while setting favorable bonds for his formation provided to us by nominees, underlying the allegations against Mr. company. As a Federal judge, Mr. so it requires their utmost candor. Porteous are uncontested. These facts Porteous continued to receive things of Mr. Porteous knowingly made mate- demonstrate that Mr. Porteous en- value in exchange for using ‘‘the power rial false statements about his past to gaged in conduct that compromised the and prestige of his office’’ to help these the Senate by responding ‘‘no’’ to ques- administration of justice, brought dis- bondsmen form corrupt relationships tions on his Senate Judiciary Com- repute to his office, and required his re- with State court judges. The evidence mittee questionnaire, and to the FBI in moval from the bench. showed a pattern before and after his connection with his background re- The first article of impeachment al- Federal confirmation of capitalizing on view, in order to obtain office. His de- leges that as a Federal judge, Mr. his position of power to receive im- fense to article IV is that his conduct Porteous failed to recuse himself in the proper gifts. Moreover, as Professor Mi- was ‘‘business as usual’’ in New Orleans bench trial of Lifemark Hospitals of chael Gerhardt, who served as Special and, therefore, he believed his re- Louisiana, Inc. v. Liljeberg Enter- Counsel to the Senate Judiciary Com- sponses to be true. Whether he made prises, despite having previously en- mittee during the last two Supreme false statements is not purely a subjec- gaged in a corrupt scheme with one of Court confirmations, testified before tive inquiry; and most certainly not the attorneys before the court. The the House Task Force on Judicial Im- where his ‘‘belief’’ in the truth of his

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.021 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10285 statements is in direct conflict with ary. The U.S. Judicial system is the impeachment of U.S. District Judge the factual knowledge on which it is greatest in the world, but it can only Walter Nixon provides us with guid- based. I am convinced that Mr. remain so as long as the integrity and ance as to what constitutes an im- Porteous’s responses on the Senate impartiality of our judges is never in peachable offense. It states: questionnaire were material because doubt. Judge Porteous’s actions were The House and Senate have both inter- had his solicitation and acceptance of so contrary to everything we demand preted the phrase other high Crimes and Mis- cash and gifts from parties with mat- of our judges that I have no hesitation demeanors’ broadly, finding that impeach- ters before him been known to the Sen- in voting to convict him on each arti- able offenses need not be limited to criminal conduct. Congress has repeatedly defined ate, he would not have been confirmed. cle. [the phrase] to be serious violations of the During the impeachment trial pro- One of the primary aspects that public trust, not necessarily indictable of- ceedings, I asked both the House man- make an impeachment trial unique fenses under the criminal law. agers and Mr. Porteous’s defense attor- from a criminal trial is the standard of Thus, the question of what conduct by a neys the following question: ‘‘The Sen- proof. I began the impeachment process Federal judge constitutes an impeachable of- ate Judiciary Committee requires a believing that the House must prove its fense has evolved to the position where the sworn statement as part of a detailed case beyond a reasonable doubt in focus is now on public confidence in the in- tegrity and impartiality of the judiciary. questionnaire by a nominee. Until this order for a conviction. This is not the When a judge’s conduct calls into question questionnaire is filed, neither the Judi- case. his or her integrity or impartiality, Congress ciary Committee nor the Senate votes Obviously Judge Porteous would like must consider whether impeachment and re- to advise and consent to the nomina- all of us to use the standard of ‘‘beyond moval of the judge from office is necessary tion. Would not perjury on that ques- a reasonable doubt,’’ while the House to protect the integrity of the judicial tionnaire during the confirmation managers would prefer a ‘‘preponder- branch and uphold the public trust. process be an impeachable offense?’’ ance of the evidence standard.’’ Some We are also faced with deciding Both sides unequivocally answered scholars have urged a middle ground, whether impeachable offenses are lim- that perjury on the Senate question- suggesting that the appropriate stand- ited to acts occurring after an indi- naire and during the confirmation ard of proof should be ‘‘clear and con- vidual became a Federal official. Ac- process would be an impeachable of- vincing evidence.’’ But the fact is that cording to the Congressional Research fense. we each have to make our own deci- Service, ‘‘it does not appear that any As chairman of the Senate Judiciary sion. President, Vice President, or other Committee, I am particularly offended I believe that the ‘‘beyond a reason- civil officer of the United States has by Mr. Porteous’s intentional dishon- able doubt’’ standard is too high. The been impeached by the House solely on esty and disrespect for the office to Senate does not have the authority to the basis of conduct occurring before which he was confirmed, and for the take away Judge Porteous’s liberty but he began his tenure in the office held entire confirmation process. When a ju- only the authority to remove him from at the time of the impeachment inves- dicial nominee testifies before the Sen- a position of public trust. I also believe tigation, although the House has, on ate Judiciary Committee, they must be that whether you use a clear and con- occasion, investigated such allega- completely forthright and honor the vincing evidence standard or a prepon- tions.’’ promises or statements they make to derance of the evidence standard, the I do not see how we can restrict our us. Once confirmed, Federal judges House managers have met their bur- authority to impeach and convict a have lifetime appointments. Impeach- den. Federal official to conduct that only ment is a drastic measure, but one we Another important question each of occurred after he or she took office. To must take when a nominee conceals se- us must decide is what constitutes an do so would lead to a perverse result, rious wrongdoing. impeachable offense. Judge Porteous’s one in which, as the House managers The House managers presented attorneys argue that much of his con- argue, ‘‘makes the position of federal uncontested facts that Mr. Porteous duct is not impeachable because it does judge a lifetime safe harbor for some- engaged in conduct that violated the not meet the constitutional standard one who is able to hide his misdeeds public trust and is now unfit to be a of ‘‘high crimes and misdemeanors.’’ and defraud the Senate into confirming district court judge, or hold any other They also argue that most of his con- him.’’ public office. Both sides were well rep- duct occurred prior to his confirmation In considering whether pre-Federal resented in this proceeding, and I to the Federal bench or was not related conduct should be considered as a basis thank them for their advocacy and pro- to his duties as a Federal judge, and for impeachment, Professor Michael fessionalism. therefore not grounds for impeach- Gerhardt testified before the House Mr. UDALL of New Mexico. Mr. ment. I do not believe any of these ar- that, ‘‘[t]he critical questions are President, as a member of the Im- guments are persuasive. whether Judge Porteous committed peachment Trial Committee, I had the I initially thought of ‘‘high crimes such misconduct and whether such privilege of carrying out a constitu- and misdemeanors’’ in the context of a misconduct demonstrates the lack of tional duty that fortunately is a rare criminal trial. My prosecutor experi- integrity and judgment that are re- occurrence. I commend the work of ence made me ask what elements had quired in order for him to continue to Chair MCCASKILL and Vice-Chair to be proven in order to convict on function’’ as a Federal judge. HATCH, as well as the staff of the com- each article. But now I understand that I believe this is an appropriate stand- mittee, Senate legal counsel, and CRS. an impeachment is so fundamentally ard, and I believe Judge Porteous’s They have done an excellent job of different than a criminal trial that conduct as a State court judge was in- making a complex and time-consuming such comparisons do not work. compatible with the trust we place in process as clear and straightforward as Alexander Hamilton wrote that im- our Federal judges. Had his pre-Federal possible. peachable offenses ‘‘proceed from . . . conduct been serious, but outside of I began the impeachment process the abuse or violation of some public the scope of his role as a State judge, with the belief that my legal back- trust’’ and ‘‘relate chiefly to injuries I might have been more hesitant to ground would help guide my judgment done immediately to the society consider it as a basis for impeachment. as to whether or not Judge Porteous is itself.’’ The Framers also did not use In this case, however, his corrupt con- guilty. As the attorney general of New the term ‘‘misdemeanor’’ to mean a duct was directly connected to his du- Mexico for 8 years and a former assist- minor crime, as it is used today. At the ties as a judge. In arguing against con- ant U.S. attorney, I saw the impeach- time of the Constitution’s drafting, a sidering pre-Federal conduct, Judge ment process as closely analogous to a misdemeanor referred to the demeanor Porteous is essentially telling the Sen- criminal trial. It turns out, however, or behavior of a public official. ate that although he was a corrupt that the two are very different in many Judge Porteous’s counsel made sev- State court judge, that conduct should key aspects. eral references to the fact that the not be considered in determining his Unlike a criminal trial, our role is judge was not criminally charged for fitness to continue as a Federal judge. not to punish the guilty, but is instead his actions. But this is not a relevant I do not find this argument the least to protect the integrity of the judici- consideration. The 1989 report on the bit persuasive.

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.005 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10286 CONGRESSIONAL RECORD — SENATE December 15, 2010 A final question is whether impeach- that he should be convicted on all four Porteous’s ‘‘pre-Federal’’ conduct able offenses should be limited to offi- articles and removed from office. I should be outside the scope of our de- cial acts that are directly related to would like to explain the principles I liberation. I do not believe the act of his duties as a judge. Just as I don’t be- used to reach this conclusion and touch being confirmed to a Federal judgeship lieve pre-Federal conduct must be ex- on some of the evidence that supported by the Senate erases or excuses an in- cluded as a basis for impeachment, I do conviction. dividual’s conduct up to the point of not feel that nonofficial conduct must There has been much discussion by confirmation. be excluded. the parties about the standard of proof Had the Senate known in 1994 what In fact, Judge Porteous’s own attor- to be employed in an impeachment pro- we know now about Porteous’s conduct ney, Jonathan Turley, wrote in a law ceeding, and what constitutes an im- as a State judge, it would have un- review article that ‘‘Congress repeat- peachable offense. The Constitution doubtedly disqualified him from be- edly rejected the view that impeach- provides us with limited guidance on coming a Federal judge. No judge at able conduct was limited to official these issues. Ultimately, in keeping any level should accept gifts that acts or abuses of authority. Impeach- with precedent established by this body would even appear to be designed to af- able conduct often included acts that in the past, each Senator must individ- fect his judgment or influence his deci- were incompatible with continuing to ually decide what conduct is impeach- sions. Yet there is no doubt Judge hold an office of authority, including ment-worthy and how much proof is Porteous did just that. crimes or misconduct outside the offi- necessary to reach that conclusion. It is unfortunate that those charged cial realm.’’ In my opinion, the question before us with investigating Judge Porteous’s I believe the question to ask when is whether Judge Porteous’s conduct fitness for office in 1994 did not raise considering nonofficial acts is the same calls his integrity and impartiality more flags about his history. This does as that for pre-Federal acts does the into question and whether we must re- not eliminate our duty to act. I see no misconduct demonstrate a lack of in- move him from office to protect the reason not to remove him from office tegrity and judgment that are required reputation of the judiciary and pre- today when these events still bear on in order for him to continue to func- serve the public’s trust in it. Our his integrity and impartiality. Plain tion as a Federal judge? Once again, I courts are the places where citizens ex- and simple, the judge perjured himself found Judge Porteous’s nonofficial con- pect to receive a fair and legitimate before this body during his confirma- duct to reach the level of an impeach- resolution of their disputes. This is a tion by representing that nothing in able offense. We expect a Federal judge cornerstone of civil society. Any con- his history would cast doubt on his fit- to have the utmost respect for the rule duct by a judge—whether on the job or ness to hold office. of law, but Judge Porteous knowingly off that causes people to seriously Finally, Judge Porteous also perjured filed for bankruptcy under a false question his honesty and basic willing- himself during his own personal bank- name, an act that he knew was illegal. ness to dispense justice fairly is a vio- ruptcy proceedings. The House pre- His attorneys argue that this act was lation of the public trust. sented evidence that he failed to dis- insignificant he filed amended forms a Unfortunately, I think any reason- close gambling debts during his bank- few weeks later and none of his credi- able citizen walking into Judge ruptcy, failed to disclose a number of tors were harmed. But this argument Porteous’s courtroom would have assets, and made other willful mis- misses the point that a Federal judge ample reason to question his commit- representations in his filings like using had so little respect for the legal proc- ment to doing justice. This is a judge a false name in his initial petition. I ess that he would commit perjury in who used his judicial offices at both understand that this conduct may not order to avoid embarrassment. Such the State and Federal levels to rou- have been a direct abuse of the judge’s actions make him unfit for a lifetime tinely obtain personal perks, including office, but his deception during this pe- appointment to the Federal bench. meals, alcohol, a bachelor party for his riod reflected a lack of respect for the For the reasons discussed above, I son, trips, and eventually cash kick- law and an unwillingness to follow it. voted guilty on each of the four Arti- backs totaling some $20,000. A sitting Federal judge should have cles of Impeachment. Any reasonable citizen would also erred on the side of overdisclosure. In- Mrs. SHAHEEN. Mr. President, it has doubt this judge’s ability to be impar- stead, I believe the House has shown been a privilege to serve as a member tial. The House presented substantial that Judge Porteous repeatedly com- of the Senate Impeachment Trial Com- evidence related to a multimillion dol- mitted perjury. mittee over the past year. We have lar piece of litigation in which Judge Serving as a judge is a privilege, and been part of a rare event in the history Porteous had an obvious conflict of in- it demands strict adherence to the of this Congress and our country and it terest but failed to recuse himself. He highest ethical standards. The evidence has been fascinating to watch this took thousands of dollars in cash gifts in this case, taken as a whole, showed process unfold. I want to join my fellow from a lawyer friend representing a that Judge Porteous failed this test committee members in thanking party to the case during the course of routinely over the course of some 15 Chairman MCCASKILL and Vice-Chair- his deliberations. He then turned years. The House presented ample cred- man HATCH for leading a fair, effective, around and issued a decision favoring ible evidence to support the charges in and efficient operation. They provided his friend’s client. Judge Porteous’s each of the articles, and I felt com- remarkably decisive leadership on ruling was overturned in an absolutely pelled to vote to convict on all four to complex legal issues while also respect- scathing opinion by the Fifth Circuit protect the integrity of the judiciary ing the rights and the interests of both Court of Appeals, which called his deci- and its credibility in the eyes of the parties to this matter. sion ‘‘inexplicable’’ and ‘‘close to being public. I am proud of the report our bipar- nonsensical,’’ among other rebukes. Mr. KOHL. Mr. President, I want to tisan committee produced, and I would While on the State bench, the Judge first commend my colleagues on the like to once again thank and recognize maintained close relationships with Senate Impeachment Trial Committee the trial committee’s staff for their bail bondsmen working for defendants for the outstanding work they have hard work. Their efforts were an indis- in his courtroom. The evidence showed done to receive and report the evidence pensable part of this unique and his- that he continuously set favorable bail in this case to the full Senate. Led by toric undertaking. levels that while perhaps within the Senators MCCASKILL and HATCH, the Judging Articles of Impeachment bounds of his legal discretion had been committee’s dedication to impartiality drawn up by the House of Representa- suggested by the bondsmen to maxi- and integrity is something of which we tives is one of the more solemn duties mize their profits. For this, the judge can all be proud. given to Senators by our Constitution. enjoyed complimentary steak lunches, The Constitution gives the Senate After spending more than a week with midday martinis, at least one trip to ‘‘the sole power to try all impeach- my fellow committee members hearing Las Vegas, as well as home and car re- ments.’’ The Senate acts as the the evidence against Judge Thomas pairs. factfinder in impeachment proceedings Porteous, and after reviewing the par- I was totally unpersuaded by the de- and determines, as individuals and as a ties’ final submissions, I concluded fense team’s argument that Judge body, whether the respondent is guilty

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.006 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10287 of ‘‘high crimes and misdemeanors’’ so egregious nature of the judge’s con- 3. On the Senate Judiciary Commit- as to require removal from office. duct, I also voted to disqualify Judge tee’s Questionnaire for Judicial Nomi- After carefully reviewing the evi- Porteous from any future Federal of- nees, Judge Porteous was asked wheth- dence, I voted to convict Judge fice. er any unfavorable information existed Porteous on each Article of Impeach- The most compelling evidence pre- that could affect his nomination. Judge ment. On articles I and II, the evidence sented for each article was as follows: Porteous answered that to the best of showed that Judge Porteous used his Article I—The record demonstrated his knowledge, he did ‘‘not know of any judicial office for financial gain by fail- that Judge Porteous, while presiding as unfavorable information that may af- ing to recuse himself in a nonjury civil a U.S. District Judge, denied a motion fect [his] nomination.’’ Judge Porteous case and engaging in corrupt relation- to recuse himself in the case of signed that questionnaire by swearing ships with Jacob Amato, Robert Lifemark Hospitals of Louisiana, Inc. that the information provided in the Creely, and Louis Marcotte. The House v. Liljeberg Enterprises, despite the statement is, to the best of my knowl- managers proved by clear and con- fact that he had a corrupt financial re- edge, true and accurate.’’ vincing evidence that Judge Porteous lationship with the law firm rep- Mr. UDALL of Colorado. Mr. Presi- deprived litigants of a fair trial and un- resenting Liljeberg Enterprises. The dent, I rise to explain my votes in rela- dermined his sworn judicial duties. record also demonstrated that Judge tion to the impeachment of Judge G. On articles III and IV, I found Judge Porteous engaged in corrupt conduct Thomas Porteous, Jr. I take my role in Porteous guilty because of his dishon- after the Lifemark v. Liljeberg bench the rare process of impeachment seri- esty and gross misconduct. The facts trial, and while he had the case under ously, and welcome the opportunity to were clear. He filed his bankruptcy pe- advisement. Judge Porteous solicited explain my reasoning for voting guilty tition under a false name, concealed and accepted things of value from both on all four Articles of Impeachment assets and debt to finance his gambling Mr. Amato and his law partner, Mr. and to clarify for the record the lim- habit and lied to the FBI to obtain Creely, including a payment of thou- ited precedential value that I believe Senate confirmation of his judicial ap- sands of dollars in cash, then ruled in the conviction on Article IV should pointment. favor of the law firm’s client, Liljeberg provide. Finally, I voted against Judge Enterprises. When considering the evidence pre- Porteous’s motion to disaggregate the Article II—The record demonstrated sented by the House and Judge articles. I did so because each article that while Judge Porteous was a U.S. Porteous, I first had to establish what contained a series of events that suffi- district judge for the Eastern District standard of proof I would use to deter- ciently related to the charged allega- of Louisiana, he engaged in a corrupt mine his guilt or innocence on each Ar- tion. The case against Judge Porteous relationship with bail bondsman Louis ticle of Impeachment passed by the can be distinguished from those of M. Marcotte, II and his sister, Lori House of Representatives. The Senate Judge Nixon and President Clinton. Marcotte. The record also dem- has never adopted a standard of proof Here, the House presented specific, in- onstrated that, as part of this corrupt like ‘beyond a reasonable doubt’ from relationship, Judge Porteous solicited divisible articles of misconduct which the criminal context or ‘a preponder- and accepted numerous things of value provided a clear record for us to evalu- ance of the evidence’ from a civil dis- for his personal use and benefit, includ- ate. pute context; rather, the Senate has al- As with each judicial impeachment, ing meals, trips, home repairs, and car lowed individual Senators to decide for the Senate is faced with difficult and repairs, while at the same time taking themselves what standard is most ap- novel issues. However, the Constitution official actions that benefitted the propriate. I ultimately settled on the Marcottes. makes clear that impeachment is a re- standard suggested by the House Man- Article III—The record demonstrated medial provision that cures our insti- ager, that I be convinced of the truth- that Judge Porteous knowingly and in- tutions when officials violate the tentionally made material false state- fulness of the allegations and that they public’s trust and confidence. I do not ments and representations under pen- rise to a level of high crimes and mis- come to my decision lightly, but re- alty of perjury related to his personal demeanors. Mr. President, our founders granted moval and disqualification of Judge bankruptcy filing, and that he repeat- Congress the power of impeachment to Porteous is necessary. As required by edly violated a court order in his bank- protect the institutions of government the Constitution, Judge Porteous no ruptcy case. longer enjoys the privilege of sitting on Article IV—The record demonstrated from those judged to be unfit to hold the Federal bench or holding any Fed- that Judge Porteous knowingly made positions of trust. In Federalist 65, Al- eral position ‘‘of honor, trust or prof- numerous material false statements exander Hamilton wrote of the jurisdic- it.’’ I thank and appreciate my col- about his past to both the U.S. Senate tion to impeach an official: ‘‘There are leagues for their commitment and and the Federal Bureau of Investiga- those offenses which proceed from the collegiality during this process. tion in order to obtain the office of misconduct of public men or, in other Mr. NELSON of Florida. Mr. Presi- U.S. district court judge. The record words, from the abuse or violation of dent, I rise today to discuss the im- demonstrated that these statements some public trust.’’ This captures the peachment of Judge Thomas Porteous included the following: standard I applied to reach a deter- and specifically to offer my thoughts 1. On his Supplemental SF–86, Judge mination of guilt on each Article of on the Articles of Impeachment. Porteous was asked if there was any- Impeachment. I was convinced that First, let me say as a general matter thing in his personal life that could be Judge Porteous, through each action that when we as a body consider the used by someone to coerce or black- and through his pattern of behavior, nomination of a Federal judge, we do mail him, or if there was anything in undermined the public’s faith in him as so with the hope and expectation that his life that could cause an embarrass- a government official and in the insti- the individual being considered will up- ment to Judge Porteous or the Presi- tution that he represented—the United hold the law and treat people appearing dent if publicly known. Judge Porteous States Federal Court. in his or her courtrooms with fairness answered no to this question and With respect to Articles I, II and III, and impartiality. The lengthy record signed the form under a warning that a I am confident that the evidence of spe- presented by the House managers dem- false statement was punishable by law. cific acts and the pattern of behavior onstrated that Judge Porteous has had 2. During his background check, displayed by Judge Porteous justifies an ongoing pattern of conduct that Judge Porteous falsely told the Federal my determination that he was guilty of does not comport with the trust that Bureau of Investigation on two sepa- high crimes and misdemeanors. Article the Senate placed in him when it con- rate occasions that he was not con- IV, however, gives me pause. While I firmed Judge Porteous as a U.S. dis- cealing any activity or conduct that believe that the guilty vote on Article trict court judge in 1999. could be used to influence, pressure, co- IV was correct, I have reservations The managers also presented suffi- erce, or compromise him in any way about the precedent that scholars and cient evidence for me to vote in favor that would impact negatively on his future Senators might find in this im- of each of the Articles of Impeachment. character, reputation, judgment or dis- peachment. The questionnaire the judi- Because of the lengthy, ongoing, and cretion. cial nominees fill out for the Senate

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.008 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10288 CONGRESSIONAL RECORD — SENATE December 15, 2010 Judiciary Committee provides an op- Porteous. By coercing his former law equal justice under the law. Judge portunity for those nominated to an- partners to participate in a kickback Porteous’ long history of corruption, swer questions about their past activi- scheme while a state judge, by failing deceit, and abuse of power renders him ties and involvement in and with the to properly disclose this corrupt rela- incompatible with that commitment. law. From these questionnaires, we are tionship when warranted as a federal His removal strengthens our judiciary able to learn of a nominee’s legal expe- judge in a recusal hearing and by ob- and confirms the integrity of those rience, find information about past taining further improper cash pay- who remain a part of it. statements and generally assess the ments from them while taking their f fitness of the nominee for the federal case under advisement, Judge Porteous bench. misdemeaned himself in a manner that OMNIBUS APPROPRIATIONS On his questionnaire, Judge Porteous is directly contrary to the essential MANIILAQ ASSOCIATION was asked whether any unfavorable in- public trust of his office. Federal Mr. HARKIN. Mr. President, in Divi- formation existed that could affect his judges cannot solicit improper gifts, sion H of the explanatory statement nomination, and he answered that he and they certainly cannot lie to liti- accompanying the fiscal year 2011 Con- did not know of any. I believe that gants who appear before them. solidated Appropriations Act, under Judge Porteous engaged in a pattern of The conduct described in the remain- the authority of the Center for Mental behavior prior to, during and after his ing three Articles of Impeachment is, Health Services at the Substance nomination to the federal district likewise, wholly repugnant to the of- Abuse and Mental Health Services Ad- court that undermined the public’s fice of a U.S. judge. Counsel for Judge ministration, please add Senator faith in him as a government official, Porteous argued that the Senate’s un- BEGICH to the list of members request- and that this pattern of behavior rose precedented conviction on these counts ing funds for the Maniilaq Association to the level of an impeachable offense would weaken the judiciary to political in Kotzebue, AK, to provide suicide that met the standard of high crimes attacks. I do not dismiss these argu- prevention activities in northwest and misdemeanors. Having said that, I ments lightly. With only 12 impeach- Alaska. do not believe that future nominees ment trials having been completed in DIVISION G should be subject to impeachment sim- our Nation’s history, however, novelty Ms. MIKULSKI. Mr. President, I rise ply for a failure to answer a subjective, of the particular offenses charged is no to make a clarification regarding a open-ended question on the Senate Ju- absolute defense. My votes to convict— project that is listed in the congres- diciary Committee’s questionnaire. whether for conduct on the State sionally designated spending table to Judge Porteous abused the question- bench, as a private citizen, or before accompany Division G, the Interior, naire process, misrepresented his back- the Judiciary Committee—were com- Environment and Related Agencies di- ground and misled the Senate in an pelled because they revealed corrup- vision of fiscal year 2011 omnibus ap- egregious manner that was unique to tion and duplicity that, if coun- propriations bill. I understand that due this specific situation. However, I can tenanced, would destroy the integrity to a clerical error, I was listed as a imagine a scenario whereby a nominee of the federal judiciary. While counsel sponsor for the following water infra- could falsely affirm that no negative argued that the behavior charged in structure project: ‘‘City of Baltimore information affecting his nomination the final three articles did not concern for Penn Station pipe relocation.’’ I existed, yet I might not find that false Judge Porteous’ conduct as a Federal would like the RECORD to reflect that I answer to be an impeachable offense. I judge, each article charged conduct am not in fact a sponsor of this project. do not wish to see the nomination that bore an essential nexus to his Fed- Mrs. FEINSTEIN. Mr. President, as process become even more difficult for eral service. the chairman of the Subcommittee on qualified men and women of good char- Judge Porteous set bail bonds for the the Interior, Environment and Related acter, solely because of an onerous ap- purpose of maximizing the profits of Agencies, I regret that such an error plication process. Many of us have the bail bonds company, rather than was made. I would like to reconfirm things in our backgrounds that we protecting the public safety and guar- that my colleague, Senator MIKULSKI, might miss when asked open ended anteeing the defendant’s presence at should not be listed as a sponsor for questions, and the Senate should not trial. He carried out this scheme to this project. hang the cloud of impeachment over cultivate improper benefits from the every nominee’s head because of such bail bonds company, trading official ju- f oversights alone—otherwise, we will dicial action for personal gain. This be- TRIBUTES TO RETIRING find ourselves without any nominees. havior was not an isolated lapse in SENATORS As a Senator who is not a lawyer, I judgment. It lasted for more than a would like to thank my colleagues who year, stopping only when Judge BOB BENNETT took on the historic task of preparing Porteous was confirmed to be a Federal Mr. CONRAD. Mr. President, I want and presenting this impeachment trial. judge. to take a moment to honor a friend and Specifically, Senator CLAIRE Judge Porteous also lied during his colleague, Senator BOB BENNETT, who MCCASKILL and Senator ORRIN HATCH bankruptcy while serving as a Federal will be moving on from the Senate who shared the role of chair of the Spe- judge. His only defense was that such after 18 years of service to the people of cial Impeachment Trial Committee. I conduct was not related to his service Utah. came away from this experience with a as a judge and included only acts taken BOB has had a long and impressive renewed respect for the Senate as an as a private citizen. A judge cannot re- career. Out of college, he served for institution. When given the oppor- peatedly demean a Federal court by several years in the Utah National tunity, Senators can work in a produc- lying to it, as here, in an attempt to Guard and worked as a congressional tive and civil manner, and I am sure avoid embarrassment and to continue liaison for the Department of Trans- that if he were able to see the dignity to amass more gambling debts. portation. Turning next to the private and respect with which the Senate Likewise, Judge Porteous’ lies and sector, he worked for 20 years in public treated this impeachment, Alexander deceptions during his confirmation relations and later in the technology Hamilton would be very proud. process reflect a willingness to subvert field. He put that experience to good Mr. COONS. Mr. President, as a re- the truth, under penalty of perjury, for use once elected to the Senate, using sult of today’s vote on the four Articles personal gain. His claim that any mis- his high-tech know-how to chair the of Impeachment against Judge G. takes were inadvertent is simply not Senate Special Committee on the Year Thomas Porteous, the Senate has ful- credible. The evidence demonstrates 2000 Technology Problem, serve on the filled its constitutional duty to remove that Judge Porteous actively concealed Senate Republican High-Tech Task a threat to the public’s trust and con- the corrupt bail bonds scheme from Force, and work on issues from fidence in the Federal judiciary. FBI investigators, and failed to dis- broadband infrastructure development The conduct set forth in the first Ar- close much more corrupt behavior. to cyber security. ticle of Impeachment alone justifies Our Federal courts are an enduring Utah and North Dakota have many the Senate’s conviction of Judge symbol of our national commitment to things in common. Both are largely

VerDate Mar 15 2010 04:04 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.025 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10289 rural States with unique needs that has used that position to make sure gram, he was named Senator of the often go unrecognized by those who our troops are properly equipped and Decade by the National Head Start As- live in densely-populated areas. Sen- supplied while on duty and to reduce sociation. ator BENNETT should be proud that he the financial burden on their families. Senator DODD was also one of the key has been a vocal and consistent sup- He has also been a strong supporter for Senators who made passage of health porter of funding for Utah’s farmers efforts to keep nuclear weapons out of care reform, the Patient Protection and ranchers, veterans, rural health the hands of dangerous states and ter- and Affordable Care Act, a reality. A care institutions, military installa- rorist groups. close and personal friend of the late tions, and roads, highways, and mass- Senator BAYH also understands the Senator Ted Kennedy, Senator DODD transit infrastructure. I know that importance of education as a source of worked tirelessly on health reform in Utah has many reasons to be grateful opportunity to our people and a key in- the Senate Health, Education, Labor for what BOB BENNETT’s hard work on vestment in the ongoing prosperity of and Pensions Committee, and in the the Appropriations Committee has our country. As Governor of Indiana, full Senate during Senator Kennedy’s brought to the State over the years. Senator BAYH created the 21st Century battle with brain cancer and after his During his time here, Senator BEN- Scholars Program, which offers a path passing. Senator Kennedy, who had NETT and I have worked closely on a to higher education at Indiana’s State been the leader in the Senate on re- number of important issues, especially universities for at-risk students. Sen- forming our health care system for sev- those related to our national defense. ator BAYH continued his strong support eral decades, would have been very As an important member of the Senate of education in the Senate, working to proud of Senator DODD and his relent- ICBM Coalition, Senator BENNETT has make college more affordable through less efforts to reform our Nation’s worked with me to ensure that our Na- new tax credits for qualified tuition ex- health care system. The health care reform law that Sen- tion preserves both its fleet of Minute- penses, higher student aid grants, and ator DODD helped to craft will expand man III intercontinental ballistic mis- more affordable student loans. health insurance coverage to approxi- siles and the infrastructure required to Senator BAYH has served the people mately 32 million Americans and cre- keep them operational for years into of the State of Indiana with integrity. ate some common-sense rules of the the future. Senator BENNETT is also a I will miss having him as a colleague in road for the health insurance industry member of the Senate Tanker Caucus, the Senate, but I also know that his in an effort to clamp down on abusive which has vocally and consistently wife Susan and his sons, Beau and practices such as jacking up premiums pushed for the Department of Defense Nick, will be excited to have him back or dropping coverage just when people to quickly and fairly select and procure home in Indiana. I wish him success in need it most. It also builds on our cur- a next-generation aerial refueling whatever he chooses to do in the next chapter of his life. rent private, employer-based system by tanker to replace the aging KC–135. His expanding coverage, controlling costs, CHRISTOPHER DODD advocacy on this issue has been key in and improving quality, competition Mr. President, I rise today to pay the work of the caucus. and choices for consumers. Finally, of course, and I think most tribute and recognize the accomplish- Senator DODD is chairman of the Sen- importantly to BOB, he is a dedicated ments of a colleague and friend who ate Banking, Housing and Urban Af- and outstanding family man. Though I will be retiring from the U.S. Senate at fairs Committee. He has been instru- know he will be missed here in the Sen- the end of this term. Senator CHRIS- mental in working to put our country ate, the new time he will have to spend TOPHER DODD has represented Con- back on sound economic footing. As we with his wife Joyce and his six children necticut in Congress for 36 years, and all remember too well, in the fall of will certainly be counted among his has been an unrelenting advocate for 2008 we faced a financial crisis. Senator his constituents and working-class many blessings. My wife Lucy and I DODD and I and other leaders from both wish BOB and his family many happy Americans. Chambers were called to an emergency years ahead. Senator DODD has led a very impres- meeting in the United States Capitol EVAN BAYH sive career, and his dedication and love as the Nation’s economy teetered on Mr. President, I rise today to honor of public service is evident. After grad- the brink of collapse. At this meeting, my colleague from Indiana, Senator uating from Providence College, he vol- the Chairman of the Federal Reserve EVAN BAYH, who is retiring from the unteered with the Peace Corps in the and the Secretary of the Treasury from Senate. Senator BAYH has been a Dominican Republic for 2 years. Upon the previous administration told us strong voice for the people of Indiana , returning to the United States, DODD they were taking over AIG the next both in two terms as their Governor enlisted in the Army National Guard morning. They believed if they did not, and 12 years as their Senator. He has and later served in the U.S. Army Re- there would be a financial collapse. brought a keen intellect and a com- serves. In 1972, he earned a law degree Those were very, very serious days. monsense perspective to the Senate from the University of Louisville A few weeks later, the Bush adminis- that should make his fellow Hoosiers School of Law, and practiced law be- tration proposed virtually unfettered proud. Building on the Senate tradi- fore his election to the United States authority for the Treasury Secretary tions he learned from his father, he has House of Representatives in 1975. In to respond to the financial crisis. Sen- worked hard to build consensus across 1981, he became the youngest person to ator DODD, to his lasting credit, in- party lines to strengthen our country. join the United States Senate in Con- sisted on defining the Treasury’s au- It is clear to me that Senator BAYH necticut history. Senator DODD fol- thority, subjecting it to strict over- never forgets his other job in life. As a lowed in the footsteps of his father, the sight, and protecting the taxpayer. He father of twin boys, he often reminds late Senator Thomas Dodd, being elect- played a key role in improving the leg- his colleagues to consider the impact ed to both Chambers of Congress. islation, culminating in non-stop nego- of our decisions on our children and the Since his election to Congress, Sen- tiations into the middle of a Saturday following generations. ator DODD has served his State and the night in October. When the history of That is why I admire Senator BAYH’s Nation admirably. He has been a true the financial crisis is written, I expect deeply held belief in fiscal responsi- advocate for our children and their CHRIS DODD will be given great credit bility. Senator BAYH played a key role families, forming the Senate’s first for responding to the crisis, helping to in helping push for a fiscal commission Children’s Caucus. He was a champion prevent a Great Depression, and im- to address our Nation’s debt. He also and author of the Family and Medical proving the legislation. He played a urged that the long-term debt increase Leave Act, which guarantees working central role, I believe, in shaping the we passed earlier this year include a Americans time off if they are ill or response so that the ultimate cost to commitment to dealing with our debt. need to care for a sick family member taxpayers will be far, far lower than With his experience on the Senate or new child. In addition, he has con- originally expected. Select Committee on Intelligence and sistently fought to improve and expand Senator DODD also took the lead in the Senate Armed Services Committee, the Head Start program, a critical in- writing landmark Wall Street reform Senator BAYH has been a respected vestment in our Nation’s future. Due to legislation to help prevent another fi- voices on national security issues. He his tremendous advocacy of the pro- nancial sector collapse. It will allow

VerDate Mar 15 2010 04:12 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.072 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10290 CONGRESSIONAL RECORD — SENATE December 15, 2010 the government to shut down firms day Floridians. I have appreciated the the National Bank Examiner for the that threaten to crater our economy opportunity to work with Senator Office of the Comptroller of the Cur- and ensure that the financial industry, LEMIEUX and thank him for his service rency for the U.S. Department of the not the taxpayer, is on the hook for to our country. Treasury. In 1978, Senator Burris be- any costs. Senator DODD is owed great CARTE GOODWIN came the first African American to be thanks for his leadership and hard Mr. President, I rise today to recog- elected to a statewide office when he work on these financial issues during a nize the accomplishments of a col- was elected comptroller of the State of very difficult time for our Nation. league who has left the Senate. Sen- Illinois. Senator Burris continued to These are just a few of the examples ator Carte Goodwin represented West break barriers when elected as attor- of the great work Senator DODD has Virginia admirably after the passing ney general for the State of Illinois, be- done for the country. I would like to earlier this year of our dear friend and coming only the second African Amer- close by saying that Senator DODD’s colleague, U.S. Senator Robert Byrd, ican ever to be elected to the office of presence will certainly be missed in who was the longest serving Senator in State attorney general in the United this Chamber. He has served the people history. Senator Goodwin took the States. of Connecticut faithfully, and I know oath of office on July 20, 2010, and that his many contributions will not be joined the U.S. Senate as the Cham- Mr. Burris was appointed to fill forgotten. It has been an honor for me ber’s youngest serving Member at the President Obama’s open Senate seat on to work with such a compassionate and age of 36. December 30, 2008. In his nearly 2 years dedicated Senator, and I wish him and Senator Goodwin has led a very im- in the Senate, Mr. Burris has been ac- his family the very best. pressive career. After graduating from tive on the Armed Services and Home- GEORGE LEMIEUX Emory University School of Law in land Security Committees, as well as Mr. President, I want to take a mo- 1999, he clerked for Judge Robert King the Committee on Veterans’ Affairs. ment to recognize our retiring col- of the U.S. Court of Appeals, Fourth Whether it is fighting hard for Illi- league from Florida, Senator GEORGE Circuit. In 2000, Senator Goodwin nois’ veterans or casting an important LEMIEUX. joined the family private practice of vote in favor of health care legislation, Senator LEMIEUX came to the Senate Goodwin & Goodwin and remained Senator Burris has done much with his in September of 2009, amid extraor- there until 2005, when he became the limited time in the Senate. A lifelong dinary economic conditions. When he general counsel to West Virginia Gov- resident of Illinois, there are very few took office, Floridians were facing his- ernor Joe Manchin. After serving a full people more invested in their State’s torically high rates of unemployment— term for the Governor, Senator Good- future than Roland Burris. a trend too common across the coun- win returned to the family private try. And by November 2009, an esti- practice before being selected by Gov- As he departs the U.S. Senate and mated 45 percent of home mortgages in ernor Manchin to temporarily fill the heads off to future endeavors, there is Florida were ‘‘upside down,’’ meaning vacated seat of the late Senator Byrd no doubt that his beloved wife Berlean affected Floridians owed more on their until the November 2010 elections. and his two children, Rolanda and Ro- property than it was worth. Needless to Senator Goodwin’s leadership became land II, will be by his side. I wish Sen- say, there were significant economic immediately evident in the Senate as ator Burris lots of luck and happiness challenges facing the incoming junior his first vote cleared the way for an in the years ahead. Senator from Florida. important extension of unemployment ARLEN SPECTER It takes uncommon character and benefits to help those most in need dur- dedication to accept appointment to ing this tough economic time. He also Mr. President, today I wish to pay public office, especially in these uncer- introduced legislation in September, tribute and recognize the achievements tain times. Senator LEMIEUX chose to the Access to Button Cell Batteries Act of a colleague who will be leaving the confront our country’s economic chal- of 2010, to protect children against the Senate at the end of this term. Senator lenges by serving the people of Florida hazards associated with swallowing ARLEN SPECTER has represented Penn- in the United States Senate. button cell batteries that can be found sylvania in the Senate for three dec- Since arriving in the Senate, Senator in everything from musical greeting ades, making him the longest-serving LEMIEUX has expressed his desire to ad- cards to car keys. Senator in his State’s history. During dress our unsustainable fiscal condi- As chairman of the Budget Com- his tenure, he has been an unrelenting tion—a problem I agree will cripple our mittee, it has been a pleasure to have advocate for his constituents and country without bipartisan com- Senator Goodwin serve on that com- working-class Americans. promise. If we are to address our fiscal mittee, and see first-hand his commit- Senator SPECTER has had an impres- challenges, we must work together to ment and dedication to his Mountain sive career in both the public and pri- craft solutions to our economic chal- State constituents and the country. It vate sector. After graduating from the lenges. is no wonder that Senator Goodwin was University of Pennsylvania, he served In addition to historic economic and recently named to Time Magazine’s in the U.S. Air Force from 1951 to 1953. fiscal challenges, Senator LEMIEUX has list of ‘‘40 Under 40—Rising Stars of Following his service, he attended Yale confronted unexpected environmental U.S. Politics.’’ Law School and worked as editor for challenges. Not long after Senator Senator Goodwin is a man of out- the Yale Law School Journal. After LEMIEUX arrived in the Senate, our standing integrity, who has a relent- graduating from law school, Senator less work ethic. He has set a fine exam- country saw one of its greatest envi- SPECTER became an outstanding law- ronmental disasters of all time. For 3 ple for our Nation’s young politicians yer. As an aide to the Warren Commis- to follow. He has also been a true de- months, oil gushed into the Gulf of sion, he investigated the assassination fender of West Virginia. His compas- Mexico, causing extensive damage to of former President John F. Kennedy. sion and conviction will be missed in marine life, coastline, and commerce. He also served as the district attorney the U.S. Senate. I wish Senator Good- Senator LEMIEUX, along with his fellow in Philadelphia from 1966 to 1974, and win and his family great success, and gulf coast colleagues, worked to secure practiced law as a private attorney be- many happy years ahead. Federal relief to mitigate the effects of fore being elected to the U.S. Senate in ROLAND BURRIS the spill on the coastal region. 1980. It is not easy to navigate the Federal Mr. President, I want to take a mo- disaster relief system, especially for a ment to honor my colleague, Senator In the Senate, Senator SPECTER and I new Senator. I commend Senator Roland Burris, who will be retiring found significant common ground, as LEMIEUX for his work to protect his from the Senate after serving 2 years. his strong sense of integrity and mod- fellow Floridians from the effects of Senator Burris has had a long and erate philosophy have been key in pass- the gulf oil spill. distinguished career as a public serv- ing some of the this institution’s most Despite our political differences, I re- ant, both at the State and local levels. important legislation. During his time spect Senator LEMIEUX’s desire to Upon graduation from Howard Law in Congress, the Senator will be re- make a difference in the lives of every- School in 1963, Senator Burris became membered for presiding over historic

VerDate Mar 15 2010 04:12 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.023 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10291 U.S. Supreme Court confirmation hear- Even in retirement, Ted will con- helped author the Creating American ings as chairman of the Judiciary Com- tinue serving the American people. He Jobs and Ending Offshoring Act, a bill mittee. While undergoing chemo- was recently named Chairman of the that sought to end the tax benefits therapy for advanced Hodgkin’s dis- TARP Congressional Oversight Panel. given to employers that send jobs over- ease, Senator SPECTER managed the in- There are few who could make such a seas, and instead reward the companies tense confirmation proceedings for tangible mark on public policy in such that invest in the United States. I am Chief Justice John Roberts Jr. and Jus- a short time. I thank Ted for his years hopeful that the Senate may yet see tice Samuel Alito Jr. As a senior mem- of service and wish him all the best in the wisdom of his legislation and enact ber of the Appropriations Committee, the coming years. it into law. Senator DORGAN literally he led the fight to increase funding for BYRON DORGAN wrote the book on how corporate inter- the National Institutes of Health from Mr. LEVIN. Mr. President, I have ests and political short-sightedness are $12 to $30 billion to expand medical re- been honored for the past 18-plus years hurting U.S. workers and the U.S. search to find cures for cancer, Alz- to serve alongside Senator BYRON DOR- economy, and the Nation will continue heimer’s, Parkinson’s and other dev- GAN, who is preparing to leave the Sen- to benefit from his work on this issue astating and debilitating diseases. It is ate after three distinguished terms. even after he has left the Senate. no wonder that Time Magazine listed Senator DORGAN has been one of the Similarly, as cochair of the Congres- him among the 10 best Senators in 2006. most plain-spoken, energetic, and for- sional-Executive Commission on China, ARLEN SPECTER embodies what it midable forces in the U.S. Senate, and Senator DORGAN has done much to shed means to be a good Senator—integrity, I will sorely miss his voice. light on human rights abuses in China a strong work ethic, courage, dedica- Some might, at first, see relatively and to illustrate how China has often tion, and being true to one’s convic- little in common between more urban, failed to make good on its World Trade industrialized Michigan and more tions. Senator SPECTER has been a real Organization commitments. I am a champion for Pennsylvania and this rural, agricultural North Dakota. But member of the commission, and my country. His compassion, independence Senator DORGAN and I saw eye-to-eye brother is Senator DORGAN’s cochair, on issue after issue—problems that and voice of reason will be missed in and we have both enjoyed the privilege needed to be tackled, outrages that the U.S. Senate. I have appreciated the of working with him in that forum. needed to be exposed. Finally, Senator DORGAN has been an opportunity to work with Senator One of those problems is tax abuse. SPECTER, and wish him and his family essential voice in the Senate on reining Senator DORGAN has been one of the the very best. in the excesses of Wall Street. As Senate’s most stalwart and active op- chairman of the Permanent Sub- TED KAUFMAN ponents of tax cheats who rob the Mr. President, I wish today to pay committee on Investigations, which Treasury of billions of dollars each conducted a 2-year investigation into tribute to my distinguished colleague, year, while unloading their tax burden Senator Ted Kaufman. Ted has retired the financial crisis, I know personally onto the backs of honest taxpayers. He how diligent, informed, and intense his after just 2 years as a United States introduced legislation, commissioned Senator. He was appointed to this posi- efforts were to restore sanity to the key GAO reports, and fought long and U.S. financial system. He took it upon tion in January 2009 after Senator Joe hard against tax breaks that encourage Biden was elected as Vice President of itself to organize Senators into a force U.S. companies to ship jobs offshore, for change and reform. When lobbyists the United States. set up factories in other countries, and claimed banks were the victims rather Ted was an obvious choice to fill use phony offshore companies to dodge than the perpetrators of the crisis, that Joe’s well-established shoes. He has a taxes. I remember one floor fight last their executives had done nothing tremendous amount of experience on year in which he led a successful effort wrong, and their multi-million pay- Capitol Hill, and there are few who un- to stop legislation that would have checks were justified, Senator DORGAN derstand the inner workings of the opened the floodgates to billions of dol- dug into the facts, educated himself on Senate as well as he does. Before being lars that U.S. companies had hoarded the most esoteric financial engineer- appointed to fill Delaware’s vacant offshore and wanted to bring back ing, and took on the special interests. Senate seat, Ted served almost 20 years home without paying the same tax rate For example, he crafted an amendment as Chief of Staff for Senator Biden. as their competitors. I remember bat- This experience served him well as Ted tles we fought to stop so-called ‘‘in- to the Wall Street reform legislation to proved himself to be a strong and effec- verted’’ corporations—companies that ban ‘‘naked’’ credit default swaps and tive leader for Delaware. pretend to move their headquarters off- worked with me to add my amendment After only a month of Senate service, shore as a method of dodging U.S. banning synthetic asset-backed securi- Ted introduced the Fraud Enforcement taxes—from participating in Federal ties. Our joint amendment was unsuc- and Recovery Act, which increases the contracts. I remember joining with him cessful, but time will show those types number of FBI agents and prosecutors to request data exposing how U.S. com- of high-risk, empty bets do nothing to available to prosecute individuals who panies have stopped bearing their share advance the real economy and much to committed fraud during the financial of the tax burden. I am going to miss direct dollars into the mindless casino meltdown. This legislation became law his iron will and sharp wit in the ongo- that plagued the U.S. financial system. May 20. ing battles to combat tax abuse. I will sorely miss Senator DORGAN’s In addition, Ted has been a tireless Senator DORGAN has also been an ar- insight and determination in the ongo- advocate for improving regulation and ticulate and strenuous defender of ing battles to rein in Wall Street ex- safety in the financial services market American workers, benefitting working cess. The people of North Dakota are to help protect Americans from an- families not only in North Dakota and rightly proud of Senator DORGAN. He is other devastating economic decline as Michigan, but across the Nation. For a fighter, and he never stopped fighting a result of loose rules and abusive years, he has fought for fair trade poli- for them. They have benefitted greatly banking practices. He was also a strong cies, insisting trade partners like from Senator BYRON DORGAN’s service. proponent for renewing our country’s South Korea and Japan, that export The people of our Nation have bene- focus on science, technology, engineer- millions of autos to the United States, fitted. I know the working families of ing, and mathematics research to help open their doors to U.S.-made autos. my State have benefitted. I want to propel our country into the 21st cen- There may be no major auto factories thank him for his service, for his en- tury. in Senator DORGAN’s home State, but ergy, for his diligence, for his tenacity, Ted also established a unique tradi- that did not prevent him from exposing and for his friendship. On a personal tion during his time in the Senate. the hypocrisy and injustice of unequal level, Barbara and I wish him and Kim Every week, he made it a priority to market access and demanding change. I and their family the best as they em- honor the lifelong services of Federal will miss his voice in the ongoing bat- bark on this new path together. employees. All too often, the hard tles to pry open markets now shut to BLANCHE LINCOLN work of these public servants goes un- American goods. Mr. President, over the last 210 years, recognized, and I commend Ted for his Senator DORGAN also fought for many pioneers and groundbreakers efforts to honor these men and women. American working families when he have passed through this Chamber.

VerDate Mar 15 2010 04:12 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.074 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10292 CONGRESSIONAL RECORD — SENATE December 15, 2010 Today, I would like to pay tribute to active in helping the committee carry of a family who was very active in one such groundbreaking Senator, one out its oversight function, bringing his their community and the government. who will leave the Senate at the end of thoughtful approach to his role as BOB was therefore blessed with some this session. chairman of the our Subcommittee on great role models early on in his life. When the people of Arkansas elected Readiness and Management Support He soon found he had a talent for busi- BLANCHE LINCOLN to represent them in over the last 2 years. The committee, ness and a great understanding of the the Senate in 1998, she became the the Senate, and the American people needs of businesspeople all over the youngest woman ever elected to this have greatly benefitted from Senator State and around the Nation. Because body. After compiling an impressive BAYH’s efforts in these areas. of his insights and his ability to pro- list of accomplishments after joining Senator BAYH represents a State that mote his good ideas and products, he the Senate, she became, in 2009, the is part of America’s industrial heart- took his company from a 4-person shop first woman to chair the Committee on land, and he has energetically sought in 1984 to an $82 million company just Agriculture, Nutrition and Forestry. to ensure that we pursue policies that a few years later with more than 700 These accomplishments are just some do not damage the industrial economy. newly created staff. With today’s econ- of the highlights of an impressive ca- I would mention two such efforts in omy we can really appreciate that— reer of Senate service. particular. that is a lot of jobs. Senator LINCOLN has been among the In 2007, Senator BAYH, along with me From there he decided to take on the Senate’s most passionate and effective and other members of the Auto Caucus, challenge of a run for the Senate. As voices in combating hunger, helping worked to ensure that negotiations on we all know, that first run for the Sen- found the Senate Hunger Caucus to a free trade agreement with South ate is never easy as it takes more than focus attention on an issue that affects Korea addressed the unfair and unbal- the vote of a community to make it far too many Americans. And she has anced way in which automotive im- happen. You have to take your case to been a tireless advocate for the work- ports are treated in South Korea. Bar- every corner of the entire State. That ing families of America’s rural commu- riers to entry make the South Korean means putting a lot of miles on your nities. market essentially closed to U.S.-made car and getting to know people from I am especially grateful for the work vehicles, while Korean automakers every city, town, and neighborhood. Senator LINCOLN has done this year in have found an open lucrative market in It wasn’t an easy bid for office that helping craft comprehensive financial the United States. He, like I and many brought BOB to Washington. But, in the reform. She was instrumental in ensur- others, is deeply concerned about the end, he proved to have what it takes to be a successful candidate. He had a vi- ing that the bill we passed into law impact of any potential trade agree- sion for the future of Utah and the this year brought new transparency ment on the auto industry, and I have United States, a willingness to work and safety to the largely unregulated been privileged to stand with him on hard, and a sense of humor. He took his world of derivatives trading. I know this issue. job and the position he holds of Sen- from hard experience that passing re- Senator BAYH also has been a leader form that Wall Street doesn’t like is, in fighting against intellectual prop- ator very seriously, but he was never to say the least, challenging. The fi- erty theft by China and other nations. one to take himself too seriously. In nancial system is more secure, and the Manufacturers in both our States have fact, he sees his job principally in terms of what he can do to help the people of Arkansas and the Nation are been harmed by the ability of foreign people of Utah who elected him. better off, because Senator LINCOLN companies to copy their products and That is why, when he arrived in was willing to take on that challenge reproduce them in violation of inter- Washington, he immediately estab- and able to overcome it so effectively. national standards, and by the inabil- lished a reputation as one of the Sen- She will long be remembered as one of ity or unwillingness of other nations to ate’s most influential and sought after the architects of financial reform. combat such piracy. Along with Sen- conservatives. Like me, he learned at a Arkansas has given the Nation many ator VOINOVICH, Senator BAYH in 2007 very young age that it was better to be accomplished public leaders, names introduced the Intellectual Property a workhorse than a showhorse because such as Caraway, Fulbright, Bumpers, Rights Enforcement Act. This legisla- there is no limit to what you can do if Pryor and Clinton. As she prepares to tion would be an important safeguard you don’t care who gets the credit. BOB leave the Senate, Senator LINCOLN can protecting American companies from never cared about getting his share of proudly join that list of Arkansans who intellectual piracy. the credit; he was always too busy have improved the lives of those in Whether the issue was defense of working on the next issue and helping their State and this country. I have American companies’ rights or defense to form another compromise agree- been proud to call her a friend and a of our Nation, Senator EVAN BAYH has ment to make sure things continued to colleague, and I know that, while she is been a thoughtful, balanced and capa- get done. leaving the Senate, her contributions ble member of the U.S. Senate. The BOB has left quite a legacy of to her country are far from over. people of Indiana have gained much achievement during his service in the EVAN BAYH from his service. I will miss him as a Senate and a big pair of shoes for those Mr. President, I want to take a few colleague and a friend, and I wish him who will follow him to fill. The media moments today to congratulate Sen- and his family the best of luck as he knows him not for an assortment of ator BAYH on a productive two terms in seeks to continue to serve his State catchy one liners but for his ability to this body, and thank him for his serv- and Nation. provide easily understood, readily ac- ice, in particular as a member of the BOB BENNETT cessible explanations about what was Armed Services Committee and on Mr. ENZI. Mr. President, it is always going on in the Senate—and why. No issues of importance to both our a bittersweet moment when the end of one has a better, clearer understanding States. a session of Congress draws near and it of the inner workings of the Senate As chairman of the Armed Services becomes time for us to say goodbye to than BOB does. He has been such a val- Committee, I have seen first hand the those of our colleagues who will be re- ued resource, in fact, that many of us diligence Senator BAYH brought to his turning home at the end of the year. have sought him out more than a time work on national security. He has been We know we will miss them when the or two just to get his take on things. active on one of the greatest threats to next session of Congress begins not One of the things I will most remem- our security, the proliferation of nu- only for their many contributions to ber about BOB is his love of gadgets. He clear weapons and materials, seeking the day-to-day work of the Senate but was the first Senator to drive a high- to support and extend the work of his for their friendship and the good advice mileage, low-emissions, gasoline-elec- Indiana colleague, Senator LUGAR. He they have provided to us for so long as tric hybrid car. His interest stemmed has been equally effective in working, we deliberated issue after issue on the from his awareness of the importance on a bipartisan basis, to pass legisla- Senate floor. of conserving energy and the need to tion seeking to hold the government of I can’t think of anyone who better pursue solutions to our transportation Iran accountable for its egregious fits that description than BOB BEN- problems that would make good and human rights abuses. And he has been NETT. BOB was born in Utah, a member wise use of our resources.

VerDate Mar 15 2010 05:33 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.036 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10293 He was also a leader in encouraging be retiring at the end of this session is EVAN has planned for the future, but the Senate to tackle a very thorny such an individual. I will always re- one thing I feel certain of—we haven’t issue—Social Security. Social Security member him as the young Governor heard the last from him. Good luck in is a lot like the weather: we all com- who was able to serve in the Senate all your future endeavors and in what- plain about it, we all know something without losing sight of his ideals and ever you decide to do. Keep in touch. needs to be done about it, and we are principles both as a Hoosier and a par- GEORGE LEMIEUX all sure we will know the right solution ent and devoted and loving father. Mr. President, each year that brings when it appears magically on the Sen- EVAN’s career in politics began after a session of Congress to an end, it has ate doorstep. That wasn’t what we he had clerked for a judge and prac- long been a tradition for the Senate to should do, as BOB saw it. Then again, ticed law for a while. An opportunity take a moment to say goodbye to those he was never one to shy away from get- presented itself for him to run for of- who will not be returning in January ting the conversation started on just fice, and he did, winning an election for the beginning of the next session of about anything. that made him the secretary of state at Congress. One of those I know I will In addition, as fellow small business- the age of 30. In just 2 years he then be- miss who will be heading home to Flor- men, we both took a great interest in came the youngest Governor in the Na- ida as his term concludes is GEORGE proposals that were offered by both tion. He served in that capacity for 8 LEMIEUX. sides that would have caused problems years, during which he made a strong It may surprise a lot of people to for other small businessmen who were reputation for himself as someone who learn what a powerful presence GEORGE trying to do what they do best—make a was able to get things done. has been in the Senate. Although he profit and create more jobs. Thanks to Then, when term limits prohibited did not serve a full term of 6 years, the BOB, our small business community his run for reelection, he set his sights months he has spent representing Flor- had a champion in the Senate who was on a Senate seat and again found suc- ida have been very productive. willing to take a stand against efforts cess. He ran a good campaign, took his Simply put, GEORGE is an impressive to make owning and running your own case to the people, and they liked what individual who understands the impor- business more difficult than it already they heard. They also knew him and tance of the work we must do to con- is. what he stood for from his previous trol spending in the years to come and, Those are just a few short snippets of service to the State. They knew they if we fail to do that, the impact it will BOB’s record and the great success he could send him to Washington to the have on our Nation and our children as has been able to achieve for his con- Senate, and he would champion what they try to pursue their goals and live stituents and for our great Nation. they believed in and fight for what was the American dream. During his service in the Senate, BOB needed during his service there. GEORGE grew up in Florida and, like was not only a part of our Nation’s his- During his Senate career, you could me, he came to Washington, D.C., for tory, he helped to write a new chapter always find him in the political center his college studies. I graduated from of it every day. looking for a compromise agreement George Washington University, and Before I close, I want to thank BOB that would benefit everyone involved. I GEORGE graduated from Georgetown for the great gift of his friendship. It have always thought he would agree University. When he returned home to has meant a great deal to me ever since that it is better to get a half of the loaf begin his career, his attendance at a that first day that Diana and I drove than none at all, especially when the high school reunion proved to be a our van into Washington from Wyo- available half was the part that was turning point in his life when he met a ming, unsure of what the future held needed the most. former classmate named Meike who for us but excited to begin this great We also agree on something else. soon became his wife. new adventure in our lives. BOB made a When a Democratic win at the polls Years later, when an individual of difference for us from the first time we helped them to obtain control of the GEORGE’s talents and abilities was met him and Joyce, and we will always Senate, BAYH joined a breakfast group needed to complete the Senate term of be grateful for that. We are very proud of Senators that was designed to get Mel Martinez, the Governor knew who of them both and the difference they Republicans and Democrats more in- would be the right person for the job— have made over the years in our lives volved in a regular dialogue. He under- GEORGE LEMIEUX. Soon, GEORGE was on and so many more. Thanks to their ef- stood that by getting both groups to his way back to Washington, looking forts together, the future will be a lot talk more and to get to know each forward to the opportunity to use his better and a more hopeful place for our other better in a context that was sep- knowledge, skills, abilities, and profes- children and our grandchildren. arate from our legislative duties, the sional experience to serve the people of I don’t know what you have planned Senate would be more productive and his home State. for the years to come, but one thing I it would be easier to create and pro- There were some eyebrows raised am certain of—we haven’t heard the mote compromises between the two when he arrived. Some people thought last from you. That is a good thing. parties. he wasn’t the best candidate for the You have proven to be a great success Now that EVAN’s Senate career has job. Others thought he didn’t have the at so many things. You have always come to a close, he will be able to do background necessary to be a produc- been an important addition to our de- something he has always looked for- tive Senator. It didn’t take him long bates and deliberations, and you will be ward to—spend more time with his before he proved them all wrong. missed. It is good to know you will family. GEORGE not only hit the ground run- never be more than a phone call away. In the end, I think that is one of the ning, but he proved to be a natural and Good luck in all your future endeav- things that EVAN will always be known effective legislator. I don’t think I ors, my friend. Keep in touch with us, for—his great love of his own family have ever seen anyone who has had and we will keep in touch with you. and his understanding of the great love such an impact on the Senate after God bless. all of his constituents have for theirs. such a short time in office. EVAN BAYH He believes everyone deserves their Over the past months, GEORGE has Mr. President, soon the current ses- shot at the American dream, no matter not only fulfilled his duties as a Sen- sion of Congress will be gaveled to a their age, and the best way to do that ator, he has taken them to another close. When that happens, it will also is to be careful and cautious in our ap- level as he came up with good ideas for bring to a close the Senate careers of proach to any sweeping legislation and legislation, especially on the need to several of our colleagues. I know we to ensure that we do everything we can control spending and reduce the deficit will miss them and their spirited par- so our children and grandchildren will which he has referred to as the ‘‘single ticipation in our deliberations both in have the same chance we have had to greatest threat’’ to our future and the committee and on the floor. reach their goals and live their dreams. prosperity of our people. I have always said that every Mem- Diana joins me in sending our best That is the kind of Senator that ber who comes to the Senate has some- wishes for a happy and healthy retire- GEORGE has been—strong, spirited, fo- thing to teach us—a message that only ment to EVAN and his wife Susan. We cused, and determined to speak out they could bring. EVAN BAYH, who will wish them the best. I don’t know what about the consequences that will come

VerDate Mar 15 2010 04:12 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.038 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10294 CONGRESSIONAL RECORD — SENATE December 15, 2010 from not being good stewards of our the deficit, Ted’s understanding and past months he has been serving the Nation’s financial resources. His con- appreciation of the sciences have given people of that State as their Senator. cern about our debt and the world we him some valuable insights into the Through the years, Roland has had a will leave behind for our children and importance of moving science and wide and varied career. He has been a grandchildren means even more to him technology careers ‘‘back in their lawyer, a lobbyist, a college instructor, today now that his Washington experi- rightful place in our economy.’’ the director of a civil rights nonprofit, ence includes the addition of a fourth As the ranking member of the Com- a bank executive, and so much more. child—his first daughter. mittee on Health, Education, Labor, He has a great understanding of how I don’t know what the future holds and Pensions, I share his concern about government works from many different for you, GEORGE, but I do know that we the need to encourage our young people perspectives, and that knowledge has will all be watching with great interest to take a closer look at those fields and helped him to make an important con- and expectation. You have already es- consider a career in one of them. Un- tribution to the work of the Senate tablished a reputation for hard work less they do, we will continue to fall every day. that has earned you the friendship of further and further behind in the num- One aspect of his character I will al- your colleagues on both sides of the ber of science students we graduate. ways remember is his great love of God aisle. Whatever you decide to do, I am That will have an impact on our place and his willingness to share so much of sure you know you can count on us to in the world economy and our ability himself and his faith in our Senate support and encourage you as you to attract the kind of jobs that will en- Prayer Breakfasts. He has always had begin the next great adventure of your able our workers to find jobs that are something important to say, a word or life. I am hoping it will be as the elect- both challenging and rewarding. an insight that had not been mentioned ed Senator from Florida. You can cer- Although I do not know what the fu- until he spoke and added something tainly run on experience. You have ture holds for Ted as he leaves the Sen- that needed to be said by him—and done more in months than some do in ate, I do know that he has taught in heard by us. a career. the past about government and the I am always amazed to discover that Diana joins in sending our best wish- process of governing. His experience as no matter how many times I have read es to you and Meike. You have made a a Senator would add a vital dimension or reflected on a passage in the Bible, difference in just a few months, and we to another round of those classes. I there is always someone who is able to are sure there is more to come. Keep in hope he considers sharing what he has offer a fresh insight, a new approach to touch when you return home. We will learned with the next generation of our the text that I had never heard or con- always be pleased to hear from you leaders—and help to groom our future sidered before. That is what made Ro- with your thoughts and suggestions Senators. It will be yet another way for land such an important part of our about the legislation being considered him to make a difference in the world. Senate Prayer Breakfasts. On many oc- by the Senate and what we can do to Good luck, Ted. Thanks for your will- casions he was able to offer a personal make it better. ingness to serve. You can be very proud perspective on the Bible that was TED KAUFMAN of the contribution you have made to gained from his unique life experience. Mr. President, soon the gavel will the Senate and to the history of our His heartfelt dedication to the words of bring to a close this session of Con- country. Every day another chapter of the Bible meant a great deal to me and gress, and many of us will return home our history is written in our Nation’s to all those in attendance. Through to be with our families for the holi- Capitol and, as one of only 100 Sen- these past 2 years, I have enjoyed lis- days. Before we leave, it is one of the ators, you have played a key role in tening to him speak about his faith and Senate’s traditions to say a few words that effort that has now been recorded the source of strength and support it to express our appreciation to those and will not be forgotten. has been for him throughout his life. who will no longer be serving in the Our thanks also go to your wife Now Roland will be returning home Senate when we reconvene for the next Lynne, who has been a part of this and to Illinois in search of another moun- session of Congress in January. One all your life’s adventures. As we both tain to climb, another adventure to Senator I know I will miss in the know so well, serving in the Senate enjoy. I have no idea what the future months to come is Ted Kaufman. means a lot of late nights, trips back holds for him, but if his past is any in- Ted isn’t one of those who followed home with little notice, and a lot of dication, we haven’t heard the last the typical road to the Senate. He other things we have to deal with be- from him. He has always been a trail- came to be a part of our work after cause they come with the job. Fortu- blazer in a number of fields, and I am first making career stops as a college nately our wives never complain be- certain he will continue to be all of instructor, a political consultant, and cause we could never do what we have that—and much, much more. a chief of staff for JOE BIDEN, whose to do without them. While I am thank- Diana and I send our best wishes to seat he was appointed to fill when Sen- ing you for your service, I think Lynne Roland, his wife Berlean, and their ator BIDEN became our Nation’s Vice also deserves a word of recognition for children. Thank you for your willing- President. all she has done over the years to sup- ness to serve. Life in the Senate has Each stop along the way provided port your efforts. Together, you are a never been easy, and you have handled Ted with a different perspective about remarkable team, and that is why its pressures very well. God bless. government and its effect on the people Delaware is so proud to claim both of JIM BUNNING it was created to serve. The different you as their own. Mr. President, it is always a bitter- roles he has played and his knowledge ROLAND BURRIS sweet moment when we come to the of and experience with the workings of Mr. President, soon the gavel will end of a session of Congress. As the the Senate made him a good choice to bring to a close this session of Con- clock winds down on the final hours of serve the remainder of JOE BIDEN’s gress, and many of us will return home our legislative activities, it also sig- Senate term. When the Governor made to be with our families for the holi- nals the time when several of our col- the appointment, she cited Ted’s days. Before we leave, it is one of the leagues will be retiring and ending knowledge of the Senate which he Senate’s traditions to say goodbye to their years of service in the U.S. Sen- gained during his many years of service those who will not be with us when we ate. One of our colleagues who will be here that she believed would enable reconvene for the next session of Con- leaving at the end of this session is my him to hit the ground running and be gress in January. One Senator I know I good friend JIM BUNNING of Kentucky. I an ‘‘effective Senator for Delaware will miss in the months to come is Ro- know we will all miss him, his spirited from day one.’’ She was right on both land Burris. presence in the Senate and the friend- counts. Roland is quite a remarkable indi- ship he has shared with us through the Ted is one of only two Senators who vidual—a man of many firsts who has years. holds a degree in engineering. Just as I never been one to shy away from any Someday when he gets the urge I have found being the Senate’s only ac- challenge. He was the first African have no doubt that JIM will be able to countant has helped me during our de- American to win a statewide election write another book or two about his bates on the budget and how to handle in Illinois, for example, and for the life that will sell countless copies all

VerDate Mar 15 2010 05:33 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.040 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10295 over the country. It can’t miss. JIM has Policy Subcommittee, and then served and grand adventure—just what life a truly remarkable story to tell about on the Energy Committee which gave was always meant to be. his life that has all the makings of a him a chance to work to make our Na- SAM BROWNBACK best seller. An old adage reminds us tion more energy independent. Mr. President, if I could sum up the that it isn’t the number of years in At every post he has held he has been service of SAM BROWNBACK in the Sen- your life that is important, it is the a fighter—for a sound budget, one that ate in just a few words, I would choose life in your years. If that is the stand- would provide the funds that were a phrase that is very familiar to the ard we are going to use, I can’t think of needed for our national priorities, like people of Wyoming and the West. SAM anyone who has been able to fit more our Armed Forces—especially those is an individual who says what he into every day of his life than JIM and who were serving overseas. For 12 years means and means what he says. That is I for one would enjoy reading all about in the House and 12 years in the Sen- why when he made a promise that he it. This time JIM might think about ate, JIM held true to the values and would step down after he had served 2 writing about how playing baseball was principles that had guided his life and full terms in the Senate—he did it. a lot like politics—and how the bean served as his inner compass through all Fortunately, as the classic old film balls he used to throw at batters be- of his life’s challenges and opportuni- reminds us, whenever a door is closed, came verbal fast balls that came with ties. somewhere, God opens a window and lightning speed right at other Senators JIM has had more great moments in that window was SAM’S opportunity to and members of the media. his life than most other people could run for Governor. Now that he has been I would imagine the first volume of ever hope for. He has his victories on elected, the Senate’s loss will be Kan- this new series would be about JIM’s the mound during a Hall of Fame ca- sas’ gain as the people of that State years in baseball. There is definitely a reer to look back on. He had all those will have the benefit of his leadership lot still to be written about his Hall of wins on election day to remember with for many years to come. Fame career and the outstanding re- pride. Still, there was one moment that Here in the Senate, SAM followed a sults he was able to achieve that kept still stands head and shoulders above philosophy he calls ‘‘pro-life, whole him in the Major Leagues for so many them all—his marriage. That day when life.’’ Simply put that means that the years. Mary said ‘‘I do’’ was the best moment great respect we have for life doesn’t JIM’s 17 year career in baseball began of his life. She is a strong source of end at birth, it continues throughout. when he broke into the big leagues on support for him and I am sure he has If it sounds familiar I believe that is July 20, 1955 with his first team, the already said that whatever success has what our Founding Fathers meant Detroit Tigers. In the years that fol- come into his life he owes to a large de- when they spoke of ‘‘life, liberty and lowed, he pitched for the Philadelphia gree to Mary. Theirs has been a re- the pursuit of happiness’’ as the great Phillies, the Pittsburgh Pirates and markable marriage, during which they gifts that are given to us by our Cre- the Los Angeles Dodgers, notching 100 raised nine children who have blessed ator that can never be taken away wins and 1,000 strikeouts in both the them with an abundance of grand- from us. American and National Leagues. When children and some great grandchildren, Throughout the years, SAM has fol- he retired he had the second highest too. lowed that philosophy wherever it has number of career strikeouts in the his- Just like the title of the movie so taken him as he has worked to support tory of major league baseball and two many of us enjoy during this time of legislative initiatives that seemed to no-hitters, one of them the seventh year JIM is having a wonderful life. clearly follow from it. That is why you perfect game in baseball history that Each day, each week, each month and would find him working with members he pitched on June 21, 1964—Father’s every year, he’s played a full and ac- on both sides of the aisle to reach out Day—which made the game that much tive role in his community and his na- to ‘‘everybody on the planet’’ who was more meaningful for him. He was then tion. As a baseball player he proved to in need ‘‘everywhere on the planet’’ inducted into the Baseball Hall of be one of the best there ever was. As a they could be found. Fame in 1996. Senator and a Representative, he Looking back, there is so much that For anyone else that would have been showed a willingness to bring that SAM has accomplished that should enough. A Hall of Fame career, after same determination that had won him serve as a great source of pride for him, all, is the kind of thing that most peo- so many games on the mound to our his staff and the people of Kansas. He ple can only dream about—but JIM was deliberations on the Senate floor. has taken a consistent stand for human never one to be like most people. He I don’t know what JIM is thinking of rights whenever he was called to do so had another career in mind, and it was taking on next—but given his legacy of and this is another reason why his is a time to get started on his other excellence that he continues to add to voice that will be missed in the Senate dream—making government work bet- every day, I wouldn’t be surprised to in the months to come. ter for the people of Kentucky. learn we haven’t heard the last from Through the years, I have never met Soon after he first tossed his cap into him. That would suit me and so many anyone who had a stronger or more the political arena, JIM won an election who know him just fine. His is a voice firmly aligned inner compass when it to serve on the city council in Fort that is still needed. comes to doing what is right because it Thomas. He then ran for and won a That is why, in the months to come is right than SAM. In everything he seat in the Kentucky State Senate I hope I continue to hear from him does, his faith and his relationship where he soon came to serve as its Re- with his thoughtful ideas and sugges- with God have served to direct his ef- publican leader. Then, when the oppor- tions about the issues we will be taking forts. That heartfelt approach of his tunity presented itself, JIM ran for and up in the current Congress. I will miss has helped to keep his work in perfect won an election to the U.S. House of hearing what he has to say—but if I alignment with his core values and the Representatives, where he served for 12 know JIM—I have a hunch he will make thinking of the people of Kansas who years. his views known. sent him to Washington to do what he Fortunately, for the people of Ken- Thanks, JIM, for your willingness to thought was best to protect and pre- tucky and the Senate, JIM then ran for serve the people of Kentucky and the serve the American dream and keep it and won a seat in the Senate. At every Nation. With both careers you have in- available for generations to come. level, it was JIM’s willingness to work spired countless people of all ages to SAM is someone we will always re- hard and his commitment to his coun- pursue their goals and work to make member for the things he did and how try and his beloved Kentucky that not their dreams a reality. Thanks most of well he did them. He is a natural leader only got him noticed, but helped him all for your friendship. Diana and I who leads with actions—not words be- to make progress on all fronts. wish you and Mary all the best that cause he knows that is the only way to Here in the Senate, JIM became the life has to offer. You have earned all of get the important things done—and first Kentuckian in nearly 40 years to that and so much more. For all your done quickly. serve on the Finance Committee. He life you have been leading the best That philosophy showed itself in also served on the Banking Committee, way—by example—and living a life things like SAM’S work to address the chaired that committee’s Economic that has been nothing short of a great needs of the people of Africa. He did

VerDate Mar 15 2010 05:33 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.043 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10296 CONGRESSIONAL RECORD — SENATE December 15, 2010 not have to do it—but because he did, sion’s investigation of the cir- also one of the most productive. He has countless lives were saved. If you asked cumstances surrounding the death of left a remarkable legacy and shoes that him why he was working so hard to President John F. Kennedy. It was a will be very difficult for any future make a difference in a nation so far difficult and challenging job, but Pennsylvania Senator to fill. Together from home, he would probably say that ARLEN proved to be well up to the task. with his wife Joan they have been a is just another example of his philos- After studying and surveying the evi- team that has made a difference ophy that the whole world is his back- dence surrounding the President’s mur- throughout their home state of Penn- yard and everyone, everywhere is his der, ARLEN developed the ‘‘single bullet sylvania and the Nation. neighbor. theory’’ that proved to be the key to Thanks, ARLEN, for your willingness I am certain that SAM is very famil- the case that helped to explain what to serve the people of your home State iar with the Parable from the Bible in happened that day. for so long and so well. Diana joins in which the Master expresses his appre- In the years soon after, ARLEN’S un- sending our best wishes and our appre- ciation for the good work of his serv- derstanding of the law and all the tech- ciation for your friendship to you both. ant. ‘‘Well done, my good and faithful nicalities and the countless details I hope you will keep in touch with me servant. Since you were faithful in that surround it made him an ideal and with all your colleagues in the small matters, I will give you great re- candidate for the position of district years to come. Good luck. God bless. sponsibilities.’’ attorney. In 1965 he ran for the position BLANCHE LINCOLN I mention that because SAM has done in Philadelphia and served there for 8 Mr. President, the final gavel will so very well in the Senate, it is as if years. soon bring to a close the 111th Session the people of Kansas have now placed I have always believed that every life of Congress. When it does, we will all him in charge of great responsibilities is a mixture of both success and dis- return home to spend time with our as their Governor. I have no doubt that appointment. How we handle them friends and families to celebrate the he is the right person at the right time both defines to a great extent the qual- holidays. We will also have a chance to for this difficult job the people of his ity of our lives. meet with our constituents as we pre- State have now entrusted to his care. That is why ARLEN’S unsuccessful re- pare for the challenges the New Year SAM has often told the story about a election bid and a few disappointments and a new session of Congress will comment that was made to him by an after that may have slowed him down— bring. older gentleman as he traveled but it didn’t stop him. It was just a few Before all of that occurs, we will throughout the State, listening to vot- years later that ARLEN would run a have to say goodbye to several of our ers at the end of his campaign for Gov- successful campaign for the Senate. It colleagues who will be returning home ernor. The message he heard from this was here that ARLEN really found his at the end of the year. We will miss one voter was simple but it spoke vol- niche as he was soon in the middle of a them and the important presence they umes. ‘‘Be a good governor,’’ was all he number of high profile battles in the have been in our lives and our work said. It’s good advice but easier ex- Judiciary Committee that won him the over the past few years. One such Sen- pressed than done. Still, I have no notice of his colleagues for his in-depth ator I know we will miss is BLANCHE LINCOLN who will be returning home to doubt in the years to come SAM will be knowledge of Senate procedure, the law all of that and so much more. and our Constitution. her beloved Arkansas. During her service in the House and Diana joins in sending our best wish- ARLEN’S reputation as a warrior has the Senate, BLANCHE was known for es to SAM and his special wife Mary. stayed with him over the years as he being one of the strongest voices for Together they make up a remarkable has faced a number of challenges in rural America. She understands that team and they can and should be very committee and on the floor—as well as what works well in the big cities and proud of all they have accomplished to- a number of very difficult health issues towns back East doesn’t always work gether. in his life. He fought them all with the so well in rural areas—like those in her Thank you for your willingness to same strength and heartfelt determina- State and mine. serve and most of all, thanks for your tion that would make any fighter from BLANCHE came by her knowledge and friendship. Although you won’t be with Philadelphia proud. understanding of the difficulties and us in the Senate Chamber next year, Although ARLEN credits his success- challenges inherent in rural life from you will be just down the road in the ful return to health to his enjoyment the days of her childhood. She comes Governor’s office in Kansas. I hope you of squash, a difficult sport that he says from a family that for seven genera- continue to let your thoughts and sug- kept him strong and healthy enough to tions has farmed rice, wheat, soybeans gestions be known as we take up those make it through each health crisis he and cotton. She may be the only Sen- issues that were such a source of great faced, I credit his good health to his ator who has walked a rice levee. interest—and action—during your serv- strong Philadelphia roots. BLANCHE is a woman of great faith, ice here. Good luck in the months to As ARLEN wrote in his book ‘‘Never and she is very open about her personal come as you take on this new and very Give In,’’ the key to so much of life is relationship with Jesus Christ. ‘‘When difficult challenge in your life. God to ‘‘keep working and keep fighting.’’ I talk to Him,’’ she said, ‘‘it’s pretty bless. That is the only way to ensure you will informal. I just lay it out there and say ARLEN SPECTER continue to make progress—or at it like it is.’’ That is the kind of Mr. President, soon the current ses- least—make your presence felt in the straight talk that the people she rep- sion of Congress will be gaveled to a war you are waging. That is how ARLEN resents found so appealing. Simply put, close. When that happens it will also has lived his life as he has pursued each what life is like on a daily basis for bring to an end the Senate careers of goal he set his sights on. In the end, as them has been the same for her. several of our colleagues. I know we he wrote in his book ‘‘The tougher the Although she takes great pride in her will miss them and the contributions battle, the sweeter the victory.’’ title as Senator, she has another that they have made over the years to the ARLEN has now served five terms for means just as much if not more to debates and deliberations they have a total of 30 years in the Senate. He her—she’s the mother of twin boys. She participated in on the Senate floor and has survived countless battles at the works hard at both jobs—raising her in committee. ballot box and a wealth of health issues family and making sure she is prepared In the years to come I know I will that would have convinced a lesser in- for every issue that comes to the floor. miss ARLEN SPECTER. He has been such dividual that the time had come to Because she was raised on a farm she a strong and active presence in the take it easy for a while. Not ARLEN, has a great interest in what can be Senate for so many years and in so however. He has always been someone done to help support the farming com- many ways the coming session of Con- who fought with all his heart for the munity of Arkansas and the rest of the gress won’t be the same without him. things he believed in and as a result, he United States. That is what made her His long and varied history as a pub- has known the sweetness of victory such an important part of the effort to lic servant really began to take shape many, many times in his life. draft a major farm policy overhaul. when he was asked to bring his skills ARLEN is not only the longest serving She was no stranger to the issue, hav- and abilities to the Warren Commis- Senator in Pennsylvania’s history he is ing served as a subcommittee chair on

VerDate Mar 15 2010 05:33 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.045 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10297 agriculture. She did such a good job with his nephew, Josh, to relaxing on a But the full Senate has yet to vote on Mr. with those issues she was honored for fishing trip, Daniel enjoyed spending Cole’s nomination to what is essentially the her efforts with a ‘‘Golden Plow’’ time with family and friends. post of chief operating officer of the mam- moth department. The five months between award from the American Farm Bureau He also felt a deep and abiding love committee and floor vote appear to be the Federation. for his country, enlisting in the Army longest delay endured by any deputy attor- Her support for farmers across the in June 2005. Daniel graduated from ney general nominee. country and her willingness to work in Army basic training in Fort Benning, The slow crawl comes courtesy of some a bipartisan fashion to forge workable GA, and joined the 10th Mountain Divi- Senate Republicans who question Mr. Cole’s solutions to difficult problems reflect sion out of Fort Drum, NY. He was ex- approach to terrorism cases and his role as the kind of principles that have helped cited to have the opportunity to pro- an independent monitor for struggling finan- cial giant American International Group to guide and direct her during her serv- tect his country and family and suc- (AIG). These concerns should not derail Mr. ice in the Senate and throughout her ceeded in doing so throughout his serv- Cole’s confirmation—and they certainly life. Another is the importance of fam- ice until he was honorably discharged should not be used to block a vote. ily—her own—and families just like in July 2008. The American people will Mr. Cole’s nomination has been pend- hers all over the country. forever be grateful to Daniel for his ing on the Senate’s Executive Calendar Those aren’t just my observations— willingness to serve. since it was reported favorably by the they are common knowledge back in Daniel was a true patriot whose serv- Judiciary Committee in July. Those Arkansas. When BLANCHE won a seat in ice to his country and family will en- continuing to block this nomination the House of Representatives everyone dure in our memories. No words can from debate and a vote are wrong. As was certain that the sky was the limit lessen the pain of losing this young the editorial observes: ‘‘There is no for her. After she had served for 2 hero and brave New Hampshire son. It suggestion that Mr. Cole suffers from terms; however, she decided not to run is now up to us to honor him by con- the kind of ethical or legal problems for another when she learned she would tinuing to improve the support we pro- that would disqualify a nominee.’’ If soon be giving birth to twins. She de- vide to our veterans and their families Senators disagree, they are free to vote cided to return home so she could take and ensuring America’s continued se- against the nomination. But it is long care of her family while she waited for curity. past the time to end the stalling. another opportunity to serve the peo- Daniel is survived by his parents, I noted 2 weeks ago that the letter ple of Arkansas to present itself— Harold ‘‘Duffy’’ E. Duefield III and from eight former Deputy Attorneys which is exactly what happened. Ruth E. Duefield of Grafton, NH; his General of the United States who As her twins began to grow up, she fiance´, Alicia Vasquezi of Grafton, NH; served in the administrations of Presi- was able to return to politics. She his grandfather, Harold E. Duefield, dent Reagan, President George H.W. made a run for Dale Bumpers’ seat Jr., and extended family. This young Bush, President Clinton, President when he retired and was elected by a patriot will be dearly missed. George W. Bush, as well as the current margin of 13 percent. Her victory made I ask my colleagues and all Ameri- administration, correctly observed her the youngest woman ever elected cans to join me in honoring the life of that ‘‘the Deputy is also a key member to the Senate, an expression of the Daniel Edward Duefield. of the president’s national security great confidence and trust the people f team, a function that has grown in im- of her State had in her. portance and complexity in the years For 12 years BLANCHE has worn the JUDICIAL NOMINATIONS since the terror attacks of September title of Senator with great pride not Mr. LEAHY. Mr. President, this 11.’’ They are right. This is a dangerous for her accomplishment, which was his- morning, both the New York Times and game that partisans are playing in toric, but for the opportunity it gave the Washington Post published strong stalling this important nomination in her to make the world a better place editorials condemning the delays in what is really an unprecedented way. for the people of Arkansas, the people Senate consideration of the President’s Mr. Cole’s nomination has been pend- of rural America, the citizens of our nominees. The Washington Post wrote ing five times longer than the longest- great Nation and, of course, for those about the extraordinary and damaging pending Deputy Attorney General nom- twins of hers. treatment of Jim Cole, who is nomi- ination in the last 20 years. All four of I do not know what BLANCHE has nated to serve as the No. 2 official at the Deputy Attorneys General who planned for the days to come but I the Justice Department, a position served under President Bush were con- think I can predict with safety and cer- with extensive responsibilities for na- firmed by the Senate by voice vote an tainty that we haven’t heard the last tional security and law enforcement. average of 21 days after they were re- from her—and that is a good thing. The New York Times wrote about the ported by the Judiciary Committee. In Keep in touch, BLANCHE. We will al- across-the-board objections to Senate fact, we confirmed President Bush’s ways be pleased to learn what you are consideration of judicial nominees, in- first nomination to be Deputy Attor- doing and your thoughts on the latest cluding dozens who have been reported ney General the day it was reported by issues before the Senate. Diana and I without opposition by all Republicans the committee. We treated those nomi- send our best wishes to you and all and Democrats on the Judiciary Com- nations of President Bush with the your family. God bless and keep all of mittee. ‘‘enormous deference in executive you. Two weeks ago, I came to the floor branch appointments’’ that the Post f and asked unanimous consent that the editorial today states that every Presi- dent deserves. HONORING OUR ARMED FORCES Senate consider the long-pending nom- ination of Jim Cole to be the Deputy Jim Cole served as a career pros- DANIEL EDWARD DUEFIELD Attorney General, and that the Senate ecutor at the Justice Department for a Mrs. SHAHEEN. Mr. President, it is schedule for debate and a vote without dozen years, and has a well-deserved with a heavy heart that I rise today to further delay. Senator SESSIONS ob- reputation for fairness, integrity and honor the life of a young veteran, Dan- jected to my request and we continue toughness. As he demonstrated during iel Edward Duefield, who died at the to be prevented from acting on this his confirmation hearing months ago, age of 24 on November 17 at his home in critical national security nomination. he understands the issues of crime and Grafton, NH. A veteran of the Iraq war, I will ask consent to have printed in national security that are at the center Daniel served his country on two tours the RECORD at the conclusion of my of the Deputy Attorney General’s job. of duty as a member of the 10th Moun- statement today’s editorial from the Nothing suggests that he will be any- tain Division in the U.S. Army. Washington Post entitled, ‘‘An Unac- thing other than a steadfast defender A native of New Hampshire, Daniel ceptable Delay.’’ The editorial notes: of America’s safety and security. His was born in Franklin on December 14, critics are wrong about Jim Cole’s ap- James M. Cole appeared well on his way in 1985. He attended Mascoma Valley Re- July to filling the important No. 2 slot at proach to terrorism. He has testified gional Schools and graduated from the Justice Department after earning a fa- strongly that the President should use Mascoma Valley Regional High School vorable vote from the Senate Judiciary Com- every power and weapon and tool he in June 2004. From playing video games mittee. possesses in this fight.

VerDate Mar 15 2010 05:33 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.047 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10298 CONGRESSIONAL RECORD — SENATE December 15, 2010 His critics are also wrong to try to an uncommonly high number of judi- These consensus nominees include six blame him for the actions of AIG. His cial vacancies is threatening the sound unanimously reported circuit court role was limited to a monitor of other functioning of the nation’s courts.’’ nominees, and another circuit court corporate functions and there is no The editorial is right. The vacancies on nominee supported by 17 of the 19 Sen- showing he did not perform his assign- the Federal courts around the country ators on the Judiciary Committee. The ment well. In fact, former Republican have doubled over the last 2 years and nomination of Judge Albert Diaz of Senator Jack Danforth introduced him now are at the historically high level North Carolina, a respected and experi- to the committee and gave him a of 111. Fifty-two of these vacancies are enced jurist who served in the Armed strong endorsement. Let us hold those deemed judicial emergency vacancies Forces, for a judicial emergency va- responsible at AIG accountable. Those by the nonpartisan Administrative Of- cancy on the Fourth Circuit has been who disagree are free to vote against fice of the U.S. Courts. The Senate has stalled for 11 months despite the sup- the nomination of this good man if received letters from courts around the port of his home state Senators from they choose, but they should end the country calling for help to address both parties. Judge Ray Lohier of New holds and the stalling and let the Sen- their crushing caseloads, including let- York would fill one of the four current ate decide whether to consent to this ters from the Chief Judges of the Ninth vacancies on the U.S. Court of Appeals nomination. As today’s editorial con- Circuit Court of Appeals and the U.S. for the Second Circuit. He is another cludes, ‘‘have the decency to hold a District Courts in California, Colorado, former prosecutor with support from floor vote and give him a thumbs Illinois and the District of Columbia. both sides of the aisle. His confirma- down.’’ I am confident that when al- They have pleaded with us to end the tion has been stalled for no good reason lowed a vote, he will be confirmed. He blockade and confirm judges to fill va- for more than seven months. Scott should be confirmed with bipartisan cancies in their courts. Matheson is a nominee from Utah sup- support and that vote should have been The Times editorial accurately por- ported by Senator HATCH; he was re- taken months ago. The months of trays a grim picture of where we are in ported without opposition over 6 delay of this nomination have been un- considering these nominations and also months ago. Mary Murguia, a nominee necessary, debilitating and wrong. points the way forward: from Arizona supported by Senator I urge those Senators who are object- At this point, the Senate has approved 41— KYL, was reported without opposition ing to debate and a vote to turn away barely half—of President Obama’s federal over 4 months ago. Judge Kathleen from their destructive approach so that and district court nominees reported by the O’Malley of Ohio is nominated to the we can consider and confirm Jim Cole Judiciary Committee. Compare that with the Federal Circuit and was reported with- immediately and he can finally begin first two years of the George W. Bush admin- out opposition nearly 3 months ago. istration when the Senate approved all 100 of Justice James Graves of Mississippi, his important work to help protect the the judicial nominations approved by the American people. committee. The final days of the lame-duck whose nomination has the strong sup- For over a year now, I have been urg- session are a chance to significantly improve port of his home State Republican Sen- ing all Senators, Democrats and Re- on this dismal record and to lift the judicial ators, was reported unanimously to publicans, to join together to take ac- confirmation process out of the partisan serve on the Fifth Circuit. Also pend- tion to end the crisis of skyrocketing muck. ing is a seventh consensus circuit court judicial vacancies now threatening the The editorial calls for a vote on all 38 nomination, Susan Carney of Con- ability of Federal courts throughout judicial nominations awaiting final ac- necticut, who was reported with strong the country to administer justice for tion by the Senate. I agree and have bipartisan support to fill another judi- the American people. That has not hap- been calling for votes on all of these cial emergency vacancy on the Second pened. I have asked that we return to nominations. We should do as we did Circuit. longstanding practices that the Senate during President Bush’s first 2 years in The nominees currently being used to follow when considering nomi- office and consider every judicial nomi- blocked from consideration also in- nations from Presidents of both par- nation favorably reported by the Sen- clude 30 district court nominations, ties. This has not happened. As a re- ate. During those two years the Judici- some reported as long ago as February. sult, 38 judicial nominations that have ary Committee favorably reported 100 The Republican blockade of these been favorably reported by the Judici- judicial nominations and the Senate nominations is a dramatic departure ary Committee continue to be stalled confirmed every one of them, including from the traditional practice of consid- without final Senate action on the Sen- controversial circuit court nomina- ering them expeditiously and with def- ate’s Executive Calendar. tions reported during the lameduck erence to the home State Senators. I will ask consent to have printed in session in 2002. In contrast, we have These 30 district court nominees in- the RECORD at the end of my statement during President Obama’s first 2 years clude 23 nominees reported unani- today’s editorial from The New York favorably reported 80 circuit and dis- mously by the Judiciary Committee. Times entitled ‘‘Advise and Obstruct.’’ trict court nominations, but considered Fifteen of these nominations are for It rightly calls for an end to the across- only 41, barely half. seats designated as judicial emer- the-board obstruction of President I have been trying to end this ob- gencies. All of these nominees have Obama’s judicial nominations. The edi- struction, yet it continues. Agreements well established qualifications and are torial notes that the Senate has been to debate and consider nominations at the top of the legal community in blocked from considering a single judi- have been sought repeatedly, but the their home states. All have put their cial nomination since September 13. In Republican leadership has objected lives and practices on hold in an at- fact, the Senate has only considered time and time again. tempt to serve their country and their five Federal circuit and district court Of the 38 judicial nominations cur- community. There is no cause for con- nominations since the Fourth of July rently stalled on the Executive Cal- tinuing to block the Senate from con- recess. Of the 80 judicial nominations endar, 29 of them were reported unani- sidering their nominations and no reported by the Judiciary Committee mously, without a single negative vote precedent for extending these delays and sent to the Senate for final action from the 19 Republican and Democratic further. in order to fill Federal circuit and dis- members of the committee. Another In addition, I have urged for many trict court vacancies, only 41 have been three were reported with strong bipar- months that the Senate debate and a considered. That is a historically low tisan support and only a small number vote on those few nominees that Re- number and percentage. Meanwhile, of no votes. Of these 32 bipartisan, con- publican Senators decided to oppose in dozens of judicial nominees with well- sensus nominees, 17 of them were nomi- committee. These nominees include established qualifications and the sup- nated to fill judicial emergency vacan- Benita Pearson of Ohio, William Mar- port of their home state Senators from cies. They should all have been con- tinez of Colorado, Louis Butler of Wis- both parties have been ready and kept firmed within days of being reported, consin, Edward Chen of California, waiting for Senate consideration all not obstructed with weeks and months John McConnell of Rhode Island, and year. of delay. It will be a travesty if they Goodwin Liu of California. As I have The editorial also points to the high are not all confirmed before the 111th said before, I have reviewed their costs of obstruction ‘‘at a time when Congress adjourns. records and considered their character,

VerDate Mar 15 2010 05:33 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.001 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10299 background and qualifications. I have vorable vote from the Senate Judiciary Com- laggard performance in this sphere is a con- heard the criticisms of the Republican mittee. tributing factor. Currently, there are 50 cir- Senators on the Judiciary Committee But the full Senate has yet to vote on Mr. cuit and district court vacancies for which as they have voted against this handful Cole’s nomination to what is essentially the Obama has made no nomination. But that post of chief operating officer of the mam- hardly explains away the Republicans’ pat- of nominees. I disagree, and believe the moth department. The five months between tern of delay over the past two years on ex- Senate would vote, as I have, to con- committee and floor vote appear to be the isting nominees, or the fact that Senate Re- firm them. Each of these nominees longest delay endured by any deputy attor- publicans have consented to a vote on only a have been reported favorably by the ney general nominee. single judicial nomination since Congress re- Judiciary Committee, several of them The slow crawl comes courtesy of some turned from its August recess. two or three times, and each deserves Senate Republicans who question Mr. Cole’s At this point, the Senate has approved 41— an up-or-down vote. That they will not approach to terrorism cases and his role as barely half—of President Obama’s federal an independent monitor for struggling finan- be conservative activist judges should and district court nominees reported by the cial giant American International Group Judiciary Committee. Compare that with the not disqualify them from consideration (AIG). These concerns should not derail Mr. first two years of the George W. Bush admin- by the Senate or serving on the bench. Cole’s confirmation—and they certainly istration when the Senate approved all 100 of All 38 of these judicial nominations should not be used to block a vote. the judicial nominations approved by the should have an up-or-down vote, just as Mr. Cole, who is in private practice and committee. The final days of the lame-duck all 100 of President Bush’s judicial spent some 13 years in the Justice Depart- session are a chance to significantly improve nominations reported by the com- ment, criticized the Bush administration in on this dismal record and to lift the judicial mittee in his first 2 years had a vote in a 2002 opinion piece in Legal Times for some confirmation process out of the partisan the Senate. Even if Republican Sen- of its post-Sept. 11, 2001, tactics, including muck. the use of ‘‘military tribunals to try nonciti- ators will not follow our example and Of the 38 well-qualified judicial nominees zens for terrorist crimes.’’ Sen. Jeff Sessions awaiting action by the full Senate, nearly all treat President Obama’s nominees as (R-Ala.), ranking member on the Senate Ju- cleared the Judiciary Committee either we treated President Bush’s, even if diciary Committee, condemned Mr. Cole for unanimously or with just one or two dis- they will not abide by the Golden Rule, labeling the attack a crime rather than an senting votes. Some nominees have been they should at least listen to their own act of war; he also questioned the wisdom of waiting for Senate action for nearly a year. statements from just a few years ago. embracing ‘‘a law enforcement approach.’’ Senator Mitch McConnell, the minority lead- They said that every judicial nomina- ‘‘You capture enemies. You arrest crimi- er, should allow confirmation of all 34 nomi- tion reported by the Senate Judiciary nals,’’ Mr. Sessions said during the confirma- nees considered noncontroversial, including tion hearings. Mr. Cole said he believes that Committee was entitled to an up-or- the 15 nominees cleared by the committee recently reconstituted military commissions since the November election. down vote. They spoke then about the are a legitimate option, but he rightly re- There are four other nominees who were constitutional duty of the Senate to fused to rule out federal court prosecutions approved by the committee over party-line consider every judicial nomination. for some suspects—an approach that mirrors Republican opposition. They, too, deserve a The Constitution has not changed; it that of the president and the attorney gen- prompt vote rather than requiring President has not been amended. The change eral. Obama to start the process over again by re- from the days in which they made Some Republicans also are troubled by Mr. nominating them when the next Congress be- those statements is that the American Cole’s work, starting in 2006, as a special gins. That short list of controversial nomi- monitor for AIG. Mr. Cole made several sug- people elected a new President and he nees includes Goodwin Liu, an exceptionally gestions about needed improvements in well-qualified law professor and legal scholar is making the nominations. In fact, AIG’s business practices, but he appears not who would be the only Asian-American serv- President Obama has reached out and to have addressed the risky and unregulated ing as an active judge on the United States worked with Senators from both sides credit default swaps that led to AIG’s col- Court of Appeals for the Ninth Circuit. His of the aisle. We have not sought to pro- lapse and subsequent government bailout be- potential to fill a future Supreme Court va- ceed on one of his judicial nominees cause they were not part of his portfolio. cancy seems to be the main thing fueling Re- without the support of both home The president deserves enormous deference publican opposition to his nomination. in executive branch appointments. There is Mr. McConnell is said to be negotiating a State Senators. no suggestion that Mr. Cole suffers from the Time is running out in this Congress deal with Senator Harry Reid, the majority kind of ethical or legal problems that would leader, that allows for confirmation of 19 to turn away from the disastrous strat- disqualify a nominee. If Republicans never- nominees approved by the committee before egy of blocking nominations across the theless find Mr. Cole unacceptable, they the election but denies consideration by the board. It is time to return to the Sen- should have the decency to hold a floor vote full Senate to the others. That would be a ate’s longstanding traditions and reject and give him a thumbs down. disservice to the judicial system, to Mr. this obstruction. The Federal courts Obama’s nominees and to the idea that bi- and the American people who depend [From the New York Times, Dec. 14, 2010] partisanship should exist, at last, in the ad- on the courts for justice are suffering. ADVISE AND OBSTRUCT vice-and-consent process for federal judges. Today, December 15, is the anniver- The Senate’s power to advise and consent sary of the ratification of the Bill of on federal judicial nominations was intended f as a check against sorely deficient presi- Rights, the first 10 amendments to the NATIONAL HOME CARE AND Constitution of the United States. Let dential choices. It is not a license to exercise partisan influence over these vital jobs by HOSPICE MONTH us renew our commitment to the Con- blocking confirmation of entire slates of Ms. COLLINS. Mr. President, Novem- stitution, to our Bill or Rights, and to well-qualified nominees offered by a presi- our liberty by turning away from the dent of the opposite party. ber is National Home Care and Hospice destructive partisanship that has de- Nevertheless, at a time when an uncom- Month, which gives us the opportunity layed Senate consideration of these monly high number of judicial vacancies is to honor the home health and hospice nominations. Let us act in the spirit of threatening the sound functioning of the na- caregivers and volunteers who make the Founders, in the spirit of the sea- tion’s courts, Senate Republicans are per- such a remarkable difference in the son, and move forward together to con- sisting in playing an obstructionist game. lives of their patients and their fami- (These, by the way, are the same Senate Re- sider and vote on these important lies. The highly skilled and compas- publicans who threatened to ban filibusters sionate care that home health and hos- nominations of a Deputy Attorney if they did not get an up-or-down vote on General and U.S. judges. every one of President George W. Bush’s pice agencies provide has helped to Mr. President, I ask unanimous con- nominees, including some highly problem- keep families together and enabled sent to have printed in the RECORD the atic ones.) millions of our most frail and vulner- articles to which I referred. Because of Republican delaying tactics, able individuals to avoid hospitals and There being no objection, the mate- qualified Obama nominees who have been re- nursing homes and stay just where rial was ordered to be printed in the ported out of the Judiciary Committee have they want to be in the comfort and se- been consigned to spend needless weeks and RECORD, as follows: curity of their own homes. months in limbo, waiting for a vote from the Home health and hospice have con- [From the Washington Post, Dec. 15, 2010] full Senate. AN UNACCEPTABLE DELAY Senate Republicans seek to pin blame for sistently proven to be compassionate James M. Cole appeared well on his way in the abysmal pace of filling judicial vacancies and cost-effective alternatives to insti- July to filling the important No. 2 slot at on President Obama’s slowness in making tutional care. In fact, a recent survey the Justice Department after earning a fa- nominations. And, no question, Mr. Obama’s conducted for the Maine chapter of

VerDate Mar 15 2010 05:33 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.001 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10300 CONGRESSIONAL RECORD — SENATE December 15, 2010 AARP found that 9 out of 10 Mainers She has been a great partner as we firmations, helping deliver a crucial would prefer to receive services at have worked to reduce the huge wealth message about preserving the integrity home as opposed to a nursing home or transfer from the United States to pur- of America’s courts—defending them other residential care facility. More- chase foreign oil, to reduce pollution, from the corruption of politics and over, by helping patients to avoid more to produce energy at the lowest pos- grounding them in the firm bedrock of costly hospitals and nursing homes, sible prices, such as nuclear power, and our Constitution. home health and hospice save Medi- to create jobs in America. It has been Given his myriad accomplishments care, Medicaid, and private insurers a good run. and his stellar service to this office, it millions of dollars each year. Mr. President, I express my deepest is no surprise that Stephen is highly Over the past several years, I have gratitude to Melissa for all of her ef- regarded by his colleagues in the Sen- had the opportunity to meet and visit forts and leadership, and I wish her ate. Allow me to share what others with a number of home health and hos- well as she moves on to a new chapter have said: pice patients and providers around my in her life. Don Stewart, communications direc- State. I have seen firsthand what a dif- f tor for Senate minority leader MITCH ference the highly skilled and compas- MCCONNELL, said, ‘‘Stephen has shown sionate care that these health profes- TRIBUTE TO STEPHEN BOYD the kind of calm leadership that was sionals provide makes to the lives of Mr. SESSIONS. Mr. President, I rise needed in one of the most active peri- their patients and families. That is today to say goodbye to one of the ods I’ve ever seen in my time here. He why I am such a committed and pas- most esteemed members of my staff. doesn’t yell and scream, he just gets it sionate advocate for home health and Stephen Boyd, an exceptional indi- done.’’ hospice care. I therefore urge all of my vidual with a deep devotion to the Josh Holmes, staff director for Sen- colleagues to join me in paying tribute State of Alabama, will be leaving my ate minority leader MITCH MCCON- to these wonderful health care profes- office to become chief of staff for a new NELL’s Republican Communications sionals and volunteers during the member of the Alabama delegation, month of November as we celebrate Na- Center, said, ‘‘Stephen is one of the Congressman-elect Martha Roby. rare commodities in Washington who tional Home Health and Hospice Stephen came to my office 7 years prefers achieving results over personal Month. ago right out of law school. I was im- accolades. He’s a consummate profes- f mediately impressed not only by his sional and effective advocate who has talent but by his tenacity. No matter TRIBUTE TO MELISSA SHUTE been an absolute pleasure to work how difficult the task given him he with.’’ Mr. SESSIONS. Mr. President, I rise would pursue it with vigor, and he Rick Dearborn, my chief of staff, today to bid farewell to a trusted mem- would not relent until he arrived at a said, ‘‘I am proud to have worked ber of my staff who will be departing solution. Stephen sees every obstacle the Senate. Melissa Shute has served alongside Stephen Boyd. I have always as a challenge to overcome. as my legislative counsel, handling In his first post as my legislative as- admired his attention to detail and the issues involving energy, natural re- sistant for energy issues, he worked on great clarity of his perspective. He has sources, and public lands. I have been efforts to establish the Coastal Impact a commonsense approach I’ve wit- fortunate to have a wonderful tradition Assistance Program. That program be- nessed him apply to all manner of com- of outstanding staffers to handle my came law through the Energy Policy plex problems to be solved, issues to be energy and environmental issues; how- Act of 2005. Stephen also played a sig- decided or given further thought. ever, the problem with good staff is nificant role in developing the Gulf of So much of what I believe has guided that they often get pulled away. him to excel has been his basic hon- Melissa is no exception. She came to Mexico Energy Security Act, which President George W. Bush signed into esty, his strong core integrity and a me in 2008 after serving as lead counsel sincere commitment to serve the peo- to one of our former Members whom I law in 2006. Early on, Stephen also recognized the ple of Alabama on behalf of Senator highly regard, Senator Pete Dominici, SESSIONS through his various roles in on the Senate Committee on Energy need to pursue alternative energy sources in order to diminish our de- our office. and Natural Resources. While on the Our loss in the Senate is Martha committee, Melissa was a key player pendence on foreign oil. Through his ef- forts he brought considerable attention Roby’s gain in the House and the sec- on legislation to increase domestic en- ond District of Alabama. He now as- ergy production in the United States. to switchgrass as a renewable energy resource, ultimately leading to sumes a key position within our staff Melissa has developed an expertise in delegation, as the Congresswoman’s energy and environmental issues and switchgrass’ potential being recognized in President Bush’s 2006 State of the new chief of staff. She could not have the importance they play in our econ- made a better choice.’’ omy. She is an enthusiastic warrior for Union Address. Matt Miner, staff director for the the principles we share. One of Stephen’s most valuable as- Melissa has provided critical counsel sets is his ability to anticipate prob- Senate Judiciary Committee, said, to me regarding major issues in nu- lems and to prepare for the unpredict- ‘‘Stephen Boyd has been a tremendous clear, coal, and renewable fuel research able. Stephen was the point person for asset to the Judiciary Committee dur- and development. She also took a lead- our office response when Hurricane ing Senator SESSIONS’ tenure as rank- ing role in helping Alabamians living Katrina hit in 2005. But before that dis- ing member. Through two Supreme on the gulf coast during the tragic oil astrous hurricane hit, Stephen had al- Court confirmations and numerous na- spill. Melissa and my energy team went ready implemented an office action tional security debates, Stephen’s calm above and beyond to take the steps plan to make sure we could quickly and thoughtful work as communica- necessary to help those impacted by and efficiently respond to an emer- tions director helped focus the national the environmental disaster receive the gency. debate and convey the Republican mes- support and information they need to In the last 4 years, Stephen has sage. He is one of the most talented begin the road of clean-up and recov- served first as my press secretary, fol- people with whom I have worked on ery. lowed by a swift promotion to commu- Capitol Hill, and I wish him all the best A graduate of the University of Tul- nications director. He played a key role in his next endeavor.’’ sa’s College of Law, Melissa has dem- in overseeing office communications Brian Benczkowski, former staff di- onstrated a sound legal mind in ana- during some of the most difficult and rector for the Senate Judiciary Com- lyzing legislative proposals that would challenging issues our country has mittee said, ‘‘It was a professional and impact current moratoria on off-shore faced in a long time—from wars in Af- personal pleasure to work with some- drilling. She understands that we need ghanistan and Iraq, to the recent eco- one as gifted and hard-working as Ste- to decrease our dependence on foreign nomic crisis, to the disastrous oilspill phen Boyd. Stephen has an uncanny oil and find new ways to tap the rich in the Gulf of Mexico. ability to analyze any given subject energy supplies our country has to Stephen also made an invaluable con- like a top-notch lawyer, while also ap- offer. tribution in two Supreme Court con- plying a good dose of Alabama common

VerDate Mar 15 2010 04:15 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.076 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10301 sense to the problem, and then commu- admiration of his colleagues, and has sure their concerns were addressed. nicating the result in clear and unmis- proven himself as a leader. His journey More importantly, Kevin spent months takable terms. These skills were an in- is only beginning, and I wish him all negotiating with OMB officials to over- valuable resource for the Senate Judi- the best in the months and years to come the administration’s initial oppo- ciary Committee during my tenure, come. sition. The work paid off when the leg- particularly during the Sotomayor and f islation passed both the House and the Kagan nominations. If there is a silver Senate by unanimous consent on the TRIBUTE TO KEVIN LANDY lining in his departure from Senator same day, November 15, 2002, and was SESSIONS’ staff, it is that he will con- Mr. LIEBERMAN. Mr. President, I subsequently signed into law the next tinue his public service for the people wish today to bid farewell and express month. of Alabama. His keen judgment and ex- my special thanks to Kevin Landy for Some of Kevin’s most significant cellent personal integrity will be an his 13 years of extraordinary service on work for our country was on legisla- asset to Congresswoman Roby, and I the Homeland Security and Govern- tion creating and reforming the insti- know he will be missed by his col- mental Affairs Committee. tutions charged with the defense of our leagues in the Senate.’’ Kevin, presently the committee’s homeland from the terrorist threat. Alan Hanson, chief of staff to Sen- chief counsel and my longest serving Soon after the tragic September 11 ator RICHARD SHELBY, said, ‘‘It is a committee staff member, is leaving the attacks, Senator MCCAIN and I called credit to Stephen’s abilities and work Senate this month. But I am happy to for an independent bipartisan commis- ethic that he has so rapidly advanced say he will continue his career in pub- sion to investigate the circumstances in his Capitol Hill career. Having lic service as the Director of the Immi- surrounding the terrorist attacks and worked with him for 31⁄2 years and gration and Customs Enforcement’s Of- to provide recommendations designed known him much longer, I can person- fice of Detention and Policy Planning, to guard against future acts of ter- ally attest that he is a singularly tal- an office responsible for formulating rorism. Kevin helped draft the legisla- ented and capable jack-of-all-trades. and implementing reforms at immigra- tion to establish the 9/11 Commission, Senator SESSIONS’ loss is truly Con- tion detention facilities. which I introduced with Senator gresswoman Roby’s gain, and I look As a Senator, I am privileged to work MCCAIN on December 20, 2001. forward to witnessing the great things with dedicated Senate staffers like At first we had no other cosponsors, STEPHEN will accomplish in his new Kevin Landy, who want to take their and faced the opposition of the admin- role in the House of Representatives.’’ talents, skills, and passions and put istration. But over the next year Kevin Sarah Haley, press secretary for Sen- them to work for the American people. worked closely with the families of the ator SESSIONS, said, ‘‘Stephen Boyd is a Thomas Jefferson once asked the victims of 9/11, who lobbied arduously man of scrupulous character, sound question: ‘‘What duty does a citizen for our legislation both in the Halls of ethics, and servant leadership. It has owe to the government that secures Congress and in the media, and the ad- been a privilege to work under him. the society in which he lives?’’ ministration finally reversed its posi- Stephen will be greatly missed by all of Answering his own question, Jeffer- tion the night before the Senate voted us.’’ son said: ‘‘A nation that rests on the to approve the Commission by a vote of Stephen Miller, press secretary for will of the people must also depend on 90 to 8. Contentious negotiations with the Senate Judiciary Committee, said, individuals to support its institutions White House officials followed, but on ‘‘Stephen Boyd is a brilliant communi- if it is to flourish. Persons qualified for November 27, 2002, the legislation es- cator, operating at a truly elite level. public service should feel an obligation tablishing a 9/11 Commission was en- And yet he is the furthest thing from to make that contribution.’’ acted. an elitist. Thoughtful, genuine, sin- Kevin has answered his Nation’s call Kevin’s effectiveness and his strong cere—these are the traits so familiar to and leaves the Senate with an exem- relations with 9/11 family members those who know him. I am proud to plary record of achievement on behalf stood him in good stead when I asked have had the chance to work with Ste- of the American people, on a wide him to lead an even greater challenge 2 phen Boyd. But I am prouder still to range of issues. In particular, I’d like years later: helping win enactment of call him a friend.’’ to highlight Kevin’s role as my lead legislation to implement the Commis- Ryan Patmintra, press secretary for staff member on four bills that I count sion’s ambitious and wide-ranging rec- Senator JON KYL, said, ‘‘Stephen’s among my most important legislative ommendations. background in both policy and commu- accomplishments. Following the release of the 9/11 Com- nications made him one of the top- In the 107th Congress, Kevin success- mission’s report on July 22, 2004, Kevin notch Senate communicators on either fully and simultaneously stewarded to led the combined efforts of the staffs of side of the aisle. His ability to go be- passage two very different pieces of four Senators to quickly draft legisla- yond talking points and walk reporters legislation. One of those bills estab- tion, S. 2774, that implemented all of through our arguments served us well. lished a new framework for the govern- the Commission’s recommendations, We were lucky to have him on our ment’s uses of the Internet and passed covering not only comprehensive re- team. His presence and expertise will after a great deal of careful consensus form of the intelligence community be sorely missed in the Senate.’’ building; the other bill established the and the creation of a National Counter- Cindy Hayden, who served with Ste- 9/11 Commission to independently in- terrorism Center but also information phen Boyd during her tenure as my vestigate the circumstances of the ter- sharing, terrorist travel, border secu- chief counsel, said, ‘‘Stephen displays rorist attacks and was enacted after a rity, and secure identification, among unwavering devotion to Senator SES- vigorous and often contentious cam- other topics. Because of the determined SIONS, to the people of Alabama, and to paign to surmount the administra- efforts of Kevin and his colleagues, I his principles. A talented lawyer and a tion’s resistance. was able to join with Senators MCCAIN, trusted colleague, Stephen possesses a First, Kevin drafted the E-Govern- BAYH, and SPECTER in introducing the likeability even his opponents find ment Act, which I introduced in May of legislation on September 7, just 6 hard to resist. I am confident his fu- 2001, and which called for greater cit- weeks after the Commission’s rec- ture colleagues will enjoy working izen access to government information, ommendations had been released. with him as much as I did.’’ services, and regulatory proceedings Kevin continued to play a leadership I will miss Stephen. He was always over the Internet; better management role as I worked with the committee thinking down the road, anticipating of information technology; and greater chairman and my close friend, Senator programs, and protecting me and the protections for privacy and security. SUSAN COLLINS, to draft legislation Senate from unwise actions. That kind When Kevin began work on this ini- that focused on the Commission’s in- of attention to detail and good judg- tiative he was trained as a lawyer and telligence reform recommendations, S. ment is rare and noteworthy. had no government IT background. Yet 2845. On the Senate floor, provisions of From the first day he joined my he worked meticulously with every rel- the two bills were merged as we faced staff, Stephen has been a tremendous evant group and constituency first to a blizzard of amendments and tough asset. He has earned the respect and become fully informed and then to en- votes, before we won an overwhelming

VerDate Mar 15 2010 05:33 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.004 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10302 CONGRESSIONAL RECORD — SENATE December 15, 2010 Senate victory. An arduous conference ADDITIONAL STATEMENTS the Senate by Mr. Pate, one of his sec- followed, as several House committee retaries. chairmen adamantly opposed the bill— f through it all Kevin fought to uphold TRIBUTE TO HAWAII EDUCATORS the principles laid down in our legisla- ∑ Mr. AKAKA. Mr. President, I wish to EXECUTIVE MESSAGES REFERRED tion. We prevailed, resulting in the his- congratulate two outstanding edu- As in executive session the Presiding toric enactment on December 17, 2004, cators from my state, John Officer laid before the Senate messages of the Intelligence Reform and Ter- Constantinou, from Kea‘au High from the President of the United rorism Prevention Act, IRTPA. School, and Yannabah Lewis, from States submitting sundry nominations We faced even more complex proce- Kealakehe High School, for receiving which were referred to the appropriate dural hurdles in 2007, when Senator the Presidential Award for Excellence committees. COLLINS and I led the efforts of mul- in Mathematics and Science Teaching. (The nominations received today are tiple Senate committees to assemble This award, administered by the Na- printed at the end of the Senate pro- and enact provisions that built on what tional Science Foundation on behalf of ceedings.) the White House Office of Science and we had accomplished with IRTPA, f mandating counterterrorism improve- Technology Policy, is the highest rec- ognition that a mathematics or science MESSAGE FROM THE HOUSE ments in areas such as terrorist travel, teacher may receive. Since the pro- communications interoperability, and At 10:18 a.m., a message from the gram’s inception in 1983, more than aviation and maritime security. By House of Representatives, delivered by 3,900 educators nationwide have been then the committee’s chief counsel, Mrs. Cole, one of its reading clerks, an- recognized for their contributions to Kevin had demonstrated his skills at nounced that the House has passed the mathematics and science education. As legislative maneuvering in a variety of following bill, without amendment: a former educator and principal, I circumstances. I called on him once S. 1405. An act to redesignate the Long- know firsthand about the countless again to help coordinate our team as fellow National Historic Site, Massachusetts, hours that go into creating curricula, we pushed through a difficult markup, as the ‘‘Longfellow House—Washington’s and it makes me proud to see out- Headquarters National Historic Site’’. a lively Senate debate, and a fiercely standing teachers receive recognition f contested conference, at which ap- for their hard work. proximately 15 Senate and House com- The dedication of John and EXECUTIVE AND OTHER mittees claimed jurisdiction and joined Yannabah to their field and to the chil- COMMUNICATIONS the fray. Our work resulted in ambi- dren of Hawaii is undeniable. I applaud tious legislation, known as the ‘‘Imple- The following communications were them both for receiving this out- laid before the Senate, together with menting Recommendations of the 9/11 standing recognition, and I wish them Commission Act of 2007,’’ enacted on accompanying papers, reports, and doc- the very best in their future endeav- uments, and were referred as indicated: August 3, 2007. ors.∑ I have described his biggest accom- EC–8492. A communication from the Direc- f tor, Employee Services, Office of Personnel plishments in the areas of national se- TRIBUTE TO CAROL TWEDT Management, transmitting, pursuant to law, curity and good government, but the report of a rule entitled ‘‘Prevailing Rate through his entire career Kevin has ∑ Mr. THUNE. Mr. President, today I Systems; Redefinition of the Chicago, IL; also shown a passion for the pursuit of wish to recognize Carol Twedt as she Fort Wayne-Marion, IN; Indianapolis, IN; justice, including justice for the power- celebrates retirement from more than Cleveland, OH; and Pittsburgh, PA, Appro- less. Upon graduating from Amherst 20 extraordinary years of public serv- priated Fund Federal Wage System Wage College, Kevin went to work defending ice. Her earnest dedication to and en- Areas’’ (RIN3206–AM21) received in the Office the rights of prisoners to humane con- thusiasm for service to her fellow citi- of the President of the Senate on December zens has set an example for all to fol- 14, 2010; to the Committee on Homeland Se- ditions in the Texas penal system. curity and Governmental Affairs. Then after graduating from Yale Law low. Carol’s career began when she joined EC–8493. A communication from the Direc- School, one of Kevin’s jobs took him to tor, Peace Corps, transmitting, pursuant to Cambodia, where he worked with that Jim Abdnor’s successful Senate cam- law, the Office of Inspector General’s Semi- nation’s judges and prosecutors in an paign against George McGovern in 1980. annual Report for the period of April 1, 2010 effort to help improve the rule of law Her passion was pushed to a new level through September 30, 2010; to the Com- as that nation struggled to emerge when Carol’s husband Curt passed away mittee on Homeland Security and Govern- from its brutal totalitarian past. at an early age in 1987. It was this mental Affairs. event which prompted her to undertake EC–8494. A communication from the Chair- On the committee, Kevin has worked the challenge of running for Minnehaha man of the National Endowment for the tirelessly to improve the treatment of county commissioner. The level of Arts, transmitting, pursuant to law, the asylum-seekers who often languish in Semi-Annual Report of the Inspector Gen- courage and perseverance she dem- county jails and other immigrant de- eral for the period from April 1, 2010 through onstrated through her first campaign tention facilities as they pursue their September 30, 2010 and the Chairman’s Semi- paid off with an overwhelming victory. claims. He drafted the first bill to ad- Annual Report on Final Action Resulting In her five subsequent terms as a coun- dress immigration detention reform, from Audit Reports, Inspection Reports, and ty commissioner, she has shown un- Evaluation Reports; to the Committee on the Secure and Safe Detention and ceasing dedication and compassion to Homeland Security and Governmental Af- Asylum Act, and in 2007 we won Senate serving her constituents. Because of fairs. passage of the bill as an amendment to this remarkable resolve, Carol has EC–8495. A communication from the Assist- ultimately unsuccessful immigration made praiseworthy accomplishments ant Secretary for Congressional and Legisla- tive Affairs, Department of Veterans Affairs, reform legislation. Although legisla- in combating homelessness, improving tive progress in this area has proven transmitting, pursuant to law, the Depart- juvenile services, and, above all, work- ment of Veterans Affairs Fiscal Year 2010 elusive, Kevin’s work helped to bring ing to improve the effectiveness and ef- greater attention to the need for re- Performance and Accountability Report; to ficiency of county operations. the Committee on Homeland Security and forms. He has now embraced the oppor- Carol’s service has benefitted the Governmental Affairs. tunity to support the detention reform people of Minnehaha County over her EC–8496. A communication from the De- initiatives being undertaken at the De- many years of service. I would like to partment of State, transmitting, pursuant to partment of Homeland Security. extend to her my heartfelt gratitude law, a report relative to the Arms Export I have benefited greatly from Kevin’s for her many years of outstanding serv- Control Act (OSS Control No. 2010–1961); to the Committee on the Judiciary. commitment to my goals and to the ice.∑ pursuit of excellence while achieving EC–8497. A communication from the Staff f Director, United States Commission on Civil them. I want to thank him again for MESSAGES FROM THE PRESIDENT Rights, transmitting, pursuant to law, the his hard work, his long hours, and self- report of the appointment of members to the less persistence in pursuit of worthy Messages from the President of the Alaska Advisory Committee; to the Com- legislation. United States were communicated to mittee on the Judiciary.

VerDate Mar 15 2010 04:15 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.050 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10303 EC–8498. A communication from the Staff EC–8508. A communication from the Senior By Mr. LIEBERMAN, from the Committee Director, United States Commission on Civil Program Analyst, Federal Aviation Adminis- on Homeland Security and Governmental Af- Rights, transmitting, pursuant to law, the tration, Department of Transportation, fairs, with an amendment in the nature of a report of the appointment of members to the transmitting, pursuant to law, the report of substitute: Wisconsin Advisory Committee; to the Com- a rule entitled ‘‘Airworthiness Directives; S. 3480. A bill to amend the Homeland Se- mittee on the Judiciary. Bell Helicopter Textron Canada Model 222, curity Act of 2002 and other laws to enhance EC–8499. A communication from the Staff 222B, 222U, 230, and 430 Helicopters’’ the security and resiliency of the cyber and Director, United States Commission on Civil ((RIN2120–AA64) (Docket No. FAA–2010–1137)) communications infrastructure of the United Rights, transmitting, pursuant to law, the received in the Office of the President of the States (Rept. No. 111–368). report of the appointment of members to the Senate on December 13, 2010; to the Com- By Mr. KERRY, from the Committee on Vermont Advisory Committee; to the Com- mittee on Commerce, Science, and Transpor- Foreign Relations, with an amendment in mittee on the Judiciary. tation. the nature of a substitute: EC–8500. A communication from the Staff EC–8509. A communication from the Senior S. 3297. A bill to update United States pol- Director, United States Commission on Civil Program Analyst, Federal Aviation Adminis- icy and authorities to help advance a gen- Rights, transmitting, pursuant to law, the tration, Department of Transportation, uine transition to democracy and to promote report of the appointment of members to the transmitting, pursuant to law, the report of recovery in Zimbabwe (Rept. No. 111–369). North Carolina Advisory Committee; to the a rule entitled ‘‘Airworthiness Directives; Committee on the Judiciary. Dassault-Aviation Model FALCON 7X Air- f EC–8501. A communication from the Staff planes’’ ((RIN2120–AA64) (Docket No. FAA– Director, United States Commission on Civil EXECUTIVE REPORT OF 2010–0760)) received in the Office of the Presi- COMMITTEE—TREATY Rights, transmitting, pursuant to law, the dent of the Senate on December 13, 2010; to report of the appointment of members to the the Committee on Commerce, Science, and The following executive report of Idaho Advisory Committee; to the Com- Transportation. committee was submitted on December mittee on the Judiciary. EC–8510. A communication from the Senior 15, 2010: EC–8502. A communication from the Direc- Program Analyst, Federal Aviation Adminis- By Mr. KERRY, from the Committee on tor of Regulation Policy and Management, tration, Department of Transportation, Foreign Relations: Veterans Health Administration, Depart- transmitting, pursuant to law, the report of ment of Veterans Affairs, transmitting, pur- a rule entitled ‘‘Airworthiness Directives; [Treaty Doc. 110–19 Treaty on Plant Genetic suant to law, the report of a rule entitled Robinson Helicopter Company (Robinson) Resources for Food and Agriculture with ‘‘Payments for Inpatient and Outpatient Model R22, R22 Alpha, R22 Beta, and R22 one understanding and one declaration (Ex. Health Care Professional Services at Non- Mariner Helicopters, and Model R44, and Rept. 111–7)] Departmental Facilities and Other Medical R44II Helicopters’’ ((RIN2120–AA64) (Docket The text of the committee-recommended Charges Associated with Non-VA Outpatient No. FAA–2010–0711)) received in the Office of resolution of advice and consent to ratifica- Care’’ (RIN2900–AN37) received in the Office the President of the Senate on December 13, tion is as follows: of the President of the Senate on December 2010; to the Committee on Commerce, Resolved (two-thirds of the Senators present 13, 2010; to the Committee on Veterans’ Af- Science, and Transportation. concurring therein), fairs. EC–8511. A communication from the Senior Section 1. Senate Advice and Consent Sub- EC–8503. A communication from the Senior Program Analyst, Federal Aviation Adminis- ject to an Understanding. Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, The Senate advises and consents to the tration, Department of Transportation, transmitting, pursuant to law, the report of ratification of the International Treaty on transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Plant Genetic Resources for Food and Agri- a rule entitled ‘‘Standard Instrument Ap- The Boeing Company Model 737–900ER Series culture, adopted by the Food and Agri- proach Procedures (85); Amdt. 3400’’ Airplanes’’ ((RIN2120–AA64) (Docket No. culture Organization of the United Nations (RIN2120–AA65) received in the Office of the FAA–2010–0764)) received in the Office of the on November 3, 2001, and signed by the President of the Senate on December 14, 2010; President of the Senate on December 13, 2010; United States of America on November 1, to the Committee on Commerce, Science, to the Committee on Commerce, Science, 2002 (Treaty Doc. 110–19), subject to the un- and Transportation. and Transportation. derstanding of section 2 and the declaration EC–8504. A communication from the Senior EC–8512. A communication from the Senior of section 3. Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- Section 2. Understanding. tration, Department of Transportation, tration, Department of Transportation, The advice and consent of the Senate transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of under section 1 is subject to the following a rule entitled ‘‘Standard Instrument Ap- a rule entitled ‘‘Airworthiness Directives; understanding, which shall be included in proach Procedures (12); Amdt. 3401’’ Agusta S.p.A. Model A109E Helicopters’’ the United States instrument of ratification: (RIN2120–AA65) received in the Office of the ((RIN2120–AA64) (Docket No. FAA–2010–0449)) The United States of America understands President of the Senate on December 14, 2010; received in the Office of the President of the that Article 12.3d shall not be construed in a to the Committee on Commerce, Science, Senate on December 13, 2010; to the Com- manner that diminishes the availability or and Transportation. mittee on Commerce, Science, and Transpor- exercise of intellectual property rights under EC–8505. A communication from the Senior tation. national laws. Program Analyst, Federal Aviation Adminis- EC–8513. A communication from the Senior Section 3. Declaration. tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- The advice and consent of the Senate transmitting, pursuant to law, the report of tration, Department of Transportation, under section 1 is subject to the following a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of declaration: proach Procedures (29); Amdt. 3403’’ a rule entitled ‘‘Airworthiness Directives; This treaty is not self-executing. (RIN2120–AA65) received in the Office of the Cessna Aircraft Company (Cessna) 172, 175, President of the Senate on December 13, 2010; 177, 180, 182, 185, 206, 207, 208, 210, 303, 336, and f to the Committee on Commerce, Science, 337 Series Airplanes’’ ((RIN2120–AA64) (Dock- EXECUTIVE REPORTS OF and Transportation. et No. FAA–2008–1328)) received in the Office EC–8506. A communication from the Senior of the President of the Senate on December COMMITTEES—NOMINATION Program Analyst, Federal Aviation Adminis- 13, 2010; to the Committee on Commerce, tration, Department of Transportation, The following executive reports of Science, and Transportation. transmitting, pursuant to law, the report of nominations were submitted: EC–8514. A communication from the Senior a rule entitled ‘‘Standard Instrument Ap- By Mrs. LINCOLN for the Committee on Program Analyst, Federal Aviation Adminis- proach Procedures (98); Amdt. 3402’’ Agriculture, Nutrition, and Forestry. tration, Department of Transportation, (RIN2120–AA65) received in the Office of the *Ramona Emilia Romero, of Pennsylvania, transmitting, pursuant to law, the report of President of the Senate on December 13, 2010; to be General Counsel of the Department of a rule entitled ‘‘Airworthiness Directives; to the Committee on Commerce, Science, Agriculture. Various Aircraft Equipped with Rotax Air- and Transportation. By Mr. BAUCUS for the Committee on Fi- craft Engines 912 A Series Engines’’ EC–8507. A communication from the Senior nance. ((RIN2120–AA64) (Docket No. FAA–2010–0522)) Program Analyst, Federal Aviation Adminis- *Carolyn W. Colvin, of Maryland, to be received in the Office of the President of the tration, Department of Transportation, Deputy Commissioner of Social Security for Senate on December 13, 2010; to the Com- transmitting, pursuant to law, the report of the term expiring January 19, 2013. mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives; tation. *Nomination was reported with rec- Pratt and Whitney Canada Corp. PW305A and ommendation that it be confirmed sub- PW305B Turboprop Engines’’ ((RIN2120–AA64) f ject to the nominee’s commitment to (Docket No. FAA–2010–0892)) received in the REPORTS OF COMMITTEES Office of the President of the Senate on De- respond to requests to appear and tes- cember 14, 2010; to the Committee on Com- The following reports of committees tify before any duly constituted com- merce, Science, and Transportation. were submitted: mittee of the Senate.

VerDate Mar 15 2010 04:15 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.052 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10304 CONGRESSIONAL RECORD — SENATE December 15, 2010 INTRODUCTION OF BILLS AND 3221, a bill to amend the Farm Security from Illinois (Mr. DURBIN) were added JOINT RESOLUTIONS and Rural Investment Act of 2002 to ex- as cosponsors of S. Con. Res. 71, a con- The following bills and joint resolu- tend the suspension of limitation on current resolution recognizing the tions were introduced, read the first the period for which certain borrowers United States national interest in help- and second times by unanimous con- are eligible for guaranteed assistance. ing to prevent and mitigate acts of sent, and referred as indicated: S. 3293 genocide and other mass atrocities ARKIN against civilians, and supporting and By Mr. DODD (for himself, Mr. LAUTEN- At the request of Mr. H , the BERG, Mr. CASEY, and Mr. MERKLEY): name of the Senator from Massachu- encouraging efforts to develop a whole S. 4027. A bill to provide for programs and setts (Mr. KERRY) was added as a co- of government approach to prevent and activities with respect to the prevention of sponsor of S. 3293, a bill to reauthorize mitigate such acts. underage drinking; to the Committee on the Special Olympics Sport and Em- S. RES. 485 Health, Education, Labor, and Pensions. powerment Act of 2004, to provide as- At the request of Mr. AKAKA, the By Mr. SCHUMER: sistance to Best Buddies to support the names of the Senator from Connecticut S. 4028. A bill to amend part B of title IV of the Social Security Act to authorize the expansion and development of men- (Mr. DODD), the Senator from Idaho Secretary of Health and Human Services to toring programs, and for other pur- (Mr. CRAPO), the Senator from South award grants to local and tribal governments poses. Dakota (Mr. JOHNSON), the Senator for hiring child protective services workers; S. 3320 from Tennessee (Mr. CORKER), the Sen- to the Committee on Finance. At the request of Mr. WHITEHOUSE, ator from New York (Mr. SCHUMER), By Mr. SCHUMER (for himself, Mr. the name of the Senator from Oregon the Senator from Mississippi (Mr. BROWN of Massachusetts, and Mrs. (Mr. MERKLEY) was added as a cospon- COCHRAN), the Senator from New Jer- SHAHEEN): S. 4029. A bill to protect children from reg- sor of S. 3320, a bill to amend the Pub- sey (Mr. MENENDEZ), the Senator from istered sex offenders, and for other purposes; lic Health Service Act to provide for a Mississippi (Mr. WICKER), the Senator to the Committee on the Judiciary. Pancreatic Cancer Initiative, and for from Wisconsin (Mr. KOHL), the Sen- By Mr. SANDERS: other purposes. ator from Oregon (Mr. MERKLEY), the S. 4030. A bill to amend the Food, Con- S. 3390 Senator from Hawaii (Mr. INOUYE), the servation, and Energy Act of 2008 to estab- At the request of Mr. FRANKEN, the Senator from Illinois (Mr. DURBIN), the lish a community-supported agriculture pro- name of the Senator from Rhode Island Senator from Montana (Mr. BAUCUS), motion program; to the Committee on Agri- the Senator from Washington (Mrs. culture, Nutrition, and Forestry. (Mr. REED) was added as a cosponsor of By Mr. BAYH (for himself and Mr. S. 3390, a bill to end the discrimination MURRAY), the Senator from Arkansas BOND): based on actual or perceived sexual ori- (Mrs. LINCOLN), the Senator from Alas- S. 4031. A bill to promote exploration for entation or gender identity in public ka (Mr. BEGICH), the Senator from New and development of rare earth elements in schools, and for other purposes. York (Mrs. GILLIBRAND), the Senator the United States, to reestablish a competi- S. 4020 from Wisconsin (Mr. FEINGOLD), the tive supply chain for rare earth materials in At the request of Mr. WICKER, the Senator from Michigan (Mr. LEVIN), the United States and countries that are al- the Senator from Delaware (Mr. CAR- lies of the United States, and for other pur- names of the Senator from Kentucky PER), the Senator from Maryland (Mr. poses; to the Committee on Energy and Nat- (Mr. BUNNING), the Senator from Flor- ural Resources. ida (Mr. LEMIEUX), the Senator from CARDIN), the Senator from Michigan By Mr. SPECTER: Ohio (Mr. VOINOVICH), the Senator from (Ms. STABENOW), and the Senator from S. 4032. A bill to amend the Controlled Sub- Oklahoma (Mr. INHOFE), the Senator North Carolina (Mrs. HAGAN) were stances Act to more effectively regulate ana- from Texas (Mrs. HUTCHISON), the Sen- added as cosponsors of S. Res. 485, a bolic steroids; to the Committee on the Judi- ator from Utah (Mr. HATCH), the Sen- resolution designating April 2010 as ciary. ator from Idaho (Mr. CRAPO), the Sen- ‘‘Financial Literacy Month’’. By Mr. SPECTER: S. RES. 570 S. 4033. A bill to provide for the restoration ator from North Carolina (Mr. BURR), of legal rights for claimants under holo- the Senator from Louisiana (Mr. At the request of Mr. CASEY, the caust-era insurance policies; to the Com- VITTER), the Senator from South Caro- name of the Senator from Missouri mittee on the Judiciary. lina (Mr. DEMINT), the Senator from (Mrs. MCCASKILL) was added as a co- f South Carolina (Mr. GRAHAM), the Sen- sponsor of S. Res. 570, a resolution call- ator from Idaho (Mr. RISCH), the Sen- ing for continued support for and an in- ADDITIONAL COSPONSORS ator from Mississippi (Mr. COCHRAN), creased effort by the Governments of S. 28 the Senator from Georgia (Mr. Pakistan, Afghanistan, and other Cen- At the request of Mr. SCHUMER, the CHAMBLISS), the Senator from Iowa tral Asian countries to effectively name of the Senator from Minnesota (Mr. GRASSLEY), the Senator from Ala- monitor and regulate the manufacture, (Mr. FRANKEN) was added as a cospon- bama (Mr. SESSIONS), the Senator from sale, transport, and use of ammonium sor of S. 28, a bill to ensure that the Nebraska (Mr. JOHANNS), the Senator nitrate fertilizer in order to prevent courts of the United States may pro- from Alabama (Mr. SHELBY), and the the transport of ammonium nitrate vide an impartial forum for claims Senator from Kansas (Mr. ROBERTS) into Afghanistan where the ammonium brought by United States citizens and were added as cosponsors of S. 4020, a nitrate is used in improvised explosive others against any railroad organized bill to protect 10th Amendment rights devices. as a separate legal entity, arising from by providing special standing for State AMENDMENT NO. 4768 the deportation of United States citi- government officials to challenge pro- At the request of Mr. BROWN of Ohio, zens and others to Nazi concentration posed regulations, and for other pur- the name of the Senator from South camps on trains owned or operated by poses. Carolina (Mr. GRAHAM) was added as a such railroad, and by the heirs and sur- S. CON. RES. 63 cosponsor of amendment No. 4768 in- vivors of such persons. At the request of Mr. JOHNSON, the tended to be proposed to H.R. 4853, a S. 853 name of the Senator from Utah (Mr. bill to amend the Internal Revenue At the request of Mr. COONS, his HATCH) was added as a cosponsor of S. Code of 1986 to extend the funding and name was added as a cosponsor of S. Con. Res. 63, a concurrent resolution expenditure authority of the Airport 853, a bill to designate additional seg- expressing the sense of Congress that and Airway Trust Fund, to amend title ments and tributaries of White Clay Taiwan should be accorded observer 49, United States Code, to extend au- Creek, in the States of Delaware and status in the International Civil Avia- thorizations for the airport improve- Pennsylvania, as a component of the tion Organization (ICAO). ment program, and for other purposes. National Wild and Scenic Rivers Sys- S. CON. RES. 71 AMENDMENT NO. 4769 tem. At the request of Mr. FEINGOLD, the At the request of Mr. KOHL, the S. 3221 names of the Senator from Kansas (Mr. names of the Senator from North Da- At the request of Mr. KOHL, the name BROWNBACK), the Senator from Massa- kota (Mr. DORGAN), the Senator from of the Senator from Montana (Mr. chusetts (Mr. KERRY), the Senator from Oregon (Mr. MERKLEY) and the Senator TESTER) was added as a cosponsor of S. Indiana (Mr. LUGAR), and the Senator from Michigan (Ms. STABENOW) were

VerDate Mar 15 2010 04:15 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.057 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10305 added as cosponsors of amendment No. Designer Anabolic Steroid Control Act blunter. When I questioned him at the 4769 intended to be proposed to H.R. of 2010. This legislation was originally hearing, Mr. Rannazzisi admitted that 4853, a bill to amend the Internal Rev- filed as an amendment, number 4693, to ‘‘at the present time I don’t think we enue Code of 1986 to extend the funding the FDA Food Safety Modernization are being effective at controlling these and expenditure authority of the Air- Act S. 510, but did not receive a vote. drugs.’’ He described the process as port and Airway Trust Fund, to amend Therefore, before the 111th Congress ‘‘extremely frustrating’’ because ‘‘by title 49, United States Code, to extend ends, I am introducing it as a stand- the time we get something to the point authorizations for the airport improve- alone bill which may be taken up in an- where it will be administratively ment program, and for other purposes. other Congress. scheduled [as a controlled substance], AMENDMENT NO. 4773 Anabolic steroids—masquerading as there’s two to three [new] substances At the request of Ms. STABENOW, the body building dietary supplements—are out there.’’ name of the Senator from South Da- sold to millions of Americans in shop- The failure of enforcement is caused kota (Mr. JOHNSON) was added as a co- ping malls and over the Internet even by the complexity of the regulations, sponsor of amendment No. 4773 in- though these products put at grave statutes and science. Either the Food tended to be proposed to H.R. 4853, a risk the health and safety of Ameri- Drug and Cosmetic Act, which provides bill to amend the Internal Revenue cans who use them. The harm from jurisdiction for FDA, or the Controlled Code of 1986 to extend the funding and these steroid-tainted supplements is Substances Act, which provides juris- expenditure authority of the Airport real. In its July 28, 2009 public health diction for DEA, or both, can be appli- and Airway Trust Fund, to amend title advisory, the FDA described the health cable depending on the ingredients of 49, United States Code, to extend au- risk of these types of products to in- the substance. Under a 1994 amendment thorizations for the airport improve- clude serious liver injury, stroke, kid- to the Food Drug and Cosmetic Act, ment program, and for other purposes. ney failure and pulmonary embolism. called the Dietary Supplement Health AMENDMENT NO. 4790 The FDA also warned: and Education Act, DSHEA, dietary At the request of Mrs. FEINSTEIN, the [A]anabolic steroids may cause other seri- supplements, unlike new drug applica- name of the Senator from California ous long-term adverse health consequences tions, are not closely scrutinized and in men, women, and children. These include (Mrs. BOXER) was added as a cosponsor do not require Pre-market approval by shrinkage of the testes and male infertility, the FDA before the products can be of amendment No. 4790 intended to be masculinization of women, breast enlarge- proposed to H.R. 4853, a bill to amend ment in males, short stature in children, ad- sold. Pre-market notification for die- the Internal Revenue Code of 1986 to verse effects on blood lipid levels, and in- tary supplements is required only if extend the funding and expenditure au- creased risk of heart attack and stroke. the product contains new dietary in- thority of the Airport and Airway New anabolic steroids—often called gredients, meaning products that were Trust Fund, to amend title 49, United designer steroids—are coming on the not on the U.S. market before DSHEA States Code, to extend authorizations market every day, and FDA and DEA passed in 1994. for the airport improvement program, are unable to keep pace and effectively If the FDA determines that a dietary and for other purposes. stop these products from reaching con- supplement is a steroid, it has several AMENDMENT NO. 4792 sumers. enforcement measures available to use. At the request of Mrs. FEINSTEIN, the At the Senate Judiciary Sub- FDA may treat the product as an unap- name of the Senator from New Jersey committee on Crime and Drugs hearing proved new drug, or as an adulterated (Mr. LAUTENBERG) was added as a co- I chaired on September 29, 2009, rep- dietary supplement under the Food sponsor of amendment No. 4792 in- resentatives from FDA and DEA, as Drug and Cosmetic Act. Misdemeanor tended to be proposed to H.R. 4853, a well as the U.S. Anti-Doping Agency, violations of the Food Drug and Cos- bill to amend the Internal Revenue testified that there is a cat and mouse metic Act may apply, unless there is Code of 1986 to extend the funding and game going on between unscrupulous evidence of intent to defraud or mis- expenditure authority of the Airport supplement makers and law enforce- lead, a requirement for a felony charge. and Airway Trust Fund, to amend title ment—with the bad actors engineering However, given the large number of di- 49, United States Code, to extend au- more and more new anabolic steroids etary supplement products on the mar- thorizations for the airport improve- by taking the known chemical for- ket, it is far beyond the manpower of ment program, and for other purposes. mulas of anabolic steroids listed as the FDA to inspect every product to AMENDMENT NO. 4809 controlled substances in Schedule III find, and take action against, those At the request of Mr. SANDERS, the and then changing the chemical com- that violate the law—as the FDA itself names of the Senator from Rhode Is- position just slightly, perhaps by a has acknowledged. land (Mr. WHITEHOUSE), the Senator molecule or two. These products are The better enforcement route is a from Alaska (Mr. BEGICH), the Senator rapidly put on the market—in stores criminal prosecution under the Con- from New Jersey (Mr. LAUTENBERG), and over the Internet—without testing trolled Substances Act. However, the the Senator from Minnesota (Mr. and proving the safety and efficacy of process to classify a new anabolic ster- FRANKEN) and the Senator from Mary- these new products. There is no pre-no- oid as a controlled substance under land (Mr. CARDIN) were added as co- tification to, or pre-market approval Schedule III is difficult, costly and sponsors of amendment No. 4809 in- by, federal agencies occurring here. time consuming, requiring years to tended to be proposed to H.R. 4853, a These bad actors are able to sell and complete. Current law requires that to bill to amend the Internal Revenue make millions in profits from their de- classify a substance as an anabolic Code of 1986 to extend the funding and signer steroids because while it takes steroid, DEA must demonstrate that expenditure authority of the Airport them only weeks to design a new ster- the substance is both chemically and and Airway Trust Fund, to amend title oid by tweaking a formula for a banned pharmacologically related to testos- 49, United States Code, to extend au- anabolic steroid, it takes literally terone. The chemical analysis is the thorizations for the airport improve- years for DEA to have the new anabolic more straightforward procedure, as it ment program, and for other purposes. steroid classified as a controlled sub- requires the agency to conduct an anal- f stance so DEA can police it. ysis to determine the chemical struc- The FDA witness at the hearing, ture of the new substance to see if it is STATEMENTS ON INTRODUCED Mike Levy, Director of the Division of related to testosterone. The pharma- BILLS AND JOINT RESOLUTIONS New Drugs and Labeling Compliance, cological analysis, which must be By Mr. SPECTER: acknowledged that this is a ‘‘chal- outsourced, is more costly, difficult, S. 4032. A bill to amend the Con- lenging area’’ for FDA. He testified and can take years to complete. It re- trolled Substances Act to more effec- that for FDA it is ‘‘difficult to find the quires both in vitro and in vivo anal- tively regulate anabolic steroids; to violative products and difficult to act yses, the latter is an animal study. the Committee on the Judiciary. on these problems.’’ The DEA witness, DEA must then perform a comprehen- Mr. SPECTER. Mr. President, I have Joseph T. Rannazzisi, Deputy Assistant sive review of existing peer-reviewed sought recognition to introduce the Administrator for DEA, was even literature.

VerDate Mar 15 2010 04:15 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.059 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10306 CONGRESSIONAL RECORD — SENATE December 15, 2010 Even after DEA has completed the Substances Act but has a chemical By Mr. SPECTER: multi-year scientific evaluation proc- structure substantially similar to one S. 4033. A bill to provide for the res- ess, the agency must embark on a of the already listed and banned ana- toration of legal rights for claimants lengthy regulatory review and public- bolic steroids, the new substance will under holocaust-era insurance policies; comment process, which typically be considered to be an anabolic steroid to the Committee on the Judiciary. delays by another year or two the time if it was intended to affect the struc- Mr. SPECTER. Mr. President, I have it takes to bring a newly emerged ana- ture or function of the body like the sought recognition to urge my col- bolic steroid under control. As part of banned anabolic steroids do. In other leagues to support and take up next this latter process, DEA must conduct words, DEA will not have to perform Congress the bill I just introduced, the interagency reviews, which means the complex and time consuming phar- Restoration of Legal Rights for Claim- sending the studies and reports to the macological analysis to determine how ants Under Holocaust-Era Insurance Department of Justice, DOJ, the Office the substance will affect the structure Policies. The bill would restore the of Management and Budget, OMB, and and function of the body, as long as the right of Holocaust survivors and their the Department of Health and Human agency can demonstrate that the new descendants—many of them United Services, HHS, provide public notifica- steroid was created or manufactured States citizens—to maintain lawsuits tion of the proposed rule, allow for a for the purpose of promoting muscle in our courts to recover unpaid pro- period of public comment, review and growth or causing the same pharma- ceeds under Holocaust-era life insur- comment on all public comments, cological effects as testosterone. ance policies. Recent decisions of the write a final rule explaining why the Utilizing the same criteria, the bill federal courts about which I have spo- agency agreed or did not agree with the permits the Attorney General to issue ken at length in prior floor statements public comments, send the final rule a permanent order adding such sub- and confirmation hearings have denied and agency comments back to DOJ, stances to the list of anabolic steroids survivors and their descendants that OMB and HHS, and then publish the in Schedule III of the Controlled Sub- right. final rule, all in accordance with the stances Act. The insurance policies at issue were Administrative Procedures Act. To The bill also includes new criminal issued to millions of European Jews be- date, under these cumbersome proce- and civil penalties for falsely labeling fore World War II. During the Nazi era, dures, DEA has only been able to clas- substances that are actually anabolic European insurers largely escaped sify three new anabolic steroids as con- steroids. The penalties arise where a their obligations under the policies— trolled substances and that process— supplement maker fails to truthfully sometimes by participating with the completed only after the September 29, indicate on the label—using inter- Nazis in what one Supreme Court Jus- 2010 Senate Judiciary subcommittee nationally accepted and understand- tice has characterized as ‘‘larcenous hearing—took more than 5 years to fin- able terminology—that the product takings of gigantic proportions.’’ [Am. ish. contains an anabolic steroid. These It is clear that the current complex Ins. Ass’n v. Garamendi, 539 U.S. 396, penalties are intended to be substantial and cumbersome regulatory system has 430 (2003) (Ginsburg, J., joined by Ste- enough to take away the financial in- failed to protect consumers from un- vens, Scalia, and Thomas, JJ., dis- derground chemists who easily and rap- centive of unscrupulous manufacturers, senting).] In the aftermath of World idly produce designer anabolic steroids distributors, and retailers who might War II, insurers dishonored the policies by slightly changing the chemical com- otherwise be willing to package these for one shameful reason or another. position of the anabolic steroids al- products in a way that hides the true The most shameful of them was that a ready included on Schedule III as con- contents from law enforcement and claimant could not produce a death trolled substances. The story of Jareem consumers. certificate of a deceased insured who Finally, the bill adds 33 new anabolic Gunter, a young college athlete who had been murdered in a Nazi death steroids to Schedule III. These 33 ana- testified at the hearing, illustrates the camp. system’s failure. To improve his ath- bolic steroids have emerged in the mar- In the 1990s survivors turned, as a letic performance four years ago, ketplace in the six years since Con- last resort, to the courts of the United Jareem purchased in a nutrition store gress passed the Anabolic Steroid Con- States. Numerous suits were filed seek- a dietary supplement called Superdrol, trol Act of 2004. The bill also instructs ing compensation from European insur- a product he researched extensively on the United States Sentencing Commis- ers for dishonoring Holocaust-era in- the Internet and believed was safe. Un- sion to review and revise the Federal surance policies during and especially fortunately it was not. Superdrol con- sentencing guidelines to ensure that after the War. Several States, for their tained an anabolic steroid which to sentences will be based on the total part, attempted to facilitate recovery this day is still not included in the list weight of the product when anabolic under unpaid policies by requiring in- of controlled substances. After using steroids are illegally manufactured or surers doing business in their States, Superdrol for just several weeks, distributed in a tablet, capsule, liquid as most did, to disclose information Jareem came close to dying because or other form that makes it difficult to about those policies. this product—which he thought would determine the actual amount of ana- European insures responded to these make him stronger and healthier—seri- bolic steroid in the product. developments by agreeing to establish ously and permanently injured his By making these changes, we can a private claims resolution process. liver. He spent four weeks in the hos- protect the health and lives of count- Their agreement resulted in the estab- pital and has never been able to return less Americans and provide an effective lishment of a voluntary organization in to complete his college education. enforcement mechanism to hold ac- 1998—formed by, among others, the in- To close the loopholes in the present countable those individuals and their surers, the State of Israel, and State laws that allow the creation and easy companies which purposefully exploit insurance commissioners in the United distribution of deadly new anabolic the current regulatory system for their States known as the International steroids masquerading as dietary sup- selfish gain. The Department of Justice Commission on Holocaust Era Insur- plements, I am introducing today The has provided extensive technical assist- ance Claims, ICHEIC. ‘‘The job of Designer Anabolic Steroid Control Act ance in the drafting of this bill over ICHEIC,’’ according to the Supreme of 2010. The bill simplifies the defini- many months. In addition, this legisla- Court, ‘‘include[d] negotiation with Eu- tion of anabolic steroid to more effec- tion is fully supported by the United ropean insurers to provide information tively target designer anabolic States Olympic Committee, the Na- about unpaid insurance policies and steroids, and permits the Attorney tional Football League, the United the settlement of claims under them.’’ General to issue faster temporary and States Anti-Doping Agency, as well as [Garamendi, 539 U.S. at 407.] permanent orders adding recently by Supplement Safety Now, a coalition Many survivors and their descend- emerged anabolic steroids to the list of including all the major league sports ants filed claims through ICHEIC. How anabolic steroids in Schedule III of the teams, and other sports and medical fairly ICHEIC decided their claims re- Controlled Substances Act. associations. I urge my colleagues to mains a debated question. Testimony Under the bill, if a substance is not take up this much-needed bill in the before Congress at least raises serious listed in Schedule III of the Controlled next Congress. questions as to whether meritorious

VerDate Mar 15 2010 04:15 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.067 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10307 claims were denied. I do not wish to I refer first and foremost to the Su- Garamendi decision of the Court, enter that debate today except to em- preme Court’s much-criticized, five-to- Medellin v. Texas, 2008, suggests that phasize that ICHEIC was not a neutral, four decision in American Insurance Garamendi cannot be so broadly read— governmental adjudicatory body. It Co. v. Garamendi, 2003. The Court held that an executive-branch foreign policy was, as then-Judge Michael Mukasey there that the executive branch’s for- can preempt state law only if it be- said, a ‘‘an ad-hoc non-judicial, private eign policy favoring the resolution of comes law through the means pre- international claims tribunal’’ created, Holocaust-era insurance claims scribed by the Constitution or, in some funded, and to a large extent controlled through ICHEIC preempted a California limited class of cases at least, find ex- by the insurance companies—in short, law requiring the disclosure of infor- pression in an executive agreement en- again in Judge Mukasey’s words, ‘‘a mation about Holocaust-era insurance tered with Congress’s acquiescence. De- company store.’’ [In re Assicurazioni policies to potential claimants. It did spite the importance of these questions Generali, S.p.A Holocaust Ins. Litig., not matter, the Court said, that the ex- and an apparent split among the lower 228 F. Supp. 2d 348, 356–57 (S.D.N.Y. ecutive agreement said nothing what- courts in answering them, the Supreme 2002).] I also wish to emphasize that by soever about preemption, let alone that Court denied certiorari. filing a claim through ICHEIC, a claim- no federal statute or treaty actually My legislation would achieve two ant did not waive his right to file suit. preempted disclosure statute’s like narrow, but important, objectives: Only claimants who received payments California’s. It was enough that the First, it would restore Holocaust sur- under insurance policies did so. agreement embodied a general policy— vivors and their descendants to the Despite the creation of ICHEIC, liti- reaffirmed over the years by state- legal position they occupied before gation continued in American courts. ments by sub-cabinet officials—with Garamendi and Generali. Second, it Foreign protests over the litigation led which California’s disclosure state would allow states to enforce the sort the United States to negotiate several could be said to conflict. Four Justices of disclosure laws at issue in executive agreements with foreign gov- with very different views on executive Garamendi. With limited exceptions ernments. Of these, the most impor- power—Ginsburg, Scalia, Stevens, and tailored to achieve these objectives, tant was the 2000 German Foundation Thomas—dissented. While conceding the legislation would otherwise leave Agreement. It obligated Germany to the, questionable, argument that the undisturbed any defenses that insurers establish the German Foundation, President can under some cir- may have to Holocaust-era insurance which was funded by Germany and Ger- cumstances preempt state law by exec- claims, including the defense that they man companies, to compensate Jews utive agreement, they emphasized the were settled and released through ‘‘who suffered’’ various economic obvious flaw in the Court’s position on ICHEIC. harms ‘‘at the hands of the German the facts at hand: The 2000 agreement Of equal significance, my legislation companies during the National Social- says nothing about preemption. Insofar would vindicate two important Con- ist era.’’ As for insurance claims in as it says anything on the subject, it stitutional principles—one involving particular, the agreement obligated actually disclaims any preemptive ef- separation of powers, the other fed- German insurers to address them fect. eralism. The principle of separation of through ICHEIC. Similar agreements On the authority of Garamendi, the powers is that the Constitution vests between the United States and Austria Federal district court before which all lawmaking authority in Congress and France followed. No agreement was lawsuits to recover on policies issued and none in the executive branch. The reached, though, with Nazi German’s by the Italian insurer Generali had principle of federalism is that, under principal ally, Italy. been consolidated dismissed those suits the Constitution’s supremacy clause, In negotiating the 2000 agreement, as preempted. The court rejected the Article VI, only the Constitution, Con- Germany sought immunity from suit— plaintiffs’ argument that the suits gressionally enacted law, and Senate- ‘‘legal peace’’ as Germany calls it—in could not be preempted because Italy ratified treaties can preempt state law. American courts for German compa- and the United States had never en- Some executive agreements, if entered nies. The United States refused to pro- tered into an executive agreement ad- at least with Congress’s acquiescence, vide it, and could not have provided it, dressing claims against Italian insur- arguably may also do so. But execu- in my view, in the absence of a Senate- ers. Appeals to the Court of Appeals for tive-branch policies plainly do not. ratified treaty or some other such au- the Second Circuit followed. While the One final point: A similar House bill, thoritative Congressional action. In- appeals were pending, a class action H.R. 4596, has been objected to on the stead the United States agreed only to settlement was reached and approved ground that it will disserve aging Holo- the inclusion of a provision obligating by the court under which most of the caust survivors because it will create the United States to file in any suit class members received nothing. The unrealistic expectations of recovery. against a German company over a Hol- plaintiffs’ lead counsel has said that Claims that were not successful before ocaust-era claim a precatory state- Garamendi left them no choice but to ICHEIC, the House bill’s critics claim, ment informing the court that ‘‘it settle. Several plaintiffs who opted out are almost certain to fail in court. would be in the foreign policy interests of the settlement nonetheless pressed That is a debatable objection. It is, in of the United States for the Founda- on with the appeals. Early this year any event, beside the point. Holocaust tion to be the exclusive forum and rem- the Second Circuit affirmed the dis- survivors and their descendants should edy for the resolution of all asserted missal of their cases. [In re be allowed to decide for themselves claims against Germany companies Assicurazioni Generali, S.P.A., 529 F.3d whether to file suit. Neither the execu- arising from their involvement in the 113 (2d Cir. 2010).] tive branch nor the federal courts National Socialist era and World War The plaintiffs then asked the Su- should make that decision for them. II.’’ The United States also agreed in preme Court to hear their case by fil- any such filing to ‘‘recommend dis- ing a petition for certiorari. They f missal on any valid legal ground raised two main questions. Whether AMENDMENTS SUBMITTED AND (which, under the U.S. system of juris- Garamendi preempts the generally ap- PROPOSED prudence, will be for the U.S. courts to plicable state common law under which SA 4810. Mr. BAUCUS submitted an amend- determine).’’ The 2000 agreement the plaintiffs sought recovery, as op- ment intended to be proposed by him to the makes explicit, however, that ‘‘the posed to the disclosure-specific law bill H.R. 4849, to amend the Internal Revenue United States does not suggest that its California enacted. Whether Code of 1986 to provide tax incentives for policy interests concerning the Foun- Garamendi should be read to preempt small business job creation, extend the Build dation in themselves provide an inde- state-law claims in the absence of any America Bonds program, provide other infra- pendent legal basis for dismissal.’’ executive agreement addressing those structure job creation tax incentives, and for But what the 2000 executive agree- claims. Recall that Italy and the other purposes; which was ordered to lie on the table. ment expressly denied Germany com- United States never entered into an ex- SA 4811. Mr. DEMINT submitted an amend- panies—that is, immunity from suit— ecutive agreement with which claims ment intended to be proposed by him to the our federal courts have now given them against Generali, an Italian insurer, bill H.R. 3082, making appropriations for at the urging of the executive branch. could be said to conflict. A post- military construction, the Department of

VerDate Mar 15 2010 04:15 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.063 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE S10308 CONGRESSIONAL RECORD — SENATE December 15, 2010 Veterans Affairs, and related agencies for spending item, limited tax benefit, or lim- The PRESIDING OFFICER. Without the fiscal year ending September 30, 2010, and ited tariff benefit as defined in paragraph 5 objection, it is so ordered. for other purposes; which was ordered to lie of rule XLIV of the Standing Rules of the on the table. Senate or a congressional earmark as de- f SA 4812. Mr. MCCAIN submitted an amend- fined in clause 9(e) of rule XXI of the Rules UNANIMOUS CONSENT AGREE- ment intended to be proposed by him to the of the House of Representatives. MENT—EXECUTIVE CALENDAR bill H.R. 3082, supra; which was ordered to lie on the table. SA 4812. Mr. MCCAIN submitted an Mr. DURBIN. Mr. President, as if in SA 4813. Ms. SNOWE (for herself and Ms. amendment intended to be proposed by executive session, I ask unanimous COLLINS) submitted an amendment intended him to the bill H.R. 3082, making ap- consent that on Thursday, December to be proposed by her to the bill S. 3454, to propriations for military construction, 16, following leader time, the Senate authorize appropriations for fiscal year 2011 the Department of Veterans Affairs, proceed to executive session to begin for military activities of the Department of and related agencies for the fiscal year consideration of Calendar No. 7, the Defense, for military construction, and for START treaty, and that the treaty be defense activities of the Department of En- ending September 30, 2010, and for ergy, to prescribe military personnel other purposes; which was ordered to considered read. strengths for such fiscal year, and for other lie on the table; as follows: The PRESIDING OFFICER. Without purposes; which was ordered to lie on the On page 383, beginning on line 24, strike objection, it is so ordered. table. ‘‘$10,000,000 to the John P. Murtha Founda- f tion;’’. f ORDER FOR PRINTING OF TEXT OF AMENDMENTS SA 4813. Ms. SNOWE (for herself and TRIBUTES SA 4810. Mr. BAUCUS submitted an Ms. COLLINS) submitted an amendment Mr. DURBIN. Mr. President, I ask amendment intended to be proposed by intended to be proposed by her to the unanimous consent that the order for him to the bill H.R. 4849, to amend the bill H.R. 3454, to authorize appropria- the printing of tributes be modified to Internal Revenue Code of 1986 to pro- tions for fiscal year 2011 for military provide that Members have until sine vide tax incentives for small business activities of the Department of De- die of the 111th Congress, 2d session, to job creation, extend the Build America fense, for military construction, and submit tributes and that the order for Bonds program, provide other infra- for defense activities of the Depart- printing remain in effect. structure job creation tax incentives, ment of Energy, to prescribe military The PRESIDING OFFICER. Without and for other purposes; which was or- personnel strengths for such fiscal objection, it is so ordered. year, and for other purposes; which was dered to lie on the table; as follows: f ordered to lie on the table; as follows: Strike all after the enacting clause and in- MAKING TECHNICAL CORRECTIONS sert the following: At the end of the table VI, add the fol- lowing: TO THE COAST GUARD AUTHOR- SECTION 1. REPEAL OF EXPANSION OF INFORMA- TION REPORTING REQUIREMENTS. Subtitle E—Other Matters IZATION ACT OF 2010 (a) REPEAL OF PAYMENTS FOR PROPERTY SEC. 641. CONTINUED OPERATION OF COM- Mr. DURBIN. Mr. President, I ask AND OTHER GROSS PROCEEDS.—Subsection (b) MISSARY AND EXCHANGE STORES unanimous consent that the Senate of section 9006 of the Patient Protection and SERVING BRUNSWICK NAVAL AIR STATION, MAINE. proceed to the immediate consider- Affordable Care Act, and the amendments ation of H.R. 6516, which was received made thereby, are hereby repealed; and the The Secretary of Defense shall provide for Internal Revenue Code of 1986 shall be ap- the continued operation of each commissary from the House and is at the desk. plied as if such subsection, and amendments, or exchange store serving Brunswick Naval The PRESIDING OFFICER. The had never been enacted. Air Station, Maine, through September 30, clerk will report the title of the bill. 2011, and may not take any action to reduce (b) REPEAL OF APPLICATION TO CORPORA- The bill clerk read as follows: or to terminate the sale of goods at such TIONS; APPLICATION OF REGULATORY AUTHOR- stores during fiscal year 2011. A bill (H.R. 6516) to make technical correc- ITY.— tions to provisions of law enacted by the (1) IN GENERAL.—Section 6041, as amended f Coast Guard Authorization Act of 2010. by section 9006(a) of the Patient Protection AUTHORITY FOR COMMITTEES TO and Affordable Care Act and section 2101 of There being no objection, the Senate the Small Business Jobs Act of 2010, is MEET proceeded to consider the bill. amended by striking subsections (i) and (j) COMMITTEE ON AGRICULTURE, NUTRITION, AND Mr. DURBIN. I ask unanimous con- and inserting the following new subsection: FORESTRY sent that the bill be read three times ‘‘(i) REGULATIONS.—The Secretary may Mr. BAUCUS. Mr. President, I ask and passed, the motions to reconsider prescribe such regulations and other guid- unanimous consent that the Com- be laid upon the table, with no inter- ance as may be appropriate or necessary to mittee on Agriculture, Nutrition, and vening action or debate, and any state- carry out the purposes of this section, in- ments related to the bill be printed in cluding rules to prevent duplicative report- Forestry be authorized to meet during ing of transactions.’’. the session of the Senate on December the RECORD. (2) EFFECTIVE DATE.—The amendment 15, 2010, at 12 p.m. in room S–219 of the The PRESIDING OFFICER. Without made by this subsection shall apply to pay- Capitol Building. objection, it is so ordered. ments made after December 31, 2010. The PRESIDING OFFICER. Without The bill (H.R. 6516) was ordered to be objection, it is so ordered. read a third time, was read the third SA 4811. Mr. DEMINT submitted an COMMITTEE ON FINANCE time, and passed. amendment intended to be proposed by Mr. BAUCUS. Mr. President, I ask f him to the bill H.R. 3082, making ap- unanimous consent that the Com- propriations for military construction, ORDERS FOR THURSDAY, mittee on Finance be authorized to DECEMBER 16, 2010 the Department of Veterans Affairs, meet during the session of the Senate and related agencies for the fiscal year on December 15, 2010, immediately fol- Mr. DURBIN. Mr. President, I ask ending September 30, 2010, and for lowing a vote on the Senate Floor. unanimous consent that when the Sen- other purposes; which was ordered to The PRESIDING OFFICER. Without ate completes its business today, it ad- lie on the table; as follows: objection, it is so ordered. journ until 9:30 a.m. on Thursday, De- On page l, between lines l and l, insert f cember 16; that following the prayer the following: and the pledge, the Journal of pro- SEC. lll. PROHIBITION ON FUNDING EAR- PRIVILEGES OF THE FLOOR ceedings be approved to date, the MARKS. Mrs. FEINSTEIN. Mr. President, I morning hour be deemed to have ex- (a) IN GENERAL.—Notwithstanding any ask unanimous consent that Nancy Pe- pired, and the time for the two leaders other provision of this Act, none of the funds terson, a fellow in Senator WEBB’s of- be reserved for their use later in the provided in this Act may be expended to fund fice, be granted the privilege of the day; and that following any leader re- an earmark. Any account in this Act from which an earmark is made shall be reduced floor throughout the Senate’s consider- marks, the Senate proceed to executive by an amount equal to any such earmark. ation of the New START treaty and the session for the consideration of the (b) EARMARK DEFINED.—The term ‘‘ear- fiscal year 2011 Omnibus Appropria- New START treaty, as provided under mark’’ means a congressionally directed tions Act. the previous order.

VerDate Mar 15 2010 04:15 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.060 S15DEPT1 tjames on DSKG8SOYB1PROD with SENATE December 15, 2010 CONGRESSIONAL RECORD — SENATE S10309 The PRESIDING OFFICER. Without NATIONAL COUNCIL ON DISABILITY To be major general objection, it is so ordered. CLYDE E. TERRY, OF NEW HAMPSHIRE, TO BE A MEM- BRIGADIER GENERAL FRANCES M. AUCLAIR BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A BRIGADIER GENERAL BARRY K. COLN f TERM EXPIRING SEPTEMBER 17, 2013, VICE JOHN R. BRIGADIER GENERAL JEFFREY R. JOHNSON VAUGHN, RESIGNED. BRIGADIER GENERAL MARY J. KIGHT PROGRAM BRIGADIER GENERAL THOMAS R. MOORE IN THE AIR FORCE Mr. DURBIN. Mr. President, votes in BRIGADIER GENERAL JOHN F. NICHOLS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIGADIER GENERAL LEON S. RICE relation to amendments on the START IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- BRIGADIER GENERAL GARY L. SAYLER CATED UNDER TITLE 10, U.S.C., SECTION 12203: BRIGADIER GENERAL SCOTT B. SCHOFIELD treaty are possible throughout the day BRIGADIER GENERAL JONATHAN T. TREACY tomorrow. Senators will be notified To be major general BRIGADIER GENERAL DELILAH R. WORKS when votes are scheduled. BRIGADIER GENERAL THOMAS P. HARWOOD III To be brigadier general BRIGADIER GENERAL ROBERT K. MILLMANN, JR. f BRIGADIER GENERAL WILLIAM F. SCHAUFFERT COLONEL STEVEN P. BULLARD BRIGADIER GENERAL MICHAEL N. WILSON COLONEL MICHAEL B. COMPTON ADJOURNMENT UNTIL 9:30 A.M. BRIGADIER GENERAL JOHN T. WINTERS, JR. COLONEL MURRAY A. HANSEN TOMORROW THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL JEFFREY W. HAUSER IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- COLONEL WILLIAM O. HILL Mr. DURBIN. Mr. President, if there CATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL JEROME P. LIMOGE, JR. is no further business to come before COLONEL DONALD A. MCGREGOR To be brigadier general COLONEL TONY E. MCMILLIAN the Senate, I ask unanimous consent COLONEL GREGORY L. NELSON COLONEL RANDALL C. GUTHRIE COLONEL GARY L. NOLAN that it adjourn under the previous COLONEL NORMAN R. HAM COLONEL MICHAEL E. STENCEL order. COLONEL RONALD B. MILLER COLONEL JOHN J. MOONEY III COLONEL RICHARD G. TURNER There being no objection, the Senate, COLONEL DAVID B. O’BRIEN COLONEL WILLIAM L. WELSH COLONEL DANIEL J. ZACHMAN at 6:24 p.m., adjourned until Thursday, COLONEL RICHARD W. SCOBEE COLONEL JOCELYN M. SENG December 16, 2010, at 9:30 a.m. COLONEL WILLIAM B. WALDROP, JR. IN THE ARMY COLONEL TOMMY J. WILLIAMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f COLONEL EDWARD P. YARISH IN THE RESERVE OF THE ARMY TO THE GRADE INDI- COLONEL SHEILA ZUEHLKE NOMINATIONS CATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED Executive nominations received by STATES OFFICERS FOR APPOINTMENT IN THE RESERVE To be major general OF THE AIR FORCE TO THE GRADES INDICATED UNDER the Senate: TITLE 10, U.S.C., SECTIONS 12203 AND 12212: BRIG. GEN. JON J. MILLER

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HONORING GRAND CANYON NA- HONORING TEXAS STATE REP- A TRIBUTE TO TESSIE CECIL TIONAL PARK SUPERINTENDENT RESENTATIVE JERRY MADDEN— STEVE MARTIN 2010 PUBLIC OFFICIAL OF THE HON. BRETT GUTHRIE YEAR OF KENTUCKY HON. RAU´ L M. GRIJALVA IN THE HOUSE OF REPRESENTATIVES HON. SAM JOHNSON Wednesday, December 15, 2010 OF ARIZONA OF TEXAS Mr. GUTHRIE. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES to honor Tessie Cecil, who has dedicated her Wednesday, December 15, 2010 career to the citizens of New Haven and the Wednesday, December 15, 2010 Commonwealth of Kentucky. Mr. GRIJALVA. Madam Speaker, I rise Mr. SAM JOHNSON of Texas. Madam Cecil served for 20 years as the Mayor of today to honor Grand Canyon National Park Speaker, it is a privilege to recognize before New Haven, Ky., in Nelson County, where she Superintendent Steve Martin, who has unself- the United States House of Representatives consistently gave her all to the community. ishly given over 35 years of exceptional serv- Governing magazine’s 2010 Public Official of A native of the Philippines, Cecil met and ice to the nation as a steward of our national the Year, and my good friend from the great married her husband, Don, while he was sta- parks. state of Texas, Jerry Madden. tioned with the U.S. Navy in her native country over 30 years ago. She and Don moved to During his years as a park ranger and su- State Representative Madden has faithfully New Haven to raise a family and in 1979, perintendent, Mr. Martin has championed the served the people of the 67th district since his shortly after the move, she was hired as the mission of the National Park Service in pro- election to the Texas Legislature back in 1992. New Haven city clerk. tecting the nation’s many natural and cultural In his nine consecutive terms, he has held Cecil is known for her work to improve the resources, has resolutely defended parks from honored roles on twelve committees, including water and sewer systems, sidewalks and degradation and harm, and has generously four years as the Chairman of the House parks. She is also proud of her involvement nurtured new generations of park employees Committee on Corrections where he is sitting with the veterans’ monument in front of City and managers to serve as park stewards. Vice Chair. Hall and the Kentucky Railway Museum. His career encompassed exemplary service While Madden is the recipient of countless Cecil is a person of integrity and has dem- in leadership positions at Grand Teton, Denali awards, including being named to Texas onstrated a strong passion for making her and Gates of Arctic National Parks, and in Monthly’s 10 Best Legislators list and the Uni- community a better place. I join with the citi- staff positions at Yellowstone and Voyageurs versity of Texas at Dallas’ Distinguished Alum- zens of New Haven in thanking her for her National Parks, where he persistently fostered ni group, this top-notch legislator’s latest acco- years of relentless service. lade comes as national recognition for turning Americans’ deep love for their parks. I ask my colleagues to join me in honoring the State of Texas into a shining model of cor- Tessie Cecil for her commitment to the citi- In his time as superintendent of Grand Can- rections reform. zens of New Haven, Nelson County and the yon National Park, Mr. Martin served as a tire- A West Point trained engineer by trade, Commonwealth of Kentucky. less advocate for the park, its staff, and its Madden tackled corrections reform with facts f many visitors. Through his efforts to initiate and statistics. He found that targeting a rel- and complete extensive upgrades to the crum- atively small amount of state funds toward PERSONAL EXPLANATION bling infrastructure at the Grand Canyon, he treatment, mental health, and rehabilitation helped improve the quality of life for the programs, rather than spending billions on HON. WILLIAM L. OWENS Havasupai tribe and for park employees, as new prisons, would yield a decrease in the OF NEW YORK well as enriching the experiences of the 4.5 prison population. With that in mind, Madden IN THE HOUSE OF REPRESENTATIVES million people who visit the Grand Canyon and his colleagues on the Committee on Cor- Wednesday, December 15, 2010 each year. rections formulated public policy that worked. Mr. Martin fought to protect the South Rim They turned a projected 15,000 inmate rise in Mr. OWENS. Madam Speaker, I was not of the Canyon and the Grand Canyon water- the Texas prison population into a population present for votes on Tuesday, December 14, shed from the toxic threat of uranium mining, decrease, saving taxpayers money and, more 2010 and morning votes on Wednesday, De- which would have polluted the lifeline of the importantly, rescuing lives along the way. cember 15. Had I been present, I would have voted ‘‘yes’’ on rollcall vote 628, ‘‘yes’’ on roll- west, the Colorado River, and put at great risk I have known Representative Madden for call vote 629, ‘‘yes’’ on rollcall vote 630, ‘‘yes’’ the wildlife and people that call this area over a quarter of a century. I have seen him on rollcall vote 631, ‘‘yes’’ on rollcall vote 632, home. rise from a local leader to the national spokes- ‘‘yes’’ on rollcall vote 633, ‘‘yes’’ on rollcall He has provided crucial leadership in estab- person for Texas on Criminal Justice. I can vouch for the testimony he has given Con- vote 634. lishing science as the decisive tool in policy gress and know the respect that national orga- f decisions, particularly in his tenacity in de- nizations have for his work. In fact, just this manding Colorado River flow rates that benefit IN MEMORY OF DR. JAMES month Jerry served as a guest speaker at my the riparian ecosystem found at the heart of EDWARD BYRD Congressional Youth Advisory Council meet- the Grand Canyon. ing where he shared his extensive knowledge Serving as the Intermountain Regional Di- of state government with local high school stu- HON. PETE SESSIONS rector and the Deputy Director for the National dents. OF TEXAS IN THE HOUSE OF REPRESENTATIVES Park Service, Mr. Martin was instrumental in For his service to America in the United preserving critical management policies which States Army, his service to Texas in the State Wednesday, December 15, 2010 will continue to guide the National Park Serv- Legislature, and his priceless contribution to Mr. SESSIONS. Madam Speaker, I rise ice as it prepares to celebrate its centennial. our society through innovative corrections re- today to recognize and remember my friend, Madam Speaker, it is fitting that we honor form, it is with pride and gratitude that I com- Dr. James Edward Byrd. He was kind and the 35 years of service that Steve Martin has mend State Representative Jerry Madden for generous and a man of great character that given to the National Park Service, and that a job exceptionally well done. deeply loved God and country. Dr. Byrd we recognize his passion and advocacy to To my good friend—congratulations, God passed away on November 23, 2010 after suf- protect and preserve our National Parks. bless you, and I salute you! fering complications from heart surgery.

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

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K15DE8.001 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS E2138 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2010 Born and raised in Arkansas, Dr. Byrd was many veterans to graduate from the Institute and has been a resident of Calvert County for a proud graduate of Ouachita Baptist Univer- and attain successful careers. 60 years. Commissioner Stinnett is the mother sity, where he was a ROTC student during his Dr. Gard and Dr. Wall established the Gard of 4, a grandmother of 11 grandchildren, and tenure and the recipient of the Distinguished ‘n’ Wall Scholarship in Nonproliferation Studies a great-grandmother of 7. Military Student Award. Upon graduation, he to assist ambitious candidates to excel in the In addition to serving three terms as a received his commission in the Army as a field of Nonproliferation Studies. The es- County Commissioner, Mrs. Stinnett was em- Second Lieutenant and proceeded to serve as teemed couple has also donated generously ployed by State Senator Roy Dyson for 14 the Executive Officer, 2MTB 67 Armor and to the Robert Gard Scholarship, set up by the years, serving as legislative and administrative then as the Accountable Officer, 9th Quarter- Institute to honor the work of Dr. Gard. I am assistant in his Congressional Office and his master Battalion in Germany. Dr. Byrd also proud to be a part of honoring Drs. Gard and State Senate office. She is the owner-operator earned a Masters in Psychology and a Ph.D. Wall and that I am able to associate myself of an income tax and accounting service and from Southwestern Seminary in Fort Worth, with the Monterey Institute of International was previously employed at Wayson’s Amuse- Texas. Most recently, he served as the Vice Studies. ment Company in a financial management po- President for the Texas Baptist Missions Madam Speaker, it is a tremendous honor sition for 17 years. Foundation where he traveled around the to recognize Dr. Robert Gard and Dr. Janet Calvert County has been well served by State of Texas raising money for missions, Wall for their continued support of the Mon- Commissioner Stinnett’s more than 20 years ministering to local churches, and emphasizing terey Institute for International Studies. The In- of dedicated public service. She is an active the importance of sharing the gospel. His love stitution is a jewel of higher education on the member of the community in a variety of ca- for people and winning them to Christ was evi- Central Coast and I offer my sincerest con- pacities. She served on the Calvert County dent in his actions; I know Dr. Byrd touched gratulations to this accomplished couple. Democratic Central Committee, as President countless lives. f of the Calvert County Democratic Women’s I had the distinct privilege and pleasure of Club, and as Secretary of the Maryland State HONORING CONGRESSMAN JIM having Dr. Byrd serve on my U.S. Academy Democratic Women’s Clubs. In addition, Mrs. OBERSTAR Selection Board for thirteen years. He proudly Stinnett has been a director of the American served our country as a member of the Arkan- SPEECH OF Red Cross, Calvert Hospice, the Special sas National Guard and the U.S. Army Re- Olympics, and the Northern High School serves, with his military career spanning over HON. BETSY MARKEY Boosters. She has held memberships in nu- twenty-three years. His record of exemplary OF COLORADO merous organizations ranging from the Calvert military service and background in education IN THE HOUSE OF REPRESENTATIVES Farmland Trust and Calvert Historical Society made him well-suited to serve on my Board. Tuesday, December 14, 2010 to the Calvert County Fire and Rescue Com- He was deeply committed to selecting the best Ms. MARKEY of Colorado. Madam Speaker, mission and the Calvert County Farm Bureau. candidates for our military academies; these I rise today to add my voice to those of my In addition, Mrs. Stinnett has been Director of students who would go onto serve as the next colleagues from both sides of the aisle to the Calvert County Fair Board, Charter Presi- leaders of our military in the generations to honor Congressman JIM OBERSTAR. I was priv- dent of Ducks Unlimited and a charter mem- come. There are no words that are capable of ileged to serve with Chairman OBERSTAR on ber of Stallings-Williams American Legion fully expressing my heartfelt gratitude for his the Committee on Transportation and Infra- Auxiliary, Unit #206. dedicated service to our great Nation. structure as a freshman member from Colo- Through her years of service she has been Dr. Byrd is survived by his loving wife of rado. There is no other person in this country, an advocate of maintaining Calvert County’s fifty-one years, Wencie; his sons, Scott, and perhaps in the world, who is more knowl- rich agricultural heritage and assuring that Lance, and Bart; his brother Bill; sisters Alice edgeable and well known on transportation, those without a voice are heard. Her energy, and Lela Mae; and grandchildren Daniel, transit and aviation issues as Chairman OBER- frank and realistic approach and ability to con- Lauren, Blakely, Ryland, and Margaret. STAR. Committee hearings were always settled nect with people have made her an out- I am honored to have known him and called in a deep appreciation of history. There was standing public servant who has an unwaver- him my friend. He will be greatly missed. May no better session in which to serve in Con- ing respect for those she represents. the peace of God be with those he loved and gress than under the Chairmanship of Mr. Madam Speaker and colleagues, please join sustain them through this hour of sorrow. OBERSTAR. me in honoring Commissioner Barbara A. f I was proud to welcome Chairman OBER- Stinnett for her years of public service, dedi- STAR to Fort Collins, Colorado, for a field hear- cated work and commitment to excellence on IN HONOR OF DRS. ROBERT G. behalf of the people of Calvert County. GARD AND JANET WALL ing on distracted driving. For the Chairman, safety of the travelling public was foremost in f his mind and his presence at our hearing PERSONAL EXPLANATION HON. SAM FARR brought much needed attention to the issues OF CALIFORNIA and dangers of texting and use of cell phones IN THE HOUSE OF REPRESENTATIVES while driving. HON. SAM GRAVES Wednesday, December 15, 2010 It has been an honor to work with Mr. OBER- OF MISSOURI IN THE HOUSE OF REPRESENTATIVES Mr. FARR. Madam Speaker, I rise today to STAR and I thank the Chairman for his many honor Dr. Robert G. Gard, Jr. and his spouse years of service and leadership to Congress Wednesday, December 15, 2010 and the American people. Dr. Janet Wall of Monterey, California, as the Mr. GRAVES of Missouri. Madam Speaker, Philanthropists of the Year chosen by the f I would like to state my position on the fol- Monterey Institute for International Studies for HONORING BARBARA A. STINNETT lowing votes I missed. their commitment to enriching the lives of the On Tuesday, December 14, 2010, I missed Institute’s scholars. HON. STENY H. HOYER rollcall votes 628, 629, 630. Had I been Retiring after 31 years in the United States OF MARYLAND present, I would have voted ‘‘aye’’ on rollcall Army, Dr. Gard became President of the Mon- IN THE HOUSE OF REPRESENTATIVES No. 628, ‘‘nay’’ on rollcall No. 629, and ‘‘yea’’ terey Institute for International Studies. He has on rollcall No. 630. Wednesday, December 15, 2010 been awarded the Defense Distinguished Fly- f ing Cross and the Defense Distinguished Mr. HOYER. Madam Speaker, I rise today Service Medal, the Silver Star, and the Bronze to recognize Barbara A. Stinnett, a Member of PERSONAL EXPLANATION Star. Dr. Robert Gard has served our country the Calvert County Board of Commissioners proudly and it is with great enthusiasm that he from 1986 through 1990; 1998 through 2002; HON. BOB ETHERIDGE continues to contribute to the community. and most recently from 2006 to 2010. It is my OF NORTH CAROLINA Dr. Janet Wall, an author and expert on ca- distinct honor to show our appreciation for her IN THE HOUSE OF REPRESENTATIVES reer development and educational review con- commitment, dedication and public service to tinues to donate her skills to the Institute’s Calvert County, to our great State of Maryland Wednesday, December 15, 2010 Yellow Ribbon program, which offers scholar- and to our Nation. Mr. ETHERIDGE. Madam Speaker, I was ships and career advice to returned military Commissioner Stinnett was born in Chicago, unable to cast recorded votes on Tuesday, veterans. Her kindness and guidance has led Illinois, graduated from Calvert High School December 14, on rollcall votes 628, 629, and

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K15DE8.005 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS December 15, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2139 630. Had I been present, I would have voted love, will remain an example to all who had PERSONAL EXPLANATION ‘‘yes’’ on all three of these measures: the privilege to know him. S. 1405, which designates the Longfellow HON. GENE GREEN House-Washington’s Headquarters National f OF TEXAS Historic Site; S. 3167, the Census Oversight HONORING CONGRESSMAN JIM IN THE HOUSE OF REPRESENTATIVES Efficiency and Management Reform Act of OBERSTAR Wednesday, December 15, 2010 2010; and H.R. 6510, which allows the Military Museum of Texas to purchase the property on Mr. GENE GREEN of Texas. Madam SPEECH OF which it operates. Speaker, I rise today to explain my absence from votes cast on December 14, 2010. My f HON. ERIK PAULSEN voting percentage is over 95% for the 111th OF MINNESOTA IN HONOR OF SERGEANT VINCENT Congress, and I rarely miss votes, but due to IN THE HOUSE OF REPRESENTATIVES WAYNE ASHLOCK a prior commitment scheduled before we knew Tuesday, December 14, 2010 the House would be in session on Tuesday, I HON. SAM FARR Mr. PAULSEN. Madam Speaker, I rise was unable to make it back to Washington in OF CALIFORNIA today to honor my distinguished colleague time for votes. On the three votes I missed: to approve S. IN THE HOUSE OF REPRESENTATIVES from Minnesota, the Dean of our delegation, Chairman JIM OBERSTAR. For nearly four dec- 1405, the Longfellow House-Washington’s Wednesday, December 15, 2010 ades, Chairman OBERSTAR has been faithfully Headquarters National Historic Site Designa- Mr. FARR. Madam Speaker, I rise today to serving the Eighth Congressional District of tion Act, had I been present, I would have honor the life and service of United States Minnesota in this great body. voted ‘‘aye;’’ to approve S. 3167, the Census Army Staff Sergeant Vincent Wayne Ashlock, From humble beginnings, Chairman OBER- Oversight Efficiency and Management Reform who died on December 4, 2010, while serving STAR worked to put himself through college in Act of 2010, had I been present, I would have in Khost Province, Afghanistan. Wayne, as he the Minnesota Iron Range mines. After grad- voted ‘‘aye;’’ to approve H.R. 6510, To direct was known to his family and friends, was a uating Summa Cum Laude from the college of the Administrator of General Services to con- loving father, husband, brother, and son who St. Thomas, he began his tenure in Congress vey a parcel of real property in Houston, devoted his life in equal measures to his fam- as a congressional staff member. To his final Texas, to the Military Museum of Texas had I ily and our nation. Public service was his call- post in Congress as Chairman of the Trans- been present, I would have voted ‘‘aye.’’ ing, and while his death leaves a void in the portation and Infrastructure Committee, Chair- f lives of his family, friends, and comrades, Staff man OBERSTAR has committed his life to pub- HONORING CONGRESSMAN JIM Sergeant Ashlock’s patriotism, loyalty, and lic service and serving the great State of Min- OBERSTAR love, will remain an example to all who had nesota. the privilege to know him. A native of Chisholm, Minnesota, Congress- SPEECH OF Wayne was born in San Jose, California on man OBERSTAR has proudly served the people HON. KEITH ELLISON May 10, 1965. He grew up in the small farm- of Northeast Minnesota for 18 terms, the long- OF MINNESOTA ing and military town of Merced in the heart of est serving Member of Congress from Min- IN THE HOUSE OF REPRESENTATIVES California’s San Joaquin Valley. He enjoyed a nesota. small town childhood surrounded by brothers In his four years as Chairman of the Trans- Tuesday, December 14, 2010 and sisters playing little league baseball and portation and Infrastructure Committee, Chair- Mr. ELLISON. Madam Speaker, I rise today exploring Bear Creek. man OBERSTAR has been instrumental in to stand with colleagues to honor a Minnesota Wayne began his military career by enlisting keeping America moving. From his efforts to icon, dean of the Minnesota Congressional in the Army at age eighteen. He served for ten create more cycling and hiking paths to his Delegation and my good friend, JIM OBERSTAR. years on active duty before leaving the Army work on aviation and aviation safety, Chair- When I was first elected to Congress in 2006, for civilian life. Following the 9/11 attack, his man OBERSTAR has done remarkable work in JIM was one of my first mentors, always there sense of duty and patriotism led Wayne to en- Congress. His knowledge of transportation with helpful advice and counsel. list in the California National Guard. As a issues will be a great loss to this body. JIM was also there on the sad evening of Guardsman, Wayne deployed to Iraq, where He leaves a strong legacy as his name will August 1, 2007, when the Interstate 35W he drew on his military experience to help be forever tied to important highway, airline Bridge in Minneapolis, Minnesota collapsed train Ugandan troops. He later sought deploy- and rail safety legislation. His passion for into the Mississippi River, killing 13 people ment to Afghanistan. To accomplish this, he intermodalism is unmatched. and injuring near 100 more. transferred from the California National Guard, As Chairman OBERSTAR departs, I will miss I worked closely with JIM that evening and which had no immenant Afghanistan deploy- his knowledge of all things historical and his the days following along with my fellow col- ments scheduled, to the Mississippi National linguistic talent, specifically his love for French leagues in the Minnesota Delegation to imme- Guard which did. Once in there, Wayne Creole, a language which he picked up while diately respond to horrific bridge collapse and served with the 287th Engineer Co., 176 Engi- studying in Haiti after college. then, with Jim’s help, the House passed the neer Bde., 101st Airborne Div. (Air Assault). In the few short years I have been in Con- next day a bill to provide funds to rebuild the His unit was assigned to help clear home- gress, it has been an honor and a privilege to bridge. made bombs and discover ambushes in front serve alongside Chairman OBERSTAR as a fel- This story that I share with you tonight of other units. During his military service, low Minnesotan. Chairman OBERSTAR is leav- about JIM’s work on the Interstate-35W Bridge Wayne earned many awards and commenda- ing some large shoes to fill. His wisdom, guid- is just one of many that I have from my four tions, among them the Army Commendation ance and expertise will be greatly missed and short years here in the House. Medal, the Afghanistan Campaign Medal with I thank him for his service to our great State. So JIM, let me say on behalf of my constitu- a Bronze Service Star, and the Iraq Campaign ents from the Fifth District and the entire state of Minnesota, thank you for your incredible Medal with a Bronze Service Star. f Wayne is survived by his wife, Angela, and service to Minnesota and the entire nation for five children, Kali, Jesse, Steven, Erica and PERSONAL EXPLANATION the past 36 years. Christopher, two grandchildren, Addison and Your contributions will not be forgotten. Brady, brothers Ryan, Lonnie, and sister HON. LOIS CAPPS f Dawn, his mother Margot, and grandmother OF CALIFORNIA RECOGNIZING BEULAH B. ROMAN Bonnie. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I know I speak for the whole House in expressing our heartfelt con- Wednesday, December 15, 2010 HON. DALE E. KILDEE OF MICHIGAN dolences to Staff Sergeant Ashlock’s family. Mrs. CAPPS. Madam Speaker, I was not IN THE HOUSE OF REPRESENTATIVES Their loss is our nation’s loss. Their pain is able to be present for the following rollcall our nation’s pain. Public service was his call- votes on December 14, 2010, and would like Wednesday, December 15, 2010 ing, and while his death leaves a void in the the RECORD to reflect that I would have voted Mr. KILDEE. Madam Speaker, I rise today lives of his family, friends, and comrades, Staff as follows: rollcall No. 628: ‘‘yes’’; rollcall No. to recognize Beulah B. Roman as she cele- Sergeant Ashlock’s patriotism, loyalty, and 629: ‘‘yes’’; rollcall No. 630: ‘‘yes’’. brates her 105th birthday on December 19. A

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.004 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS E2140 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2010 party will be held in her honor in Burton Michi- ter-in-law Star Bullock Coniglio and grand- but I have been fortunate enough to have gan to celebrate the occasion. daughter Margaux Isabella Coniglio; and his known him as a friend and mentor throughout Born in 1905 at Mandate Ohio, Mrs. Roman brother, Peter Coniglio. my adult life. I first met Buddy Frank over 25 relocated to Flint Michigan and worked at the Madam Speaker, Philip Mark Coniglio, Sr. years ago when he owned the Castle Spa res- Fisher Body Plant for 35 years retiring in touched the lives of many people in the com- taurant and I was an undergraduate at Provi- 1961. She has been an active member of Mt. munity. He will be missed and I know I speak dence College. Throughout my career, dating Olive Missionary Baptist Church, joining the for the whole House in honoring the life of this back to when I first sought elected office in the congregation in 1928. She has worked with dedicated and loving man. Rhode Island General Assembly in 1988, I the Missionary Society, the Ada Barry Bible f have turned to Buddy to be one of my most Class, and the Mother’s Board. She still at- trusted and reliable advisors. I’ve been hon- tends church services every Sunday. She is SENIORS PROTECTION ACT OF 2010 ored to be his ‘‘number one buddy,’’ but even also an avid golfer, bowler, reader and likes to more blessed to be treated as his ‘‘third son.’’ SPEECH OF solve crossword puzzles. I consider Buddy’s family to be my own; his Mrs. Roman has one son, a daughter-in- HON. DENNIS J. KUCINICH wife, Eugenia, his four children, Thomas, law, two grandchildren, four great-grand- OF OHIO Claire, Evelyn, and Richard, his sixteen grand- children, many nieces, nephews and numer- IN THE HOUSE OF REPRESENTATIVES children, Susan, Steven, Robert, Kathleen, ous friends. Cheryl, John, Erin, Robin, Kevin, Paul, Pam- Tuesday, December 14, 2010 Madam Speaker, please join me in con- ela, Mark, Claudia, Kristen, Lynn, and Laura, gratulating Beulah B. Roman as she cele- Mr. KUCINICH. Mr. Speaker, I rise in strong and eighteen grandchildren, Catherine, Mi- brates her 105th birthday. I wish her the best support of H.R. 5987, the Seniors Protection chael, Abigail, Katelyn, Jessica, Bryan, Wil- for the day and the coming year. Act of 2010. liam, Tyler, Zackery, Gillian, Seamus, Camp- f Earlier this year, the Social Security Admin- bell, Rory, Damian, Gian, Jacqueline, Nich- istration announced that for the second year in olas, and Timothy. They are all truly blessed PERSONAL EXPLANATION a row, Social Security beneficiaries would not to have a patriarch in the truest sense in be receiving a Cost of Living Adjustment, Buddy Frank, and I thank them for the oppor- HON. NITA M. LOWEY COLA, increase for the second year in a row. tunity to share him as a positive influence in OF NEW YORK This legislation provides seniors with an addi- my life. IN THE HOUSE OF REPRESENTATIVES tional $250 payment, equivalent to about a 2 Buddy Frank will be turning 104 years old percent COLA, to Social Security beneficiaries Wednesday, December 15, 2010 on December 24, 2010, and I wish him a next year. happy birthday. I also wish him all the best in Mrs. LOWEY. Madam Speaker, I regrettably A COLA increase is imperative for seniors his future endeavors. He will continue to carry missed rollcall votes on December 14. Had I who rely on their benefits to support them- my own admiration, and that of all who have been present, I would have voted in the fol- selves and their families. According to the had the privilege to work with him. lowing manner: Rollcall No. 628: ‘‘yea’’; Roll- Economic Policy Institute, 3.5 million seniors f call No. 629: ‘‘yea’’; and Rollcall No. 630: are below the poverty level. The Department ‘‘yea.’’ of Labor estimates that almost half of the 2 HONORING FRANKLIN COUNTY 4–H f million workers over the age of 55 have been unemployed for 6 months or longer. Yet as HON. BLAINE LUETKEMEYER IN HONOR OF PHILIP MARK more seniors experience poverty as a result of CONIGLIO, SR. OF MISSOURI the economic downturn, the calls for IN THE HOUSE OF REPRESENTATIVES privatizing and cutting Social Security in the HON. SAM FARR name of fiscal responsibility have grown loud- Wednesday, December 15, 2010 OF CALIFORNIA er. Privatizing Social Security will hurt the Mr. LUETKEMEYER. Madam Speaker, I ask IN THE HOUSE OF REPRESENTATIVES most vulnerable Americans such as women, my colleagues to join me in congratulating the Wednesday, December 15, 2010 minority communities and children—those Franklin County 4–H for 75 years of excel- Americans that are currently experiencing dis- lence. Mr. FARR. Madam Speaker, I rise today to proportionately the effects of the recession. The Franklin County 4–H organization origi- honor the life of Philip Mark Coniglio, Sr. who The Congressional Budget Office estimates nated with 10 members in 1935, and has recently passed away at the age of 85. I am that the program is fiscally sound for another grown into the largest 4–H organization in the honored that I have this opportunity to recog- 40 plus years. state, with 20 4–H clubs and 700 members. nize this great man as a prominent community It is our responsibility to guarantee seniors The members are led by over 300 adult and businessman and a wonderful friend. an adequate income after a lifetime of paying teen volunteer leaders. 4–H engages youth to Philip was born and raised in Monterey, into Social Security. We must shift the focus reach their fullest potential, while advancing California. He attended Monterey High School from cutting vital programs such as Social Se- the field of youth development in four different and Hartnell College. After serving in the Army curity to reviving our domestic manufacturing areas of focus: head, heart, hands, and from 1943 to 1945, Philip worked with his un- sector as a means to put Americans back to health. During the 75 year history, 52 adult cles growing grapes. This led Philip to take an work. volunteers have served for 20 or more years, interest in grapes and thus, the wine industry. I urge my colleagues to support this legisla- 9 of whom have served for 30 or more years, He owned and operated Mediterranean Market tion. a true testament to this important program. In for 41 years which was known as a landmark f its 75th year, the tradition of 4–H still remains for gourmet food and wines. strong throughout Franklin county. Philip was heavily involved in the commu- HONORING ‘‘BUDDY’’ FRANK I would like to take this time to commend nity; he was a member of the Knights of Co- DIPAOLO, JR. Franklin County 4–H for all their hard work, lumbus, Italian Catholic Federation, Paisano, and I ask that my colleagues join me in recog- Sierra Club, and the Compare Club. He also HON. PATRICK J. KENNEDY nizing them for a job well done. maintained a long-standing tradition of enter- OF RHODE ISLAND f taining and cooking dinner for family and IN THE HOUSE OF REPRESENTATIVES friends on Sundays. HONORING THE 20TH ANNIVER- I will always remember Philip as a traveler. Wednesday, December 15, 2010 SARY OF THE EAST BAY ECO- He had been around the world several times Mr. KENNEDY. Madam Speaker, I rise NOMIC DEVELOPMENT ALLIANCE and frequently visited the big island of Hawaii. today for the purpose of recognizing ‘‘Buddy’’ Philip is survived by his wife of 59 years, Frank DiPaolo, Jr. Earlier this year, Buddy HON. FORTNEY PETE STARK Carla Lepori-Pacini Coniglio; his daughter Frank retired at the age of 103 from his posi- OF CALIFORNIA Cara Mia Coniglio and granddaughter, Tiana tion as the doorkeeper at the Rhode Island IN THE HOUSE OF REPRESENTATIVES Marie Lagemann; daughter, Lisa Paula Kauf- House of Representatives, where he served mann and son-in-law, Mark Kaufmann and for the past 32 years. Wednesday, December 15, 2010 grandsons, Michael Colin and Patrick Joseph Not only has Buddy been an exemplary Mr. STARK. Madam Speaker, I rise to pay Kaufmann; son, Philip Coniglio Jr., and daugh- public servant for the State of Rhode Island, tribute to the 20th anniversary of The East

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.009 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS December 15, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2141 Bay Economic Development Alliance, known HONORING SERGEANT DENNIS PAYING TRIBUTE TO MR. TOM as East Bay EDA. On December 2, 2010, OSTERMAN HINZ East Bay EDA recognized their partnerships, collaborations and achievements, and high- HON. ADRIAN SMITH HON. STEVE KAGEN lighted the organization’s future initiatives and OF WISCONSIN OF NEBRASKA endeavors. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES East Bay EDA is a public-private partnership Wednesday, December 15, 2010 serving the San Francisco East Bay. Its mis- Wednesday, December 15, 2010 Mr. KAGEN. Madam Speaker, I rise here sion is to establish the East Bay as a well-rec- today to pay tribute to Mr. Tom Hinz as our ognized location to grow businesses, attract Mr. SMITH of Nebraska. Madam Speaker, I rise today to commend Sergeant Dennis superior Brown County Executive retires. Dur- capital and create quality jobs. It serves as a Osterman for his forty-five years of dedicated ing his time in office, Mr. Hinz has served the pivotal point for workforce development, and service to the Grand Island Police Department people and interests of Brown County to the provides regional initiatives for housing and and to the people of Grand Island, Nebraska. highest degree, and I ask my colleagues to land use, goods movement, and the develop- join me in honoring this remarkable individual. ment of water infrastructure. It promotes col- Osterman retired on August 27, 2010, as the longest-serving active police officer in the Tom Hinz has dedicated his life to public laboration on regulatory policy between local service. Well before he assumed his role as businesses and government agencies. The or- State of Nebraska. For nearly fifty years Ser- geant Osterman has embodied what it means Brown County Executive, Tom served in the ganization also promotes business retention to give back to one’s community. Army for three years followed by a long career best practices among East Bay cities, and has in local law enforcement. Viewed as a leader One year after completing his service to the coordinated the Bay Area’s efforts to prepare by his peers, Mr. Hinz was encouraged to run United States Army, Osterman continued to an economic recovery plan to increase the for and was elected to be Brown County’s defend and protect his country—only this time competiveness of the region. Sherriff after more than 30 years with the po- in a different uniform. Throughout his incred- lice force. His service to the public continued I congratulate East Bay EDA on 20 years of ible tenure, he had held several different roles as a member of the Brown County Board of exemplary service as the organization con- and accepted various responsibilities without Supervisors, where he served for two years tinues to evaluate and modify its work plan to hesitation. The police department and the before taking on the responsibility of being adjust to changes in the workforce, economy, Grand Island community have changed con- Brown County’s Executive during what would and State and local governments. I send best siderably since that June in 1964 when become the most challenging economic envi- wishes for many more years of exemplary Osterman joined the force but he has never ronment in decades. service. failed to be an invaluable role model and trust- Community leaders, lawmakers and serv- ed leader to the incoming generations of po- ants of the public across Northeast Wisconsin f lice officers and the Grand Island community hold Tom Hinz in no less than the highest re- at large. gard. A diplomatic problem solver and skilled IN HONOR OF DR. DICK B. I am impressed by Dennis’ life-long dedica- ‘‘COACH’’ LAWITZKE manager, Tom has been an extraordinary tion to the protection of the Grand Island com- asset to the community surrounding Green munity and I appreciate the sacrifices he has Bay and the 8th Congressional District of Wis- HON. SAM FARR made over the years. I wish him all the best consin’s largest county. as he starts his retirement and I hope he Among his many accomplishments, Mr. Hinz OF CALIFORNIA takes the time to enjoy the community which launched the LEAN initiative in Brown County he spent a lifetime protecting. IN THE HOUSE OF REPRESENTATIVES in 2009. This implemented techniques that have for years produced impressive results in Wednesday, December 15, 2010 f manufacturing environments, and adapted them to county government. As a result county Mr. FARR. Madam Speaker, I rise to re- HONORING DECEASED AMBAS- SADOR RICHARD HOLBROOKE employees are involved in an effective proc- member the life Dr. Dick B. ‘‘Coach’’ Lawitzke, ess that improves quality, reduces costs, and who passed away at the age of 84. I am hon- strengthens customer service. ored to recognize this great man who lived his HON. JOE WILSON Tom was also a key player in the construc- life helping others. OF SOUTH CAROLINA tion of the Brown County Community Treat- Dick graduated from Humboldt State Col- ment Center, the new 911 Communications IN THE HOUSE OF REPRESENTATIVES lege in 1950. Shortly after, he was drafted into Center and the ratification of a long-overdue the U.S. Army and married his college sweet- Wednesday, December 15, 2010 service agreement between Brown County heart, Millicent. They soon named the beau- and the Oneida Tribe of Indians. Mr. WILSON of South Carolina. Madam Madam Speaker, as Mr. Tom Hinz cele- tiful Monterey Peninsula home. He became Speaker, I rise today in honor of Ambassador Superintendent, Principal, teacher, and bus brates his retirement, I ask my colleagues to Richard Holbrooke and his diplomatic career join me in saluting this exemplary citizen and driver of Carmelo Elementary School from which lasted the better part of five decades. 1956 to 1958. Dick was also a sports enthu- his lifetime of service to the nation and the Ambassador Holbrooke’s decorated career communities of Northeast Wisconsin. siast which is why many remember him simply spanned the globe from Asia to Europe with as ‘‘Coach’’. He was Athletic Director at Car- stops at the U.S. State Department, United f mel High School and coached championship Nations, and most recently, as Presidential HOUSTON, TEXAS, PROPERTY teams in basketball and football. envoy on Afghanistan-Pakistan policy. His CONVEYANCE I believe that every community needs a per- service shaped American foreign policy in son like Dick; he was always involved in pro- such troubled areas as the Balkans and most SPEECH OF grams positively influencing kids and adamant recently in leading the U.S. in Afghanistan. I HON. SHEILA JACKSON LEE concur with the sentiments of many of my col- about adult education. We were close and re- OF TEXAS leagues in that his stellar service is deeply ap- mained in close contact until recently. IN THE HOUSE OF REPRESENTATIVES preciated and held in the highest esteem. As Dick leaves his wife, Millicent; children co-chair of the Afghanistan Caucus, I espe- Tuesday, December 14, 2010 Loree Burroughs, Amy Consul, and Milton cially appreciate his promotion of a civil, Ms. JACKSON LEE of Texas. Mr. Speaker, ‘‘Mo’’ Lawitzke; grandchildren Travis Fluegge, democratic society for the people of Afghani- I rise today in strong support of H.R. 6510. Edward Lee Lawitzke, Cayden and Ian Bur- stan. Ambassador Holbrooke will be deeply First, I would like to thank Ron Kendell, Elliot roughs, and Margo and Nina Consul. missed. Doomes, Ward McCarrington, Johanna Hardy, Madam Speaker, I know that the Carmel I would like to express my condolences to Major Keithen Washington and Shashrina area community will continue to benefit from his wife, Kati, his two sons, and two step- Thomas for their tireless efforts in moving this the work that Dick ‘‘Coach’’ Lawitzke did and children along with the rest of the Holbrooke bill. I would also like to thank the co-sponsors that he is a shining example to those who family. My thoughts and prayers are with his of this bill and my colleagues: Representa- were inspired to continue his work. family at this difficult time. tives: MARIO DIAZ-BALART, TED POE, ILEANA

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ROS-LEHTINEN, CHARLES GONZALEZ, HENRY Our nation is founded on the principles, laid PERSONAL EXPLANATION ‘‘HANK’’ JOHNSON and RALPH HALL. I intro- out in the Declaration of Independence, that duced this bill requesting that the Adminis- ‘‘all men are created equal,’’ ‘‘that they are en- HON. CAROLYN McCARTHY trator of General Services convey land to the dowed by their Creator with certain OF NEW YORK Military Museum of Texas. unalienable Rights,’’ and ‘‘that among these IN THE HOUSE OF REPRESENTATIVES The Military Museum of Texas was formed are Life, Liberty, and the pursuit of Happi- to create, maintain and operate an institution ness.’’ At various points in our history as a na- Wednesday, December 15, 2010 to honor and perpetuate the memories of all tion, we have found need to send our sons Mrs. MCCARTHY of New York. Madam men and women who have served in the and daughters, our most precious resources, Speaker, I was unavoidably absent on Decem- Armed Forces of the United States of Amer- overseas to fight in defense of these great ber 14, 2011. If I was present, I would have ica. The President of the Military Museum of principles. At times when the need is greatest, voted on the following: S. 1405—rollcall No. Texas, Ed Farris, a former Marine sergeant, America’s soldiers have always stepped up to 628: ‘‘yea’’; S. 3167—rollcall No. 629: ‘‘yea’’; and a 22-year veteran of the Houston Police protect our nation. and H.R. 6510—rollcall No. 630: ‘‘yea.’’ Department’s motorcycle patrol and bomb f squad, has worked tirelessly to preserve the And so, today, I hope we will all take time memories of the men and women of the from our daily lives to reflect upon the sac- RECOGNIZING THE ACCOMPLISH- armed forces. They paid with their lives and rifices made by those who serve in our armed MENT OF LORRAINE DARWIN their youth to ensure that the United States re- forces, and to resolve together that we will mains a free and prosperous nation. It is im- provide returning veterans with the welcome, services, care, and compassion that they de- HON. JOHN BOOZMAN portant that we support Mr. Farris and the OF ARKANSAS board members of the Military Museum of serve—a Museum of reflection. As we con- IN THE HOUSE OF REPRESENTATIVES Texas to honor and recognize the men and sider H.R. 6510, let us all remember the one women, living and dead, who have served in thing that makes our nation truly great are the Wednesday, December 15, 2010 young men and women willing to fight to de- the armed forces of the United States. The Mr. BOOZMAN. Madam Speaker, I rise fend it, to defend us, and to defend our way museum provides a way to hold them up as today to recognize Lorraine Darwin for her of life. Join me and support H.R. 6510. the heroes they are. outstanding contributions to Arkansas stu- Mr. Speaker, our freedom is intertwined with Memories fade all too quickly, and we are dents. Lorraine’s efforts in the classroom the sacrifices of our Veterans, whose devotion losing about 1000 WWII veterans every day. It earned her the highest recognition that can be to our way of life is unparalleled. I am privi- is important that we record and preserve the bestowed upon our Nation’s kindergarten leged to honor their sacrifices and the role memories of these veterans so that future through 12th grade mathematics and science they play in our nation by introducing House generations can understand the sacrifices of teachers for outstanding teaching, the Presi- Resolution 6510. our veterans. The Museum is a place for pres- dential Awards for Excellence for Mathematics Our nation and veterans from the great ervation of military memorabilia, personal sto- and Science Teaching. State of Texas have a proud legacy of appre- ries, artifacts and the history of past wars to As the Pre-AP Precalculus/Trigonometry ciation and commitment to the men and remember American veterans and their sac- and AP Calculus Teacher and the Mathe- women who have worn the uniform in defense rifices. matics Department Chairperson at Cabot High of this country. We must be united in seeing School in Cabot, Arkansas, Lorraine exempli- that every soldier, sailor, airman, marine, and It is remarkably easy for succeeding genera- fies what it means to be an outstanding edu- coast guardsmen has a place of memory, tions to forget why we enjoy the freedoms we cator. Her techniques to engage students in pride and honor, in which the Military Museum do in our country. The Museum seeks to edu- math and improve their understanding of this of Texas provides. cate the public about the sacrifices of our vet- Today, we continue to be engaged in hos- erans that gave us those freedoms. discipline have been noticed by her students, tilities in Afghanistan, and young men and It is difficult for those who have not served their parents and her colleagues. women will pay the ultimate price while wear- in combat to understand the horrors our vet- Lorraine’s teaching is held in high regard, ing the uniform of our nation. Let us honor the erans endured and the trauma that still affects one of 103 teachers chosen for this award and memory of the 4,400 Americans who have their lives. Veterans themselves conduct tours one of only 51 mathematics teachers. This died in Iraq and more than 1,300 who have and convey their personal experiences to visi- truly is a major accomplishment in her career. died in Afghanistan. We also honor the sac- tors. Her passion for teaching not only helps her students, but also inspires those who work rifices of our wounded: nearly 32,000 U.S. The Museum provides a place where vet- troops in Iraq and 9,000 in Afghanistan. with her to do their best to encourage further erans can congregate and discuss their expe- development in the classroom. Throughout the Military Museum of Texas, riences, and in the process, heal. It also per- Americans will learn from the surviving World I would like to offer my appreciation for the mits them to talk about their experiences with War II veterans to the veterans of Operation work of Lorraine Darwin and her determination museum visitors. Enduring Freedom and Operation Iraqi Free- to provide her students with the best math dom. Soldiers currently serving in places such as education as we work to keep America com- In the words of President John F. Kennedy, Iraq and Afghanistan need to know that the petitive in an increasingly high tech and ‘‘As we express our gratitude, we must never people back home in the great state of Texas science oriented global economy. forget that the highest appreciation is not to support them. Volunteers at the Military Mu- f utter words, but to live by them.’’ It is not sim- seum of Texas prepare and send care pack- ply enough to sing the praises of our nation’s ages to troops who are serving overseas and ON WELCOMING THE RELEASE OF great veterans; I firmly believe that we must are patients in military hospitals recovering BURMESE DEMOCRACY LEADER demonstrate by our actions how proud we are from wounds. The Military Museum of Texas AND NOBEL PEACE PRIZE LAU- of our American heroes. Join me and support also hosts reunions, participate in parades and REATE AUNG SAN SUU KYI H.R. 6510. I firmly believe that we should cel- other events in the Houston, Texas area. ebrate our veterans after every conflict, and I The Military Museum is a pillar in the com- HON. ALCEE L. HASTINGS remain committed to both meeting the needs munity, and a benefit to schools, veterans and OF FLORIDA of veterans of previous wars, and to provide a military related groups. It provides educational IN THE HOUSE OF REPRESENTATIVES fitting welcome home to those who are now programs, live reenactments from military per- Wednesday, December 15, 2010 serving. sonnel as well as interactive exhibits. Further- Mr. HASTINGS of Florida. Madam Speaker, Currently, there are 23 million veterans in more, the Military Museum provides intern- I rise today to introduce a House resolution the United States. There are more than ships in military history and preservation, and welcoming the release of Burmese democracy 1,626,000 veterans living in Texas and more a research database available for education leader and Nobel Peace Prize Laureate Aung than 32,000 veterans living in my Congres- and historical institutions and the public. sional district alone. H.R. 6510 will allow Con- San Suu Kyi from house arrest on November gress to express our appreciation to those Let us continue to preserve and honor the 13, 2010. Daw Aung San Suu Kyi had been who have answered the call to duty. As the memory of those who defend our freedom and imprisoned in Burma for 15 of the last 21 great British leader Winston Churchill famously liberty. years. She was first put under house arrest on stated, ‘‘Never in the field of human conflict Mr. Speaker, I strongly support H.R. 6510, July 20, 1989, and was offered freedom if she was so much owed by so many to so few.’’ and ask for its immediate adoption. left the country, but refused.

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.018 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS December 15, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2143 Even under house arrest, Daw Aung San lence, democratic progress, and for the re- His family worried for him, but he knew what Suu Kyi demonstrated unwavering and deter- lease of all prisoners of conscience in Burma. he had to do. mined political leadership, provided inspiration, f After training at Fort Benning and Fort and garnered respect from the people of Drum, Private Cortes was sent to Iraq in Sep- Burma and democracy-loving people around DISTRICT OF COLUMBIA ENACT- tember of 2007. As a rifleman in the Infantry the world. MENT OF NATIONAL POPULAR Squad with Charlie Troop, 1–71 Cavalry As one of the world’s only imprisoned recipi- VOTE Squadron, Private Cortes performed weapons ents, she was awarded the Nobel Peace Prize searches and humanitarian aid missions to in 1991 for her nonviolent struggle against op- HON. CHELLIE PINGREE help the local Iraqi people. pression, with the Norwegian Nobel Com- OF MAINE He loved the Army, and was prepared to mittee citing her as ‘‘one of the most extraor- IN THE HOUSE OF REPRESENTATIVES make it his career. His family has described dinary examples of civil courage in Asia in re- Wednesday, December 15, 2010 how proud he was to protect his country. He cent decades.’’ said the military was his ‘‘calling.’’ Ms. PINGREE of Maine. Madam Speaker, I Today, however, we must not rejoice. Daw On November 27, 2007, just after Thanks- rise today to recognize and congratulate the Aung San Suu Kyi has called on all world giving, Private Cortes was out on one of his District of Columbia for its recent enactment of leaders to stay focused on the plight of each combat patrols when an improvised explosive the National Popular Vote bill, which would one of the millions of Burmese struggling device was detonated near his vehicle in guarantee the Presidency to the candidate against the military rule, on the over two thou- Amerli, Iraq—about 100 miles north of Bagh- who receives the most popular votes in all 50 sand two hundred political prisoners suffering dad. unjustly in Burmese prisons, and the thou- states and the District. Private Cortes was killed instantly, along Just a few weeks ago, Mayor Fenty signed sands of women and children being systemati- with Specialist Benjamin Garrison, in the road- this important legislation, which was passed cally raped and taken as sex slaves and por- side attack. He was only 26 years old. by unanimous consent by the D.C. Council. ters for the military whose rule they suffer His awards and honors include the Purple National Popular Vote is now law in 7 jurisdic- under. Heart, the Bronze Star, the National Defense tions, and has been passed by 30 legislative Aung San Suu Kyi was awarded both of the Service Medal, the Iraq Campaign Medal, the chambers in 21 states. highest civilian awards in the United States: Global War on Terrorism Service Medal and The shortcomings of the current system the Presidential Medal of Honor in 2000 which the Army Service Ribbon. stem from the winner-take-all rule. Presidential recognizes those individuals who have made The Bronx, the Congress and the Nation will candidates have no reason to pay attention to ‘‘an especially meritorious contribution to the always remember Private Cortes as a deco- the concerns of voters in states where they security or national interests of the United rated soldier. But, I would also like to take a are comfortably ahead or hopelessly behind. States, world peace, cultural or other signifi- moment to ensure we forever remember In 2008, candidates concentrated over two- cant public or private endeavors’’ and, in Isaac, the man. thirds of their campaign visits and ad money 2008, the Congressional Medal of Honor for Isaac lived by the motto ‘‘Go big or go in just six closely divided ‘‘battleground’’ her ‘‘courageous and unwavering commitment home.’’ He was known for his big heart and states. A total of 98 percent of their resources to peace, nonviolence, human rights, and de- his loving ways, which his family continues in went to just 15 states. Voters in two thirds of mocracy in Burma.’’ his honor through blood donation events and the states are essentially just spectators to In one of her most famous speeches, she clothing, food and toy drives. presidential elections. poignantly conveyed: ‘‘It is not power that cor- He was known to his neighbors as a smiling Under the National Popular Vote, all the rupts but fear. Fear of losing power corrupts face and a helpful hand, always willing to help electoral votes from the enacting states would those who wield it and fear of the scourge of carry groceries. be awarded to the presidential candidate who power corrupts those who are subject to it.’’ Even while overseas, his family was always receives the most popular votes in all 50 Even Aung San Suu Kyi herself freely notes in his heart, including his parents, grand- states and DC. The bill assures that every that her release does not constitute a change parents, brother, nieces, aunts, uncles and vote will matter in every state in every Presi- in the military junta regime’s choices in leader- cousins. And above all, he loved the little girl dential election. ship. Six days before her release were the that he raised as his own daughter. I look forward to more states, all across the highly-contested November 7th Burmese elec- His family has kept his memory alive, and country passing this important piece of legisla- tions, which were clearly based on a fun- today we take the next step in honoring this tion. damentally flawed process and demonstrated Bronx native and his service to the United the regime’s continued preference for repres- f States. sion and restriction. PRIVATE ISAAC T. CORTES POST Renaming the post office in the neighbor- Aung San Suu Kyi’s freedom must not be OFFICE hood where he grew up after him will serve as restrained. She must be able to travel freely a reminder to us all of his courage, integrity without fear of her recapture at any given mo- SPEECH OF and sacrifice. This legislation will ensure that ment. Furthermore, this resolution calls for the HON. JOSEPH CROWLEY his service and his spirit will never be forgot- immediate and unconditional release of all po- OF NEW YORK ten. litical prisoners and prisoners of conscience in IN THE HOUSE OF REPRESENTATIVES f Burma, including Aung San Suu Kyi’s sup- porters in the National League for Democracy Tuesday, December 14, 2010 WILL CHRISTIANITY SURVIVE IN and ordinary citizens of Burma, including eth- Mr. CROWLEY. Mr. Speaker, I rise in sup- IRAQ? nic minorities, who publicly and courageously port of H.R. 6205, to honor Private Isaac T. speak out against the regime’s many injus- Cortes, a Bronx native who was killed in com- HON. FRANK R. WOLF tices. bat in Iraq. OF VIRGINIA The ruling junta in Burma must be denied This legislation would rename the post office IN THE HOUSE OF REPRESENTATIVES hard currency to continue its campaign of re- in his hometown in his honor. Wednesday, December 15, 2010 pression and we can do that by working with Private Cortes was a son of the Bronx—he governments around the world to strengthen grew up in the Parkchester neighborhood, at- Mr. WOLF. Madam Speaker, I submit for sanction regimes against Burma. And, it is tending local public schools and Christopher the RECORD a letter I received from the time for the Administration to appoint a United Columbus High School. Chaldean Assyrian Syriac Council of America States Special Coordinator for Burma. His love for his hometown led him to work regarding the plight of Iraq’s ancient Christian Madam Speaker, today the House of Rep- as a security guard at Yankee Stadium, a job community, which is increasingly under as- resentatives has the opportunity to celebrate that he was so proud to hold and that inspired sault and facing near extinction from the lands Daw Aung San Suu Kyi’s freedom. And, yet, him to a lifetime of service. While planning to they have inhabited for centuries. The Wall we celebrate with a heavy heart for all of the become a New York City Police Officer, he Street Journal just yesterday noted on its edi- millions still suffering in Burma. I urge my col- decided to strengthen his skills and serve his torial page that ‘‘some still speak the Aramaic, leagues to stand firmly in solidarity with Aung country by joining the U.S. Army in 2006. the ancient language of Jesus Christ.’’ San Suu Kyi and the people of Burma with Private Cortes knew that this choice was The Journal further noted that of ‘‘the your support of the passage of this resolution, dangerous. He also knew he would likely be 100,000 Christians who once lived in Mosul, human rights, an end to the junta-imposed vio- sent to Iraq. Iraq, only some 5,000 are still there.’’

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.022 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS E2144 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2010 While the situation in Iraq is perhaps the As a result of the turbulence caused by a H.R. 4173, THE DODD-FRANK WALL most glaring, it is but representative of a larger pattern of religious persecution and ethnic STREET REFORM AND CON- trend in the Middle East where religious mi- intolerance, the Christians of Iraq main- SUMER PROTECTION ACT—CLAR- norities face growing discrimination, repression tained themselves in the area of northern IFICATION OF INTENT WITH RE- and outright persecution. The Journal contin- Mesopotamia or Assyria, also known as the SPECT TO TITLE V, SUBTITLE B Nineveh Plain. Here, and in the surrounding ued, ‘‘In Egypt, Coptic Christians have been areas, they maintained their religious and brutalized. Assaults on churches increase ethnic identity and lived in hundreds of vil- HON. DENNIS MOORE around Easter or Christmas, as worshipers at- lages that dotted the landscape around the OF KANSAS tempt to observe holy days.’’ Tigris River until the coming modernity, at IN THE HOUSE OF REPRESENTATIVES During this season of Advent as millions which time they suffered massacres and around the world anticipate Christmas, let us genocides at the hands of the Ottomans and Wednesday, December 15, 2010 be mindful of the fear gripping these commu- their supporters. The First World War saw Mr. MOORE of Kansas. Madam Speaker, nities and commit ourselves to prioritizing their the uprooting and destruction of hundreds of as a House conferee for H.R. 4173, the Dodd- protection and preservation throughout the Aramaic-speaking Christian villages in what Frank Wall Street Reform and Consumer Pro- Middle East. We have a moral obligation to do is today Southeastern Turkey, Northwestern tection Act (‘‘Dodd-Frank Act’’), and the chief nothing less. For as the famed abolitionist Wil- Iran, and Northern Iraq. Still, the Christian sponsor of the Nonadmitted and Reinsurance liam Wilberforce once said, ‘‘Having heard all population survived, with its ethnic and reli- Reform Act (NRRA) that was included as Title gious identity intact. this, you may choose to look the other way, V, Subtitle B of the Dodd-Frank Act, I rise to but you can never again say that you did not The formation of the Kingdom Iraq re- reaffirm these important provisions. The Presi- know.’’ sulted in further tragedy for Christians, with dent signed the Dodd-Frank Act into law ear- the most infamous being the Semele Mas- I close with the solemn warning of the lier this year (P.L. 111–203). sacre; where thousands of women, children, Chaldean Assyrian Syriac Council of America The NRRA seeks to address an issue that to President Obama, in a letter sent this No- and unarmed men were slaughtered in cold blood, after being given assurances of protec- most people have never heard of. But it is an vember, in which they noted that the current tion by the Iraqi government. Crowds in issue that we in this House have successfully situation in Iraq ‘‘promises more innocent Baghdad streets jubilantly welcomed Iraqi addressed a number of times in the past few Christian blood in Iraq, more turmoil in that soldiers in what may be one of the most years, and one that affects the lives of millions country, and more shame for America.’’ shameful displays in Iraqi history. of Americans, individuals and businesses CHALDEAN ASSYRIAN SYRIAC Despite the tragedies, the Christian popu- large and small. COUNCIL lation recovered and helped usher in an age Non-admitted insurance, or surplus lines, is OF AMERICA, of education and enlightenment for Iraq. specialty insurance you cannot purchase in Southfield, MI, December 6, 2010. Christians made up the most prominent doc- the traditional, admitted market. Often called Congressman FRANK WOLF, tors, engineers and scientists in Iraq. As any House of Representatives, Cannon Building, the ‘‘safety net’’ of the insurance market, sur- knowledgeable Iraqi would attest, they con- Washington, DC. plus lines provides for coverage when the tra- stituted, as a group, the most valuable DEAR CONGRESSMAN WOLF: We are wit- ditional market is not available. This is insur- nessing a tragic and historic event: The end human asset Iraq had. And despite the re- ance for satellites, toxic chemicals, new inven- of Iraq’s native Christian community. And, gime of Saddam Hussein, though politically tions, or insurance on homes and businesses even more tragically, this has happened due repressed, Christians excelled in business and science. in a scarce market. in part because of failed U.S. Policy, with With my distinguished colleague from New the majority of congressional members tak- Today, this minority may not be so lucky. ing little or no notice of the destruction of Jersey, Mr. GARRETT, I sponsored the Non- The massacre that took place in the Lady of admitted and Reinsurance Reform Act to fix an ethnic and religious identity few know Salvation Church on Sunday, October 31, about. 2010, and the subsequent targeted killings the fragmented, cumbersome regulation of this The Christians of Iraq are also known as afterwards, has many Christian leaders important marketplace. The goal of the NRRA Assyrians, Chaldeans, Syriacs or Arameans speaking of leaving Iraq for good. Recently, was not to eliminate regulatory protections, but (or even ChaldoAssyrians or Chaldean Syriac Archbishop Athanasios Dawood of the Syriac to streamline the regulatory regime to enable Assyrians). They are the heirs of the ancient Orthodox Church is saying. ‘‘I say clearly insurers and brokers to more easily and effi- and pre-Christian civilization of Meso- potamia, the descents of the Assyrians and and now—the Christian people should leave ciently comply with state rules and provide Babylonians of old. They are also the de- their beloved land of our ancestors and es- much-needed insurance protections to con- scents of the first Semitic-speaking Chris- cape the premeditated ethnic cleansing,’’ he sumers. The law accomplishes this by giving tians, whose churches spanned the entire told BBC. ‘‘This is better than having them sole regulatory authority over a surplus lines Middle East and reached China and Japan. killed one by one.’’ transaction—including the authority to collect At one time, what is today known as the As- Scholars Eden Naby and Jamsheed Chosky premium taxes—to the home state of the in- syrian Church of the East had more adher- recently wrote in Foreign Policy that the sured. ents than the Catholic and Protestant end of Christianity in Iraq is near. In a letter The NRRA passed the House four times— Churches combined. Their language is Ara- to President Obama, the Chaldean Assyrian maic, the language of Jesus Christ. three times as a stand-alone measure and, fi- Syriac Council of America, an organization nally, as part of the Dodd-Frank Act. With the Mesopotamia holds a special place in Bib- serving this community in the United lical history. It is the land from which Abra- States, noted that the current situation law’s enactment, the responsibility for imple- ham left his home, ‘Ur of the Chaldees;’ ‘‘promises more innocent Christian blood in mentation moves to the states. I’m told that where the Hebrew people lived their cap- Iraq, more turmoil in that country, and the National Association of Insurance Com- tivity and survived into the modern era; missioners (NAIC) is moving swiftly to draft a where the fall of Nineveh was foreseen by the more shame for America.’’ Prophet Nahum, whose grave lies in Alqush, As members of the world community, and model agreement and statutory language to in Nineveh, the ancient capital of Assyria as Americans, we bear a responsibility not to enable the states to collect and share surplus visited by the Prophet Jonah; where Nebu- allow the disintegration and destruction of lines premium taxes. This sounds like a prom- chadnezzar rebuilt the glorious Babylon this community. Clearly, our entry into Iraq ising start, but only if the agreement and au- where the Prophet Daniel lived. has caused consequences that we cannot thorizing legislation are in keeping with the let- During the Abbasid Caliphate in Baghdad walk away from. ter and spirit of the NRRA: to provide a sim- (758–1258 AD), Mesopotamia’s Christians con- tributed greatly to the advancement of Is- Iraq’s Christians have a unique heritage pler, uniform tax reporting and payment proc- lamic civilization through their literary and whose loss will be mourned by not only Iraq, ess with a single payment, to the insured’s scientific accomplishments, including the but the United States and the World. Some home state, for each transaction. translations of important Greek works into have proposed a wholesale evacuation of this Premium tax simplification, while important, Syriac (Aramaic) and Arabic. It was through community in order to save it. Yet, there are is but one part of the NRRA’s goals. The such accomplishments that the West came to other viable options; such as the recognition broader intent of the law is to provide a com- know of the ‘‘Golden Age’’ of Islamic civili- of an autonomous zone to be protected and prehensive, uniform solution to the current zation and the Caliphate of Baghdad. Indeed, monitored by the United Nations and the regulatory mess by addressing the full spec- the very existence of the ‘‘House of Wis- United States. It is time to consider the dom,’’ an institution dedicated to the trans- plight of this community seriously and pro- trum of surplus lines regulation: declination lation and documentation of all knowledge pose action. and reporting requirements, broker licensing on philosophy, mathematics, astronomy, and Regards, requirements and electronic processing, in- other sciences into Arabic at the time owes ISMAT KARMO, surer eligibility standards, and treatment of so- itself to the Christians of Iraq. Chairman. phisticated commercial purchasers. Most of

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.025 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS December 15, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2145 the provisions of the law will become effective grateful for and appreciative of all that John 99-YEAR TRIBAL LEASE next July without state action—as I mentioned, Arnold has done to aid the poor and hungry AUTHORITY ACT the rules of the insured’s home state govern people in Western and Northern Michigan. He multi-state transactions and the insurer eligi- serves as a model for all food bank directors SPEECH OF bility requirements and sophisticated commer- and executives across our Nation. HON. PETER A. DeFAZIO cial purchaser standards are set forth in the f OF OREGON federal law. IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO AIR FORCE SENIOR Having said that, however, in order to truly Tuesday, December 14, 2010 realize the promise of the new law, the states AIRMAN MARK ANDREW FOR- need to take this opportunity to adopt a single ESTER Mr. DeFAZIO. Mr. Speaker, S.1448 is iden- set of uniform surplus lines regulatory require- tical to legislation that I introduced in the ments—requirements that are not just similar HON. ROBERT B. ADERHOLT House of Representatives with Representative but the same in every state. I have no stake OF ALABAMA SCHRADER in March. The bill accomplishes two in how this is accomplished—by individual IN THE HOUSE OF REPRESENTATIVES things: 1) it corrects a disparity between feder- state laws based on NAIC or NCOIL models, Wednesday, December 15, 2010 ally recognized tribes in Oregon in how these tribes lease land held in trust, and 2) it through a standard-setting compact (which is Mr. ADERHOLT. Madam Speaker, one of authorized under the NRRA), or in some other incentivizes long term investment that will at- the most somber and humbling duties of our tract businesses and create jobs for Oregon manner. But it can and should be done—and jobs is when we attend the funerals of our fall- the states should realize that now is the time tribes and nearby communities. en soldiers, sailors, airmen, and marines. On Currently, four of the nine federally recog- to do it. October 7, 2010, I attended such a funeral for I urge the Congress to continue closely nized tribes in Oregon are able to lease land a fallen airman who not only was my con- monitoring the full implementation of these im- held in trust by the federal government for up stituent, but was a family I had grown up with. portant provisions. to 99 years without going through a maze of I would like to pay tribute to this American bureaucracy and red tape at the Bureau of In- f Patriot from my hometown of Haleyville, Ala- dian Affairs. The 99 year lease authority is A TRIBUTE TO JOHN ARNOLD bama, who was killed in action on September crucial to attracting and retaining long-term in- 29, 2010, in the Uruzgan Province of Afghani- vestment, incentivizing economic development stan. projects on trust land, and creating jobs for HON. VERNON J. EHLERS Air Force Senior Airman Mark Andrew For- OF MICHIGAN communities that need them the most. ester paid the ultimate sacrifice to defend our But five of Oregon’s nine federally recog- IN THE HOUSE OF REPRESENTATIVES great nation. Mark was assigned to the 21st nized tribes—the Coquille, the Confederated Wednesday, December 15, 2010 Special Tactics Squadron at Pope Air Force Tribes of the Siletz, the Confederated Tribes Mr. EHLERS. Madam Speaker, I rise today Base, North Carolina. He served as an Air of the Coos, Lower Umpqua, and Siuslaw, the to honor John Arnold, the Executive Director Force Combat Controller and was embedded Klamath, and the Burns Paiute do NOT have of the Feeding America West Michigan Food with a Special Forces Unit in Afghanistan. this important authority. These tribes are lim- Bank. After working tirelessly for 28 years to When I think of a young man like Mark, I ited to 25 year leases or must rely on a lethar- help feed the hungry, John is retiring due to think of words like; honor and bravery. ‘‘Great- gic BIA to approve longer leases on an indi- his advanced, inoperable cancer. My prayers er love hath no man than this, that a man lay vidual basis. and heartfelt thanks go to John and his family. down his life for his friends.’’—John 15:13. S.1448 fixes this disparity and gives all nine As the Executive Director for the West Mark died while protecting his friends and fel- federally recognized tribes the same authority Michigan Food Bank for the past 21 years, low service members. to pursue economic development and job-cre- In the fall of 1864, President Abraham Lin- John has run one of the most innovative food ating activities on land held in trust. coln, wrote the following message to the moth- banks in the entire country. During his career, The bill enjoys bipartisan support, has no er of a fallen soldier. ‘‘I pray that our Heavenly John has helped secure and distribute more opposition in the state of Oregon, and passed Father may assuage the anguish of your be- than 300 million pounds of food aid across the U.S. Senate without amendment and by reavement and leave you only the cherished Michigan. unanimous consent. This is a no-brainer. It’s In an ambitious effort to end hunger memory of the loved and lost, and the solemn good for the Tribes. It’s good for rural and trib- throughout Michigan, John’s food bank took pride that must be yours to have laid so costly al communities. The bill will create jobs and on the challenge of adding the Upper Penin- a sacrifice upon the altar of freedom.’’ Presi- incentivize financial investment. I ask my col- sula of Michigan to their service area. In addi- dent Lincoln’s words ring more powerful today leagues to pass this bill today on suspension tion to extending service to remote rural areas, than ever before. and send it to President Obama for his signa- Mark earned numerous awards during his John has developed more than 1,300 outlets ture. service including a Bronze Star with Valor and for food, to ensure that every person in their f a Purple Heart. 40-county service area has reasonable access It is an honor to be able to say that I was HONORING SERGEANT MATTHEW to food aid. associated with Mark and his family over the THOMAS ABBATE The West Michigan Food Bank is so suc- years. Our thoughts and prayers continue to cessful that it is able to provide food for less be with Mark’s family and all those who knew than a tenth of what it would cost at a grocery HON. BARBARA LEE and loved him. store. In 2010, the food bank expects to hit OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES the 25 million pound mark for distributed food. f In 1994, under John’s leadership, the food PERSONAL EXPLANATION Wednesday, December 15, 2010 bank launched their ‘‘Waste Not, Want Not Ms. LEE of California. Madam Speaker, I Project’’ with Michigan State University, to de- HON. GARY C. PETERS rise today to honor the extraordinary life of termine how communities in America can ade- OF MICHIGAN Matthew Abbate, Sergeant of the United quately address their hunger problems. This IN THE HOUSE OF REPRESENTATIVES States Marine Corps. Loved and respected by project has won international awards and has his family, friends and fellow Marines, Ser- Wednesday, December 15, 2010 allowed the food bank to meet its goal of 15 geant Abbate was killed in the line of duty in percent growth per year until all needs are Mr. PETERS. Madam Speaker, on Decem- Afghanistan on December 2, 2010. It was his met. ber 9, 2010 I missed rollcall vote No. 627 be- second tour of duty. As a participant in my church’s food distribu- cause I was attending a White House signing At just 26 years of age, Sergeant Abbate tion program in Grand Rapids, I recognize full ceremony for the Animal Crush Video Prohibi- had already accomplished many things—in- well the dramatic impact a little food aid can tion Act of 2010—legislation which I helped cluding his life-long dream of joining the Ma- make in the lives of struggling families. author. Had I been present I would have voted rine Corps. He had traveled the world, started Although John’s life may regrettably be cut in favor of H.R. 6412, the Access to Criminal a family, and achieved satisfaction and rec- short by his aggressive cancer, he should take History Records for State Sentencing Commis- ognition in his military career. comfort in knowing that his efforts have helped sions Act of 2010, legislation which will help Sergeant Abbate grew up in Piedmont, Cali- save and improve the lives of thousands of improve criminal sentencing procedures in fornia with his father Sal Abbate, a local busi- hungry people across Michigan. We are most states throughout the country. ness owner, and his stepmother Jane

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.027 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS E2146 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2010 Whitfield. He attended Beach Elementary Matawan, New Jersey as the parishioners zations, and most recently the Talk Magazine School, Piedmont Middle School and Pied- gather to celebrate the church’s 120th anniver- 2009 Person of the Year. mont High School for his freshman year, be- sary. Members of the congregation enthu- Even before attaining his executive position fore residing with his mother and stepfather, siastically dedicate their time to religious serv- in Harrisburg, Mr. Floyd amassed a wealth of Karen and James Binion, in Fresno, California. ice in Matawan and its surrounding commu- experience and accomplishment that spans As a youth, Matthew Abbate was charming, nity. Their actions are undoubtedly deserving North America. A graduate of the University of athletic, independent and free-spirited. After of this body’s recognition. Kansas, Homer Floyd played Canadian pro- graduating from high school in 2002, he The Second Baptist Church of Matawan fessional football for the Edmonton Eskimos. moved to Hawaii in search of work that would was founded in 1890 and continues to build He worked as a recreation supervisor in Kan- support his interest in world travel. upon its rich history. Under the leadership of sas City, Missouri, and directed a civil rights As an employee on the Norwegian Star Reverend Stephen Moore, Reverend Jeffrey commission with jurisdiction across the Dako- cruise ship, he enjoyed adventures throughout Gray, Deacon Willie Kiah and the Church tas, Missouri and Kansas. He consulted with Asia and the Pacific, including Thailand, Aus- Board of Officers, the Second Baptist Church the government of the Virgin Islands and tralia, Fiji and the Panama Canal. Following of Matawan provides a harmonious environ- worked with the U.S. Equal Opportunity Em- those travels, he attained his goal of enlisting ment for members of the congregation and the ployment Commission in Washington. Since in the Marine Corps, and, by the age of 20, community to build upon their faith. Faithfully his arrival in Harrisburg he has donated his was training for his first 10-month tour of duty serving the members of its congregation, the time to a long list of boards and committees in Iraq. Second Baptist Church of Matawan adheres to and has volunteered on behalf of the Com- Sergeant Abbate’s passion and steadfast their principles of individual freedom in matters monwealth of Pennsylvania and numerous dedication to the Corps led him to re-enlist of faith. They continue to welcome new mem- community, sports, youth and civil rights orga- after finishing his first tour, and to spend a bers to their congregation. They have imple- nizations in central Pennsylvania. He was year in sniper training. Just three months into mented numerous ministries and continue to married to the late Mattie Longshore and has his mission in Afghanistan, Sergeant Abbate’s assist ailing members of the community. Their three children and three grandchildren. commitment to service resulted in the ultimate humble actions and service to the community Now Homer C. Floyd is retiring, although it sacrifice. are commendable. is bound to be a busy retirement based on his Among the many sources of pride Sergeant Madam Speaker, please join me in leading high-energy career. His family, friends, col- Abbate found in being a Marine, the brother- this body in acknowledging the Second Baptist leagues and admirers are gathering for a Re- hood he had with his fellow troops was fore- Church of Matawan, as the parishioners cele- tirement Celebration of Audacious Service on most. He was a stalwart team member and a brate their 120th anniversary. The Second Monday December 20, 2010, at the African leader who inspired his peers to vote him as Baptist Church of Matawan community is tre- American Museum in Philadelphia. I ask my the Marine they’d most like to be. mendously valued in my district and the State colleagues in the House of Representatives to As we gather in remembrance, we celebrate of New Jersey. join with me in honoring and congratulating the life of a man who took great pride in being f Homer C. Floyd for a valuable and achieving a loving father, a good person and a brave life on behalf of his fellow citizens. OUR UNCONSCIONABLE NATIONAL Marine. Sergeant Abbate leaves behind an ex- f tended network of loved ones, including his DEBT wife, Stacie Rigall, his two-year-old son, Car- H.R. 4173, THE DODD-FRANK WALL son, his parents, stepparents and four siblings. HON. MIKE COFFMAN STREET REFORM AND CON- SUMER PROTECTION ACT—CLAR- His contributions to our nation will be re- OF COLORADO IFICATION OF INTENT WITH RE- membered for generations to come, and his IN THE HOUSE OF REPRESENTATIVES legacy continues in the hearts of those whose SPECT TO SECTION 625 Wednesday, December 15, 2010 lives he touched in remarkable ways. Today, California’s 9th Congressional Dis- Mr. COFFMAN of Colorado. Madam Speak- HON. DENNIS MOORE trict salutes and honors United States Marine er, today our national debt is OF KANSAS Corps Sergeant Matthew Thomas Abbate. His $13,852,589,330,911.83. IN THE HOUSE OF REPRESENTATIVES On January 6, 2009, the start of the 111th exemplary spirit and sense of public duty will Wednesday, December 15, 2010 continue to guide others toward courage, for- Congress, the national debt was titude, selflessness and service. Sergeant Matt $10,638,425,746,293.80. Mr. MOORE of Kansas. Madam Speaker, Abbate was truly a great man and he will be This means the national debt has increased as a House conferee for H.R. 4173, the Dodd- deeply missed. May his soul rest in peace. by $3,214,163,584,618.03 so far this Con- Frank Wall Street Reform and Consumer Pro- tection Act (‘‘Dodd-Frank Act’’), I rise to reaf- f gress. This debt and its interest payments we are firm the intent of section 625 of the Dodd- PERSONAL EXPLANATION passing to our children and all future Ameri- Frank Act, which the President signed into law cans. earlier this year (P.L. 111–203). HON. LUIS V. GUTIERREZ f For years, many federal mutual holding companies have waived receipt of dividends in OF ILLINOIS HONORING HOMER C. FLOYD UPON reliance on current Office of Thrift Supervision IN THE HOUSE OF REPRESENTATIVES HIS RETIREMENT FROM PENN- (‘‘OTS’’) regulations which permit waivers of Wednesday, December 15, 2010 SYLVANIA HUMAN RELATIONS such dividends. These regulations also pro- Mr. GUTIERREZ. Madam Speaker, I was COMMISSION vide that such dividend waivers would not af- unavoidably absent for votes in the House fect the exchange ratio in the event of a full Chamber yesterday. I would like the record to HON. CHAKA FATTAH conversion to stock form. show that, had I been present, I would have OF PENNSYLVANIA Section 625 of the Dodd-Frank Act seeks to voted ‘‘yea’’ on rollcall votes 628, 629 and IN THE HOUSE OF REPRESENTATIVES maintain the current OTS regulation regarding 630. dividend waivers for federal mutual holding Wednesday, December 15, 2010 f companies which, prior to December 1, 2009, Mr. FATTAH. Madam Speaker, Homer C. had waived the receipt of dividends pursuant IN RECOGNITION OF SECOND BAP- Floyd, a champion of civil rights and human to current OTS regulations permitting such div- TIST CHURCH OF MATAWAN’S relations in the Commonwealth of Pennsyl- idend waivers. Section 625 authorizes that 120TH ANNIVERSARY vania for the past four decades, is concluding these mutual holding companies may continue a remarkable career. Since February 1970, to do so as long as they provide proper notice HON. FRANK PALLONE, JR. Mr. Floyd has served as Executive Director of beforehand and no finding is made that such OF NEW JERSEY the Pennsylvania Human Relations Commis- dividend waivers constitute a safety and IN THE HOUSE OF REPRESENTATIVES sion. He has an impressive record of accom- soundness violation. Section 625 also pro- plishments in civil rights, and has received nu- vides that such dividend waivers shall not af- Wednesday, December 15, 2010 merous awards from organizations including fect the exchange ratio in the event of a later Mr. PALLONE. Madam Speaker, I rise today the Pennsylvania NAACP, the International full conversion by the mutual holding company to congratulate the Second Baptist Church of Association of Official Human Rights Organi- to stock form. The OTS’s regulations (which

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Therefore, regardless of what OF CALIFORNIA Jacinto and Fernanda Goncalves was named level of the federal mutual holding company IN THE HOUSE OF REPRESENTATIVES Most Valuable Player of the national tour- nament. had or continues to waive the receipt of divi- Wednesday, December 15, 2010 The WNCC Cougars earned the right to be dends, the clear intent behind Section 625 is Mr. McCARTHY of California. Madam called national champions. I offer my con- to preserve the current OTS regulations with Speaker, I rise today to honor Jeannette Rog- gratulations to the team, their fans, and their respect to these institutions. ers-Erickson, a community leader from Kern community, who made the season such a County in the State of California. I commend Chairman FRANK for his leader- memorable one. Mrs. Rogers-Erickson holds board positions ship in drafting the Dodd-Frank Act, as well as in many local organizations, such as the Kern f his assistance in working with me to fully pre- Valley Hospital Foundation, the Kern Valley CONGRATULATING THE serve and protect the thrift charter, including Hospital Auxiliary, the Kernville Chamber of GASCONADE COUNTY 4–H the dividend treatment of federal mutual hold- Commerce, the Kern River Valley Chamber of ing companies. I also urge the Congress to Commerce, the Kern River Revitalization carefully oversee the implementation of the group, the Exchange Club, the Rotary Club of HON. BLAINE LUETKEMEYER OF MISSOURI Dodd-Frank Act, including provisions like Sec- the Kern Valley, the South Fork Women’s IN THE HOUSE OF REPRESENTATIVES tion 625, to ensure the regulators implement Club, the Kern Valley Women’s Club, and the them in such a way as Congress intended. Kern Valley Collaborative. Mrs. Rogers- Wednesday, December 15, 2010 Erickson also belongs to the Kern River Valley Mr. LUETKEMEYER. Madam Speaker, I ask f Art Association and for many years has had my colleagues to join me in congratulating the her art ‘‘worn’’ throughout the valley on the an- Gasconade County 4–H for 75 years of excel- PAYING TRIBUTE TO MR. TOBY nual Whiskey Flat Days official shirts. lence. In addition to her membership in many local PALTZER The original Gasconade County 4–H organi- organizations, Mrs. Rogers-Erickson is a zation started with the ideas and planning of board member of the Kern Community Foun- only 10 individuals. Since its inception in 1935, dation and is on the organizing committee of HON. STEVE KAGEN the Gasconade County 4–H has expanded the newly formed Kern River Valley Commu- and now includes 11 4–H clubs, 230 mem- OF WISCONSIN nity Foundation Fund. She has been active bers, and 107 volunteers. with the Women’s and Girls’ Fund of Bakers- IN THE HOUSE OF REPRESENTATIVES The Gasconade County 4–H engages youth field as well as a board member of the Proba- to reach their fullest potential, while advancing Wednesday, December 15, 2010 tion Auxiliary County of Kern, PACK, which the field of youth development in four different oversees the Kernville-based Camp Erwin areas of focus: head, heart, hands, and Mr. KAGEN. Madam Speaker, I rise here Owen for Boys. today to pay tribute to Mr. Toby Paltzer as he For her many great works in the community, health. Through their hands-on learning, these retires from his distinguished career as Mrs. Rogers-Erickson was selected by young members build their leadership capabili- Outagamie County Executive. For 11 years, Assemblymember Jean Fuller to be the 2007 ties and expand their skills which enable them Mr. Paltzer managed Wisconsin’s sixth largest Woman of the Year for the 32nd California to be proactive forces in their communities and prepare for their future endeavors. In its county in a manner that always best served its State Assembly District. She is also the recent recipient of the Exchange Club 2010 Book of 75th year, the tradition of 4–H still remains entire people, and I ask my colleagues to join strong throughout Gasconade County. me in honoring this dedicated public servant. Golden Deeds given to a local resident who has high integrity, honesty, generosity, great I congratulate the men and women who Toby Paltzer’s service to Outagamie County work ethic, and high moral values. An or- continue to advance this important cause, goes well beyond his time as Executive. Prior dained minister, Mrs. Rogers-Erickson is the which has had such a positive effect on our to assuming his current role, Toby served as South Fork Club’s Inspirational Chairman and youth and on our community. I am extremely an Outagamie County board supervisor for 5 organizes several Pastor Prayer Events proud. I also encourage more youth to partici- years, chairman of Agriculture, Extension Edu- throughout the year. She is very active in the pate in 4–H and other such programs that em- cation, Zoning and Land Conservation Com- Exploring Careers in Health Occupations power them to reach their full potential. I join mittee for 3 years, and was an active member Academy, which is a local high school pro- the rest of the 9th Congressional District when I wish you all continued success and another of the Local Emergency Planning Committee gram that partners with the Kern Valley 75 years of excellence! for 12 years. Healthcare District and Cerro Coso College. I am thankful to Jeanette for all of her serv- I would like to take this time to commend In addition to his government service, Mr. ice to our community and I hope that she and Gasconade County 4–H for all their hard work, Paltzer has further demonstrated his commit- her husband Charley enjoy her retirement. and I ask that my colleagues join me in recog- ment to the communities in and around nizing them for a job well done! f Outagamie County, Wisconsin through his 45 f years as a member and president of Grand FULL-YEAR CONTINUING Chute Volunteer Fire and Rescue Department, HON. ADRIAN SMITH APPROPRIATIONS ACT, 2011 and his involvement as a mentor in the OF NEBRASKA Outagamie Youth Leaders program. IN THE HOUSE OF REPRESENTATIVES SPEECH OF Widely respected by business leaders and Wednesday, December 15, 2010 HON. DENNIS J. KUCINICH elected officials alike, citizens across Mr. SMITH of Nebraska. Madam Speaker, it OF OHIO Outagamie County will certainly miss Toby is with great pride that I rise to recognize the IN THE HOUSE OF REPRESENTATIVES Paltzer’s effective, efficient and clear-cut lead- Western Nebraska Community College Wednesday, December 8, 2010 ership. Despite having to weather one of the volleyball team who late last month claimed worst economic storms of our time, he leaves the school’s second ever National Junior Col- Mr. KUCINICH. Mr. Speaker, I rise in oppo- his Executive post having placed Outagamie lege Championship title. The Cougars’ win sition to H.R. 3082, Making Further Continuing County on a path to prosperity that will con- over San Jacinto College in five sets capped Appropriations for Fiscal Year 2011 and the tinue to be realized long after his departure. a wonderful season. Food Safety Enhancement Act of 2010. I sup- The Cougars came out strong—winning the port the underlying purpose of this bill: to keep Madam Speaker, as Mr. Paltzer steps down first two sets—and holding off a spirited chal- the government running through September from his post as Outgamie County Executive, lenge to win in a five-set thriller. I am proud 30, 2011 and I support a number of provisions I ask the members of this chamber to join me of the Cougars and Coach Giovana Melo— in it. in paying tribute to this valued member of our who has guided her team to top-three finishes H.R. 3082 contains the Food Safety En- community. in all three of her seasons as coach. hancement Act, a bill that would greatly

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.037 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS E2148 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2010 strengthen the Food and Drug Administration’s which serves more than one million parish- he made time to visit each office in the Pas- (FDA) ability to demand recalls of tainted ioners in eight counties from as far north as toral Center to spend time with staff and vol- foods, increase inspections on domestic food Merced County to as far south as Kern Coun- unteers. On October 23, 2009, Bishop facilities, and secure accountability from food ty. Steinbock celebrated his Silver Jubilee as companies. It also allows the FDA to create Bishop John T. Steinbock was born on July Bishop of the Diocese of Fresno. new regulations governing the sanitary trans- 16, 1937 in Los Angeles, California. He was Madam Speaker, Mr. RADANOVICH, Mr. portation of food. I applaud the inclusion of a one of three boys born to Leo and Thelma CARDOZA, Mr. NUNES, and I ask our col- program to develop a nationwide food emer- Steinbock. As a child, the Bishop learned to leagues to join us in honoring the life of gency response laboratory network to better read from racing forms at the horsetracks and Bishop John T. Steinbock as we offer our con- monitor dangers to our Nation’s food supply. learned to count by playing blackjack. The dolences to his family and celebrate his mem- While I regret that this bill has been weakened Bishop’s decision to turn towards the priest- ory and service to the Diocese of Fresno and relative to the version that passed the House hood came after his two brothers had joined California. earlier this year, I welcome the overall im- the seminary. He attended a rigorous college f provements to the FDA’s authority to protect preparatory high school designed for young IN HONOR AND MEMORY OF JOHN public health. men considering the priesthood and graduated I strongly support the funding included for in 1955. After spending the summer of 1958 LENNON the National Space and Aeronautics Adminis- learning Spanish at a boardinghouse in Mex- tration (NASA). I am concerned, however, ico City, he decided that he wanted to become HON. DENNIS J. KUCINICH about the possible neglect of NASA’s research a priest. OF OHIO centers, such as the NASA Glenn Research On May 1, 1963, Bishop Steinbock was or- IN THE HOUSE OF REPRESENTATIVES Center (NASA Glenn) located in my congres- dained into the priesthood. Upon is Wednesday, December 15, 2010 sional district, as a result of the distribution of ordainment, Bishop Steinbock was assigned to Resurrection Parish located in the Hispanic Mr. KUCINICH. Madam Speaker, I rise funds under this bill. The allocation of funding today in honor of John Lennon, a musician, reflects the significant changes made to barrio in Los Angeles, California. During Bishop Steinbock’s time in Resurrection Par- songwriter, entertainer, international icon, and NASA’s programs as requested by the Presi- father, who will be remembered as one quar- dent. The language in this bill makes vulner- ish, he developed his reputation as a great ad- ministrator, a valued skill which would lead his ter of The Beatles—on the 30th Anniversary of able funds for in-house research and develop- his death. His contributions as a songwriter, ment (R&D) programs such as the Life promotion within the Catholic Church. In 1973, Bishop Steinbock was transferred to St. musician, and artist span every facet of the Science, Human Research and Exploration musical industry and his work is beloved Technology Development under the Tech- Vibiana’s Catholic Cathedral near Skid Row in Los Angeles. During the Bishop’s time in East around the world. nology Demonstration and Space Technology John Lennon was born on December 9, Los Angeles, he ministered to the poor and Missions. Ensuring NASA Glenn’s health is 1940 in Liverpool, England and was killed on homeless, often dealing with individuals suf- vital to the workers at NASA I represent, as December 8, 1980 outside of his apartment in fering from mental illness, drug and alcohol well as to the economic health of the State of New York City. During his lifetime, John was addiction, and physical abuse. Bishop Ohio. Adequate support of the agency’s re- passionate about making the world a better, Steinbock also became a police chaplain for search centers is key to protecting NASA’s safer place. He had strong convictions that the Los Angeles Police Department. When re- legacy as the premier aeronautics R&D agen- war was always wrong and that peace was flecting on his time in East Los Angeles, cy in the world. achievable. The ideals he held still resonate Bishop Steinbock wrote, ‘‘The greatest suf- However, I cannot support the $159 billion today. His music, whether produced alone, fering was the loneliness and despair I found contained in this legislation to continue the with the Beatles, or with Yoko Ono continues in the lives of so many.’’ wars in Iraq and Afghanistan. We have heard to be played on the radio. about fake negotiations between the Karzai Bishop Steinbock would have been content to stay a priest; however he was informed by John Lennon was a passionate man whom government that we prop up and a fake millions of people have come to admire. His Taliban leader; this, while we conduct a record the late Cardinal Timothy Manning that the late Pope John Paul II had named him to be death still weighs deeply in the hearts of mil- number of airstrikes to wipe out Taliban lead- lions of those who loved his music. He has ership. We know that millions of dollars— a Bishop. Bishop Steinbock was hesitant to accept the honor, but was convinced by Car- been the recipient of many awards and hon- some believed to be U.S. taxpayer money— ors, including an appointment as a Member of have gone and are going unaccounted for as dinal Manning’s message that the Pope was simply acting in accordance with God’s will for the Order of the British Empire (MBE) with the Karzai and his cronies purchase villas in other Beatles in 1965. Numerous albums that Dubai. We also know that our night raids and Bishop Steinbock’s life. His first assignment as Bishop was in Orange County serving from he had a hand in crafting have been listed on airstrikes only foment hatred toward the U.S. Billboard charts. They have helped put him on and our presence in the country, further en- 1984 to 1987. He would later serve in Santa Rosa, California until he arrived in Fresno, lists of the greatest musicians and songwriters dangering our troops and allies. And yet as of all time. John Lennon was posthumously in- reasons to get out of Afghanistan continue to California in 1991. Bishop Steinbock arrived in Fresno to lead a diocese and quickly rose to ducted to the Songwriters Hall of Fame in mount, so do the calls for a prolonged pres- 1987 and the Rock and Roll Hall of Fame in ence in the country beyond the initial pro- the occasion, solving several inherited chal- lenges such as a $3 million deficit. In addition, 1994. posed 2011 withdrawal date. The war in Af- Madam Speaker, please join me in honor during the Bishop’s first decade in Fresno the ghanistan, like the war in Iraq, is taking place and recognition of John Lennon. Mr. Lennon’s diocese undertook seventy major building or in a world where facts and common sense brilliant artistry, unwavering activism and spirit renovation projects on churches, parish halls, seem to have no place. continue to lighten hearts and enlighten minds I urge my colleagues to oppose this bill. offices, and school classrooms. Bishop Steinbock’s style of ministry was by bringing enjoyment and hope to millions. f uniquely his own. He sought out technology His influence spans continents and genera- A TRIBUTE TO THE LIFE OF and innovation as a means for communication, tions. Thirty years after his death, his fans are BISHOP JOHN T. STEINBOCK evangelization, teaching, and formation. The still grieving. John Lennon and his legacy Bishop also recognized the need for personal have made and continues to make our Nation and genuine love and concern for his brother and our world a better place. HON. JIM COSTA f OF CALIFORNIA priests who were never far from his thoughts IN THE HOUSE OF REPRESENTATIVES and prayers. Bishop Steinbock personally HONORING THE SERVICE AND celebrated the Sacrament of Confirmation for DEDICATION OF GREG HOLYFIELD Wednesday, December 15, 2010 virtually every young adult in the Diocese, ex- Mr. COSTA. Madam Speaker, I rise today cept in a handful of all the eighty-eight dioce- HON. BART GORDON with my colleagues Mr. RADANOVICH, Mr. san parishes. Bishop Steinbock’s pastoral OF TENNESSEE CARDOZA, and Mr. NUNES to pay tribute to messages, homilies, and Masses often ad- IN THE HOUSE OF REPRESENTATIVES Bishop John T. Steinbock who passed away dressed immigrants, farm workers, the unem- on December 5, 2010 at the age of seventy- ployed, the imprisoned, those without health Wednesday, December 15, 2010 three in Fresno, California. Bishop Steinbock care, restorative justice and love for one’s Mr. GORDON of Tennessee. Madam was a key figure in the Diocese in Fresno neighbor. Despite the Bishop’s busy schedule, Speaker, I rise today to honor Lt. Wayland

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TIM HOLDEN bright, able staff members with an interest in long hours—often for little pay or recognition— OF PENNSYLVANIA serving their country by working in this body. and their service is simply invaluable to those IN THE HOUSE OF REPRESENTATIVES Today, I’d like to single out those who are serving my constituents as my tenure comes of us who serve in this esteemed chamber. Wednesday, December 15, 2010 Throughout my 26 years in Congress, I have to a close. been fortunate to have many bright, able staff Mr. HOLDEN. Madam Speaker, on the Emily Phelps has served as my communica- members with an interest in serving their evening of December 17, 2010, hundreds of tions director throughout this last year of my country by working in this body. Today, I’d like friends and colleagues, as well as state and term. Even though I announced a year ago to single out those who are serving my con- local officials in southwest Germany, will gath- that I was retiring, my staff and I have not stituents as my tenure comes to a close. er to honor one of the most unique business slowed down one bit since then. My legislative Greg is one of a distinguished group of staff leaders that that I have had the privilege to efforts have continued, and Emily has done a members who have served a second term on encounter—Wolfgang Herzog. He serves as tremendous job of ensuring my constituents my staff after leaving to pursue graduate de- the director of utility services for the city of know how new laws will affect their families grees and other work. Greg first came to my Kaiserslautern, Germany. He has emerged as and their communities. office as a Legislative Correspondent in 2003, a leader in German programs designed to fur- Emily has put in long hours and hard work having gained Capitol Hill experience in the of- ther promote and enhance critical host-nation to manage outreach on Congress’ actions on fice of Senator MARK PRYOR. His hard work relations with the huge American military com- health care reform, the controversy sur- soon earned him a promotion to my Legisla- ponents in the region. Kaiserslautern, a city rounding failing brakes in some Toyota mod- tive Assistant for foreign affairs, immigration, whose U.S. military and business profile is so els, and my efforts to ban imports of foreign- agriculture and other issues, Greg was a valu- pronounced that it is now called The American generated nuclear waste. After floods ravaged able resource to me and to constituents with City in Germany, is the home to nearly 55,000 Tennessee this spring, Emily provided up-to- concerns in these policy areas. Greg also lent Americans, making it the largest U.S. military the-minute reports about disaster assistance special expertise to issues related to the outpost overseas. through my website and outreach to local music and recording industry, having grown up The cooperation of the U.S. military with the media. While the Science and Technology in a family in Nashville’s songwriting business. leaders of the community is an essential com- Committee’s communications director was out Public service came naturally to Greg. Prior ponent of overseas forces activities. It is the on maternity leave, Emily split her time, assist- to working in my office, he served in the host-nation city that makes possible the ing with hearing, managing a press con- Peace Corps, spending more than two years logistical, social, cultural, and infrastructure ference related to the Deepwater Horizon oil overseeing agricultural projects in Mali. In that provide for workable and meaningful rela- spill, and preparing for House consideration of 2005 he left my office to join the inaugural tions between our troops and the people of a the America COMPETES Act. class at the Clinton School of Public Service foreign nation which surrounds them. Madam Speaker, Emily has a bright, contin- at the University of Arkansas. After graduating Over the last two decades Mr. Herzog has ued future ahead of her in communications. from the Clinton School, Greg made the deci- escorted numerous city officials and associ- She is thoughtful, offers good ideas and in- sion to join the Armed Forces and serve his ates to Washington. He has met with multiple sight, maintains ease and comfort with report- country in the U.S. Army Reserves. We are Senators and Representatives to profile the ers, and, as all good staff does, advocates an extremely proud of his service and honored to extent of Kaiserslautern’s commitment to its alternative opinion rather than just agreeing count him as an alumnus of the office. American neighbors. with the status quo. My staff and I have enjoyed getting to know When Greg decided to return to Wash- Mr. Herzog has also been welcomed at the Emily and having her in the office. Her easy- ington, DC, to pursue his love of politics, his Pentagon by the Chairman of the Joint Chiefs going nature, with a touch of endearing quirki- timing could not have been better. Greg took of Staff, as well as the Army and Air Force ness, is a pleasant counter to the clamor of on the gargantuan and unenviable task of pre- Chiefs of Staff. He has often worked with mili- Congress. Emily, I thank you for helping me paring my official papers to be archived at the tary staff in providing efficient energy services accomplish so much this year, and I wish you Albert Gore Research Center at my alma and protecting environmental standards. mater, Middle Tennessee State University. Mr. Herzog has received tributes from sen- all the best. Greg attacked this mountain of paper with im- ior American military leaders in Kaiserslautern. f pressive organization and patience. Analyzing General Roger Brady, Commander of U.S. Air HONORING THE SERVICE AND and cataloging 26 years worth of legislative Forces in Europe presented him with the DEDICATION OF CHRISTOPHER records, invitations, correspondence and press Medal of Distinction. Army Major General Pa- RACKENS files is no small feat, and the process of clos- tricia McQuiston, Commander of the 21st The- ing my office would not have gone as smooth- ater Sustainment Command, decorated him HON. BART GORDON ly without Greg’s dedication to the project. with the Soaring Eagle Award. OF TENNESSEE Greg’s work made it possible for me and my The Lord Mayor of Kaiserslautern, Dr. Klaus IN THE HOUSE OF REPRESENTATIVES staff to continue at full throttle with the office’s Weichel and all of the residents of the region Wednesday, December 15, 2010 legislative work through the end of my term join with me in saying to Mr. Herzog: Ad this year. In addition, it has helped to establish Multos Annos! Mr. GORDON of Tennessee. Madam a historical record of the district and the legis- f Speaker, I rise today to honor Christopher lative process that I hope will be valuable to Rackens for his contributions to the Sixth Dis- MTSU students and Middle Tennesseans for HONORING THE SERVICE AND trict of Tennessee while serving on my Wash- generations to come. DEDICATION OF EMILY PHELPS ington, DC staff. As any member of Congress It has been wonderful to have Greg on the knows, our legislative achievements and suc- team once again. Those who worked with him HON. BART GORDON cessful constituent services programs would before welcomed the return of his dry sense of OF TENNESSEE not be possible without a cadre of great staff humor and natural charm, and the newer IN THE HOUSE OF REPRESENTATIVES working behind the scenes. They work long members of my staff have developed an ap- hours—often for little pay or recognition—and Wednesday, December 15, 2010 preciation for his passion for the Georgia Bull- their service is simply invaluable to those of us dogs, enthusiasm for war movies, and love of Mr. GORDON of Tennessee. Madam who serve in this esteemed chamber. both types of music—country and western. Speaker, today I rise to recognize Emily Throughout my 26 years in Congress, I have Madam Speaker, Greg Holyfield has done Phelps for her contributions to Tennessee’s been fortunate to have many bright, able staff great work in the service of the Sixth District Sixth Congressional District. As any member members with an interest in serving their of Tennessee. He comes from a good Ten- of Congress knows, our legislative achieve- country by working in this body. Today, I’d like nessee family, and I know they are very proud ments and successful constituent services pro- to single out those who are serving my con- of him. Greg, thank you for your help to my of- gram would not be possible without a cadre of stituents as my tenure comes to a close.

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K15DE8.011 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS E2150 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2010 Chris Rackens joined my office during the gressional offices. After proving herself to pos- been fortunate to have many bright, able staff final week of House consideration of the Pa- sess incredible policy knowledge, she became members with an interest in serving their tient Protection and Affordable Care Act, a bill my Legislative Director in 2007. She manages country by working in this body. Today, I’d like that sparked public interest exceeding any- my legislative staff, oversees my legislative to single out those who are serving my con- thing I have seen during my time in Congress. agenda and advises me on issues before the stituents as my tenure comes to a close. It was a week of unprecedented call volumes Energy and Commerce Committee. Graham comes to Capitol Hill from the field that sometimes crashed the House phone sys- Many congressmen would count themselves of engineering. He earned a BS from the Uni- tem. Although he had just joined us days be- lucky to have a Legislative Director as knowl- versity of Virginia and a Master’s in Structural fore, Chris helped to staff the office over the edgeable in one policy area as Dana is in ten. Engineering from Lehigh University. After weekend to provide updates to constituents in Although telecommunications policy has been working on structural engineering projects Middle Tennessee who were following the de- her first love, her understanding of health care from Louisiana to Alaska, and fitting in time to bate. It was an exciting and challenging time policy and the Patient Protection and Afford- complete a cross-country bike trip to raise for even the most veteran staffers. Unfazed, able Care Act is second to none. Her work in awareness for Habitat for Humanity, Graham Chris jumped right into his staff assistant du- my office has taken her deep into small busi- followed his interest in public policy to Wash- ties with professionalism under pressure, a ness, consumer protection and intellectual ington, DC. He began his Hill career with an internship great attitude, and a pride in his small-town property policy. She will be leaving my office at the House Committee on Science and upbringing that endeared him right away to his with 15 bills under her belt, notably the NET Technology, which played well to his engineer- colleagues in Washington and Tennessee. 911 Improvement Act that helped modernize ing background and research skills. A native Chris was always eager to tackle any task, 911 systems for Internet-based phones and Tennessean himself, Graham volunteered to which served him well as he was promoted the SPARTA sports agents law that cracks help my personal office staff handle the over- from staff assistant to legislative aide. Chris down on unscrupulous sports agent activity at whelming volume of calls that came in during has covered legislation in the areas of edu- the college level. the health care debate this spring. When the cation and government reform, answering con- In the nearly 12 years since she joined my staff put in extra time over the weekend to stituent concerns and assisting Tennessee staff, Dana has seen major changes, from the keep constituents up-to-date, Graham sur- universities and state entities that needed as- excitement surrounding three presidential elec- prised us by showing up and volunteering his sistance working with federal agencies. In ad- tions and two power shifts in the House, to the services. He surprised us even more by stay- dition, he also took on the role of systems ad- heartbreaking and frightening period sur- ing with us until the final vote was tallied near ministrator for the office, an often thankless rounding the terrorist attacks on September midnight. and time consuming job. 11, 2001. Throughout it all, Dana has man- With his dedicated work ethic, firsthand During the last months, Chris has shown aged a tight legislative team and mentored a knowledge of Middle Tennessee and stellar real leadership in the move from our Rayburn number of great legislative staffers who have research skills, Graham’s was the first name office to transition space in preparation for thrived under her tutelage and now work have mentioned when a position opened on the leg- closing my Washington and Tennessee of- successful careers elsewhere in Congress. islative staff. As my legislative aide for agri- fices. He has handled many of the major Most importantly, Dana has never forgotten culture, housing and Interior Department logistical challenges of helping the staff relo- who she is working for. No matter how long issues, Graham has been a valuable resource cate, all while staying on top of a full load of her list of accomplishments grows, she is to me and to constituents with concerns in correspondence and legislative work. Our of- never too busy to help a Tennessean who has these areas. He has managed a difficult cor- fice transition would not have been as suc- a concern related to federal legislation and respondence load and facilitated meetings cessful without him. walk them through it with patience and candor. with local interest groups on complex issues. Madam Speaker, Chris Rackens has done Dana politely discusses legislation point-by- In addition to being a snappy dresser, great work in the service of the Sixth District point with constituents who call with concerns, Graham has been a great member of the of Tennessee. He has tremendous charisma leading to many conversations ending with ap- team. He has a wry sense of humor, a won- and an unfalteringly good attitude that has led preciation and understanding after beginning derful attitude and an eagerness to pitch in as him to believe no task is too big or too small with angst and opposition. Dana always man- needed. At times when the office has been to undertake. I know I will continue to hear ages to keep herself busy both in the office understaffed during the final months of my good things from and about Chris, and I wish and out with her gardening jobs, appreciation term, he held down the fort for senior legisla- him all the best in the future. for good wine and trips home to her native tive staff—and brought in his now-famous f California. spinach and artichoke dip to help us through. Madam Speaker, it has been wonderful to Madam Speaker, Graham has done stellar HONORING THE SERVICE AND have Dana to rely on as my Legislative Direc- work for Middle Tennessee. He has a bright DEDICATION OF DANA tor. Dana, thank you for all your help and future ahead of him as a policy wonk, and I LICHTENBERG dedication over these many years. Your hard wish him all the best. work has helped to make me a better con- f HON. BART GORDON gressman. BOEHNER: EYE-OPENING REPORT OF TENNESSEE f DETAILS GOV’T MORTGAGE COM- IN THE HOUSE OF REPRESENTATIVES HONORING THE SERVICE AND PANIES’ ROLE IN FINANCIAL Wednesday, December 15, 2010 DEDICATION OF GRAHAM MELTDOWN Mr. GORDON of Tennessee. Madam SCHNAARS Speaker, I rise today to honor Dana HON. JOHN A. BOEHNER Lichtenberg for her contributions to the Sixth HON. BART GORDON OF OHIO District of Tennessee while serving on my OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES Washington, DC staff. As any member of Con- IN THE HOUSE OF REPRESENTATIVES Wednesday, December 15, 2010 gress knows, our legislative achievements and Mr. BOEHNER. Madam Speaker, I submit successful constituent services programs Wednesday, December 15, 2010 the following for the RECORD: would not be possible without a cadre of great Mr. GORDON of Tennessee. Madam BOEHNER: EYE-OPENING REPORT DETAILS staff working behind the scenes. They work Speaker, I rise today to honor Graham GOV’T MORTGAGE COMPANIES’ ROLE IN FI- long hours—often for little pay or recognition— Schnaars for his contributions to the Sixth Dis- NANCIAL MELTDOWN and their service is simply invaluable to those trict of Tennessee while serving on my Wash- WASHINGTON, DC.—House Speaker-des- of us who serve in this esteemed chamber. ington, DC staff. As any member of Congress ignate John Boehner (R–OH) issued the fol- Throughout my 26 years in Congress, I have knows, our legislative achievements and suc- lowing statement in response to a report re- been fortunate to have many bright, able staff cessful constituent services programs would leased by the Republican commissioners on members with an interest in serving their not be possible without a cadre of great staff the Financial Crisis Inquiry Commission country by working in this body. Today, I’d like working behind the scenes. They work long (FCIC) regarding the causes of the financial crisis: to single out those who are serving my con- hours—often for little pay or recognition—and ‘‘This eye-opening report details how gov- stituents as my tenure comes to a close. their service is simply invaluable to those of us ernment mortgage companies played a piv- Dana joined my staff in 1999 already a sea- who serve in this esteemed chamber. otal role in the financial meltdown by hand- soned Hill staffer with experience in three con- Throughout my 26 years in Congress, I have ing out high-risk loans to families who

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\K15DE8.013 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS December 15, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2151 couldn’t afford them. After years of being tigations differently given the choice, we stituents, Jackie has welcomed all with total coddled and enabled by Washington politi- have found many elements to be useful. We grace and Southern hospitality. She has cians, Fannie Mae and Freddie Mac are now thank the FCIC staff for their hard work. helped hundreds of Middle Tennesseans se- on life support, kept afloat by taxpayers fed We have tried to distill those issues that up with unending bailouts. Through the we think are most important into a series of cure passports and schedule tours around Pledge to America, Republicans have pro- questions and answers. Different questions Washington, all while providing valuable sup- posed saving billions for taxpayers by ending were included for different reasons, including port to my legislative staff and correspondence government control of Fannie and Freddie, those topics that, in our view, are commonly program. Her sense of humor, pride in her shrinking their portfolios, and establishing mischaracterized and those most relevant to Miami Cuban heritage and unshakable opti- minimum capital standards. I appreciate the future policy discussions. Certainly, this is mism have made her a great addition to the Republican commissioners’ efforts to get to not an exhaustive list. office. the bottom of what happened and ensure the Our framework reflects a central premise In the short time she has been with us, American people have the full story about that the financial crisis was distinct from Jackie has shown tremendous initiative in con- the financial crisis. This is a report every other recent important economic events, in- taxpayer should read.’’ cluding the housing bubble and the pro- ceiving and implementing projects, notably her Note: Former Rep. Bill Thomas, Keith longed economic recession. We believe that Constitution Day project. After noting that my Hennessey, Douglas Holtz-Eakin, and Peter the financial crisis was, at its core, a finan- Washington office had an abundance of pock- Wallison are the Republican commissioners cial panic that was precipitated by highly et Constitution booklets, Jackie took it upon on the FCIC. As the Republican commis- correlated mortgage-related losses con- herself to distribute them. By reaching out to sioners state in their introduction, ‘‘these centrated at large financial firms in the public schools in my district, she was able to findings and conclusions do not constitute United States and Europe. While the housing put 2,500 Constitutions in the hands of Ten- the Commission’s report.’’ bubble, the financial crisis, and the recession nessee students on Constitution Day in Sep- are surely interrelated events, we do not be- INTRODUCTION tember. It was an inspired idea, and it really On May 20, 2009, Public Law No. 111–21, the lieve that the housing bubble was a suffi- cient condition for the financial crisis. The did our office proud. Fraud Enforcement and Recovery Act of Madam Speaker, it has been a pleasure 2009, was enacted into law, creating the Fi- unprecedented number of subprime and other nancial Crisis Inquiry Commission (FCIC). weak mortgages in this bubble set it and its having Jackie with us. In January, she will join According to the Act, the FCIC was estab- effect apart from others in the past. the staff of the Embassy of Sri Lanka, where lished to ‘‘examine the causes, domestic and We look forward to continuing to partici- she will serve as executive assistant to the global, of the current financial and economic pate in the ongoing dialogue on the causes of Ambassador. My staff and I are thrilled about crisis in the United States.’’ The law re- the financial crisis and providing our addi- this newest chapter in her career and are con- tional views as they develop. quires that today, December 15, 2010, the fident she will do great work there. Jackie, I FCIC submit ‘‘to the President and to the Vice Chairman Bill Thomas Commissioner Keith Hennessey and your colleagues wish you all the best in Congress a report containing the findings the future. and conclusions of the Commission on the Commissioner Douglas Holtz-Eakin causes of the current financial and economic Commissioner Peter J. Wallison f A copy of the report can be found at the crisis in the United States.’’ This primer HONORING THE SERVICE AND contains preliminary findings and conclu- following link: http:// sions released by Vice Chairman Bill Thom- republicanleader.house.gov/UploadedFiles/ DEDICATION OF ELIZABETH as, Commissioner Keith Hennessey, Commis- FinanciallCrisislPrimerlFinal.pdf KELSEY NEVITT sioner Douglas Holtz-Eakin, and Commis- f sioner Peter J. Wallison, and represents a HON. BART GORDON portion of the findings and conclusions re- HONORING THE SERVICE AND OF TENNESSEE sulting from our work on the FCIC. As the DEDICATION OF JACQUELINE transmission of the report of the FCIC to the FREDERICK IN THE HOUSE OF REPRESENTATIVES President and Congress requires a majority Wednesday, December 15, 2010 vote of the Commission, these findings and conclusions do not constitute the Commis- HON. BART GORDON Mr. GORDON of Tennessee. Madam sion’s report. Rather, this document is an ef- OF TENNESSEE Speaker, I rise today to honor Elizabeth fort to reflect the clear intention of our ena- IN THE HOUSE OF REPRESENTATIVES Kelsey Nevitt for her contributions to the Sixth bling legislation. Our views have been District of Tennessee while serving on my shaped, in part, by our knowledge of econom- Wednesday, December 15, 2010 Washington, DC staff. As any Member of Con- ics and financial markets generally. In the Mr. GORDON of Tennessee. Madam gress knows, our legislative achievements and course of our examination, we have studied Speaker, today I rise to recognize Jacqueline successful constituent services programs and drawn from the extensive work already Frederick for her contributions to Tennessee’s would not be possible without a cadre of great available on the financial crisis. This crisis that we were tasked to study is neither the Sixth Congressional District. As any Member staff working behind the scenes. They work first nor likely the last of its type, and thus of Congress knows, our legislative achieve- long hours—often for little pay or recognition— our examination of similar, previous epi- ments and successful constituent services pro- and their service is simply invaluable to those sodes also informed our findings and conclu- grams would not be possible without a cadre of us who serve in this esteemed chamber. sions. To that end, we see this document as of great staff working behind the scenes. They Throughout my 26 years in Congress, I have a part of an already rich discussion of the work long hours—often for little pay or rec- been fortunate to have many bright, able staff causes of financial crises, both in the United ognition—and their service is simply invaluable members with an interest in serving their States and around the world. This document to those of us who serve in this esteemed country by working in this body. Today, I’d like adds to that conversation rather than clos- ing it. The two seminal works on the causes chamber. Throughout my 26 years in Con- to single out those who are serving my con- of the Great Depression, Milton Friedman gress, I have been fortunate to have many stituents as my tenure comes to a close. and Anna Schwartz’s—A Monetary History bright, able staff members with an interest in Elizabeth Nevitt came to my staff last fall of the United States, 1867–1960 and Ben serving their country by working in this body. with stellar references from the office of my Bernanke’s ‘‘Nonmonetary Effects of the Fi- Today, I’d like to single out those who are colleague Congressman ZACK SPACE of Ohio nancial Crisis in the Propagation of the serving my constituents as my tenure comes and a background that has made her well-suit- Great Depression,’’ were published in 1963 to a close. ed for the halls of Congress. She studied com- and 1983, respectively, many decades after Jackie Frederick joined my Washington of- munications and political science at Muhlen- the crisis had ended. We anticipate that fu- ture generations will continue to provide ad- fice as staff assistant after impressing me and berg College before taking a position with the ditional insights into the causes of this fi- my staff throughout her internship as she com- University of Michigan. Eventually, her love of nancial crisis as well. pleted her final semester at American Univer- politics brought her to our Nation’s capital, Further, we want to stress the extent to sity this spring. During college, she studied where she earned her Master’s degree in Po- which our views have been influenced by the political science and studied abroad in Spain. litical Management at The George Washington research and investigations conducted by the Her research and organizational skills and University and worked in government affairs FCIC since our first meeting in September deep interest in politics and foreign affairs prior to beginning her service on the Hill. Eliz- 2009. The work included conversations with economic historians, finance experts, and made her an excellent candidate for the staff abeth’s strong principles, diligent work ethic other academics, and hundreds of interviews assistant position when it became available. and appreciation for policy nuances have with market participants, regulators, and During her time with us, Jackie has man- made her a natural for her chosen career. government officials. While we may have or- aged an exceptionally warm and friendly front In her role as my senior legislative assistant, ganized and conducted some of these inves- office. From VIP dignitaries to very young con- Elizabeth helped me advance key legislative

VerDate Mar 15 2010 07:54 Dec 16, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.045 E15DEPT1 pwalker on DSKD5P82C1PROD with REMARKS E2152 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2010 priorities in the areas of energy, trade and Eric joined my office as a staff assistant. He and education initiatives, including Safe transportation by working with the Energy and maintained a friendly front office and handled Routes to School improvements throughout Commerce Committee and the Science and every task set in front of him, including the Rocklin, the development of joint facilities for Technology Committee. She successfully daunting job of ticket distribution for the over- the Rocklin Unified School District and the oversaw House passage of the Radioactive whelming number of constituents who wanted construction of the Sierra College interchange. Import Deterrence Act and worked with com- to attend President Obama’s inauguration. Her passion for serving her community was mittee staff to address my concerns and add Eric’s hard work earned him a promotion to further displayed through her work to ensure language to the Home Star Energy Retrofits the role of Legislative Correspondent and then the safety and well-being of its people. She Act and Motor Vehicle Safety Act. Elizabeth Legislative Assistant. was instrumental in the creation of the Anti- has also worked with stakeholders in my dis- As a Legislative Correspondent, Eric man- Gang Task Force, for the development of a trict to see several major local initiatives aged a heavy volume of constituent concerns city-wide park system, the creation of the six- through the appropriations process. With a on a number of issues, ensuring all received city Placer County Transportation Agency and great sense of diplomacy and attention to de- prompt and thorough responses. As a Legisla- for working to guarantee the continuation of tail, she has been a tireless advocate for the tive Assistant, Eric brought a thoughtful ap- essential ambulatory service for Rocklin resi- people of the Sixth District of Tennessee and proach and an impressive depth of knowledge dents. the universities in my district. on a broad range of issues, from immigration Madam Speaker, I can offer no better com- Elizabeth is a consummate professional and to defense to homeland security to financial mendation to Kathy than that which the people has been a great addition to my office. She is services. Eric shepherded House passage of of Rocklin have already conferred upon her by bright, possesses excellent writing and editing the Combat Methamphetamine Enhancement continuously reelecting her over the last 25 skills, and a curiosity and depth of knowledge Act, which was signed into law this fall. Meth years to serve on the city council and to six that made her an invaluable member of the production continues to be a serious problem terms as mayor. At a time when cities across team. She applies all of her talents to her ef- in my district, and many Tennesseans will see our country find themselves struggling finan- forts, whether it’s her work as a founder of the benefits from Eric’s hard work. cially and desperate to find capable and hon- Women’s Congressional Staff Association or Eric should also be commended for his work orable officials, Kathy Lund has been a ster- her well known karaoke pursuits. with my internship program. His patience and ling example of all that ought to be meant by Madam Speaker, it has been a pleasure good attitude made him such a good fit for the the designation ‘‘public servant.’’ I am proud having Elizabeth on my staff. I look forward to job of intern coordinator that he returned to it today to congratulate Kathy on her numerous following her successful career, wherever it even after taking on a full legislative portfolio. accomplishments and to thank her for a quar- takes her, and wish her and her husband, By recruiting, training and mentoring an excel- ter century of commitment, dedication and Jason, all the best in the future. lent group of interns, Eric did a service both to service to the people of Rocklin. f my staff and to the young people he worked with. f HONORING THE SERVICE AND Madam Speaker, it has been a pleasure DEDICATION OF ERIC FINS working with Eric. His dedication and great sense of humor have made him an integral SENATE COMMITTEE MEETINGS HON. BART GORDON part of the team in Washington and endeared Title IV of Senate Resolution 4, OF TENNESSEE him to his coworkers in Tennessee. We con- agreed to by the Senate on February 4, IN THE HOUSE OF REPRESENTATIVES sider him an honorary Tennessean and wish 1977, calls for establishment of a sys- Wednesday, December 15, 2010 him all the best in his future endeavors. tem for a computerized schedule of all Mr. GORDON of Tennessee. Madam f meetings and hearings of Senate com- mittees, subcommittees, joint commit- Speaker, today I rise to recognize Eric Fins for RECOGNIZING KATHY LUND his contributions to Tennessee’s Sixth Con- tees, and committees of conference. gressional District. As any member of Con- HON. TOM McCLINTOCK This title requires all such committees gress knows, our legislative achievements and to notify the Office of the Senate Daily OF CALIFORNIA successful constituent services programs Digest—designated by the Rules Com- IN THE HOUSE OF REPRESENTATIVES would not be possible without a cadre of great mittee—of the time, place, and purpose staff working behind the scenes. They work Wednesday, December 15, 2010 of the meetings, when scheduled, and long hours—often for little pay or recognition— Mr. MCCLINTOCK. Madam Speaker, I rise any cancellations or changes in the and their service is simply invaluable to those today to recognize the service of Kathy Lund meetings as they occur. of us who serve in this esteemed Chamber. of Rocklin, California. As an additional procedure along Throughout my 26 years in Congress, I have Since her first election to the city council in with the computerization of this infor- been fortunate to have many bright, able staff 1985, Kathy has provided invaluable contribu- mation, the Office of the Senate Daily members with an interest in serving their tions to the city. She worked to develop a Digest will prepare this information for country by working in this body. Today, I’d like strong fiscal position for the city: formulating a printing in the Extensions of Remarks to single out those who are serving my con- General Plan for Rocklin and assuring that it section of the CONGRESSIONAL RECORD stituents as my tenure comes to a close. was followed while also establishing and pro- on Monday and Wednesday of each Eric attended American University and grad- tecting an emergency fund and setting aside week. uated Cum Laude in 2008. Following a suc- funds to meet the city’s future retirement and Meetings scheduled for Thursday, De- cessful internship with his hometown rep- health-benefit obligations. Kathy also provided cember 16, 2010 may be found in the resentative, Congressman JIM MCGOVERN, much-needed support for numerous school Daily Digest of today’s RECORD.

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HIGHLIGHTS Senate agreed to the motion to concur in the amendment of the House of Representatives to the amendment of the Senate to H.R. 4853, Air- port and Airway Extension Act, with an amendment. Senate Withdrawn: Chamber Action Reid Amendment No. 4754 (to Amendment No. Routine Proceedings, pages S10235–S10309 4753), to change the enactment date. Measures Introduced: Seven bills were introduced, Pages S10244, S10251 During consideration of this measure today, Senate as follows: S. 4027–4033. Page S10304 also took the following action: Measures Reported: By 47 yeas to 52 nays (Vote No. 273), two-thirds of S. 3480, to amend the Homeland Security Act of those Senators duly chosen and sworn, not having voted 2002 and other laws to enhance the security and re- in the affirmative, Senate rejected the Coburn motion to siliency of the cyber and communications infrastruc- suspend rule XXII of the Standing Rules of the Senate, ture of the United States, with an amendment in the including any germaneness requirements, for the purpose of proposing and considering amendment no. 4765. nature of a substitute. (S. Rept. No. 111–368) Pages S10244–45, S10249–51 S. 3297, to update United States policy and au- By 37 yeas to 63 nays (Vote No. 274), two-thirds of thorities to help advance a genuine transition to de- those Senators duly chosen and sworn, not having voted mocracy and to promote recovery in Zimbabwe, with in the affirmative, Senate rejected the DeMint motion to an amendment in the nature of a substitute. (S. suspend rule XXII of the Standing Rules of the Senate Rept. No. 111–369) Page S10303 for the purpose of proposing and considering amendment no. 4804. Pages S10247, S10251 Measures Passed: By 43 yeas to 57 nays (Vote No. 275), two-thirds Coast Guard Authorization Act: Senate passed of those Senators duly chosen and sworn, not having H.R. 6516, to make technical corrections to provi- voted in the affirmative, Senate rejected the Sanders sions of law enacted by the Coast Guard Authoriza- motion to suspend rule XXII of the Standing Rules tion Act of 2010. Page S10308 of the Senate for the purpose of proposing and con- sidering amendment no. 4809. House Messages: Pages S10245–46, S10251 Airport and Airway Extension Act: By 81 yeas Printing Tributes—Agreement: A unanimous- to 19 nays (Vote No. 276), Senate agreed to the mo- consent agreement was reached providing that the tion to concur in the amendment of the House of order for the printing of tributes be modified to pro- Representatives to the amendment of the Senate to vide that Members have until sine die of the 111th H.R. 4853, to amend the Internal Revenue Code of Congress, 2nd session to submit tributes and that 1986 to extend the funding and expenditure author- the order for printing remain in effect. Page S10308 ity of the Airport and Airway Trust Fund, to amend Executive Reports of Committees: Senate received title 49, United States Code, to extend authoriza- the following executive report of a committee: tions for the airport improvement program, with Report to accompany Treaty on Plant Genetic Re- Reid/McConnell Modified Amendment No. 4753 (to sources for Food and Agriculture (Treaty Doc. the House amendment to the Senate amendment), in 110–19) (Ex. Rept. 111–7). Page S10303 the nature of a substitute, after taking action on the following motions and amendments proposed there- Treaty With Russia on Measures for Further Reduction and Limitation of Strategic Offensive to: Pages S10244–56 Arms: By 66 yeas to 32 nays (Vote No. 277), Senate D1195

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agreed to the motion to proceed to executive session Additional Statements: Page S10302 to consider Treaty Doc. 111–5, between the United Amendments Submitted: Pages S10307–08 States of America and the Russian Federation on Measures for the Further Reduction and Limitation Authorities for Committees to Meet: Page S10308 of Strategic Offensive Arms, signed in Prague on Privileges of the Floor: Page S10308 April 8, 2010, with Protocol. Page S10261 Record Votes: Five record votes were taken today. A unanimous-consent agreement was reached pro- (Total—277) Pages S10251, S10255, S10261 viding that, as if in Executive Session, at approxi- Adjournment: Senate convened at 9:30 a.m. and mately 9:30 a.m., on Thursday, December 16, 2010, adjourned at 6:24 p.m., until 9:30 a.m. on Thurs- Senate proceed to Executive Session and begin con- day, December 16, 2010. (For Senate’s program, see sideration of the treaty, and that the treaty be con- the remarks of the Acting Majority Leader in today’s sidered read. Pages S10308–09 Record on page S10309.) Nominations Received: Senate received the fol- lowing nominations: Committee Meetings Clyde E. Terry, of New Hampshire, to be a Mem- ber of the National Council on Disability for a term (Committees not listed did not meet) expiring September 17, 2013. 41 Air Force nominations in the rank of general. BUSINESS MEETING 1 Army nomination in the rank of general. Committee on Agriculture, Nutrition, and Forestry: Com- Page S10309 mittee ordered favorably reported the nomination of Ramona Emilia Romero, of Pennsylvania, to be Gen- Messages from the House: Page S10302 eral Counsel of the Department of Agriculture. Executive Communications: Pages S10302–03 BUSINESS MEETING Executive Reports of Committees: Page S10303 Committee on Finance: Committee ordered favorably Additional Cosponsors: Pages S10304–05 reported the nomination of Carolyn W. Colvin, of Statements on Introduced Bills/Resolutions: Maryland, to be Deputy Commissioner of Social Se- Pages S10305–07 curity, Social Security Administration. h House of Representatives States Code, to extend authorizations for the airport Chamber Action improvement program, and for other purposes (H. Public Bills and Resolutions Introduced: 5 public Rept. 111–682). Page H8519 bills, H.R. 6522–6526; and 7 resolutions, H.J. Res. 104; H. Con. Res. 334; and H. Res. 1763, 1765, Suspensions: The House agreed to suspend the rules and pass the following measures: 1767–1769 were introduced. Pages H8519–20 Amending the National Defense Authorization Additional Cosponsors: Page H8520 Act for Fiscal Year 2010 to improve the Littoral Reports Filed: Reports were filed today as follows: Combat Ship program of the Navy: H.R. 6494, H. Res. 1764, providing for consideration of the amended, to amend the National Defense Authoriza- Senate amendment to the bill (H.R. 2965) to amend tion Act for Fiscal Year 2010 to improve the Littoral the Small Business Act with respect to the Small Combat Ship program of the Navy; Pages H8359–62 Business Innovation Research Program and the Small Business Technology Transfer Program, and for other Congratulating Auburn University quarterback purposes (H. Rept. 111–681) and and College Park, Georgia, native Cameron New- H. Res. 1766, providing for consideration of the ton on winning the 2010 Heisman Trophy: H. Senate amendment to the House amendment to the Res. 1761, to congratulate Auburn University quar- Senate amendment to the bill (H.R. 4853) to amend terback and College Park, Georgia, native Cameron the Internal Revenue Code of 1986 to extend the Newton on winning the 2010 Heisman Trophy for funding and expenditure authority of the Airport being the most outstanding college football player in and Airway Trust Fund, to amend title 49, United the United States, by a 2⁄3 yea-and-nay vote of 378

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T. Cortes Post Office’’, by a 2⁄3 yea-and-nay vote of Honoring the accomplishments of Norman 399 yeas with none voting ‘‘nay’’, Roll No. 634; and Yoshio Mineta: H. Res. 1377, to honor the accom- Pages H8383–84 plishments of Norman Yoshio Mineta. Congratulating Gerda Weissmann Klein on Pages H8495–H8500 being selected to receive the Presidential Medal of Senate Messages: Message received from the Senate Freedom: H. Res. 1743, amended, to congratulate by the Clerk and subsequently presented to the Gerda Weissmann Klein on being selected to receive House today and a message received from the Senate the Presidential Medal of Freedom, by a 2⁄3 recorded today appear on pages H8359 and H8390. vote of 407 ayes with none voting ‘‘no’’, Roll No. Senate Referrals: S. 4005 was referred to the Com- 637. Pages H8389–90 mittee on the Judiciary. Pages H8359, H8517 Don’t Ask, Don’t Tell Repeal Act of 2010: The Quorum Calls—Votes: Six yea-and-nay votes and House concurred in the Senate amendment to H.R. two recorded votes developed during the proceedings 2965, to amend the Small Business Act with respect of today and appear on pages H8380–81, to the Small Business Innovation Research Program H8381–82, H8382–83, H8383–84, H8388, and the Small Business Technology Transfer Pro- H8388–89, H8389–90 and H8410. There were no gram, with the amendment printed in H. Rept. quorum calls. 111–681, by a yea-and-nay vote of 250 yeas to 175 Adjournment: The House met at 10 a.m. and ad- nays, Roll No. 638. Pages H8383–88, H8390–H8410 journed at 11:59 p.m. H. Res. 1764, the rule providing for consideration of the Senate amendment, was agreed to by a yea- and-nay vote of 232 yeas to 180 nays, Roll No. 635, Committee Meetings after the previous question was ordered without ob- COMMODITY POSITION LIMITS jection. Pages H8383, H8388 Committee on Agriculture: Subcommittee on General Suspensions—Proceedings Postponed: The House Farm Commodities and Risk Management held a debated the following measures under suspension of hearing to review implementation of provisions of the rules. Further proceedings were postponed: the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to position limits. Testimony Pedestrian Safety Enhancement Act of 2010: S. was heard from the following officials of the Com- 841, to direct the Secretary of Transportation to modity Futures Trading Commission: Gary Gensler, study and establish a motor vehicle safety standard Chairman; and Bart Chilton, Commissioner; and that provides for a means of alerting blind and other public witnesses. pedestrians of motor vehicle operation; Pages H8411–12 FORECLOSURE CRISIS CAUSES/EFFECTS Requiring reports on the management of Arling- Committee on the Judiciary: Concluded hearings on ton National Cemetery: S. 3860, to require reports Foreclosed Justice: Causes and Effects of the Fore- on the management of Arlington National Cemetery; closure Crisis—Part II. Testimony was heard from Pages H8452–56 Senator Whitehouse, and public witnesses. Post-9/11 Veterans Educational Assistance Im- SBIR/STTR REAUTHORIZATION ACT OF provements Act of 2010: S. 3447, to amend title 38, 2009 (DON’T ASK, DON’T TELL REPEAL ACT United States Code, to improve educational assist- OF 2010) ance for veterans who served in the Armed Forces Committee on Rules: Granted, by a vote of 6–2, a rule after September 11, 2001; Pages H8456–66 providing for consideration of the Senate amendment International Protecting Girls by Preventing to H.R. 2965, the SBIR/STTR Reauthorization Act Child Marriage Act of 2010: S. 987, to protect girls of 2009 (Don’t Ask, Don’t Tell Repeal Act of 2010). in developing countries through the prevention of The rule makes in order a motion offered by the Ma- jority Leader or his designee that the House concur child marriage; Pages H8471–74 in the Senate amendment to H.R. 2965 with the Calling on the State Department to list the So- amendment printed in the Rules Committee report. cialist Republic of Vietnam as a ‘‘Country of Par- The rule provides one hour of debate on the motion ticular Concern’’ with respect to religious freedom: equally divided and controlled by the Majority Lead- H. Res. 20, amended, to call on the State Depart- er and Minority Leader or their respective designees. ment to list the Socialist Republic of Vietnam as a The rule waives all points of order against consider- ‘‘Country of Particular Concern’’ with respect to reli- ation of the motion except those arising under clause gious freedom; and Pages H8475–81 10 of rule XXI. The rule provides that the Senate

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amendment and the motion shall be considered as heard from Chairman Levin and Representatives read. Testimony was heard from Representatives Pomeroy, Van Hollen, Doggett, Weiner, Welch, Davis of California, and McKeon. Brady (TX), Herger, Pence, and Graves (GA). TAX RELIEF, UNEMPLOYMENT INSURANCE BRIEFING—COUNTERTERRORISM UPDATE REAUTHORIZATION, AND JOB CREATION ACT OF 2010 Permanent Select Committee on Intelligence: Met in execu- tive session to receive a briefing on Counterterrorism The Committee on Rules: Granted, by a non-record Update. The Committee was briefed by depart- vote, a rule providing for consideration of the Senate mental witnesses. amendment to the House amendment to the Senate amendment to H.R. 4853, the Tax Relief, Unem- BRIEFING—OUTSIDE EMPLOYMENT IN ployment Insurance Reauthorization, and Job Cre- THE INTELLIGENCE C0MMUNITY ation Act of 2010. The rule provides three hours of debate on the topics addressed by the motions speci- Permanent Select Committee on Intelligence: Sub- fied in sections 2 and 3 of the rule, equally divided committee Intelligence Community Management and controlled by the chair and ranking minority met in executive session to receive a briefing on member of the Committee on Ways and Means. The Outside Employment in the Intelligence Commu- rule makes in order a motion offered by the chair of nity. The Committee was briefed by departmental the Committee on Ways and Means that the House witnesses. concur in the Senate amendment to the House amendment to the Senate amendment to H.R. 4853 Joint Meetings with the amendment printed in the Rules Com- No joint committee meetings were held. mittee report. The rule waives all points of order against consideration of the motion except those aris- f ing under clause 10 of rule XXI. If the motion de- COMMITTEE MEETINGS FOR THURSDAY, scribed in section 2 of the rule fails of adoption, the DECEMBER 16, 2010 rule causes to be pending a motion to concur in the Senate amendment to the House amendment to the (Committee meetings are open unless otherwise indicated) Senate amendment to H.R. 4853. Finally, until Senate completion of proceedings enabled by the first three Select Committee on Intelligence: to hold closed hearings to sections of the rule, the Chair may decline to enter- examine certain intelligence matters, 2:30 p.m., SH–219. tain any intervening motion, resolution, question, or notice; the Chair may postpone such proceedings to House such time as may be designated by the Speaker; and Committee on the Judiciary, hearing on the Espionage Act each amendment and motion considered pursuant to and the Legal and Constitutional Issues Raised by the rule shall be considered as read. Testimony was WikiLeaks, 10 a.m., 2141 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, December 16 10 a.m., Thursday, December 16

Senate Chamber House Chamber Program for Thursday: Senate will proceed to executive Program for Thursday: Further Action on H.R. 4853— session for consideration of the New START Treaty. Middle Class Tax Relief Act of 2010 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E2138 McCarthy, Carolyn, N.Y., E2142 Green, Gene, Tex., E2139 McCarthy, Kevin, Calif., E2147 Aderholt, Robert B., Ala., E2145 Grijalva, Rau´ l M., Ariz., E2137 McClintock, Tom, Calif., E2152 Boehner, John A., Ohio, E2150 Guthrie, Brett, Ky., E2137 Markey, Betsy, Colo., E2138 Boozman, John, Ark., E2142 Gutierrez, Luis V., Ill., E2146 Moore, Dennis, Kans., E2144, E2146 Capps, Lois, Calif., E2139 Hastings, Alcee L., Fla., E2142 Coffman, Mike, Colo., E2146 Holden, Tim, Pa., E2149 Owens, William L., N.Y., E2137 Costa, Jim, Calif., E2148 Hoyer, Steny H., Md., E2138 Pallone, Frank, Jr., N.J., E2146 Crowley, Joseph, N.Y., E2143 Jackson Lee, Sheila, Tex., E2141 Paulsen, Erik, Minn., E2139 DeFazio, Peter A., Ore., E2145 Johnson, Sam, Tex., E2137 Peters, Gary C., Mich., E2145 Ehlers, Vernon J., Mich., E2145 Kagen, Steve, Wisc., E2141, E2147 Pingree, Chellie, Me., E2143 Ellison, Keith, Minn., E2139 Kennedy, Patrick J., R.I., E2140 Sessions, Pete, Tex., E2137 Etheridge, Bob, N.C., E2138 Kildee, Dale E., Mich., E2139 Smith, Adrian, Nebr., E2141, E2147 Farr, Sam, Calif., E2138, E2139, E2140, E2141 Kucinich, Dennis J., Ohio, E2140, E2147, E2148 Stark, Fortney Pete, Calif., E2140 Fattah, Chaka, Pa., E2146 Lee, Barbara, Calif., E2145 Wilson, Joe, S.C., E2141 Gordon, Bart, Tenn., E2148, E2149, E2149, E2150, E2150, Lowey, Nita M., N.Y., E2140 E2151, E2151, E2152 Luetkemeyer, Blaine, Mo., E2140, E2147 Wolf, Frank R., Va., E2143

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