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

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

Vol. 156 WASHINGTON, MONDAY, NOVEMBER 29, 2010 No. 153 House of Representatives The House met at 2 p.m. and was PALLONE) come forward and lead the tives, the Clerk received the following mes- called to order by the Speaker pro tem- House in the Pledge of Allegiance. sage from the Secretary of the Senate on No- pore (Ms. RICHARDSON). Mr. PALLONE led the Pledge of Alle- vember 22, 2010 at 2:53 p.m.: giance as follows: That the Senate passed with amendments f H.R. 4783. DESIGNATION OF THE SPEAKER I pledge allegiance to the Flag of the That the Senate concurs in House amend- United States of America, and to the Repub- PRO TEMPORE ment to Senate amendment H.R. 5566. lic for which it stands, one nation under God, That the Senate concurs in House amend- The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. ments S. 3689. fore the House the following commu- f That the Senate passed S. 3650. nication from the Speaker: That the Senate passed with amendment COMMUNICATION FROM THE WASHINGTON, DC, H.R. 6198. November 29, 2010. CLERK OF THE HOUSE That the Senate agreed to without amend- I hereby appoint the Honorable LAURA The SPEAKER pro tempore laid be- ment H. Con. Res. 327. RICHARDSON to act as Speaker pro tempore fore the House the following commu- With best wishes, I am on this day. nication from the Clerk of the House of Sincerely, NANCY PELOSI, LORRAINE C. MILLER. Speaker of the House of Representatives. Representatives: OFFICE OF THE CLERK, f f HOUSE OF REPRESENTATIVES, PRAYER Washington, DC, November 19, 2010. The Chaplain, the Reverend Daniel P. Hon. NANCY PELOSI, ANNOUNCEMENT BY THE SPEAKER Coughlin, offered the following prayer: The Speaker, House of Representatives, PRO TEMPORE Washington, DC. All the ages, all the years and sea- The SPEAKER pro tempore. Pursu- DEAR MADAM SPEAKER: Pursuant to the sons of life are but an eternal moment permission granted in Clause 2(h) of Rule II ant to clause 4 of rule I, the following before You, Almighty God. of the Rules of the U.S. House of Representa- enrolled bills and joint resolution were Grateful for all the blessings You tives, the Clerk received the following mes- signed by the Speaker on Thursday, have showered upon this country in the sage from the Secretary of the Senate on No- November 18, 2010: past, we turn to You again in our vember 19, 2010 at 9:33 a.m.: S. 1376, to restore immunization and present difficulties. That the Senate passed S. 1609. sibling age exemptions for children May this Congress accomplish the That the Senate passed with amendments adopted by United States citizens H.R. 5712. tasks set before it and act in accord under the Hague Convention on Inter- with Your commands. That the Senate agreed to S. Con. Res. 75. That the Senate agreed to S. Con. Res. 76. country Adoption to allow their admis- Help all Americans seize each new sion into the United States; day and make the most of it with Your That the Senate agreed to H. Con. Res. 332. With best wishes, I am S. 3567, to designate the facility of grace and inspiration and so give You Sincerely, the United States Postal Service lo- glory by the way they live and the de- LORRAINE C. MILLER. cated at 100 Broadway in Lynbrook, cisions they make both now and for- f New York, as the ‘‘Navy Corpsman Jef- ever. frey L. Wiener Post Office Building’’; Amen. COMMUNICATION FROM THE CLERK OF THE HOUSE S.J. Res. 40, appointing the day for f the convening of the first session of the THE JOURNAL The SPEAKER pro tempore laid be- One Hundred Twelfth Congress; fore the House the following commu- The SPEAKER pro tempore. The and the Speaker signed on Friday, nication from the Clerk of the House of Chair has examined the Journal of the November 19, 2010: Representatives: last day’s proceedings and announces H.R. 1722, to require the head of each to the House her approval thereof. OFFICE OF THE CLERK, executive agency to establish and im- Pursuant to clause 1, rule I, the Jour- HOUSE OF REPRESENTATIVES, plement a policy under which employ- Washington, DC, November 22, 2010. nal stands approved. ees shall be authorized to telework, Hon. NANCY PELOSI, and for other purposes; f The Speaker, House of Representatives, S. 3774, to extend the deadline for So- PLEDGE OF ALLEGIANCE Washington, DC. DEAR MADAM SPEAKER: Pursuant to the cial Services Block Grant expenditures The SPEAKER pro tempore. Will the permission granted in Clause 2(h) of Rule II of supplemental funds appropriated fol- gentleman from New Jersey (Mr. of the Rules of the U.S. House of Representa- lowing disasters occurring in 2008.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 02:10 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A29NO7.000 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7618 CONGRESSIONAL RECORD — HOUSE November 29, 2010 RESIGNATION FROM THE HOUSE sible by The Post and Courier. The The Clerk read the title of the bill. OF REPRESENTATIVES Greenville News editorialized last week The text of the Senate amendments The SPEAKER pro tempore laid be- that the Yucca closing is politically is as follows: fore the House the following resigna- expedient but practically foolish. Senate amendments: tion from the House of Representa- Nuclear energy is a clean, safe, and Strike all after the enacting clause and insert the following: tives: cost-effective energy source that has provided over half of the electricity in SECTION 1. SHORT TITLE. HOUSE OF REPRESENTATIVES, South Carolina for 30 years. But in This Act may be cited as the ‘‘The Physician Washington, DC, November 24, 2010. Payment and Therapy Relief Act of 2010’’. Hon. NANCY PELOSI, order to keep it safe, we must have a SEC. 2. PHYSICIAN PAYMENT UPDATE. Speaker of the House of Representatives, Wash- permanent site for disposal. Section 1848(d)(11) of the Social Security Act ington, DC. In conclusion, God bless our troops, (42 U.S.C. 1395w–4(d)(11)) is amended— DEAR MADAM SPEAKER: I hereby give no- and we will never forget September the (1) in the heading, by striking ‘‘NOVEMBER’’ tice of my resignation from the United 11th in the global war on terrorism. and inserting ‘‘DECEMBER’’; States House of Representatives, effective f (2) in subparagraph (A), by striking ‘‘Novem- 4:00 p.m., Eastern Standard Time, Monday, ber 30’’ and inserting ‘‘December 31’’; and November 29, 2010. Attached is the letter I PLEDGE TO AMERICA (3) in subparagraph (B)— submitted to Governor Pat Quinn. (Ms. FOXX asked and was given per- (A) in the heading, by striking ‘‘REMAINING Serving the 10th District of Illinois has mission to address the House for 1 PORTION OF 2010’’ and inserting ‘‘2011’’; and been one of the greatest honors of my life. (B) by striking ‘‘the period beginning on De- We saved a veterans hospital, expanded com- minute.) Ms. FOXX. Madam Speaker, when I cember 1, 2010, and ending on December 31, 2010, muter rail and defended Lake Michigan. We and for’’. fought for our district, state, nation and our first ran for public office in 1994, I said SEC. 3. TREATMENT OF MULTIPLE SERVICE PAY- allies overseas. then that we have too much govern- MENT POLICIES FOR THERAPY SERV- I look forward to continuing our important ment. We still have too much govern- ICES. work in the United States Senate. ment. In fact, we have way more gov- (a) SMALLER PAYMENT DISCOUNT FOR CERTAIN Sincerely, ernment than we had then, and it is too MULTIPLE THERAPY SERVICES.—Section 1848(b) MARK KIRK, of the Social Security Act (42 U.S.C. 1395w–4(b)) Member of Congress. much. But Republicans have been listening to the American people who is amended by adding at the end the following HOUSE OF REPRESENTATIVES, new paragraph: Washington, DC, November 24, 2010. agree with us that we have too much ‘‘(7) ADJUSTMENT IN DISCOUNT FOR CERTAIN Hon. PAT QUINN, government, and we have made a MULTIPLE THERAPY SERVICES.—In the case of Governor, State of Illinois, State House, Pledge to America to reduce the role of therapy services furnished on or after January Springfield, IL. the Federal Government in our lives. 1, 2011, and for which payment is made under DEAR GOVERNOR QUINN: I hereby submit my We invite you to look at the Pledge fee schedules established under this section, in- resignation as United States Representative to America that Republicans took last stead of the 25 percent multiple procedure pay- of the 10th District of Illinois, effective 4:00 ment reduction specified in the final rule pub- p.m., Eastern Standard Time, Monday, No- fall. We believe it has had a major impact on the election that was held in lished by the Secretary in the Federal Register vember 29, 2010. on November 29, 2010, the reduction percentage Serving the 10th District of Illinois has November. What we promise is that we shall be 20 percent.’’. been one of the greatest honors of my life. are going to fulfill that pledge and re- (b) EXEMPTION OF PAYMENT REDUCTION FROM We saved a veterans hospital, expanded com- duce the role of the Federal Govern- BUDGET-NEUTRALITY.—Section 1848(c)(2)(B)(v) muter rail and defended Lake Michigan. We ment in our lives and take our country of the Social Security Act (42 U.S.C. 1395w– fought for our district, state, nation and our back to what it was meant to be. 4(c)(2)(B)(v)) is amended by adding at the end allies overseas. the following new subclause: f I look forward to working with you as a ‘‘(VII) REDUCED EXPENDITURES FOR MULTIPLE United States Senator to promote bipartisan b 1410 THERAPY SERVICES.—Effective for fee schedules pro-Illinois policies to strengthen our econ- established beginning with 2011, reduced ex- omy and improve our quality of life. HOUR OF MEETING ON TOMORROW penditures attributable to the multiple proce- Sincerely, Mr. PALLONE. Madam Speaker, I dure payment reduction for therapy services (as MARK KIRK, ask unanimous consent that when the described in subsection (b)(7)).’’. Member of Congress. House adjourns today, it adjourn to SEC. 4. DETERMINATION OF BUDGETARY EF- f meet at 10:30 a.m. tomorrow for morn- FECTS. ing-hour debate. The budgetary effects of this Act, for the pur- BLUE RIBBON COMMISSION pose of complying with the Statutory Pay-As- The SPEAKER pro tempore. Is there You-Go Act of 2010, shall be determined by ref- (Mr. WILSON of South Carolina objection to the request of the gen- asked and was given permission to ad- erence to the latest statement titled ‘‘Budgetary tleman from New Jersey? Effects of PAYGO Legislation’’ for this Act, sub- dress the House for 1 minute and to re- There was no objection. mitted for printing in the Congressional Record vise and extend his remarks.) f by the Chairman of the Senate Budget Com- Mr. WILSON of South Carolina. mittee, provided that such statement has been Madam Speaker, the Blue Ribbon Com- ANNOUNCEMENT BY THE SPEAKER submitted prior to the vote on passage. mission on America’s Nuclear Future PRO TEMPORE Amend the title so as to read: ‘‘An Act En- is set to visit South Carolina and the The SPEAKER pro tempore. Pursu- titled The Physician Payment and Therapy Relief Act of 2010.’’. Central Savannah River Area, CSRA, ant to clause 8 of rule XX, the Chair on January 6 and 7. Back in July, I in- will postpone further proceedings The SPEAKER pro tempore. Pursu- vited the cochairmen of the commis- today on motions to suspend the rules ant to the rule, the gentleman from sion to request that they hold their on which a recorded vote or the yeas New Jersey (Mr. PALLONE) and the gen- September meeting in the CSRA. and nays are ordered, or on which the tleman from Oregon (Mr. WALDEN) each I’m grateful that the commission is vote incurs objection under clause 6 of will control 20 minutes. planning a visit. This is a perfect loca- rule XX. The Chair recognizes the gentleman tion for the President’s nuclear com- Record votes on postponed questions from New Jersey. mission to review policies related to will be taken after 6 p.m. today. GENERAL LEAVE the storage of nuclear waste. f Mr. PALLONE. Madam Speaker, I Waste material found in South Caro- ask unanimous consent that all Mem- lina is from the weapons production THE PHYSICIAN PAYMENT AND bers may have 5 legislative days in program of the Cold War resulting in THERAPY RELIEF ACT OF 2010 which to revise and extend their re- victory over communism and also now Mr. PALLONE. Madam Speaker, I marks and include extraneous material from commercial nuclear reactors that move to suspend the rules and concur on concurring in the Senate amend- produce energy. The Savannah River in the Senate amendments to the bill ments to H.R. 5712. site should not indefinitely host nu- (H.R. 5712) to provide for certain clari- The SPEAKER pro tempore. Is there clear waste. We should keep Yucca fications and extensions under Medi- objection to the request of the gen- Mountain open. The closing has been care, Medicaid, and the Children’s tleman from New Jersey? criticized as breathtakingly irrespon- Health Insurance Program. There was no objection.

VerDate Mar 15 2010 04:00 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.004 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7619 Mr. PALLONE. Madam Speaker, I fixes do not provide the certainty nec- be more than a hurricane. And so I rise yield myself such time as I may con- essary for physicians to properly run today to support this legislation to ac- sume. their practices. Yet, inaction today knowledge the fact that doctors and Madam Speaker, this bill is a stopgap would disrupt the Medicare system and Medicare go together and they equal measure to guarantee that seniors and jeopardize seniors’ access to care just good health for our constituents. military families can continue to see as the holidays are approaching. Seniors have to go to doctors and ex- their doctors during December while We should pass H.R. 5712, but we pect good health care. Doctors are in we work on a solution for the next must begin working on a long-term, fi- fact those who take the oath to ensure year. Without this legislation, the fees nancially viable solution to fix the that they care for the sick and the fee- Medicare pays to physicians will be re- manner in which physicians are reim- ble. The Houston Chronicle reported duced by 23 percent on December 1, this bursed under Medicare. The first step that more than 300 Texas doctors have Wednesday. And because TRICARE, the must be to repeal the new health care dropped the Medicare program in the civilian health program for military law. The health law cut over $500 bil- last 2 years, 50 in the first 3 months of families and retirees, uses Medicare lion from Medicare to expand Medicaid 2010, because of this crisis. Many people rates, fees for physicians seeing and create a new entitlement program, think of doctors as rich and able; but TRICARE patients would be cut by 23 while completely ignoring the looming many of our doctors are in rural areas percent as well. payment crisis that we must act on and inner city areas and their goal is Madam Speaker, I have to say that with this legislation today. Unfortu- to serve patients who are in need, kind of cut is obviously not reasonable. nately, I think for the last 4 years many without any other means other We have a responsibility to ensure that there has not been a single hearing than Medicare and Medicaid. According Medicare is a steady partner for physi- held on this particular issue. That is to Dr. Susan Bailey, president of the cians so that we are able to maintain long overdue to be done. Texas Medical Association, the Medi- the kind of excellent access to care So while the majority scrambles care system has to be fixed and action that seniors and people with disabil- today to find money to fix the Medi- must be taken to ensure that Medicare ities have come to expect from the pro- care reimbursement system, we should payments to physicians are not dras- gram. Medicare enrollees still enjoy remember that they deliberately chose tically cut. It is a shame to say, doc- better access to care than anyone else not to do this with their disastrous tors have overhead, they have offices, in the country. The rate cuts created health care law. They needed the law they have nurses, they have equipment by the SGR would undermine that to appear less expensive, and the Medi- that they have to pay for, and that is trust that seniors and physicians have care doc fix was simply ignored. part of good health care. And so I think historically had in the program. I support H.R. 5712 to provide a tem- it is important that we look at this The 111th Congress has passed into porary reprieve from the reimburse- legislation as it comes to us, and that law three SGR extensions of less than a ment cut scheduled to take effect the final physician rule, the Centers for year, and this will be the fourth. I Wednesday; however, we must find a Medicare and Medicaid Services, mod- think we need to stop legislating SGR solution to the pending 26 percent cut ify the MPPR policy to apply a 25 per- policy in 1 to 6 month intervals in scheduled to take effect now in Janu- cent reduction rather than the pro- order to provide some stability to the ary. And we have to work together to posed 50 percent reduction to physician Medicare program for 2011. And I hope develop a longer term solution that Medicare payments. However, I think that before the 111th Congress ad- does bring stability to the Medicare the reduction in itself is an oxymoron journs, we can pass legislation address- program. because the question is what are the ing all of 2011 at a minimum. Madam Speaker, I reserve the bal- needs of the patients and how can the I continue to be frustrated that we ance of my time. doctors care for them and how do we are unable to move beyond short-term Mr. PALLONE. Madam Speaker, I ensure that doctors and Medicare work fixes to this major problem facing the yield 3 minutes to the gentlewoman together to make sure that good health Medicare program. The House passed from Texas (Ms. JACKSON LEE). is promoted across America. legislation in 2009 that I co-sponsored (Ms. JACKSON LEE of Texas asked that would have dealt with this SGR and was given permission to revise and b 1420 problem for good; but until we have extend her remarks.) The SPEAKER pro tempore. The that long-term solution in hand, it is Ms. JACKSON LEE of Texas. Madam time of the gentlewoman has expired. essential that Congress pass this legis- Speaker, I thank Mr. PALLONE for his Mr. PALLONE. I yield the gentle- lation to ensure that seniors and mili- constant leadership on health care woman another 30 seconds. tary families do not experience a dis- matters, and the Energy Committee Ms. JACKSON LEE of Texas. While ruption in seeing their doctors this De- and its full complement of members, as that reduction shows movement in the cember. well as Mr. STARK for his continued right direction, any reduction will This legislation, Madam Speaker, is strength on the issues of providing fair- hinder the ability of doctors to effec- completely paid for over 10 years. Ac- ness and balance in the health care sys- tively treat patients who need their cording to the rules of the statutory tem of America. To the managers, my care and who are the most vulnerable— PAYGO law, we aren’t supposed to pay colleagues on the other side of the pregnant women, children, the elderly for SGR bills; but this one is paid for aisle, I appreciate the recognition that and, of course, the feeble, who are suf- despite that. It moved through the we have a bipartisan crisis and that we fering from preexisting diseases or Senate by unanimous consent. all have to address the pending concern chronic illnesses. So it is important And so, Madam Speaker, there is no of a potential cut as we move forward that H.R. 5712, the Physician Payment conceivable reason in my opinion to into 2011. But during the Thanksgiving and Therapy Relief Act of 2010, is oppose this legislation. I would urge holiday as I was in my district, I saw a passed. Members to vote ‘‘yes’’ on this bill and table of doctors in a restaurant who What I would ask, Madam Speaker, help me pursue a longer solution before felt compelled to come and ask me to is: Who are we if we cannot take care Congress finishes business for this support what is called the doctor fix, of the least of those? year. the Medicare fix. I had to assure them I don’t consider doctors wanting I reserve the balance of my time. that Members of Congress were equally more than they deserve. I consider doc- Mr. WALDEN. Madam Speaker, I rise concerned about the providers of tors getting what they deserve to help today in support of the Physician Pay- health care, the implementers of good care for the sick of this Nation. I hope ment and Therapy Relief Act. health for America having to face this that we will have a bill that the Presi- On Wednesday, doctors who partici- kind of dastardly crisis. dent can sign and that we will be able pate in Medicare will face a 21 percent In the State of Texas it is crucial, a to address the question of good health cut in their reimbursement rates. It is State that has the highest number of care in America. unfortunate that we are again debating uninsured and a rising number of im- Madam Speaker, I rise today in support of only a short-term solution to this prob- poverished who do not have access to the amendment to H.R. 5712, ‘‘The Physician lem. Thirty-day patches and 60-day health care, this kind of disaster would Payment and Therapy Relief Act of 2010.’’

VerDate Mar 15 2010 02:10 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 9920 E:\CR\FM\K29NO7.007 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7620 CONGRESSIONAL RECORD — HOUSE November 29, 2010 Under the current health care law, more congressional Democrats decided to for the SGR doctors’ fix; but now I lis- than 32 million additional Americans are ex- pass another patch. In practical terms, ten to the gentleman from California, pected to get insurance, either through an ex- this meant for weeks doctors and other and he starts suggesting that somehow tension of Medicaid, the state-federal program providers saw no or greatly reduced the Democrats are to blame. Well, let for the poor, or through exchanges where low- Medicare payments, but yet they still me suggest that the opposite is true. and moderate-income individuals and families had to pay their rents, payrolls, and Back in November of 2009, about a will be able to purchase private insurance with other overhead expenses. year ago, the Democrats in this House federal subsidies. The measure will require Madam Speaker, this is unacceptable passed a permanent fix. We wouldn’t be most Americans to have health insurance cov- and irresponsible. As a result of the here today if that legislation had been erage; and it will regulate private insurers Democrats’ failure to address this issue supported by the Republicans. To his more closely, banning practices such as denial in a timely manner, tens of millions of credit, only one Republican—Dr. BUR- of care for pre-existing conditions. A key part taxpayer dollars were wasted to reproc- GESS, who is a member of my Health of the new health law also encourages the de- ess physicians’ claims and to send new Subcommittee—did, in fact, support it, velopment of ‘‘accountable care organizations’’ checks to doctors all because the ma- but he was the only one. It is the Re- that would allow doctors to team up with each jority party could not finish its work publicans’ fault that we are constantly other and with hospitals, in new ways, to pro- on time. dealing with these short-term fixes, be- vide medical services. There are some very Physician practices, like most small cause they don’t want to take care of good provisions that seek to ultimately benefit businesses, are hurt by this dereliction the doctors. They don’t want to resolve the public. of duty. In a letter signed by 117 physi- this, and they refused to come to the Today, however, increasing numbers of doc- cian specialty and State medical soci- table and resolve it with us while we tors are not accepting Medicare patients be- eties, physicians detailed how many were in the majority. cause the payments they are receiving are in- practices were forced to seek loans to I don’t want to go into it too much adequate to cover basic expenses of admin- make payroll expenses, to lay off staff today because I know there is support istering care. In fact the Houston Chronicle re- or to cancel capital improvements and on the Republican side of the aisle for ported that more than 300 Texas doctors have investments in electronic health this 60-day fix, until December 30; but dropped the program in the last two years, in- records and other technology. Further- in talking about the Democrats when cluding 50 in the first three months of 2010. more, when payments resumed, many the Republicans are the reason we are here today because they would not sup- According to Dr. Susan Bailey, president of physicians experienced long delays in port the permanent fix and make it so the Texas Medical Association, the Medicare receiving the retroactive adjustments. that we didn’t have to constantly go system is on the verge of imploding unless ac- The physician group letter states, back to the table, I think it is totally tion is taken by Congress to ensure that Medi- ‘‘This is not the way to manage a pro- inappropriate for the gentleman of care payments to physicians are not cut dras- gram that seniors and the disabled rely California to lay blame when, in fact, tically. on.’’ it is his own party that is to blame. Madam Speaker, I urge my colleagues to The legislation before us provides for I reserve the balance of my time. a 1-month postponement of the 23-per- support not only H.R. 5712 but also the overall Mr. HERGER. Madam Speaker, I cent cut; but in 1 month, the cuts re- health of many struggling Americans. I am an would like to mention to my friend, avid supporter of health care reform and I turn, this time even deeper, with pay- the gentleman from New Jersey, that stand today in steadfast support of providing ment cliffs expected to reach nearly 25 the legislation he speaks of, which they affordable health care for all Americans. How- percent on January 1. offered, had a $200 billion, non-paid-for Madam Speaker, the Democrats’ ever, if doctors are unwilling to accept patients bill on that. We have to begin living practice of missing deadlines, of with- with Medicare because they fear they will not within our means, and through our leg- receive payment for their services we face a holding payments and reprocessing islation that we will be offering, we serious dilemma. It is our duty as legislators to Medicare claims is no way to run the will be working to do that. provide such payment guidelines for the legis- program. Furthermore, the Democrats’ I reserve the balance of my time. lation intended to provide affordable quality new health law cuts more than one half Mr. PALLONE. Madam Speaker, I health care for all Americans to ensure that it trillion dollars from Medicare but ask unanimous consent that the bal- achieves is purpose. spends nothing on fixing the physician ance of my time on the majority side In the final physician rule, Centers for Medi- payment problem. It is one of the many be controlled by Representative STARK care and Medicaid Services modified the reasons we should replace that flawed of the Committee on Ways and Means. MPPR policy to apply a 25 percent reduction, legislation with reform Americans can The SPEAKER pro tempore. Without rather than the proposed 50 percent reduction afford and that we should address a objection, the gentleman from Cali- to physicians Medicare payments. While that true long-term fix for our doctors and fornia will control the time. reduction shows movement in the right direc- seniors. A Republican House will run There was no objection. tion, any reduction will hinder doctors’ ability to this program differently. Mr. STARK. Madam Speaker, I yield effectively treat patients who need their care We cannot miss deadlines. We must myself such time as I may consume. the most like children and the elderly. ensure doctors get paid on time for the Before I start, I just want to com- I ask my colleagues to please join me in services they provide. We cannot string ment that my distinguished colleague supporting H.R. 5712, the Physician Payment them along not knowing from one from northern California, on the other and Therapy Relief Act of 2010. month to the next what they will be side of the aisle, can be so mean and so The SPEAKER pro tempore. Without getting paid by Medicare. As doctors tough but, Madam Speaker, in a very objection, the gentleman from Cali- are making decisions about whether or gentle, pleasant way. I do so look for- fornia (Mr. HERGER) will control the not to participate in Medicare next ward to working with him in the next time. year, I want them to know that a Re- Congress to see how he is going to slap There was no objection. publican House will not leave them me around as we proceed to try and Mr. HERGER. I yield myself such twisting in the wind as they have been keep physicians paid and to keep Medi- time as I may consume. this past year. care the great program that it is. Madam Speaker, for the fifth time in Madam Speaker, I reserve the bal- I rise in support of H.R. 5712. The leg- the last year, Democrats’ ability to ance of my time. islation as we know, Madam Speaker, properly manage the Medicare program Mr. PALLONE. I yield myself such provides for a 1-month extension. By is causing medical doctors to confront time as I may consume. extending current law in this manner, a looming massive cut in their Medi- You know, Madam Speaker, I was we put SGR reform on the same time- care reimbursement rates. In fact, very upset to hear the gentleman from table as other Medicare provisions we when the cut went into effect in June, California because I thought, for once— need to renew before the end of the cal- Medicare held physicians’ payments for and it’s very rare around here—as I endar year. Without this bill, as we weeks, and it ultimately was forced to heard the gentleman from Oregon sug- have heard from doctors and other pay claims that cut physicians’ rates gest that he was supporting this bill, health providers, they will see their by 21 percent, only to later send addi- that we finally had some bipartisan Medicare payments cut by 21 to 23 per- tional payments once the majority support and some Republican support cent, and that is not acceptable.

VerDate Mar 15 2010 04:00 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A29NO7.012 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7621 b 1430 Medicare beneficiaries and military families, SECTION 1. LANCE CORPORAL ALEXANDER SCOTT ARREDONDO, UNITED It’s a bad outcome for physicians, for given that payment rates for doctors in STATES MARINE CORPS POST OF- patients, for the government. The only TRICARE, the health care program for active- FICE BUILDING. other solution would be for the Medi- duty service members, National Guard and (a) DESIGNATION.—The facility of the care agency to hold payments until Reserve members, military retirees, and their United States Postal Service located at 655 longer-term SGR reform legislation is families are tied to Medicare rates. Centre Street in Jamaica Plain, Massachu- setts, shall be known and designated as the enacted in December, and that really H.R. 5712 is a good example of how Mem- bers of Congress working together in a spirit ‘‘Lance Corporal Alexander Scott Arredondo, plays hard with their practices. It is United States Marine Corps Post Office difficult for them to plan, to pay their of bipartisan unity can improve the health and Building’’. employees, pay their rent, and know well being of all Americans. I encourage my (b) REFERENCES.—Any reference in a law, that payments will be postponed for 1 colleagues to support the bill. map, regulation, document, paper, or other month. Mr. VAN HOLLEN. Madam Speaker, I rise record of the United States to the facility re- So I join with my distinguished colin support of legislation that would avert a 23 ferred to in subsection (a) shall be deemed to league across the aisle in supporting percent payment cut for Medicare physicians be a reference to the ‘‘Lance Corporal Alex- H.R. 5712 and asking my colleagues to and continue to provide them with a 2.2 per- ander Scott Arredondo, United States Ma- rine Corps Post Office Building’’. support it this morning. cent update through December 31, 2010. Mr. DINGELL. Madam Speaker, I rise today While I would like to see a permanent, long- The SPEAKER pro tempore. Pursu- to acknowledge my support of the one month term solution to the flawed Medicare physician ant to the rule, the gentleman from patch to the Sustainable Growth Rate, but to payment formula, this stop-gap legislation is Missouri (Mr. CLAY) and the gentleman state once again, that we cannot continue to necessary so that Medicare beneficiaries can from Virginia (Mr. WOLF) each will kick this can down the road. I continue to sup- continue to see their doctor of choice and control 20 minutes. port a permanent fix to the flawed SGR for- have access to the care they need. However, The Chair recognizes the gentleman mula, like the one we passed in the House of a long-term solution to this problem is needed from Missouri. Representatives last year. I also want to ex- to provide stability for physicians who provide GENERAL LEAVE press my continued frustration that the Repub- services under Medicare so that their practices Mr. CLAY. Madam Speaker, I ask licans in the United States Senate thwarted can adequately plan for the expenses they unanimous consent that all Members them from following the House’s lead on this incur for treating Medicare beneficiaries. In may have 5 legislative days in which to sound policy. fact, the House passed legislation this Con- revise and extend their remarks. It is necessary that we pass this one-month gress that would have permanently fixed the The SPEAKER pro tempore. Is there extension today, but it is far from sufficient. Medicare physician payment formula. Unfortu- objection to the request of the gen- Two weeks ago, I introduced H.R. 6427, the nately, it was blocked in the Senate. tleman from Missouri? ‘‘Medicare Physician Payment Update Exten- Madam Speaker, I hope our Republican col- There was no objection. sion Act.’’ This legislation will extend the cur- leagues will join us in finding a long-term solu- Mr. CLAY. Madam Speaker, I yield rent physician Medicare reimbursements for tion to this problem. I urge my colleagues to myself such time as I may consume. 13 additional months. I believe this longer ex- support this legislation. Madam Speaker, on behalf of the tension will give our seniors and physicians Mr. STARK. Madam Speaker, I yield Committee on Oversight and Govern- the peace of mind they need while Congress back the balance of my time. ment Reform, I am pleased to present works on a permanent solution to this long- Mr. HERGER. Madam Speaker, while H.R. 5877, legislation that designates standing problem. I intend to support this bill and urge the U.S. Postal Service facility located Tonight we will pass a one-month extension its passage, our work does not end at 655 Centre Street in Jamaica Plain, to ensure that seniors have access to the here. We must find a long-term, stable Massachusetts, as the ‘‘Lance Corporal same doctors they do today, and so doctors and fiscally responsible solution to this Alexander Scott Arredondo, United will be fairly reimbursed for their services over problem. States Marine Corps Post Office Build- the next month. However, when we come to- Madam Speaker, I yield back the bal- ing.’’ gether to address this problem again in 30 ance of my time. Introduced by our colleague, the gen- days, I urge my colleagues to pass a perma- The SPEAKER pro tempore. The tleman from Massachusetts, Represent- nent solution, or at minimum, pass a year long question is on the motion offered by ative MICHAEL CAPUANO, on July 27, extension so that we can ensure some sta- the gentleman from New Jersey (Mr. 2010, H.R. 5877 enjoys the support of bility to the Medicare program. PALLONE) that the House suspend the Massachusetts’ entire delegation to the Mr. CONYERS. Madam Speaker, I rise rules and concur in the Senate amend- House. today in strong support of H.R. 5712, ‘‘The ments to the bill, H.R. 5712. Madam Speaker, Lance Corporal Physician Payment and Therapy Relief Act of The question was taken; and (two- Arredondo of Randolph, Massachusetts, 2010.’’ One of the most important priorities of thirds being in the affirmative) the was the 968th U.S. military fatality of Congress, regardless of our current economic rules were suspended and the Senate Operation Iraqi Freedom. An avid mar- downturn, is the financial well-being of our Na- amendments were concurred in. tial arts enthusiast, he studied at the tion’s hospitals, and the ability of patients to A motion to reconsider was laid on New England Academy of Martial Arts have access to medically necessary care the table. in Randolph, where he also taught when they need it. f courses to young students. Passage of H.R. 5712 accomplishes both He was assigned to Battalion Land- LANCE CORPORAL ALEXANDER goals by blocking the 23 percent cut in Medi- ing Team 1/4, 11th Marine Expedi- SCOTT ARREDONDO, UNITED care payments to doctors, for one month, tionary Unit, I Marine Expeditionary STATES MARINE CORPS POST while Congress and the Obama Administration Force, out of Marine Corps Base Camp OFFICE BUILDING work together to put together a permanent fix Pendleton. Sadly, on August 25, 2004, to ensure the optimal Medicare reimbursement Mr. CLAY. Madam Speaker, I move Lance Corporal Arredondo was killed rate to doctors and hospitals. to suspend the rules and pass the bill by a sniper in Najaf. He was 20 years In order to have world class hospitals in the (H.R. 5877) to designate the facility of old. United States, we must have the needed fund- the United States Postal Service lo- In closing, let us pay tribute to the ing to ensure that our Nation’s hospitals can cated at 655 Centre Street in Jamaica life and service of Lance Corporal Alex- provide the highest quality care possible. Pas- Plain, Massachusetts, as the ‘‘Lance ander Scott Arredondo by naming the sage of H.R. 5712 will help strengthen our Na- Corporal Alexander Scott Arredondo, Jamaica Plain Post Office Building in tion’s hospitals, especially those located in our United States Marine Corps Post Office his honor. I urge my colleagues to join inner cities and rural areas. Many of these Building’’. me in supporting H.R. 5877. hospitals are experiencing serious funding The Clerk read the title of the bill. Madam Speaker, I reserve the bal- shortages, and are at risk of losing much The text of the bill is as follows: ance of my time. needed doctors and medical staff. H.R. 5877 Mr. WOLF. Madam Speaker, I yield H.R. 5712 is a bipartisan bill that costs one Be it enacted by the Senate and House of Rep- myself such time as I may consume. billion dollars, and is fully paid for. This legisla- resentatives of the United States of America in I rise today in support of H.R. 5877, to tion helps to protect access to doctors for Congress assembled, designate the facility of the United

VerDate Mar 15 2010 04:00 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.010 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7622 CONGRESSIONAL RECORD — HOUSE November 29, 2010 States Postal Service located at 655 placed his marines in an exemplary Whereas workers exposed on a daily basis Centre Street in Jamaica Plain, Massa- manner while setting up a defense and over a long period of time are most at risk, chusetts, as the ‘‘Lance Corporal Alex- preparing for further engagements with but even short-term exposures can cause the ander Scott Arredondo, United States the enemy. disease and an exposure to asbestos for as ‘‘After his fire team was set in de- little as one month can result in mesothe- Marine Corps Post Office Building.’’ lioma 20–50 years later; Madam Speaker, it is altogether fit- fense, Lance Corporal Arredondo was Whereas asbestos was used in the construc- ting and proper that we name this post shot and mortally wounded by a sniper tion of virtually all office buildings, public office in Jamaica Plain for a true as he walked the line checking his ma- schools, and homes built before 1975 and as- American hero who made the ultimate rines. Lance Corporal Arredondo bestos is still on the United States market in sacrifice for our country. fought alongside his fellow marines and over 3,000 products; Born August 5, 1984, Alexander Scott displayed the highest levels of courage Whereas there is no known safe level of ex- Arredondo graduated from Blue Hills and selflessness during the three weeks posure to asbestos; Regional Technical School in Canton, of fighting in Najaf. He gave his life Whereas millions of workers in the United States have been, and continue to be, ex- Massachusetts, in the year 2002. He fighting for freedom and defending his fellow marines.’’ posed to dangerous levels of asbestos; joined the Marine Corps and was as- Whereas the National Institutes of Health signed to the 1 Marine Expeditionary That was not written by me or my reported to Congress in 2006 that mesothe- Force based out of Camp Pendleton, staff. That was written by his com- lioma is a difficult disease to detect, diag- California. He was deployed to Iraq and mander. I think that that alone, that nose, and treat; served his first tour of duty in 2003, one paragraph, clearly underscores ex- Whereas the National Cancer Institute rec- which lasted 9 months. In June, 2004, actly what kind of a person Lance Cor- ognizes a clear need for new agents to im- Lance Corporal Arredondo was de- poral Arredondo was. For a man to give prove the outlook for patients with mesothe- his life at such a young and tender age lioma and other asbestos-related diseases; ployed back to Iraq. Sadly, Madam Whereas for decades, the need to develop Speaker, Lance Corporal Arredondo is an incredible thing, and I am proud— and I want to be very clear, this is the treatments for mesothelioma was overlooked died in Najaf, Iraq, defending freedom and today, even the best available treat- first time I have been here on some- and protecting our Nation. ments usually have only a very limited ef- At only 20 years old, Lance Corporal thing like this. I don’t take this lightly fect and the expected survival time of those Arredondo was on his second tour of at all this. This is not just naming an- diagnosed with the disease is between 8 and duty supporting Operation Iraqi Free- other thing after another person. This 14 months; dom, proving this young man’s brav- particular one is very important to me, Whereas mesothelioma has claimed the to my constituents, and to his family lives of such heroes and public servants as ery, courage, and dedication. He is Admiral Elmo Zumwalt, Jr., and Congress- truly an American hero, and I urge all because of the service he rendered for this country, because of the fact that man Bruce F. Vento, and a high percentage Members to join us in support of this he gave his life fighting for our free- of today’s mesothelioma victims were ex- bill. posed to asbestos while serving in the United dom and our rights. I just want to say Madam Speaker, I reserve the bal- States Navy; ance of my time. thank you to the committee again for Whereas it is believed that many of the Mr. CLAY. Madam Speaker, I yield 5 bringing this bill to the floor, and firefighters, police officers, and rescue work- minutes to the chief sponsor of the leg- thank you to the people who have sup- ers from Ground Zero on September 11, 2001, islation, the gentleman from Massa- ported this bill. may be at increased risk of contracting mesothelioma in the future; chusetts (Mr. CAPUANO). b 1440 Whereas the establishment of a National Mr. CAPUANO. I thank the gen- Mr. WOLF. Madam Speaker, I yield Mesothelioma Awareness Day would raise tleman for yielding. I also want to back the balance of my time. public awareness of the disease and of the thank the committee for putting this Mr. CLAY. Madam Speaker, I again need to develop treatments and enhance pub- bill out. urge my colleagues to join me in sup- lic awareness for it; and Lance Corporal Arredondo was a reporting this measure. Whereas cities and localities across the cipient of the Navy Cross with combat I yield back the balance of my time. country are recognizing September 26 as V and a Purple Heart. He was nomi- The SPEAKER pro tempore. The Mesothelioma Awareness Day: Now, therefore, be it nated for the Bronze Star, and he gave question is on the motion offered by Resolved, That the House of Representa- his life for this country on August 25, the gentleman from Missouri (Mr. tives— 2004. As you heard, he was on his sec- CLAY) that the House suspend the rules (1) supports the goals and ideals of Meso- ond tour of duty in Iraq. and pass the bill, H.R. 5877. thelioma Awareness Day; and I just want to read a paragraph that The question was taken. (2) urges the President to issue a proclama- was written about one of his actions, The SPEAKER pro tempore. In the tion calling on the people of the United his last action, by a lieutenant general opinion of the Chair, two-thirds being States, Federal departments and agencies, that I think sums up what his own colin the affirmative, the ayes have it. States, localities, organizations, and media to annually observe a National Mesothe- leagues, his other Marines, thought of Mr. CLAY. Madam Speaker, on that I demand the yeas and nays. lioma Awareness day with appropriate cere- him. monies and activities. ‘‘On August 25, 2004, Lance Corporal The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- Arredondo gallantly performed the du- ant to clause 8 of rule XX and the ant to the rule, the gentleman from ties of a fire team leader while fighting Chair’s prior announcement, further Missouri (Mr. CLAY) and the gentleman enemy forces in the old city of Najaf. proceedings on this motion will be from Virginia (Mr. WOLF) each will While moving with his squad to attack postponed. control 20 minutes. and clear a two-story building, the pla- f The Chair recognizes the gentleman toon became heavily engaged at close from Missouri. ranges by enemy small arms, machine NATIONAL MESOTHELIOMA GENERAL LEAVE gun, and RPG fire. He never hesitated AWARENESS DAY Mr. CLAY. I ask unanimous consent as he led his Marines under intense fire Mr. CLAY. Madam Speaker, I move that all Members may have 5 legisla- through the building, personally clear- to suspend the rules and agree to the tive days within which to revise and ing rooms and assuming the greatest resolution (H. Res. 771) supporting the extend their remarks. risk as grenade explosions raised an goals and ideals of a National Mesothe- The SPEAKER pro tempore. Is there impenetrable cloud of dust and dirt in lioma Awareness Day. objection to the request of the gen- each room. The Clerk read the title of the resolu- tleman from Missouri? ‘‘Lance Corporal Arredondo led his tion. There was no objection. Marines clearing the objective in a su- The text of the resolution is as fol- Mr. CLAY. I yield myself such time perb manner, never slowing down and lows: as I may consume. never showing any fear. After the ex- H. RES. 771 I rise in support of House Resolution hausting attack, when the platoon had Whereas mesothelioma is a terminal, as- 771, a bill supporting the goals and gained control of the building, Lance bestos-related cancer that affects the linings ideals of National Mesothelioma Corporal Arredondo personally em- of the lungs, abdomen, heart, or testicles; Awareness Day. This resolution will

VerDate Mar 15 2010 04:00 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.012 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7623 raise awareness of this often fatal dis- The SPEAKER pro tempore. Pursu- Colonel Juskalian earned two Silver ease. House Res. 771 was introduced by ant to clause 8 of rule XX and the Stars and four Bronze Stars for actions our colleague, the gentlewoman from Chair’s prior announcement, further in combat. Minnesota, Representative BETTY proceedings on this motion will be After leaving the military, Colonel MCCOLLUM on September 24, 2009. It postponed. Juskalian continued to serve his Vir- was referred to the Committee on Over- f ginia community until his death at the sight and Government Reform which age of 96. As a retired veteran, Colonel COLONEL GEORGE JUSKALIAN ordered it reported favorably on July Juskalian volunteered to help mentor POST OFFICE BUILDING 15, 2010. It comes to the floor today and educate youth throughout the with the support of over 50 cosponsors. Mr. CLAY. Madam Speaker, I move Fairfax County, Virginia, school dis- Madam Speaker, mesothelioma is a to suspend the rules and pass the bill trict. very difficult cancer to detect, diag- (H.R. 6392) to designate the facility of In closing, Madam Speaker, let us nose, and treat. Though relatively rare, the United States Postal Service lo- now pay tribute to Colonel Juskalian’s with about 2,000 new cases diagnosed cated at 5003 Westfields Boulevard in outstanding service and legacy to our each year, those diagnosed with meso- Centreville, Virginia, as the ‘‘Colonel country and to his community through thelioma have an expected survival George Juskalian Post Office Build- the passage of H.R. 6392 and designate time of only 8 to 14 months. ing’’. the Centreville, Virginia, postal facil- Exposure to asbestos is the major The Clerk read the title of the bill. ity on Westfields Boulevard in his risk factor for mesothelioma. A history The text of the bill is as follows: honor, a true American hero. I urge my of asbestos exposure in the workplace H.R. 6392 colleagues to join me in supporting is reported in 70 to 80 percent of cases. Be it enacted by the Senate and House of H.R. 6392. Asbestos was a common building mate- Representatives of the United States of America I reserve the balance of my time. Mr. WOLF. I yield myself such time rial before 1975 and is still found in in Congress assembled, as I may consume. over 3,000 products that are on the mar- SECTION 1. COLONEL GEORGE JUSKALIAN POST OFFICE BUILDING. I introduced this legislation to com- ket today. An exposure for as little as memorate the life of my constituent, 1 month may lead to a diagnoses of (a) DESIGNATION.—The facility of the United States Postal Service located at 5003 the late Army Colonel George mesothelioma decades later. Westfields Boulevard in Centreville, Vir- Juskalian, by dedicating the post office Madam Speaker, mesothelioma is a ginia, shall be known and designated as the of Centreville, Virginia, as the ‘‘Colo- serious and difficult-to-control form of ‘‘Colonel George Juskalian Post Office Build- nel George Juskalian Post Office Build- cancer, and there is much work to be ing’’. ing.’’ done to find new treatment options. (b) REFERENCES.—Any reference in a law, The colonel was born in Fitchburg, Let us now show our support for the map, regulation, document, paper, or other record of the United States to the facility re- Massachusetts. He passed away this awareness of the disease and need for past July 4 at the age of 96, and he these treatment options through the ferred to in subsection (a) shall be deemed to be a reference to the ‘‘Colonel George served our Nation for nearly 30 years passage of House Resolution 771. I urge Juskalian Post Office Building’’. on active duty, including campaigns in my colleagues to join me in supporting The SPEAKER pro tempore. Pursu- World War II, Korea, and Vietnam. it. I reserve the balance of my time. ant to the rule, the gentleman from b 1450 Mr. WOLF. Madam Speaker, I yield Missouri (Mr. CLAY) and the gentleman He joined the United States Army in myself such time as I may consume. from Virginia (Mr. WOLF) each will 1939 and was called to active duty as a I rise today in support of H. Res. 771, control 20 minutes. first lieutenant in 1940 and served with supporting the goals and ideals of a Na- The Chair recognizes the gentleman distinction in World War II. During tional Mesothelioma Awareness Day. It from Missouri. this time, he was captured by the Ger- is a terrible disease, form of cancer, de- GENERAL LEAVE mans in Tunisia and spent 27 months in bilitating ailment that is terminal. Mr. CLAY. Madam Speaker, I ask prisoner of war camps in Italy, Ger- Madam Speaker, many all over the unanimous consent that all Members many, and Poland. world have suffered and died from this may have 5 legislative days within Colonel Juskalian was in General Ei- disease, including a former Member of which to revise and extend their re- senhower’s secretariat in the Pentagon this body. marks. between 1945 and 1948, and was an ad- Bruce F. Vento, a Member who I The SPEAKER pro tempore. Is there viser to the Imperial Iranian Army in served with for 19 years died of meso- objection to the request of the gen- Tehran. He also served our Nation with thelioma in the year 2000. He rep- tleman from Missouri? distinction in France and on the home resented Minnesota’s Fourth District There was no objection. front, retiring with the rank of colonel for 12 terms until his death. I still re- Mr. CLAY. I yield myself such time in 1967. Awards he received include the member the last time I spoke to Mr. as I may consume. Army’s highest award, the Legion of Vento. He was in the back rail there Madam Speaker, on behalf of the Merit, for noncombat service, as well close to the Democratic Cloakroom. Committee on Oversight and Govern- as the Silver Star, the Bronze Star, the So I strongly support and thank the ment Reform, I am pleased to present Army Commendation Medal, the Air gentleman and gentlelady from Min- H.R. 6392, legislation that designates Medal, and the Parachutist Badge, and nesota for offering this and urge all the U.S. Postal Service facility located the combat Infantry Badge with a Star Members to support it. at 5003 Westfield Boulevard in Centre- awarded for World War II and the Ko- I yield back the balance of my time. ville, Virginia, as the ‘‘Colonel George rean War. Mr. CLAY. Madam Speaker, I again Juskalian Post Office Building.’’ Intro- He learned the value of community urge my colleagues to join me in sup- duced by our colleague, the gentleman service at an early age from his par- port of this measure. from Virginia, Representative FRANK ents, who were at the forefront of Ar- I yield back the balance of my time. WOLF, on September 29, 2010, H.R. 6392 menians immigrating to this country The SPEAKER pro tempore. The enjoys the support of Virginia’s entire and who worked to establish the Arme- question is on the motion offered by delegation to the House. nian Church in the United States. the gentleman from Missouri (Mr. Colonel Juskalian served with high The colonel was a longtime resident CLAY) that the House suspend the rules distinction in the U.S. Army for nearly of Centreville and remained actively and agree to the resolution, H. Res. 771. 30 years, which included service in involved in his community until his The question was taken. World War II, Korea, and Vietnam. death through organizations such as The SPEAKER pro tempore. In the Colonel Juskalian survived the hard- the Armenian Assembly of America, opinion of the Chair, two-thirds being ships of being a German prisoner of American Legion Post 1995, and the in the affirmative, the ayes have it. war, enduring nearly 3 years in Nazi Blue and Gray Veterans of Foreign Mr. CLAY. Madam Speaker, on that I POW camps. For his bravery and her- Wars Post 8469. Many knew the colonel demand the yeas and nays. oism throughout this ordeal and his through his volunteer work at local The yeas and nays were ordered. later service in Korea and Vietnam, schools.

VerDate Mar 15 2010 04:00 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.014 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7624 CONGRESSIONAL RECORD — HOUSE November 29, 2010 I want to thank each Member of the never gone through the process of the ANNOUNCEMENT BY THE SPEAKER Virginia delegation as they joined with committee. PRO TEMPORE me to introduce this bill. I also want to I ask to be recognized. The SPEAKER pro tempore. Pursu- thank the gentleman from New York The SPEAKER pro tempore. The ant to clause 8 of rule XX, proceedings (Mr. TOWNS) and the gentleman from House is proceeding with motions to will resume on motions to suspend the California (Mr. ISSA) for working with suspend the rules. rules previously postponed. me to bring this legislation to the floor Mr. BUYER. And if the chairman is Votes will be taken in the following for consideration. not here to present the bill, shouldn’t order: H.R. 5877, by the yeas and nays; Naming the Centreville, Virginia, we go to the next bill, and we would and H. Res. 771, by the yeas and nays. post office facility after Colonel George therefore withdraw this bill? The first electronic vote will be con- Juskalian will be a fitting tribute to The SPEAKER pro tempore. The gen- ducted as a 15-minute vote. The second his many, many years of service, and tleman will suspend. The gentleman will be conducted as a 5-minute vote. will also serve as a constant reminder has not been recognized. of the sacrifices made by members of Mr. BUYER. I ask to be recognized. I f the United States Armed Services. ask unanimous consent to address the I urge a ‘‘yes’’ vote. House for 1 minute. LANCE CORPORAL ALEXANDER I yield back the balance of my time. The SPEAKER pro tempore. Is there SCOTT ARREDONDO, UNITED Mr. CLAY. Madam Speaker, I urge an objection for the gentleman to STATES MARINE CORPS POST my colleagues to support this legisla- speak for 1 minute? Hearing none, the OFFICE BUILDING tion. gentleman is recognized for 1 minute. The SPEAKER pro tempore. The un- I yield back the balance of my time. Mr. BUYER. Wow. Was treating an- finished business is the vote on the mo- The SPEAKER pro tempore. The other Member with dignity so hard, tion to suspend the rules and pass the question is on the motion offered by Madam Speaker? I don’t believe it was. bill (H.R. 5877) to designate the facility the gentleman from Missouri (Mr. You see, you are right. It is within of the United States Postal Service lo- CLAY) that the House suspend the rules your sole discretion to recognize a cated at 655 Centre Street in Jamaica and pass the bill, H.R. 6392. Member. But you chose to exercise the Plain, Massachusetts, as the ‘‘Lance The question was taken; and (two- power of the gavel, Madam Speaker. Corporal Alexander Scott Arredondo, thirds being in the affirmative) the Therein lies the problem. United States Marine Corps Post Office rules were suspended and the bill was I am here. The chairman is not here. Building,’’ on which the yeas and nays passed. He wants a bill brought under suspen- were ordered. A motion to reconsider was laid on sion that was not gone through regular The Clerk read the title of the bill. the table. order of the committee over the objec- The SPEAKER pro tempore. The f tions of the ranking Republican. That question is on the motion offered by PROCESS IN THE HOUSE is an abuse of the process. As a matter the gentleman from Missouri (Mr. of fact, he wants to bring a bill under CLAY) that the House suspend the rules Mr. BUYER. Madam Speaker, since suspension and then do this sort of po- and pass the bill. this bill has not gone through the com- litical treachery of doing a manager’s The vote was taken by electronic de- mittee, I think we ought to just go amendment, and I object to it all. And vice, and there were—yeas 366, nays 0, through regular order and go to the he is not even here to do it. not voting 67, as follows: next bill. As a matter of fact, we’ll So what I am asking is, Madam [Roll No. 581] shut the book on this, Madam Speaker. Speaker, for regular order. If he is not YEAS—366 What do you think? here to pull off this political stunt, The SPEAKER pro tempore. The gen- then we should just proceed and this Ackerman Cantor Dingell tleman will suspend. Aderholt Cao Djou bill should be withdrawn. It is the right Adler (NJ) Capito Doggett Mr. BUYER. Suspend? I ask to be thing to do by the American people to Akin Capps Donnelly (IN) recognized. stop these tactics. Alexander Capuano Doyle The SPEAKER pro tempore. The gen- Altmire Cardoza Dreier I yield back the balance of my time. Andrews Carnahan Driehaus tleman has not been recognized. Baca Carson (IN) Duncan Mr. BUYER. I ask to be recognized. I f Bachmann Carter Edwards (MD) ask unanimous consent to address the Bachus Cassidy Ehlers House for 1 minute. RECESS Baird Castle Ellison Baldwin Castor (FL) Ellsworth The SPEAKER pro tempore. For The SPEAKER pro tempore. Pursu- Barrow Chaffetz Emerson what purpose does the gentleman seek ant to clause 12(a) of rule I, the Chair Bartlett Chandler Engel recognition? declares the House in recess subject to Barton (TX) Chu Eshoo the call of the Chair. Bean Clarke Etheridge Mr. BUYER. I ask unanimous con- Becerra Clay Farr sent to address the House for 5 min- Accordingly (at 2 o’clock and 59 min- Berkley Cleaver Fattah utes. utes p.m.), the House stood in recess Biggert Clyburn Filner Hearing no objection—— subject to the call of the Chair. Bilbray Coble Flake The SPEAKER pro tempore. Five- Bilirakis Coffman (CO) Forbes f Bishop (NY) Cohen Fortenberry minute special orders are not being Bishop (UT) Cole Foster recognized at this time. b 1801 Blackburn Conaway Foxx Mr. BUYER. I ask unanimous con- Blumenauer Connolly (VA) Frank (MA) Blunt Cooper Franks (AZ) sent to address the House for 1 minute. AFTER RECESS Boccieri Costa Frelinghuysen Hearing no objection—— The recess having expired, the House Bonner Costello Fudge The SPEAKER pro tempore. One- Boren Courtney Gallegly was called to order by the Speaker pro Boswell Crenshaw Garamendi minute requests are not being enter- tempore (Mr. CUELLAR) at 6 o’clock and Boucher Critz Garrett (NJ) tained at this time. 1 minute p.m. Boustany Crowley Giffords Mr. BUYER. Oh. So as a sitting Mem- Boyd Cuellar Gingrey (GA) ber of the House, the Speaker chooses f Brady (TX) Culberson Gohmert Braley (IA) Cummings Gonzalez not to recognize another sitting Mem- Bright Davis (CA) Goodlatte ber. Is that correct? ANNOUNCEMENT BY THE SPEAKER Broun (GA) Davis (IL) Gordon (TN) The SPEAKER pro tempore. Recogni- PRO TEMPORE Brown (SC) Davis (KY) Granger Brown, Corrine Davis (TN) Graves (GA) tion is within the discretion of the The SPEAKER pro tempore. Under Buchanan DeGette Graves (MO) Speaker. clause 5(d) of rule XX, the Chair an- Burgess DeLauro Grayson Mr. BUYER. So the discretion of the nounces to the House that, in light of Butterfield Dent Green, Al Speaker here is not to recognize a the resignation of the gentleman from Buyer Deutch Green, Gene Calvert Diaz-Balart, L. Griffith ranking Republican member on a bill Illinois (Mr. KIRK), the whole number Camp Diaz-Balart, M. Guthrie that is about to be heard that was of the House is 434. Campbell Dicks Hall (TX)

VerDate Mar 15 2010 02:27 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.017 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7625 Halvorson Maloney Ros-Lehtinen Shuster Taylor Wamp Holt McGovern Ruppersberger Hare Manzullo Roskam Speier Tiberi Wittman Honda McHenry Ryan (WI) Harman Marshall Ross Stark Tonko Wu Hoyer McIntyre Salazar Harper Matheson Rothman (NJ) Tanner Tsongas Young (AK) Hunter McKeon Sarbanes Hastings (WA) Matsui Roybal-Allard Inglis McMorris Scalise Heinrich McCarthy (CA) Royce b 1831 Inslee Rodgers Schakowsky Heller McCarthy (NY) Ruppersberger So (two-thirds being in the affirma- Israel Meek (FL) Schauer Hensarling McCaul Ryan (WI) Issa Meeks (NY) Schiff Herger McClintock Salazar tive) the rules were suspended and the Jackson (IL) Melancon Schmidt Herseth Sandlin McCollum Sarbanes bill was passed. Jackson Lee Mica Schock Higgins McCotter Scalise The result of the vote was announced (TX) Michaud Schrader Hill McDermott Schakowsky Jenkins Miller (FL) Himes McGovern as above recorded. Schwartz Schauer Johnson (GA) Miller (MI) Scott (GA) Hinchey McHenry Schiff A motion to reconsider was laid on Johnson, E. B. Miller (NC) Hinojosa McIntyre Sensenbrenner Schmidt the table. Johnson, Sam Miller, Gary Hirono McKeon Sessions Schock Jones Miller, George Hodes McMorris Sestak Schrader f Jordan (OH) Minnick Hoekstra Rodgers Shea-Porter Schwartz Kagen Mitchell Holden McNerney Sherman Scott (GA) NATIONAL MESOTHELIOMA Kanjorski Moore (KS) Holt Meek (FL) Shimkus Sensenbrenner Kaptur Moore (WI) Honda Meeks (NY) AWARENESS DAY Shuler Serrano Kennedy Murphy (CT) Hoyer Melancon Simpson Sessions The SPEAKER pro tempore. The un- Kildee Murphy (NY) Hunter Mica Sires Sestak Kilroy Murphy, Tim Inglis Michaud finished business is the vote on the mo- Skelton Shea-Porter Kind Nadler (NY) Inslee Miller (FL) tion to suspend the rules and agree to Slaughter Sherman King (IA) Napolitano Israel Miller (MI) Smith (NE) Shimkus the resolution (H. Res. 771) supporting King (NY) Neal (MA) Issa Miller (NC) Smith (NJ) Jackson (IL) Miller, Gary Shuler the goals and ideals of a National Kingston Neugebauer Smith (TX) Jackson Lee Miller, George Simpson Mesothelioma Awareness Day, on Kirkpatrick (AZ) Nunes Smith (WA) (TX) Minnick Sires which the yeas and nays were ordered. Kissell Nye Skelton Oberstar Snyder Jenkins Mitchell The Clerk read the title of the resolu- Klein (FL) Johnson (GA) Moore (KS) Slaughter Kline (MN) Obey Space Johnson, E. B. Moore (WI) Smith (NE) tion. Kosmas Olson Spratt Johnson, Sam Murphy (CT) Smith (NJ) The SPEAKER pro tempore. The Kratovil Olver Stearns Jones Murphy (NY) Smith (TX) question is on the motion offered by Kucinich Owens Stupak Jordan (OH) Murphy, Tim Smith (WA) Lamborn Pallone Stutzman Kagen Nadler (NY) Snyder the gentleman from Missouri (Mr. Lance Pascrell Sullivan Kanjorski Napolitano Space CLAY) that the House suspend the rules Langevin Paul Sutton Kaptur Neugebauer Spratt and agree to the resolution. Larsen (WA) Paulsen Teague Kennedy Nunes Stearns This will be a 5-minute vote. Larson (CT) Payne Terry Kildee Nye Stupak Latham Perlmutter Thompson (CA) Kilroy Oberstar Stutzman The vote was taken by electronic de- LaTourette Perriello Thompson (MS) Kind Obey Sullivan vice, and there were—yeas 363, nays 0, Latta Peters Thompson (PA) King (IA) Olson Sutton not voting 70, as follows: Lee (CA) Peterson Thornberry King (NY) Olver Teague Petri [Roll No. 582] Lee (NY) Tiahrt Kingston Owens Terry Levin Pingree (ME) Tierney Kirkpatrick (AZ) Pallone Thompson (CA) YEAS—363 Lewis (CA) Pitts Titus Kissell Pascrell Thompson (MS) Lewis (GA) Platts Towns Klein (FL) Paul Ackerman Carson (IN) Engel Thompson (PA) Aderholt Carter Eshoo LoBiondo Poe (TX) Turner Kline (MN) Paulsen Thornberry Loebsack Polis (CO) Kosmas Payne Adler (NJ) Cassidy Etheridge Upton Tiahrt Lofgren, Zoe Pomeroy Kratovil Perlmutter Akin Castle Farr Van Hollen Tierney Lowey Posey Kucinich Perriello Alexander Castor (FL) Fattah Vela´ zquez Titus Lucas Price (GA) Lamborn Peters Altmire Chaffetz Filner Visclosky Towns Luetkemeyer Price (NC) Lance Peterson Andrews Chandler Flake Walden Turner Luja´ n Quigley Langevin Petri Baca Chu Forbes Walz Upton Rahall Larsen (WA) Pingree (ME) Bachmann Clarke Fortenberry Lummis Wasserman Van Hollen Rangel Larson (CT) Pitts Bachus Clay Foster Lungren, Daniel Schultz Vela´ zquez Baird Cleaver Foxx E. Reed Latham Platts Waters Visclosky Baldwin Clyburn Frank (MA) Lynch Rehberg LaTourette Poe (TX) Watson Walden Barrow Coble Franks (AZ) Maffei Reichert Latta Polis (CO) Watt Walz Bartlett Coffman (CO) Frelinghuysen Maloney Richardson Lee (CA) Pomeroy Waxman Wasserman Barton (TX) Cohen Fudge Manzullo Roe (TN) Lee (NY) Posey Weiner Schultz Bean Cole Gallegly Marshall Rogers (AL) Levin Price (GA) Welch Lewis (CA) Waters Becerra Conaway Garamendi Matheson Rogers (KY) Price (NC) Westmoreland Lewis (GA) Quigley Watson Berkley Connolly (VA) Garrett (NJ) Matsui Rogers (MI) Whitfield LoBiondo Rahall Watt Biggert Cooper Giffords McCarthy (CA) Rohrabacher Wilson (OH) Loebsack Rangel Waxman Bilbray Costa Gingrey (GA) McCarthy (NY) Rooney Lofgren, Zoe Reed Weiner Bilirakis Costello Gohmert McCaul Ros-Lehtinen Wilson (SC) Lowey Rehberg Welch Bishop (NY) Courtney Gonzalez McClintock Ross Wolf Lucas Reichert Westmoreland Bishop (UT) Crenshaw Goodlatte McCollum Rothman (NJ) Woolsey Luetkemeyer Richardson Whitfield Blackburn Critz Gordon (TN) McCotter Roybal-Allard Yarmuth Luja´ n Roe (TN) Wilson (OH) Blumenauer Crowley Granger McDermott Royce Young (FL) Lummis Rogers (AL) Wilson (SC) Blunt Cuellar Graves (GA) Lungren, Daniel Rogers (KY) Wolf Boccieri Culberson Graves (MO) NOT VOTING—70 E. Rogers (MI) Woolsey Bonner Cummings Grayson Lynch Rohrabacher Yarmuth Boren Davis (CA) Green, Al Arcuri Gerlach Radanovich Maffei Rooney Young (FL) Boswell Davis (IL) Green, Gene Austria Grijalva Reyes Boucher Davis (KY) Griffith Barrett (SC) Gutierrez Rodriguez NOT VOTING—67 Boustany Davis (TN) Guthrie Berman Hall (NY) Roskam Boyd DeGette Hall (TX) Berry Hastings (FL) Rush Arcuri Delahunt Moran (KS) Brady (TX) DeLauro Halvorson Bishop (GA) Johnson (IL) Ryan (OH) Austria Edwards (TX) Moran (VA) Braley (IA) Dent Hare Boehner Kilpatrick (MI) Sa´ nchez, Linda Barrett (SC) Fallin Murphy, Patrick Bright Deutch Harman Bono Mack Linder T. Berman Fleming Myrick Broun (GA) Diaz-Balart, L. Harper Boozman Lipinski Sanchez, Loretta Berry Gerlach Neal (MA) Brown (SC) Diaz-Balart, M. Hastings (WA) Brady (PA) Mack Scott (VA) Bishop (GA) Grijalva Ortiz Brown, Corrine Dicks Heinrich Brown-Waite, Marchant Serrano Boehner Gutierrez Pastor (AZ) Buchanan Dingell Heller Ginny Markey (CO) Shadegg Bono Mack Hall (NY) Pence Burgess Djou Hensarling Burton (IN) Markey (MA) Shuster Boozman Hastings (FL) Putnam Butterfield Doggett Herger Cantor McMahon Speier Brady (PA) Johnson (IL) Radanovich Buyer Donnelly (IN) Herseth Sandlin Carney McNerney Stark Brown-Waite, Kilpatrick (MI) Reyes Calvert Doyle Higgins Childers Mollohan Tanner Ginny Linder Rodriguez Camp Dreier Hill Conyers Moran (KS) Taylor Burton (IN) Lipinski Rush Campbell Driehaus Himes Dahlkemper Moran (VA) Tiberi Carney Mack Ryan (OH) Cao Duncan Hinchey Davis (AL) Murphy, Patrick Tonko Childers Marchant Sa´ nchez, Linda Capito Edwards (MD) Hinojosa DeFazio Myrick Tsongas Conyers Markey (CO) T. Capps Ehlers Hirono Delahunt Ortiz Wamp Dahlkemper Markey (MA) Sanchez, Loretta Capuano Ellison Hodes Edwards (TX) Pastor (AZ) Wittman Davis (AL) McMahon Scott (VA) Cardoza Ellsworth Hoekstra Fallin Pence Wu DeFazio Mollohan Shadegg Carnahan Emerson Holden Fleming Putnam Young (AK)

VerDate Mar 15 2010 02:27 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A29NO7.013 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7626 CONGRESSIONAL RECORD — HOUSE November 29, 2010 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The Children’s Trust is an altruistic all-time high, we must work to prevent The SPEAKER pro tempore (during humanitarian organization committed diabetes through education and aware- the vote). Two minutes remain in this to the children and families of our ness, as well as work to lower the cost vote. south Florida community. It operates of care associated with this disease. on a simple motto, Madam Speaker: f b 1839 ‘‘Because all children are our chil- So (two-thirds being in the affirma- dren.’’ b 1850 It is this belief that has motivated tive) the rules were suspended and the SPECIAL ORDERS resolution was agreed to. the Children’s Trust since its inception The result of the vote was announced in the year 2002. It has collaborated The SPEAKER pro tempore (Ms. KIL- as above recorded. with children and parents throughout ROY). Under the Speaker’s announced A motion to reconsider was laid on our community in an attempt to policy of January 6, 2009, and under a the table. strengthen the family bond and to help previous order of the House, the following Members will be recognized for f facilitate opportunities to allow the children of south Florida to achieve 5 minutes each. PERSONAL EXPLANATION their full potential. f Mr. CONYERS. Mr. Speaker, on November I encourage all throughout our com- The SPEAKER pro tempore. Under a 29, 2010, I regret that I was not present to munity to take an interest in this previous order of the House, the gentle- vote on H.R. 5877 and H. Res. 771. great organization because, indeed, all woman from Ohio (Ms. KAPTUR) is rec- Had I been present, I would have voted children are our children. ognized for 5 minutes. ‘‘yea’’ on both bills. f (Ms. KAPTUR addressed the House. f INSULT MOSQUE Her remarks will appear hereafter in the Extensions of Remarks.) PERSONAL EXPLANATION (Mr. POE of Texas asked and was given permission to address the House f Mr. GUTIERREZ. Mr. Speaker, I was un- for 1 minute.) The SPEAKER pro tempore. Under a avoidably absent for votes in the House Mr. POE of Texas. Madam Speaker, previous order of the House, the gen- Chamber today. I would like the RECORD to the people who want to build a mosque tleman from North Carolina (Mr. show that, had I been present, I would have at Ground Zero now want American JONES) is recognized for 5 minutes. voted ‘‘yea’’ on rollcall votes 581 and 582. taxpayers to pay $5 million to help (Mr. JONES addressed the House. His f build that mosque. Those who beg for remarks will appear hereafter in the American money to build an insult Extensions of Remarks.) IMPENDING CRISIS IN HEALTH mosque on Ground Zero disrespect the f CARE SYSTEM 3,000 people of all faiths, nations, and (Ms. BERKLEY asked and was given religions that were murdered by a rad- HONORING LEOPOLDO CIFUENTES permission to address the House for 1 ical Islamic faction on 9/11. The SPEAKER pro tempore. Under a minute and to revise and extend her re- Ground Zero is sacred American soil. previous order of the House, the gen- marks.) It’s where America was ambushed by tleman from Florida (Mr. DIAZ- Ms. BERKLEY. Madam Speaker, I killers from the sky. A taxpayer-fund- BALART) is recognized for 5 minutes. rise today to talk about an impending ed mosque at the site comes across as Mr. LINCOLN DIAZ-BALART of crisis in our health care system. If this a memorial and tribute to the radical Florida. Madam Speaker, I rise to Congress can’t figure out a way to re- terrorists that murdered in the name honor the memory of a friend who imburse the doctors that take care of of religion. Such a plan is unwise, in- passed away just a few days ago, a larg- our older Americans, our follow citi- sensitive, and shameful. er than life personality, a generous and zens, our mothers and fathers and Those who wish to build a mosque extraordinary man, Leopoldo grandparents that are on Medicare, should instead build a monument and a Cifuentes. this Nation is going to be in a world of memorial to the victims of 9/11—vic- Scion of a distinguished Cuban fam- hurt. It is time that we put aside petty tims that include Christians, Jews, and ily, his grandfather purchased the politics, figure out how we’re going to Muslims. Otherwise, Ground Zero is famed Partagas cigar factory in 1875. reimburse the doctors and keep the off-limits. The Cifuentes family symbolizes Cuban Medicare system going. And that’s just the way it is. tobacco and cigars, the best in the There are millions of Americans, cer- f world. And Leopoldo Cifuentes symbol- tainly hundreds of thousands of seniors DIABETES AWARENESS MONTH ized his remarkable family. in the district that I represent, that de- (Mr. PAULSEN asked and was given When the Cuban Communist tyranny pend on Medicare to have their health permission to address the House for 1 confiscated all businesses in Cuba in care needs met. You take away their minute.) 1960, including the tobacco business of doctors, you take away any chance Mr. PAULSEN. Madam Speaker, I the Cifuentes family, young Leo came they have of getting medical care. rise today to remind my colleagues to the United States of America, a Let’s get moving on this and provide that as Diabetes Awareness Month country he loved and admired deeply. a permanent fix to reimbursing the comes to a close, we must continue to He married Dagmar Hidalgo Nunez, an doctors, and let’s help our seniors stay work together to protect future gen- extraordinary woman, in 1962. on Medicare. erations from this disease. That year Leopoldo Cifuentes volun- f Cases of diabetes among Americans is teered to join the United States Army. growing at an alarming rate. Today, Years later, he received an honorable THE CHILDREN’S TRUST SIXTH nearly 24 million children and adults discharge and the commendation of the ANNUAL CHAMPIONS FOR CHIL- suffer from this disease, that’s nearly then Army Secretary Cyrus Vance. Leo DREN AWARD CEREMONY one in every three Americans, and an- and Dagmar subsequently moved to (Ms. ROS-LEHTINEN asked and was other 57 million Americans are at risk. Spain, where much of their extended given permission to address the House Madam Speaker, in addition to the family resided. Their children, for 1 minute and to revise and extend alarming number of people affected by Leopoldo, Jr., and Mayte, were born her remarks.) diabetes, the costs associated with this there. As Leopoldo and Dagmar’s fam- Ms. ROS-LEHTINEN. Madam Speak- disease are far too great. The American ily grew, so did Leo’s business success. er, the Children’s Trust hosted its sixth Diabetes Association estimates that But he never stopped loving the United annual Champions for Children awards the total cost associated with diabetes States of America, nor the country of ceremony just recently in south Flor- care costs approximately $174 billion his birth, Cuba. Leopoldo Cifuentes, ida. It honored the exceptional individ- annually. along with his son Leo Jr., and his uals who dedicate their time and serv- With health care costs rising and the nephew Rafael, have been bulwarks in ices to the children of south Florida. number of diagnosed diabetics at an the fight for Cuba’s freedom.

VerDate Mar 15 2010 04:00 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.026 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7627 Madam Speaker, just this last July, gency, and I quote him, ‘‘doesn’t mean teers and a year’s worth of planning when I visited Spain to meet with re- you don’t blow up stuff or kill people and preparation. The VACC Camp is cently arrived former Cuban political who need to be killed.’’ Of course, the the first of its kind in the Nation, and prisoners, Leo, Leo Jr., and Rafa problem is that we are killing a lot of families come from across the country helped me to lend a hand to our heroes, people who don’t need to be killed, in- to participate. the just-released-from-the-gulag nocent civilians caught in the cross- For this 1 week every year, children former political prisoners. And that’s fire. who are usually all but confined to typical of their generosity and their How exactly are we supposed to win their hospital rooms and their homes patriotism. people’s hearts and minds when we are can experience camp activities and a I send my deepest condolences to destroying their homes and extermi- near-normal life. Packed with activi- Dagmar, Mayte, Leo Jr., Rafa, and the nating their families? When will we un- ties and field trips, this week is a week entire wonderful family of Leopoldo derstand that this kind of warfare, this of firsts: First-time dancing, first-time Cifuentes. I will never forget him. entire war is the best propaganda tool bowling, first-time swimming. VACC Camp is not about what the campers f the Taliban could ask for? And besides, Madam Speaker, tank deployment flies cannot do; it’s about what they can do. The SPEAKER pro tempore. Under a Through a partnership with Shake-A- previous order of the House, the gen- directly in the face of the COIN doc- trine that is supposed to be guiding our Leg Miami, the camp even developed a tleman from Oregon (Mr. DEFAZIO) is special sailboat that campers can steer recognized for 5 minutes. Afghanistan strategy. We have all heard General Petraeus wax philo- with their chins, regardless of how (Mr. DEFAZIO addressed the House. sophical about U.S. troops moving much medical equipment they require. His remarks will appear hereafter in Other field trips include cruising on the Extensions of Remarks.) within communities, helping forge a bond between the people and their gov- Biscayne Bay, shopping at Bayside f ernment. Except that tanks and night Marketplace, a day at the beach, and lunch at the Hard Rock Cafe. Often DESTROYING THEIR PROPERTY raids are about just the opposite—removing our troops from Afghan com- this is the one time a year that these AND INSULTING THEIR INTEL- children have a chance to go outside in LIGENCE munities in favor of launching deadly explosives from a safe distance. the fresh air and feel the sunshine on The SPEAKER pro tempore. Under a But apparently NATO officials have their faces. At camp, volunteers make the week previous order of the House, the gentle- come up with a creative way out of unique by putting on carnival nights woman from California (Ms. WOOLSEY) that contradiction. The Post reports and themed dance parties. But above is recognized for 5 minutes. that an Afghan farmer asked a general all, the camp offers a chance to escape Ms. WOOLSEY. Madam Speaker, the at a public meeting, ‘‘Why do you have trip taken by the U.S. delegation to wheelchairs, medical tubes, and breath- to blow up so many of our fields and ing equipment by going swimming. The the NATO summit in Lisbon was an ex- homes?’’ He was told that when vil- pensive one indeed. The decision made process of getting each child into the lagers travel to town to submit a claim pool takes over 20 minutes and five to there to extend our military occupa- for property damage it helps better tion of Afghanistan into 2014 and pos- six volunteers. connect them to their government. Can VACC camp is unique for the oppor- sibly beyond will exact untold, you imagine a response more galling, unsustainable, unacceptable costs. tunities that it provides to its campers Madam Speaker? Now we are not only and their families. Caring for a child A war that has already tragically destroying their property, we are in- cost us 1,400 American lives will now who is dependent upon technology to sulting their intelligence, too. breathe puts an incredible amount of take many hundreds more. A war that This must end, it must end now. And has already drained the Treasury of pressure on even the strongest of fami- Madam Speaker, we must bring our lies. Parents are responsible for inten- $370 billion will drive us further into troops home. Our troops should have debt and stall our economic recovery. sive 24-hour care without a day off. come home a long time ago. Of all the difficulties of caring for a And a war that has undermined our na- f sick child, one of the most trying is so- tional security goals will continue to cial isolation. VACC Camp serves not make us less safe. b 1900 just the kids but also their siblings and Here we are patting down holiday The SPEAKER pro tempore. Under a their parents. With programs like Par- travelers at the airport while we esca- previous order of the House, the gen- ents’ Dinner Out, this camp is a time late a war that is fomenting, rather tleman from Texas (Mr. POE) is recog- to have fun and take a day off. What a than fighting, terrorism. That’s the nized for 5 minutes. luxury. current state of our national security (Mr. POE of Texas addressed the VACC Camp is an opportunity for policy. Talk about missing the forest House. His remarks will appear here- these children and their parents to see for the trees. after in the Extensions of Remarks.) that they are not alone, to build a com- This decision to stay the disastrous f munity and a support structure. course in Afghanistan represents a bro- Camp is a life-changing week for the MIAMI CHILDREN’S HOSPITAL’S ken promise plain and simple, a prom- families and the selfless volunteers VENTILATOR ASSISTED CHIL- ise that was to at least begin ending who make it happen. Sponsored by DREN’S CENTER CAMP this war in July of next year. Mean- Miami Children’s Hospital and sup- while, as the timetable extends, the The SPEAKER pro tempore. Under a ported by hundreds of volunteers, tactics seem to grow more violent. previous order of the House, the gentle- VACC Camp is completely free for the Remember shock and awe in Iraq? woman from Florida (Ms. ROS- families. The camp depends not only on Well, we are now engaged in what one LEHTINEN) is recognized for 5 minutes. the medical professionals who use their American officer called, ‘‘Awe, shock, Ms. ROS-LEHTINEN. Madam Speak- vacation days but also on its many and firepower’’ in the form of enormous er, I am so pleased, so pleased, to rec- teen volunteers. Local high school stu- tanks now rolling into Afghanistan for ognize the Miami Children’s Hospital’s dents interact with campers to make the first time during this war. As if Af- Ventilator Assisted Children’s Center the week truly special and fun, and ghans needed another reminder of the Camp and congratulate them on their they leave the week with lifelong 1980s Soviet invasion, which was heavy 25th anniversary. friendships. Camp is as much of a life- on tank artillery, and left an indelible This extraordinary camp serves chil- changing event for these high school mark on the national consciousness. dren who depend upon medical tech- students as it has been for the campers The optics here, Madam Speaker, are nology to breathe. It gives them a themselves. very bad, and the rhetoric is disturbing chance to just be kids for a week. I am so appreciative, Madam Speak- as well, with one official boasting to Founded in 1986 by Dr. Moises er, of the hard work and the countless the Washington Post, and I quote him, Simpser, the camp has grown from volunteers who come together to make he said, ‘‘We’ve taken the gloves off.’’ serving 50 to over 250. This one magical this camp a magical week year after And another saying that counterinsur- week is the work of hundreds of volun- year.

VerDate Mar 15 2010 02:27 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.032 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7628 CONGRESSIONAL RECORD — HOUSE November 29, 2010 To Dr. Simpser and everyone in- order to reinforce insurgents already United States and her allies grow volved at the VACC Camp: You have there. At the start of their mission, stronger, protecting her from those touched the lives of so many families U.S. forces immediately took heavy who wish to do her harm. and helped so many become happier fire from enemy forces in every direc- The courageous actions of these men and healthier children. Happy 25th an- tion. show their commitment to their mis- niversary, VACC Camp, and keep up After a fellow captain was mortally sion, to each other, and to their coun- the good work. wounded, and the assisting soldier, try. Madam Speaker, I have taken this f Specialist Lowe, wounded and inca- pacitated, Captain Stone and Spe- opportunity to commend the heroic ac- The SPEAKER pro tempore. Under a tions of these men. But I would also previous order of the House, the gen- cialist Evans sprung into action. Cap- tain Stone was dispatched to lead the like to take this opportunity to thank tleman from New Jersey (Mr. GARRETT) them. I would like to thank these men is recognized for 5 minutes. Quick Reaction Force to evacuate Spe- cialist Lowe and the fallen soldier from for sacrificing their lives and their (Mr. GARRETT of New Jersey ad- livelihoods for this country. dressed the House. His remarks will ap- the battlefield back to the combat outpost. Meanwhile, Specialist Evans I want to thank their families for pear hereafter in the Extensions of Re- showing tremendous support, strength, treated Specialist Lowe’s wounds while marks.) and resiliency, and I want to be sure staving off enemy fire. f Maneuvering under fire, Captain that they and their brothers and sisters all across the United States Armed The SPEAKER pro tempore. Under a Stone and Sergeant First Class Brooks, Forces know that we at home are al- previous order of the House, the gen- the onsite commander, immediately ways thinking and supportive of them. tleman from Indiana (Mr. BURTON) is assessed the situation and the course of Americans can sleep more peacefully, recognized for 5 minutes. action for evacuation. They soon real- Americans can live their lives more (Mr. BURTON of Indiana addressed ized that the only way to retrieve the the House. His remarks will appear freely knowing that soldiers like these casualties was to immediately employ brave men from Georgia’s First Squad- hereafter in the Extensions of Re- their men to lay down fire at a tree marks.) ron, 108th Cavalry of the 48th Infantry line that had been the source of the Brigade Combat Team are out there f heaviest assault. fighting for our freedoms. GEORGIA’S FIRST SQUADRON, Once their men were in place and God bless them and their families, 108TH CAVALRY OF THE 48TH IN- able to begin an aggressive attack, and may the Lord continue to bless FANTRY BRIGADE COMBAT Captain Stone, along with another sol- this great and glorious cause called TEAM dier, sprinted approximately 50 meters America. up high ground towards the house The SPEAKER pro tempore. Under a where the casualties were located with- f previous order of the House, the gen- out regard for their own personal safe- b 1910 tleman from Georgia (Mr. GRAVES) is ty. Upon reaching Specialist Evans and REPORT ON RESOLUTION PRO- recognized for 5 minutes. Specialist Lowe, Captain Stone real- VIDING FOR CONSIDERATION OF Mr. GRAVES of Georgia. Madam ized Specialist Lowe was losing a lot of SENATE AMENDMENTS TO H.R. Speaker, I rise today to honor the dis- blood and must be rapidly evacuated 4783, CLAIMS RESOLUTION ACT tinguished service of seven men from out of harm’s way. Captain Stone OF 2010 Georgia’s First Squadron, 108th Cav- sprinted towards one of the vehicles Mr. POLIS, from the Committee on alry of the 48th Infantry Brigade Com- where Specialist Lowe was placed, Rules, submitted a privileged report bat Team based in northwest Georgia. while several rounds of enemy fire shot (Rept. No. 111–660) on the resolution (H. On September 2, 2010, these men re- around him, skimming the top of his Res. 1736) providing for consideration ceived the Bronze Star and Army Com- right boot. of the Senate amendments to the bill mendation Medals with ‘‘V’’ Device for And Captain Stone ran through (H.R. 4783) to accelerate the income tax their personal valor and action in an enemy fire to ensure that Specialist benefits for charitable cash contribu- intense firefight during Operation Lowe received medical attention and tions for the relief of victims of the Brest Thunder. Operation Brest Thun- that the body of his fellow soldier was earthquake in Chile, and to extend the der, an operation involving U.S. troops, retrieved. period from which such contributions French marines, and the Afghanistan This quick thinking and courageous for the relief of victims of the earth- National Army, was designed in order action by Captain Stone and Specialist quake in Haiti may be accelerated, to persuade the citizens of Afghanistan Evans, without regard for their own which was referred to the House Cal- that it was safe for them to participate safety, saved Specialist Lowe’s life and endar and ordered to be printed. in the electoral process in the dan- assured the retrieval of their fellow gerous insurgency area of the Shpee man. Throughout the duration of Oper- f Valley and the Kapisa Province. ation Brest Thunder, Sergeant First THE RULE OF LAW: FEDERAL It was through their bravery and Class Brooks, Staff Sergeant Moore, REGULATIONS boldness during this operation that the Sergeant Mavis and Sergeant Bookout The SPEAKER pro tempore. Under following men have been recognized for endured heavy enemy fire. the Speaker’s announced policy of Jan- their outstanding action. The Bronze These men led valiantly, calmly, and uary 6, 2009, the gentleman from Texas Star Medal with ‘‘V’’ device was award- decisively. Although they were under (Mr. CARTER) is recognized for 60 mined to: heavy enemy fire, these men and their utes as the designee of the minority Captain Nathaniel C. Stone of Monti- team pressed on and unfortunately sus- leader. cello, Georgia; Sergeant First Class tained two casualties. However, they Mr. CARTER. Thank you, Madam Kenneth Brooks of Calhoun, Georgia; were able to maneuver their forces and Speaker. Staff Sergeant William Bookout of hold overwatch positions until the We’ve been talking for a couple of Villa Rica, Georgia; Sergeant Roger Quick Reaction Force could respond to years now about the rule of law and Mavis of Dallas, Georgia; and Spe- medevac any casualties and help neu- how the rules that we set up for our- cialist Christopher Lowe from Savan- tralize the enemy threat. They simul- selves are rules that glue our society nah, Georgia. taneously oversaw the defense of their together. But there are times when Receiving the Army Commendation combat outpost from heavy fire upon there are rules that people have a mis- Medal with ‘‘V’’ device were Staff Ser- the return of their mission. conception about. This happens more geant William Moore of Newnan, Geor- A few of these men have noted Oper- and more when you’re back home, gia, and Specialist Justin Evans of Sil- ation Brest Thunder to be one of the somebody will come to you in the busi- ver Creek, Georgia. toughest battles they have fought. But ness community or even in their per- During Operation Brest Thunder, a it is because of their strength of skill sonal life and complain about some- large number of Taliban had entered that a Taliban commander and almost thing or some way that the govern- the Shpee Valley in Afghanistan in two dozen insurgents fell, helping the ment was interfering with their lives.

VerDate Mar 15 2010 02:27 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.036 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7629 There are times when, at least in my gives them authority to write addi- b 1920 office, where people come in griping tional rules to implement the overall There are more than 40 provisions in about it and unfortunately it’s not the plan of what the Congress perceived to the health care overhaul that require, Federal Government. It’s rarely not be a need of the country and passed in permit, or contemplate Federal rule- the Federal Government, but some- the form of a piece of legislation. From making. We have this tool called the times it’s not the Federal Government that standpoint, I guess all rules are CRA. And I’ve got a board here that but it’s the State government. But al- the resulting fault of the Congress. But tells you a little bit about it, and I told most always people presume that the in the vast majority of instances, the you some of it. So it passed as part of law that is intrusive upon their life, regulations are never addressed by the the Small Business Regulatory En- and these are people that are not in the Congress. forcement Fairness Act of 1996, part of regular course of dealing with Wash- Tonight, some of my friends are join- the Contract for America Advancement ington, those laws were passed by Con- ing me and I’m really proud to have Act of 1996. The purpose was to allow gress. So, therefore, Congress did this them here. We’re going to talk about Congress to review every new Federal to you. And, in a way, it’s true. the fact that this is not the first time regulation issued by the government, Tonight, I want to talk about Fed- this has been recognized as an inter- government agencies, or passed by a eral regulatory authority. Federal reg- ference in the ability to create growth joint resolution and overrule that regu- ulations. We’re at a time right now and create jobs in this country. Back lation. that some would argue is at least equal in the nineties, back in, I believe it was The way it works is the Federal to the Great Depression in a time of right after the 1994 Republican take- agencies shall submit to each House of joblessness and in a time of economic over of the House, the Contract with Congress and to the Comptroller Gen- stagnation. Some would argue we’re America, there were a lot of pieces of eral a comprehensive report on any second to the Great Depression. Which- legislation passed. Some of the things major proposed rule. Congress has 60 ever it is, we have literally hundreds of they tried to do were things that would days to pass a joint resolution of dis- approval of any rule. The Senate must thousands and millions of people in get some of the regulators off the vote on the CRA resolution of dis- this country who need a job. They need backs of small and large businesses approval if this House votes to dis- to work. They want to work. They which would prevent the creation of approve the rule. So that’s the way it want to be out there and be productive wealth, prevent the creation of jobs. members of society. That’s the most works. This is a tool that I have a lot They passed something called the Con- of questions with. important thing in their life. gressional Review Act. It was signed Feeding your family. People go to My first job out of law school when I into law by President Clinton. The great strains to try to make sure that was a young, stupid lawyer and had a Congressional Review Act requires all they can provide for their families. And lot to learn was to be drafting legisla- Federal agencies to submit any new I think all Americans feel that way. tion for the Texas Legislative Council. major regulation—that’s what I was Nothing hurts more than to realize And I didn’t learn a lot there, but I telling you about; agencies have regu- that whether it’s your fault or the learned one thing: When the word latory authority and those regulations fault of the economy or what, you ‘‘shall’’ appeared, it meant you do it. If are like laws written by bureaucrats— can’t find a job in the town you live in, it said ‘‘may,’’ you had other options to Congress for 60 days prior to the en- or maybe even anyplace within driving you could take. But if the legislation actment of that regulation, during distance of where you live. You hesi- says ‘‘shall submit,’’ you shall submit which time Congress can vote to block tate to move all the way across the it. You shall do it. You have to do it. the new rules. country to someplace where you hear But interestingly enough, I don’t think there are jobs because it’s so disruptive With President Obama in the White that this tells you what happens if you to your family. The pressure is tremen- House and REID still throttling the don’t. So there are a lot of questions in dously bad on people in this country Senate, the CRA, the Congressional Re- this bill. This bill needs some further right now. There are folks that are try- view Act, gives the House the potential work. A good friend of mine, Representa- ing to create jobs, and they have things to look at these things and to realize tive GEOFF DAVIS, has actually been that are interfering with their lives. that probably the largest concentra- There’s all kinds of reasons why you tion of regulatory rules that will ever looking into putting a little bit more get stagnation and you get companies be written in the history of this coun- teeth into the Congress’ power to oversee these regulations. So, at this time, that are fearful to create jobs, that try are probably going to be written, or I’m going to yield as much time as he people are, as we hear, quote, hoarding are in the process of being written on wishes to consume to my friend, GEOFF their profits. One of the reasons we ObamaCare right now. DAVIS, to tell us about what he looked talk about all the time is uncer- You hear all these many things that at when he started with his REINS Act tainty—‘‘I don’t know what’s going to are going on, if you just watch your television, about the Secretary has that he proposed and tell us about it. happen and until I know what’s going Take the time you need. come up with a new rule and has grant- to happen, I’m holding onto my Mr. DAVIS of Kentucky. Thank you, money.’’ That might be actually some ed a new waiver to rules, a temporary Judge. It’s good to be with you tonight pretty good planning in many ways. waiver, a permanent waiver, a 60-day working in common cause on this But there’s also that ‘‘I can’t explain rule; a rule forever. Rules are actually issue. So many of us have seen not sim- it’’ factor that is in people’s lives. ‘‘I epidemic. Last year, the Federal Gov- ply in the last 2 years or the last 4 can’t explain it; I just don’t feel good ernment issued a total of 3,316 new years, but a growth of government about things right now.’’ I believe that rules and regulations, an average of 13 really over the last 50 years that is un- a lot of the ‘‘I can’t explain it, I just rules a day. Seventy-eight of those new precedented, and it’s increasing every don’t feel good about things right now’’ rules were major rules. A major rule is year in size. feeling that a lot of Americans have, any rule that may result in an annual The intent behind the Congressional actually you could go back to what effect on the economy of $100 million or Review Act in 1996 was absolutely FDR said: ‘‘The only thing we have to more; a major increase in cost or prices solid. But when it went into law, one of fear is fear itself.’’ We can’t define for consumers; or a significant adverse the challenges that happened was that what causes us to be afraid in many in- effect on the economy. We are already law didn’t really have the teeth in it to stances. But there are things that go seeing that ObamaCare seems to be the force accountability of the agency on that we create in this Congress. mother of all rules. community with the Congress. And I’m Through acts of Congress, we create The Congressional Research Service going to talk a little bit about some of authorities, agencies, boards, commis- reports that ObamaCare gives Federal the things that led up to our introduc- sions, departments, all kinds of enti- agencies substantial responsibility and tion of the REINS Act, H.R. 3765, the ties that have career Federal bureau- authority to, quote, fill in the blanks, Regulations from the Executive In crats that work for them, and we give fill in the details, for the legislation Need of Scrutiny Act. And it’s a long them what’s called regulatory author- that was passed by this Congress and name to really give the analogy of pull- ity. Regulatory authority basically submitted for regulations. ing back on this unbridled growth or

VerDate Mar 15 2010 02:27 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.040 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7630 CONGRESSIONAL RECORD — HOUSE November 29, 2010 race to increase the size of the govern- doubled everybody’s water and sewer country that have a policy that we ment. bills. The sewer bills were the first think is more acceptable, then so be it; The only time that the Congressional thing that came. but there’s no ability for them to, in Review Act has been effectively used to The second thing that we saw, effect, strike back at the ballot box, to block the implementation of a regula- though, because we are one of the more express another opinion. And these are tion was the ergonomics rule from the prosperous parts of the State in terms not people that disagree with the EPA Clinton administration’s Department of having a sustainable tax base and as an agency or any other agency for of Labor that was going to be imple- manufacturing industry, as painful and that matter. It’s a question of con- mented in early 2001, and it was struck unpleasant as it was, if it were, in fact, stitutional authority, and it should be down by the incoming Congress and the correct thing to do, there was a vested here. The power of the purse is then signed into law by President Bush means to cope with that. But I have in the House of Representatives, and as one of his earliest legislative actions towns in my district, particularly in the financial impact of these regula- in 2001. Since that time of the Repub- the rural areas and some of the poorer tions should be in the House as well. lican administration and a subsequent areas, areas where folks do not have And this is what we propose with Democrat administration, we have seen the tax base, smaller cities that have a REINS—to rein in the government an explosion of regulations. We can diminishing and aging population that when a regulation of this magnitude is name virtually any agency in the Fed- are heavily centered on retirees where proposed. What would happen is that at eral Government that on account of the cost of storm water compliance is the end of the comment period, instead two reasons—one, a lack of congres- actually more than the city budget, of being enforced unilaterally upon the sional oversight and enforcement, and there is absolutely no relief at all American people or being in endless where an agency can literally go out or context to be applied in these regu- court or remediation fights, what and move independent of the clear in- lations. would happen, very simply, is those tent of Congress because of some of the I was very concerned about this and bills or those regulations would come nebulous language that’s allowed to go had spoken out on it, and a constituent back here to Capitol Hill. We would into bills to get compromises to get it came and talked to me. And he just have a stand-alone, up-or-down vote, a passed; and the second thing that hap- asked this question. He said, How come no-excuses vote where Members of Con- pens in that, as well, is that these reg- you all can’t vote on these regulations? gress of all 435 districts would have to ulations get promulgated as a means of And we went to work. We went back vote and be accountable back to their an administration in the executive and looked at the original intent of the citizens for the decision they took. If branch to, in effect, subvert what the Congressional Review Act. And the we’re going to have an $800 million in- desire of the Congress is. We saw it in more that our legislative staff and I crease in water and sewer bills, they immigration policy. We’ve seen it in studied that, what we began to see was would vote. If we’re going to increase environmental policy, and we’ve seen it it takes an action of the House and the the unfunded mandates on our schools, in aspects of defense policy. No Child Senate overwhelmingly to repeal that there would be Members of Congress Left Behind is filled with unfunded regulation. and of the Senate who would have had mandates that are placed upon local I thought about this from my time in to take that vote. I think it would have school systems. And the cumulative manufacturing and operations, learn- a restraining factor, knowing that peo- sum of this is a huge amount of the ing how to build things. If we can cre- ple had an out, that there was account- economy. ate something the equivalent of a stop- ability. Compliance with regulation comes light that will simply stop the process, b 1930 with a cost. There’s a scoring system of that becomes the basis of this, and that This extends into so many areas with rules, and what we chose to focus on was the genesis of what became the EPA rules and the multiple rules that was major rules, which I will get to in REINS Act. you mentioned with health care and a minute, but a major rule is one that There was no way for accountability with the new financial regulations, I has a cumulative economic effect of to be given to the American people. could go on ad nauseam, and the sum $100 million a year. That is an awful lot When it’s a faceless executive in an of this economically is devastating to of money. But when we look at a coun- agency, when it’s a department, a sub- our country and it moves us away from try of over 300 million people, we can department within an agency that looking at ways to be more efficient. get there very, very quickly. issues a regulation, comments are rare- I say put the stop in place. This bill Let me give you a personal example. ly carried out. As you noted earlier, we will do that. The REINS Act, H.R. 3765, For people who might be watching this very rarely actually see those regula- makes us all accountable to our citi- broadcast tonight, I ask you this questions briefed. It just comes in a thick zens. The benefits of this are twofold. tion: Has your sewer bill gone up or congressional register of thousands of The first benefit is that this is non- your water bill gone up in the last 5 pages. partisan. In the Bush administration, years? The majority of communities in And here is the thing that came to as some of us have talked about, we no- this country have seen a great increase mind when we looked at that idea of ticed regulations that were being due to a mandate, an unfunded man- how to deal with this from a voting brought about and implemented that date, from the Environmental Protec- perspective. What my friend shared were against the better interest of our tion Agency for storm water compli- opened our eyes to do an amendment to economy, of our communities in many ance. Is environmental stewardship rel- the Congressional Review Act that parts of the country. There wasn’t an evant? Absolutely. But here is the big- would change the nature of it from open and public debate to be able to ad- ger question. I’ll go to northern Ken- Congress has the option to. As you dress that. The thing that this would tucky, and this became the genesis of know, our good friends in the Senate do is it would push power back to the the REINS Act. are somewhat slower than we are in legislature where it needs to be, stop We had just at the peak, the tipping being able to get things done. There the unbridled growth of the executive point of economic growth, about 5 are more abilities to throw a stumbling branch so voters would always have a years ago, a consent decree was nego- block in place. We decided just to take say. tiated in a draconian fashion where we that same idea; let’s create a mandated The second thing it would do, and we dictated to the water district in north- process that, in fact, will force these saw this with the health care bill, 2,700 ern Kentucky for the three counties regulations to be vetted so the Amer- pages, much of it nebulous language where I live, in Boone, Kenton, and ican people have somebody to hold ac- that was given to us midnight Friday Campbell Counties. That consent de- countable. before a Sunday vote on that bill, there cree to mandate a change in storm If the head of the EPA, for example, was no way to fully vet the con- water runoff and how that was going to a regional director of the EPA came sequences of that. I believe what the be handled in our cities in those three into my district in August and made a REINS Act would do is take those rules counties of our 24 counties was an $800 statement to the effect of, If we have and it would lead to more streamlined million unfunded mandate on three to put you all out of business and you and crisp language and eloquent legis- counties in Kentucky. It overnight have to move to other parts of the lative language stated, and avoid the

VerDate Mar 15 2010 02:27 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.042 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7631 ability of any outstanding agency to Mr. WESTMORELAND. That’s right. created these agencies. And I would subvert the will of Congress. And we have people come up to us all argue that EPA has expanded beyond I appreciate being part of this discus- of the time and say, you know, why did anybody’s imagination the things that sion tonight. you all pass this law that says, you they can do. And they don’t think Mr. CARTER. I thank the gentleman. know, that you can’t have dust or you about the fact, like blowing when you My good friend, the gentleman from can’t have spray that blows if you are are crop dusting or spraying your roses Georgia (Mr. WESTMORELAND) is here, spraying your pastures or your fields in your yard if the wind is blowing, and I want to let him make the com- or your bushes. You go, you know, that you’re in violation of the EPA regula- ments he wishes to make. wasn’t in the law. That is not some- tion they are proposing. They don’t re- Mr. WESTMORELAND. I want to thing that we had; that’s something alize what the impact is on human thank my friend from Texas and also that the EPA did or that is something beings. my friend from Kentucky for intro- that the IRS did or that’s something What will happen to us on the Port- ducing the REINS Act, and especially that Homeland Security did on their land cement industry is right now our the gentleman from Texas for your own. And so I just think this is a great major competition is overseas anyway. work in this body late at night like piece of legislation. I appreciate you I mean, China and Japan are import- this, talking about things that we need opening up the debate to it. ing, mainly China now, are importing to do and what the public expects us to Mr. CARTER. Recapturing a little tons of concrete into the United States do as far as ethics and as far as reining bit of my time here, talking about the every year. If we put our manufactur- in some of the government that we Portland cement issue, when I started ers out of business because of this ex- have. You know, I think what a lot of looking into this, and first off to make tremely expensive regulation that people don’t understand is that this this very clear, we are not talking would cause them to be noncompetitive new TSA ruling, this is something that about company called Portland Ce- in the world market. Even if they tried did not come out of Congress. ment, we are talking about a process to compete, their increased costs would Mr. CARTER. That is right. for making cement. It is kind of inter- be such that they would be put out of Mr. WESTMORELAND. This came esting. Cement is the second most con- business from a market standpoint. out of the Department of Homeland Se- sumed product globally in the world. Other people would just have a better curity making their own rules. The The first is water. So honestly, just price. Even with shipping costs, they ObamaCare bill that was passed out of about everything that is constructed, would have a better price. But more so, here, I believe there are 111 agencies, buildings and roadways, has something you lose all of the jobs that are created boards and commissions that are to be to do with cement. And the projections around here for the cement industry if formed by that bill. Each one of those on what this is going to do to the Port- you pass these regulations. will write their own rules and regs. For land cement industry, the people who These are the kinds of things that CBO or anybody else to try to tell us make the concrete that we depend on, Congress ought to be looking at be- how much money this is going to cost, you know probably 90 percent of the cause we are responsible to the people it is impossible because we don’t know skyscrapers of the world use some form of the United States. This House is what type of rules and regs these agen- of pre-stressed concrete to build a sky- called the People’s House because cies, boards and commissions are going scraper. It is a major building material every 2 years we have to look our to come up with. for a thriving economy. What they are neighbors in the face and answer those We had a hearing in the Small Busi- telling us now is that construction questions that your neighbors ask you ness Committee, and we had somebody spending amounts to about a trillion about why in the world did you guys do there from the GAO. We asked them: dollars annually, and that is about a this? When these agencies get this legisla- fourth of the gross domestic product. tion, do they ever go back and talk to The cement industry has declined in b 1940 the Member that offered the legislation relation to the national economic Well, we’re getting blamed for it any- or the committee that it came back downturn, and so has the construction way. We ought to at least look into it, through? industry. and if we can do something about it, we No, not that we know of. It is not a If they do this, this could cost us ought to do something about it. rule. It is not a practice. around 153,000 jobs nationwide. That is I see Congressman DAVIS is back. I’m So while this body might pass some- lost jobs. We are trying to figure out a glad to see you. We’re talking about thing with a certain legislative intent, way to create jobs in this Congress; what this Portland Cement case is by the time it gets to that agency, that is lost jobs. The cement industry going to do to the cement industry. they write rules and regs that go way generates $7.5 billion annually in wages Quite honestly, it’s disastrous. beyond where this body wanted it to go and benefits. According to the Min- Mr. DAVIS of Kentucky. I would perhaps, or maybe not as far as they nesota Plan, about $27.5 billion of agree wholeheartedly with you. In fact, wanted it to go. As the gentleman from America’s economic activity, gross we can extend that almost into every Kentucky mentioned with the water output, occurred in the cement manu- area of small business. For those who bill, the Clean Air Act, the Clean Water facturing industry, and almost $931 have experience in manufacturing and Act, it has gone way beyond what the million in indirect tax revenues were in any number of business areas or con- intention of this body was with the generated for State and local govern- struction that deal with the use of var- EPA and the Fish and Wildlife and the ments. The economic footprint for the ious chemicals, resins and compounds, other agencies that got hold of that cement industry is a trillion dollars. It there is a compliance requirement bill. is very important. called Material Safety Data Sheets, The REINS Act talks about the Port- Now what can happen. According to a MSDS compliance, which requires a land cement, the new regulations that study done by SMU, which happens to very large amount of documentation in the EPA is trying to put on that. A lot be in the great State of Texas, they a business. We look at Portland ce- of people don’t know this, but if you have looked at what this regulation ments, which are very large businesses live on a dirt road with the new dust that is being proposed by the regu- that have these burdens placed upon requirements that the EPA may come lators, and when we say regulators, re- them that are very high, but it’s even out with, you are not going to be able member, nobody elected these people in very small businesses. to drive down that dirt road and create to this job. Most of them work under In working with many manufac- dust. Well, I live on a dirt road and I the civil service idea that once they turing companies in my time before am going to tell you, I don’t know how are here, unless they commit armed coming to Congress, in the 12 years be- to keep it from having dust unless you robbery, you can’t get them out of fore my coming to Congress, after I had have a rainstorm, and then you are their job. So they are employees for left the Service, I saw that these regu- going to get mud. life. They sit around in little offices lations created an undue hidden tax on Mr. CARTER. You will need to have and come up with all of these new America’s ability to compete. It’s not a water truck in front of you to get to ideas, and they expand upon the the idea of being antiregulation. I your house. thoughts that Congress had when we think standards can be very good and

VerDate Mar 15 2010 02:27 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.044 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7632 CONGRESSIONAL RECORD — HOUSE November 29, 2010 very helpful, but it’s the point at which rity for the traveling public. That’s the to the cost. We are driving people away that compliance is mandated and the premise. I sat in here on October 31, from traveling right now because of context of that. 2001, as a candidate for Congress, dur- these intrusions. It’s creating a huge A case in point, I think, that I saw ing the anthrax scare, and I watched burden on the flying public, and it’s en- that typified this more than anything Norman Mineta—former Clinton ad- tirely unnecessary because it’s check- else was the case with my dry cleaners ministration Secretary of Transpor- ing innocent people, and 99 percent of that I had used for years before I ended tation, who stayed over into the Bush our capacity is devoted to checking up running for office. It’s called administration—pleading as the father people for a threat that any trained se- Braxton’s Cleaners. It was started by a of two airline pilots not to implement curity inspector would know is not couple of entrepreneurs who wanted to the processes the way the TSA was even there. That’s a poor use of assets. build this business. They built it. It going to. He said it would create an on- I’ll go back to the Israeli system. I grew. They had very high quality cus- erous cost, that it would create an ex- was traveling out of Israel, alone, with tomer service. Like all of us who have cessive economic burden on the airline a backpack, 17 years ago, on a short started small businesses, we’ve encoun- industry and that it wouldn’t materi- trip that I had had to make into Jeru- tered the issue of how to deal with all ally change the outcome of security. salem. At the time, because of what I of the hidden costs that come with just He advocated the use of a much more did and because of where I had been in running any kind of small business. principle-based and systemic method the military, I had had lots of stamps Well, they hit a point where they used by the Israelis, which involves from countries all over that area— were doing so much business—they questioning and which gets the bags some areas which weren’t particularly were starting some satellite oper- before they ever go into the airport. friendly to Israel. I was asked ques- ations—that the owner decided that he Now we find a situation where I be- tions—a blue-eyed, Caucasian male, would install another dry cleaning ma- lieve, personally, we’re getting into from the United States, who spoke chine. He suddenly found out that, by some Fourth Amendment grounds, not with an Ohio Valley accent. They wanting to do that, he had an EPA as an attorney because I’m not one, but began asking me a series of questions. mandate through the State environ- by questioning the need for these in- They looked at the passport stamps mental cabinet of the Commonwealth trusive searches of everybody within and moved me over and said, We’d like of Kentucky that he had to have the traveling public when, in fact, you to talk to this person over here. boreholes drilled through his floor to threats have already penetrated a se- The other 200-plus people who were see if dry cleaning fluid in any capacity cure area. The bigger question when I going on that L–1011 Delta flight, in had gotten into the groundwater. see the nun here and when I saw the fact, were moved right on through. I The standard that had been levied by video of the—— was asked questions for over an hour the Environmental Protection Agen- Mr. CARTER. Reclaiming my time and a half. There was no cost to those cy—and this is going back to actually for a minute, it is very clear from the other people. The airline was able to do 1999—for the amount of particulate cameras that this is basically a TSA what they did, and they were able to matter of dry cleaning fluid—and es- employee doing a leg search of a nun. very quickly verify that I was, A, no Go ahead. threat and a legitimate customer. That sentially you and I could drink it. It Mr. DAVIS of Kentucky. With that system works, and it works today, and would be awful stuff and probably visual, keep in mind I’ve spent the last it’s almost impossible for somebody to make us sick, but it’s not going to kill 26 years of my life traveling in and out fool that system. us—has been listed with many other of the Middle East in various capac- The other thing that’s important is chemicals as a possible carcinogen. ities—serving there in the military and we don’t need these billions of dollars You would have to pump this into being in and out of the region, trav- spent on these scanners that are being somebody’s body to create a real eling on business, and now as a Member overused. Again, it comes down to situ- health issue, but it was so few parts per of Congress. I’ve had a chance to watch ation awareness. We can address this million that it was actually a higher a system that is virtually flawless, and issue with a lower cost by stepping standard than drinking water is in our it’s based on a series of questions that back and applying what you and Con- county, which is maintained at a very is not intrusive. It’s a free society. gressman WESTMORELAND have been high standard. They’ve maintained their civil liberties talking about tonight, which is just When this was found—and they found with a dramatically higher threat to bringing some common sense to this. one teaspoon of water under the con- terrorism. What is the problem we really want crete pad at Braxton’s Cleaners in Bur- Yet what we have done, if we look at to solve? Give us the most flexibility lington, Kentucky—the inspector said, this, is create the bureaucratization of and the most options to deal with this Well, you’re going to have to remediate security. We’re not going to deal with after the fact. this. the root cause issues; we’re going to Again, before regulations like this His response was, Well, I don’t have treat the symptoms. Nobody will ever should be implemented, I believe we the money to do that. take down an airplane with a box cut- need to have a vote of Congress. Let Then the inspector said, You don’t ter or a pocketknife the way the hi- the will of the people be made known understand. We’re going to shut you jackers did on 9/11. Now that citizens in this rather than just simply giving down if you don’t do this. who are flying know, there have been away another set of our liberties with- So he spent over $50,000, in effect, to multiple instances in flight where peo- out asking that question when, in fact, tear up the floor and to clean up one ple have had erratic behavior, mainly it comes at a significant cost. I think if teaspoon of water. trying to get to the lavatory, and they our taxpayers who don’t travel regu- The context issue here is that this is were tackled by passengers out of con- larly understood the amount of money not Dow Chemical pumping out mil- cern for this. Americans will fight that we spend on hardware, which can lions and millions of gallons of highly back. still be penetrated by some type of a toxic chemicals. This is the local dry The situation has changed, and in ef- serious threat that was just outside cleaner. I’ve had friends who were auto fect, we’re fighting the last battle; that set of assumptions in TSA, we’d mechanics, running small garages, who we’re fighting the last terrorist attack be in a different world. built businesses, and who were success- as opposed to something like the This doesn’t impugn the motivation ful entrepreneurs—taxpayers—creating Israeli system, which really incurs vir- of the folks in the Transportation Se- jobs and growing. They’ve run into the tually no cost and manages to keep a curity Agency. I know there is an on- same kinds of issues that lose context very robust flying public that’s very going argument below the senior man- when they’re complying and seeking to safe, and it all begins with asking ques- agement levels of what works and what fulfill the intent of the law. tions. doesn’t work, and it is by those who Before I yield back, I’ll mention one People bring up the argument, Oh, have lived in that world. They’ve lived other. I see the egregious example of well, you can’t do that because that’s in a high-threat environment and have regulatory intrusion. The purpose, for profiling. been able to thrive. example, of the Transportation Secu- I would disagree with the misuse and I believe we can do that; but again, rity Administration is to provide secu- misunderstanding of that term related let’s come back to these constitutional

VerDate Mar 15 2010 04:00 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.046 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7633 underpinnings that regulations and make this fly ash a toxin. And so the for the difference because we had a rules that are going to govern the cement industry, the concrete industry shortage. And now, if they continue lives, the comings and goings and the went to them and said, look, we are with the regulations they’re con- commerce of all Americans should be mixing this stuff with concrete. Once tinuing with, in 5 years we wouldn’t decided here in House of Representa- the concrete is poured, it’s encased, it’s have any more domestic cement, it tives, over in the Senate, and then part of the mix, it’s concrete. So the would all be coming from foreign coun- signed by the President and not EPA said, yeah, that makes sense, it’s tries. And what does that do? They brought into being on the unilateral not there. But we are still having hear- produce it without the same environ- decision of one individual. ings—or at least from people that are mental regulations that we have. So Mr. CARTER. Reclaiming my time trying to help with the rulemaking— the EPA is just defeating its purpose of for a moment, this morning, in an air- about burying this because right now a trying to clean the air up when we’re port, as I was coming to Washington, I lot of that fly ash or the stuff that has having to import all of our cement. was on one of the earliest flights going been taken out of the TVA where those The gentleman from Texas knows, we out of Austin, Texas. We’re a midsized power plants ran have been taken to put our steel mills out of business, it city, and I’ve never seen so many lines Alabama and put in the ground and cost thousands and thousands of jobs in my life. I mean, they were a good other sites, and they are trying to and money. If we put ourselves out of half mile long. They were back and make a rule to make that a toxic mate- business in the cement industry, we are forth and back and forth. All I could rial. Well, the concrete industry going to be totally reliant on our steel think was that I got there early enough thought they had it all settled until and our cement, two of the biggest that, by the time I got through, I could the EPA came back and said, you know components that we use in the con- just sit and watch the rest of those what? I wonder if you recycle that construction of all of our facilities today. lines build up. They built up, built up, crete—because right now everything is Mr. CARTER. Reclaiming my time, built up. It was unbelievable. being recycled, I mean, we recycle as- what you just described is part of the b 1950 phalt, we recycle concrete, we even re- American frustration factor that is cycle dirt, we clean the dirt—and so part of what has got Americans frus- A guy sitting next to me said, well, they said if you recycle this concrete, trated in this economy right now. It is there are going to be a lot of people then it’s going to put the fly ash back the unknown. It is the what is the gov- missing their flights today, they’re not ernment going to do to me next that’s going to make it—because these were in the air. So what are you going to do out there that has got businessmen, job all the people, I guess, who were com- with it? I mean, are you going to just creators standing around, scratching ing back from Thanksgiving and in- bury it all now and put it in the ground or are you going to use it in concrete? their heads, then they hear this story. stead of flying on Sunday when the I want to tell you a story from my cost was more they waited until Mon- And if you recycle it, you are actually putting it to better use because you’re youth. I was working for the legislative day to get a cheaper flight. Well, what counsel, and then when I left that job, is that going to do to the airline indus- putting it back in concrete. And so this I got hired as the attorney for the Ag try? They are going to have planes fly- is just another part of those stupid reg- Committee of the Texas House of Rep- ing empty. They are going to have peo- ulations. resentatives. I will make this short, ple demanding refunds. It’s going to I come from the construction busi- but it is a great story. The Federal hurt the airline industry. Before we ness, and I know that we, as the new Government passed a new meat-cutting turn around, we’re going to have some- majority that comes in in January, are law, and it was going to affect all these body coming in here and saying, holy going to do everything we can do to mom and pop sausage makers all over cow, TSA put together this regulation, create jobs and we are going to work the State of Texas—at that time we and now we’re causing all these air- hard at it, but until we get the con- had literally thousands of them. We lines to get in serious financial prob- struction industry back on its feet, lems and we’re going to have to buy this economy is going to be very slow were having hearings from these people the airline industry like we bought the to turn around. We have got to put the complaining about what these new reg- automobile industry. I think we should building industry back on its feet. And ulations were doing to them, and in get out of that business. That’s why doing things that the EPA is doing comes two people from the Department this Congress, or somebody who must right now—and not only the EPA, but of Corrections with a guy in a prison respond to the American people, needs the Department of Labor with the new uniform. They put him on the stand in to be involved. That is why I think put- OSHA rules that are coming out, it is the Ag Committee and said, what are ting teeth in the Congressional Review just all different types of things that you here to testify about? And he said, Act through the REINS Act is good. are slowing down that building indus- me and my brother were the best sau- I will yield as much time as Mr. try and slowing down our productivity sage makers in east Texas, we were the WESTMORELAND needs. that we have. Until that gets fixed, best. And this fellow comes in our door Mr. WESTMORELAND. I thank the this economy is not going to recover one day and says, I’m from the Federal gentleman for yielding. like it can. Government, I’ve got some new regula- I wanted to go back to the cement. So I just hope that we can get some- tions. You’re going to have to tear out Mr. CARTER. All right, let’s go back thing done about this where these rules all your equipment and buy new equip- to it. and these regs have to come back in ment. He said we went to the bank and Mr. WESTMORELAND. Being an old front of us. Let us have hearings on we borrowed $25,000 because he said we builder that really spent my whole life them. At least let us give them an idea made the best sausage in east Texas in construction, there is a byproduct of what the legislative intent was and and we put it all in. Six months later that comes from power plants that’s also allow us to look at what these are that same fellow came through our called fly ash. Fly ash is a byproduct and to vote on them because if we’re door and said we’ve got new regula- that comes out of the coal-burning going to get blamed for it, like you tions, you’ve got to have a drain and a plants and it is used in concrete. It said, we might as well at least have a cement floor and you’ve got to have all keeps it from setting up so rapidly to vote on it. stainless steel, so all that stuff has got allow the people to work with it, to get But when the EPA itself says that to go. He said, me and my brother, we a good finish on it. It takes it longer to these regulations could cost the ce- went down and borrowed another set up. In the winter, you can either ment industry $340 million a year and $50,000 from the bank and we redid all put calcium in the concrete to make it decrease the production in this country that. He said, about 1 year later that dry harder—or to at least make it dry by 10 percent, in 2007 I guess it was, or same fellow walked in the door and if it’s cold outside—or you can leave whenever we had Katrina, we had a said, I’ve got bad news for you, so I the fly ash out of it and use a bag mix, shortage of concrete, we had a shortage shot the guy, and now I’m in prison for which makes the concrete more expen- of cement. We actually couldn’t im- attempted manslaughter. That is a sive. port, there was a large import fee on it. true story. The EPA came out with a rule—or We reduced that and started importing Mr. WESTMORELAND. Now he’s they are looking at a rule that would cement from Mexico just to make up making sausage for the State of Texas.

VerDate Mar 15 2010 02:27 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.047 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7634 CONGRESSIONAL RECORD — HOUSE November 29, 2010 Mr. CARTER. That is how frus- So again, it’s a tax by regulation nois—the water, it would be considered trating regulations can be. that’s imposed on local communities dirty by our standards. But if he takes I yield to my friend, Mr. DAVIS. on an issue frankly I think should be water out of the river if they have Mr. DAVIS of Kentucky. There are so controlled by the States and local com- overflow from rain and wants to put it many stories that we can think of, and munities. back in, the whole project was killed it comes back to this issue of having I’ll give you another case in our dis- on one basis: That any water put back context. trict of a very successful young man into the river had to be cleaner than A very successful entrepreneur who from Lewis County, Kentucky. He ran drinking water under the current EPA actually started working in a coal in the current wave of activism of peo- standards. mine at the age of 15, who is a very ple wanting to make a difference. To This affects the energy industry. successful industry executive, made a get elected county judge executive of Coal produces almost 60 percent of comment to me when I first got elected Lewis County, Kentucky. They are in power in this country. One of the issues to Congress that he wished that no per- tough economic times. His name is is with stream mitigation and slurry son could run a Federal agency or serve Tom Massie. He was a stellar student runoff, which is a problem, but the opin the House or the Senate unless they at Lewis County High School. He went erators of the coal mine who want to created one job so that they would to MIT. Got a graduate degree. He in- comply—and most do; they want to do know what it was like to deal with the vented some remarkable robotics tech- the right thing. They also create jobs, consequences of regulations. nologies. Was very successful in busi- and they create jobs that have an im- b 2000 ness, and came back home to invest in pact not simply in West Virginia, Ken- his county—not monetarily but to tucky, southern Ohio, in my part of the We come back and qualify this. The make a difference and turn it around. world. They also support jobs and man- overall intent of the founding of some Energy is an issue not only in Texas ufacturing in New York and New Jer- of these agencies was a very good and Kentucky. We’re energy-producing sey and Pennsylvania because that thing, but let’s step away from the states. We help to run—in effect our electricity goes by wire to other parts EPA for a moment—we’ll come back States are part of the engine of this of the country. there in just a second—but move over Nation to help lay that foundation in That basically creates the same to education. the base of the economy. standpoint. If an operator wants to We have some outstanding schools, Tom Massie came up with a brilliant clean part of the creek, the standard blue ribbon schools in our region, and idea that didn’t involve coal or oil or actually is for water that’s cleaner their increases in performance are not nuclear power—all of which we should than the water that already exists with due to the mandates inside of the No use and let the market work in this the wildlife population that already Child Left Behind bill. In fact, I area—but he came up with an idea that might be there. It creates kind of an brought the Secretary of Education would leverage the resources available impossible situation—a double bind for from the Bush administration, Dr. in Lewis County because it has one of anybody who wants to do business. Margaret Spellings, to Kentucky in the longest stretches of the Ohio River My request is, let’s step back. Regu- 2008. It took almost 9 months to get her of any county in Kentucky. We also lations like that need to be brought there. Because I wanted her to be able have a lot of hills. You might call them into context. And the place to do that to see as an educator—I’m the husband mountains in Texas where you live. We is here. And I just appreciate you in- of a teacher and the father of a current call them hills and hollers where we’re vesting the time to make this dif- school teacher—that the real key to from. ference, to bring this issue before the success in education is not a regu- And this MIT-trained engineer had a American people because it’s a ques- latory mandate; it’s again coming back brilliant idea. And he took the equiva- tion of the—the one saying I heard over to that context on the front lines. lent of a dual-faced pump—and he had and over through our election is we In this case, I took her to two seen some examples done in other parts want to take back America. What’s the schools, one urban school and one rural of the world—that would create a sys- taking back? school that had gone through dramatic tem of two lakes, and we have the Ohio Really what we’re talking about is turnarounds and that were both near River flowing in the front of this, one restoring a constitutional balance that the top of their state in their perform- of the largest rivers in the country. will allow and assure that the elected ance. And in each case it was a Back to And all it would take is channeling representatives and senators of the the Future story. Reestablishing pa- water, pumping it up to a lake on the people will ultimately be accountable rental visitation, empowering teachers top of the hill and creating in effect a for any decisions made by the execu- to bring families that might have some self-replenishing hydroelectric gener- tive branch. challenges literally into the commu- ating system that would meet the hy- I appreciate a chance to participate nity. Packing food backpacks for the droelectric needs for a good part of in this debate and thank you for advo- weekend to make sure that kids in that multicounty area in addition to cating so fiercely on this issue. tough circumstances—having been a the current base. Mr. CARTER. I’m glad you’re here kid in a tough circumstance growing It would create jobs. It would provide with me, and I hope you’ll join me up, I appreciate what teachers did for low-cost utilities so working families again because we’re going to be talking me at the time. and the elderly and the poor would about this a lot this year because it’s And then we get down to the num- have access to electricity. It would be something that matters to the Amer- bers. If we look at the impact of some cheap. It would be an incentive for ican people. I encourage them to con- of these regulations, when you have businesses to grow and for manufac- tact us if there are regulations that are got an adequate performing or excep- turing to come into these areas be- of their lives that are driving them tionally well performing school system cause we wouldn’t just do it there, we crazy because we want to talk about and then impose on that a mandate would do it all through the river basins these things. And we need to get to that requires a huge amount of paper- of our Nation. work getting the teeth put in the pre- work and consumes hours of time, it He found something out in his first vious act so we can actually get this detracts from the classroom. And then impact with the regulatory framework accomplished and start fleecing out the promises under the Individuals that was done out of context. This bril- these, I would say, intrusive regula- with Disabilities in Education Act, liant idea that would have saved jobs tions that are costing us jobs when our which—the intent of the law is good and created jobs in Lewis County, Ken- job here today and every day until this but the implementation is awful be- tucky. He found out if they take water country is back on its feet is to create cause the promise of 40 percent funding out of the Ohio River—which I must jobs, not cost jobs. on an unfunded mandate in already say is not one of the more pristine riv- I think it’s time for me to call it a strapped school systems, and the best— ers of the country in terms of all of its night tonight. So we’re going to rein the average funding in Kentucky runs accumulated detritus coming from the this thing in. And I thank you for join- between 11 and 13 percent of that 40 Allegheny and Monongahela, coming ing me tonight, Mr. DAVIS, and we will percent. down from Pittsburgh to Cairo, Illi- visit some more.

VerDate Mar 15 2010 02:27 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.049 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7635 I yield back the balance of my time. was just a few years ago, $1.05 billion, can agree on what the meaning of the f not what it was when the Farm Bill word is of the word ‘‘fair.’’ Didn’t re- passed here on the floor of the House ceive their fair share. Perhaps that’s REPORT ON RESOLUTION IN THE under the direction of the chairman of true. I actually believe it is true. MATTER OF REPRESENTATIVE the Ag Committee, COLLIN PETERSON of But Marilyn and I have raised three CHARLES B. RANGEL Minnesota, at an additional $100 mil- sons. And anybody that’s raised two or Ms. ZOE LOFGREN of California lion, which was designed to be the sum more kids knows there is no such thing (during the Special Order of Mr. total that would ever be required to as fair unless it’s the State Fair or the CARTER), from the Committee on sweep up any of the remnants of World Fair or the County Fair or a fair Standards of Official Conduct, sub- Pigford Farms, this civil rights case, ball or a foul ball versus fair. But this mitted a privileged report (Rept. No. and package it all up and make sure word ‘‘fair’’ that’s a judgment call is 111–661) on the resolution (H. Res. 1737) that people were compensated and put an amorphous word. It could be any- in the matter of Representative it behind us. No, it has reared its ugly thing. It could be within the context of CHARLES B. RANGEL of New York, head again, Madam Speaker. It’s reared what was fair in 1776 doesn’t fit with which was referred to the House Cal- its ugly head with an issue called what was fair in 1865, doesn’t fit with endar and ordered to be printed. Pigford II. what was fair in 1942, and not with f It wasn’t enough to have Pigford I. what’s fair in 2010. It’s subjective, not Pigford I, which emerged because I be- objective, the term ‘‘fair.’’ And I would PIGFORD FARMS AND lieve there was discrimination taking like to get away from using the word DISCRIMINATION place within some of our USDA offices, ‘‘fair.’’ The SPEAKER pro tempore. Under particularly around the South, where But nonetheless, the data didn’t sup- the Speaker’s announced policy of Jan- the culture of segregation had pre- port that African American farmers uary 6, 2009, the gentleman from Iowa vailed beyond the end of the legal seg- were engaged in the programs to a (Mr. KING) is recognized for 60 minutes regation that we had, and was still, I similar extent as non-African Amer- as the designee of the minority leader. believe, in some of the offices mani- ican farmers, what primarily would be Mr. KING of Iowa. Madam Speaker, fested in the form of discrimination be- white farmers. So that was the report it’s my privilege to be recognized to ad- tween the Farm Service Administra- from 1994. Two years later, actually the dress you here on the floor of the tion personnel. But that discrimination end of that year, 1996, December of United States House of Representatives that then perhaps, and I think likely, 1996, the Secretary of Agriculture Dan and to take up the issues that are on and I believe did carry on through Glickman ordered a suspension of gov- my mind and the issues that I hope are some of those years of the eighties, ernment foreclosures all the way on the minds of the American people, perhaps as far back as the seventies, across the country pending the out- the minds of the people who are the but this case deals with the eighties, come of an investigation into racial elected leaders here in the United the eighties and the nineties. discrimination in the United States States Congress, and hopefully on the So Pigford Farms, the chronology of Department of Agriculture’s agency minds of those of us who see this Amer- it goes this way, Madam Speaker. In loan program. And he later announced ican taxpayer dollar as a pretty sacred 1983, the United States Department of the appointment of a USDA Civil dollar that should be invested wisely Agriculture Civil Rights Office was Rights Task Force. and responsibly. closed. In 1994, and this would be under So under the Reagan administration And there are any number of issues Bill Clinton’s administration with Dan the USDA Civil Rights Office was that can be brought up under that par- Glickman as the Secretary of Agri- closed, 1983. Dan Glickman in 1996 rees- ticular parameter. But I choose to culture, commissioned an accounting tablished a similar agency called the come to the floor tonight, Madam firm or an analysis firm to analyze the USDA Civil Rights Task Force. And in Speaker, to talk to you about the situ- treatment of minorities and women in February of ’97 that task force rec- ation of Pigford Farms. the Farm Service agencies throughout ommended 92 changes to address the Pigford Farms is an issue that the United States. racial bias that existed, I believe, and emerged here in the United States gov- The study examined the conditions to the extent is negotiable or debatable ernment around about and exactly on, from 1990 until 1995 and looked pri- as part of the USDA Civil Rights Ac- began I’d say in 1983, in 1983 when the marily at crop payments and disaster tion Plan. And while the action plan United States Department of Agricul- payment programs in Commodity Cred- acknowledged past problems and of- tural civil rights office was closed. At it Corporations, that’s CCC, loans. A fered solutions for the future improve- that period of time, there wasn’t an final report found from 1990 until 1995, ments, it did not satisfy those seeking oversight department within the USDA minority participation in Farm Service redress of past wrongs and compensa- that might have looked over the shoul- Administration programs was very low, tion for losses suffered. ders of our USDA employees to see if and that minorities received less than So there was a move that was made they were actually treating people their fair share of USDA money for to try to alleviate the allegations of ra- equally with equal opportunity under crop payments, disaster payments, and cial discrimination within the USDA. the law, as I think everyone in this loans. Dan Glickman stepped forward in 1996 Congress will agree every American Now, Madam Speaker, I am always and announced the formation of the citizen deserves equal opportunity suspicious of the ‘‘their fair share.’’ I Civil Rights Task Force. That press under the law. That’s part of the 14th know that the word ‘‘fair’’ comes up in conference in December of 1996, Madam Amendment. We take an oath to up- law over and over again. It comes up in Speaker, was essentially the confession hold the Constitution that includes the many, many pieces of case law, prece- by the Department of Agriculture that 14th Amendment and equal protection dent cases out there. If one would read they had engaged in racial discrimina- under the law and provide for equal op- through that case law, you will see the tion with farm programs, crop pay- portunity, not necessarily equality of word ‘‘fair’’ over and over again. You ments, disaster payments, and loans. result, but equality of opportunity. will hear the word ‘‘fair’’ debated here And this started then the litigation And so I suspect that that focus on the House of Representatives over that was at least anticipated at the under the USDA diminished somewhat and over again. And whenever I hear time. And this litigation began in 1997. or at least didn’t have a check on it this word ‘‘fair,’’ didn’t receive their So in February, February 28 of ’97, from 1983 on. But with the Pigford fair share, I always cringe, because you the Civil Rights Task Force of the Farms issue—and this is the largest know, we are a body that should be USDA recommended 92 changes. And civil rights class action lawsuit in the dealing with facts and empirical data. those changes were not implemented. history of America, Pigford Farms. And the judgment should be on the And so in 1997, same year, the litiga- facts, not the judgment of the facts. tion against the U.S. Department of b 2010 But the word ‘‘fair’’ is always in the Agriculture for discrimination against It looms over the heads of the Mem- mind and the eyes of the person who African American farmers began in Au- bers of Congress here to be not what it utters that word ‘‘fair.’’ And none of us gust of ’97. Two cases. One was brought

VerDate Mar 15 2010 02:27 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.051 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7636 CONGRESSIONAL RECORD — HOUSE November 29, 2010 by Timothy Pigford, Pigford v. Glick- the FDIC, the Federal Deposit Insur- which the issue was raised and the civil man. The other one was Brewington v. ance Corporation, and the Iowa High- rights class action lawsuit was brought Glickman. And it dealt with the farm- way Patrol pulled into my bank. forward against the USDA, that 1997 ers from 1983 until 1997, when they ap- b 2020 litigation that brought about the plied for Federal financial help, and Pigford v. Glickman case and the again by failing to investigate allega- They locked the doors on the bank Brewington v. Glickman case that cov- tions of discrimination, the allegations and stood a guard in front of that door ered those years of 1983 until 1997. of discrimination were not aggressively with a red sticker on the door and it Then in mid-November of 1997 the investigated, and those who applied for said, Banks closed by order of the government agreed to mediation and to FDIC. financial help often didn’t get it. explore a settlement in Pigford. In the There I was. I actually had two pen- But Madam Speaker, I remember next month in December the parties nies in my pocket to rub together, two those years. I remember what they agreed to stay the course for 6 months pennies only, a payroll to meet with were like for white farmers in my while mediation was pursued and set- my crew. My accounts were frozen and neighborhood. I remember what they tlement discussions took place. But the so were the accounts of most of my were like for me. And I did business USDA had acknowledged past discrimi- customers. We had a lot of farmers go with the Farm Service Administration nation, and the Justice Department op- out of business throughout the whole in some of those years that are in- posed blanket mediation, so they ar- decade of the 1980s, Madam Speaker. A cluded in these that I have noted. And gued that the case had to be inves- lot of them were white farmers. A lot I would remind the body, and yourself of them didn’t have a recourse. A lot of tigated separately. I would agree with included, Madam Speaker, that we had them would have liked to have had a that from a legal standpoint. But a year later, a little less, October a farm crisis throughout the eighties. I loan from the USDA. A lot of them of 1998, the Court issued a ruling that remember what that was like. would have had liked to have had some I can remember a booming economy certified as a class black farmers who program benefits. A lot of them would in 1979, where we had more work than filed discrimination complaints against have liked to have made what they we could do. I was doing custom work the USDA for the period of time be- would have considered to be a more fair on farms, terraces, dams, waterways, shake from the board of the Farm tween 1983 and February 21 of 1997. And cleaning out cattle yards, shaping up, Service Administration. then, in April of 1999, the Court ap- trying to improve upon what Mother There were very tough decisions proved this consent decree. Nature gave us. And in 1979, we were al- made throughout that entire decade. I This is Pigford I, and they set forth a ready watching the consolidation of remember how difficult it was to be revised settlement agreement of all farms. We were watching family farms holding some assets, equipment, a lit- claims raised by the class members that people were being pushed off their tle bit of land, and watching as my cus- that reviewed the claims. And that land, they were losing their farms, tomers couldn’t pay me. And when began almost immediately and the ini- they were selling their farms. The bid they couldn’t pay me, it was awfully tial disbursement of checks to quali- was so high sometimes that they hard for me to pay the people that had fying farmers began on November 9, couldn’t afford not to sell. Other times provided credit for me. 1999. they didn’t have the equity to be able The downward spiral of that, as you Now, this is where some of the rest of to stand and refuse an offer. And I lived see land values going down, equipment the USDA employees came in. To sum- right on the line between that good values going down, the assets even of marize this, Madam Speaker, it works land that runs out flat all the way up accounts receivable going down, look- like this. Ronald Reagan’s administra- to Canada versus from where I live it ing for a way out, you can’t get out of tion shut down their USDA Civil starts running hilly all the way down a downward spiral. I watched it crush Rights Office and, under Bill Clinton, through Missouri into Arkansas until good men. I watched people whose en- they started a similar entity back up you get down to the rice country in tire identity was wrapped up in the again. In 1994, 2 years later, Dan Glick- Louisiana before it flattens out. Right farm that had been homesteaded by man, the Secretary of Agriculture, es- there on that line. their ancestors. Some of them could sentially confessed that the USDA had Good land, good producers to the hold it, but it ruined them. Others been discriminating against black north, they had more money and more couldn’t hold it, and they forever car- farmers. So he appointed a company to equity in their land. It appreciated ried the guilt of that. do an analysis of it and, over time, it more because it produced more. And And this farm crisis era of the 1980s devolved into the courts declaring that they could afford to buy that land from is part of the Pigford Farms issue. It’s the black farmers that had filed the where I lived south in the hills and pay not something that can be divorced complaints were a class, a class that a pretty good price for it and fix it up. from it. And so I am convinced that could be dealt with by the courts to try While that was going on was the begin- there were many black farmers that to get them some compensation. ning of the downward spiral of the farm lost their farms during the 1980s when And so Pigford I was born and it re- crisis. And there was farm family after the farm crisis was in a downward spi- sulted in $1.05 billion being distrib- farm family. ral. There were many black farmers uted—now there was a couple hundred And I remember the people, I remem- that believed that they should have million of administrative costs that I ber the families, I remember their kids, had a loan program or a commodity believe are in addition to that and not I remember them walking the long program, a disaster payment that they part of that accounting—but roughly lane to get out and get on the bus. And didn’t get, that they believed they were $1.05 billion was distributed to farmers I remember the days that they moved discriminated against by the board of who, well, let me say this, African to town or moved off to a city or to an- the Farm Service Administration, Americans who filed claims. And, in other State and the neighbors bought which, by the way, is elected by all the order to administer all of these claims, the farm and hired me or others to people that are participating in the this massive number, over 22,000 come in and burn the buildings and farm programs in the county. I don’t claims, it was required of the USDA to bury them and put it back to farmland. have any doubt they believe they were expedite this to call from across the Family after family after family. discriminated against. In fact, I don’t country their FSA county directors, In 1979, very, very busy. In 1980, we doubt some of them were discriminated Farm Service Administration county were now down really into the meat of against. And probably in one way or directors, to come to Washington D.C. the farm crisis. And that went on, ’79, another all of them that didn’t get the to administer these claims, to plow 1980, ’81, ’82, ’83, ’84, ’85. I, Madam program they asked for were discrimi- through these piles of paperwork. Speaker, lived for 31⁄2 years with a knot nated against in one way or another. I And so they did. And they came from in my gut, not knowing if we were don’t believe they were all discrimi- many of the States and certainly they going to be able to make it, not know- nated against on if basis of their race, come from Iowa, we are a farm State ing if I was going to be able to feed the although some, I believe, were. after all. And as the FSA directors and kids. And on April 26, on Friday after- That’s the scenario of the farm crisis other personnel arrived here in Wash- noon, at 3:00 o’clock in the afternoon, in the 1980s. That’s the scenario by ington, D.C. and began to dig down

VerDate Mar 15 2010 02:27 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.055 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7637 through this paperwork, working with weren’t going to treat you right and Well, this door was opened up in a a lot of it by certifying it as a paper- get somebody to sign an affidavit that huge yawning way. And the lawyers work application and others face-to- says that, yep, Joe complained about it went to work to begin to promote this face or over the telephone with the to the Farm Service Administration across the South, black churches, town claimants. employee at a public meeting some- hall meetings, fish fries, they promoted Here is what came back to me. One of where, or a Member of Congress or it as your 40 acres and a mule. That those individuals, and I have had anec- there are a couple of other criteria seems a little bit appalling, and it dotes from several, but one of those in- there. sounds perhaps like it’s a stretch, dividuals felt the burden of the corrup- And if Joe and Tom can agree to sign Madam Speaker, but in reading Judge tion and the fraudulent claims that each other’s affidavit, that’s all the Paul Friedman’s decision, it starts out were coming forward in front of him, proof that’s required. It’s not proof of with these words, and I quote, the very that he copied a box of applications, discrimination. It’s an allegation that first words in Judge Paul Friedman’s and a literal box of applications, which you believe you were discriminated decision, and I quote, ‘‘40 acres and a I am really sure that would not have against. mule.’’ Forty acres and a mule. And he goes on to lament that all of been very constructive to him main- b 2030 taining his job with the USDA. the wrongs of slavery and segregation But it bothered his conscience so What comes out of the USDA? In cannot be corrected in the largest civil much, and when he came back to Iowa, Pigford I is this, and I read through rights class action suit and settlement he wanted to make it a point to make form after form of these, if you are in the history of America. But he sets sure that I knew that these applica- black and farmed or wanted to farm about to try. And that’s how he comes tions that he was dealing with were, he and you believed you were discrimi- with the $50,000 plus the tax component believed were a minimum of 75 percent nated against and you were willing to of it and the $100,000 average debt waiv- fraudulent, 75 percent fraudulent. Now say so on the application and you al- er plus the $25,000 in IRS tax liability. He also addresses the issue of some of if you just apply that to the $1.05 bil- lege that you complained, even ver- the groups in the black farmers wanted lion in claims that were paid out, if he bally, to an FSA employee, a Member to have an exemption from the inherit- is right in that number, $750 million of Congress, a couple other criteria, ance tax, the estate tax, because they were wasted paying people that didn’t and if somebody else will attest in an believed that the money that would have it coming, 250 or so million dol- affidavit that you have actually filed come from Pigford would be a large lars perhaps went to those that did that complaint, that’s it. There is no check on whether they have been dis- enough sum that they wouldn’t want to have a claim that had it coming. pay estate tax on that when they died And these applications are quite in- criminated against. The consent decree and passed it along to the next genera- teresting to read through them one doesn’t allow for verification of dis- tion. Judge Friedman, I guess that after another, take the stack and read crimination. It just simply pays out would be one part of the good judg- through them. And you will see that what they consider to be a legitimate ment, concluded that that was a bridge there also were copies of complaints allegation of discrimination this way, an allegation of discrimination that too far. It was too much to ask for. And that were filed about fraudulent so, Pigford I was supposedly settled claims. And the fraudulent claims meets those four criteria with someone who signed the affidavit, $50,000 essen- and resolved. might be, well, Johnny, yeah, he was And before the House Judiciary Com- tially automatic, $50,000 and because of raised on a farm but he wouldn’t help mittee there was a new bill introduced the tax liability that comes with it, his daddy. He went off to the city and for Pigford II by BOBBY SCOTT of Vir- there’s another $12,500, Madam Speak- became a drug addict. And when his ginia and others, and this would be the er, that check gets cut to the IRS so daddy needed the help, Johnny companion, although it may not be ex- that that there’s not a tax liability. wouldn’t come and help his daddy. But actly verbatim, but essentially at least now his daddy has died and Johnny And if you actually happen to be a the de facto companion to the bill that wants the $50,000 that comes from the farmer and you had engaged in pro- was introduced by then United States USDA under this claim. grams with the USDA Farm Service Senator Barack Obama. Pigford I was set up to do this, to pay Administration and you say you had Now figure this out, Madam Speaker. out claims to people who met—I be- farm loans, program loans, a 100 per- We have a very, very urban Senator, lieve it’s four criteria, and I will see, cent debt forgiveness was automatic Barack Obama, who has decided he is Madam Speaker, if I can remember that went along with the $50,000 pay- going to run for President. And what them—people that were black, people ment, and another 25 percent of that, does he do? He introduces legislation to that farmed or people that wanted to an additional 25 percent of the debt for- create a whole new Pigford claim. farm, those who believed they were dis- giveness was a check that was also Pigford I should have been settled. criminated against by the people with- written to the IRS so that the tax li- That’s what the courts decided to do. in the FSA office, Farm Service Ad- ability would be gone. Why would there be an action of a ministration office within the counties, And Judge Paul Friedman, who ap- court? Why would there be a consent and those who also issued a complaint, proved this consent decree, wrote in his decree that essentially was a hand- filed a complaint in one of the criteria opinion that the average settlement shake signed off on by Dan Glickman that’s allowed under Pigford I. would not be $50,000, it would be and, well, true it was Dan Glickman This would mean that if there is an $187,500 because a $50,000 check for the and the black farmers organization, individual that, if you were back, and discrimination, or alleged discrimina- the Clinton administration, why would you wanted to farm, and you wanted to tion, $12,500, or an additional 25 percent they sign off on all of that if it didn’t apply for a farm program, and you be- to the IRS, plus Judge Friedman con- end the Pigford issue? Yes, it was de- lieved that they would not treat you cluded in his calculation that the aver- signed to end the Pigford claim. It was fairly because of your skin color, and age debt to the USDA was $100,000, designed to package it up and put it be- you complained about it to the proper that’s forgiven along with another hind us and move on. authorities, that’s all that’s required. $25,000 check for 25 percent of the debt But it didn’t work that way because You didn’t have to be a farmer. There forgiveness to the IRS. So you add Barack Obama introduced—there was a actually wasn’t a verification that you those numbers up—50, 1,250, 100,000, statute of limitations by the way. And would be black either, but let’s just $187,000 was supposedly to be the aver- the statute of limitations from the presume that’s the case. age settlement in Pigford I. This all opening up of Pigford I until it closed, So if you are an African American, out of the pockets of the taxpayers, all the consent decree was approved in and you didn’t have to farm or ever without a shred of proof, just—well, I April 14 of 1999, and they had 6 months farm or even know what a farm looked guess you could say a shred of proof be- to file all of their claims, which would like, you just had to want to farm. You cause the signature on the affidavit have settled that in October, I’ve got didn’t have to know where the Farm from Joe’s buddy Tom is the proof, October 12 of 1999, and there were over Service Administration was, you just that affidavit, and, yes, the application 22,000 that claimed they had been dis- had to have complained that they is filled out by the staff of a lawyer. criminated against and that they had

VerDate Mar 15 2010 03:29 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.057 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7638 CONGRESSIONAL RECORD — HOUSE November 29, 2010 complained about it, and they got in each of the counties where there were that they all discriminated equally line for the $50,000, plus the debt for- Pigford claims, the percentage of Afri- county to county across the board. giveness, plus the tax liability being can Americans in those counties, the There is no way I can accept that be- paid up front along with the rest, to percentage of claims is directly propor- cause the cultures of these counties over 22,000 almost 22,500 claims. And tional to the black population in those changed. there must have been some paperwork counties. Now, Madam Speaker, think But I will and I can get my mind glitches along the way, because over about that. If the percentage of claims around the idea that if you get enough 14,000 of those were paid out, and that’s reflected the discrimination, then lawyers that understand that there is a the $1.05 billion, Madam Speaker. wouldn’t it be that there would be a nice contingency fee for doing a little To pass this statute of limitations, variance in that relationship between bit of work, that they can go out and the effort on the part of Barack Obama the black population and the black promote the idea of every African and BOBBY SCOTT from Virginia here in farmers, for one thing? You are not al- American that they can convince that this House whom I serve with, and they ways going to have an equal between will fill out the forms that may have introduced legislation to open up the black population and the black some form of a complaint or willing to Pigford again, to disregard the statute farmers. That is not going to be the file one without actually having a com- of limitations and allow for a new sign- same county to county. Some counties plaint, that they could gin this thing up period because they had accumu- there is a higher percentage of farmers up, and we have the data that supports lated some 74,000, maybe only 72, but to black population, and some there the idea that they did. 74,000 new names of black farmers who would be less, but also, an equal dis- So what we have is Pigford II, a believed they were discriminated tribution of claims for discrimination. Pigford II set up, Madam Speaker, at against who were shut out of that proc- Madam Speaker, I can’t seem to rec- least by the words of our Secretary of ess on Columbus Day in 1999. oncile this idea that if you look at the Agriculture, Tom Vilsack, by the 2008 So we had hearings. They had a hear- data, the data would show that the dis- farm bill. So when he told me that I ing on the bill in the House Judiciary crimination was equal county by coun- had voted for legislation that directed Committee. And the hearing went ty by county in nearly every county all him to sit down with Eric Holder and along about like this, John Boyd, the the way across the land in proportion John Boyd and negotiate a settlement president of the black farmers organi- to the black population. How could for opening up Pigford a second time in zation, which was formed to move for- that possibly be? And I will say it can’t a settlement, it was a pretty shocking ward and collect on Pigford, testified possibly be because I know something thing for me to hear. I wasn’t aware under oath before the House Judiciary about the culture within the FSA of- that I had been complicit in facili- Committee that there are 18,000 black fices, Farm Service Administration of- tating what I consider to be a high per- farmers. fices. I dealt with them on a regular centage of billions of dollars worth of Now, if you are listening, Madam basis for nearly 30 years. Here is what fraud here in the United States. Speaker, you will have already added I know: So I went back and I read the bill. I up that there are 94,000 claims, if you Each office, a county office, has its remember the discussion we had on the are listening, Madam Speaker, 94,000 own culture. The culture of that office way in here with the chairman of the claims. That would be 22,000 plus 72,000, is sometimes shaped by the career em- Agriculture Committee, COLLIN PETER- 94,000 claims. John Boyd, the head of ployees that work behind the counter. SON, when they slipped in at the last this, who has driven a tractor around A lot of times they are farmers’ wives. minute a hundred million dollar provi- Washington, D.C. and filed his claims They know nearly every farmer in the sion in the 2008 farm bill that was de- and made this a high priority public county. They know their land. They signed, it was designed to fund Pigford issue, testified there were 18,000 black know what kind of crops they raise. II. Now, remember, Pigford I was done. farmers. So how is it even if one would They know their personalities, their id- It was packaged up. It had a limitation concede the point—and I do not for an iosyncrasies, and they know how to equivalent to a statute of limitation, a instant, Madam Speaker, even when we take care of them and how to process closing date, which was October 12, concede the point that every black them. And the director, the county di- 1999. There were those who said that farmer was discriminated against, that rector, is hired by the county board. they missed their chance to sign up. would be 18,000 claims, not 94,000 The county board is elected by the peo- They thought there was 70,000-some out claims. One could go back through the ple who participate in the farm pro- there who would do that. Bobby Scott records and try to find the time we had grams in the county. So it is very and others introduced legislation in the highest population of black farmers much a reflection of the county. the House; it didn’t go anywhere. in modern record history, and we were Now, it could well be, and I wouldn’t Barack Obama, down this hallway, in- able to go back into the 1970s and take issue with a statement that there troduced legislation in the United through some convoluted rationale put likely were counties that discrimi- States Senate; it didn’t go anywhere. together some numbers that might jus- nated against black farmers as a mat- Congress never acted on a willful tify twice that many, as high as 36,000. ter of practice. I actually think that means to open up Pigford II. It didn’t But John Boyd’s under oath testimony happened. But I don’t believe that it happen. Congress didn’t act. Congress was 18,000 black farmers, 94,000 claims. happened in equal proportion in every didn’t appropriate. Congress didn’t au- How does that work? When I asked county where there were black farm- thorize. Congress accepted the consent him the question under oath, he said, ers, which is what the data, what the decree that closed the filing October 12 we have brothers, we have family who data would indicate. of 1999. Even though Congress didn’t maybe they never saw the farm, maybe I believe that there could have been act, not the House, not the Senate, it they moved off to the city, but they counties that discriminated against still was not enough to say no to some have a share. They have been discrimi- every black farmer in that county. And of the people who wanted to see this nated against, too. Well, it seems to me we know there are counties that had happen. to be a great big stretch, Madam all black staff. It is hard to believe The chairman of the House Ag Com- Speaker, that we could have 18,000 that they would have discriminated mittee, COLLIN PETERSON, said $100 mil- black farmers and 94,000 claims. against every black farmer. And I am lion will close up Pigford. We need to And nobody that is advocating for convinced there were counties that had have that provision in the farm bill. I the funding for Pigford can get around county directors and staff people be- argued that was a placeholder for $1.3 this, they can’t get their brain around hind the counter where the culture billion. He argued back that I was com- this concept that how would it be that there would not tolerate discrimina- pletely wrong; $100 million would settle 100 percent of the black farmers were tion in any way, shape, or form. In the account and be done with it. Now, discriminated against? fact, I believe, of all of these hundreds $100 million is not loose change, of counties that were involved, prob- Madam Speaker. It is a lot of money, b 2040 ably there is a full spectrum of culture but it is a whole lot less than $1.3 bil- The data that I have seen that shows within each of those counties. But lion, which I alleged would be the cost the percentage of the populations in there is no way I can accept the idea of him providing this placeholder in

VerDate Mar 15 2010 03:29 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.059 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7639 the 2008 farm bill. We sharply disagreed b 2050 yield as much time as she may con- on that. My number was $1.3 billion, a lot sume. And now I will read from the 2008 closer than this $100 million here—a Mrs. BACHMANN. I want to thank farm bill, Madam Speaker, what went placeholder that opened the door. We the gentleman from Iowa, STEVE KING. into that bill, and this is the language have bureaucrats, Cabinet members, It was some months ago when STEVE that the Secretary of Agriculture says the Secretary of Agriculture, and the KING had first told me about the situa- authorizes him to sit down with Eric Attorney General of the United States tion with Pigford. He has been inves- Holder, the Attorney General, John that take it upon themselves to read li- tigating and looking into this matter Boyd, the head of the black farmers, cense in this language to put the Amer- for probably about 3 years now. He is and open up Pigford II for another $1.15 ican people in further debt to a tune of very interestingly situated by having a billion. $1.15 billion and open this door up so seat on both the Judiciary Committee The limitation under Pigford—and that people that allege they believe and the Agriculture Committee, and this is the 2008 farm bill, H.R. 2419 for they were discriminated against and both of those committees have some- those who are paying attention, limita- allege that they filed a claim and have thing to do with this case. tion—in general and subject to para- some friend that will sign an affidavit, I want to go back to basics for just a graph 2, all payments of debt relief will get a $50,000 check, and the IRS moment, if I can, because, as Congress- shall be made exclusively from funds gets the tax liability of $12,500 on top man KING was giving me details about made available under this subsection. of that. And by the way, if they have this case, on every level, it just didn’t This subsection right here, Madam any USDA FSA debt, that is all for- add up. He had talked a little bit about Speaker, item number 2, maximum given, and the taxes are paid on it, and the reparations angle, and that, of amount. The total amount of payments they are unhappy because they don’t course, was an opinion that was writ- and debt relief pursuant to actions get a State tax waiver on these par- ten by Judge Friedman in the very commenced under section B shall not ticular assets. This is what’s hap- first class certification case with exceed $100 million. pening. Pigford, Pigford I. That was about $1 That is consistent with what the We’ve got to stand up at some point billion of tax money that went out to chairman of the Ag Committee told and say we’re not going to pay slavery the claimants. me: $100 million will cap the United reparations in the United States Con- This is now a situation called Pigford States Government’s liability to black gress. That war has been fought. That II. As Congressman KING rightly said, farmers for discrimination by adding was over a century ago. That debt was there is no judgment. This is simply an additional $100 million to the pre- paid for in blood—it was paid for in the something negotiated around a table vious $1.15 billion that had already blood of a lot of Yankees especially— with, I believe, Attorney General Eric been distributed, to clean up anything and there are no reparations for the Holder and, I believe, with Tom left out there, and here is the language blood that paid for the sin of slavery. Vilsack, Ag Secretary. They got to- that says so. This is intent language. It No one is filing that claim. They’re gether and came up with an agreement. says it is the intent of Congress as to just filing claims because they think They came up with this settlement, remedial nature of section, it is the in- they can get away with it and because but here is part of the problem. tent of Congress that this section be they believe they understand, probably I am a former Federal tax litigation liberally construed so as to effectuate appropriately, that not a lot of Mem- attorney, Madam Speaker. In that ca- its remedial purpose of giving a full de- bers of Congress want to stand and pacity, when I was working as a Fed- termination on the merits of each fight that battle. Well, it’s a matter of eral tax lawyer, we had to refer to Pigford claim previously denied that justice and equity. It’s a matter of something as our standard of measure- determination. ment. We would use the Bureau of That means if anybody was denied a needing to look into this and of need- Labor Statistics. Well, according to the determination, even by a statute of ing to bring the facts out. Bureau of Labor Statistics, in the limitation that closed this on October Madam Speaker, I want to make sure 12, 1999, that this $100 million was to be that the Members of this Congress years in question, the maximum num- the sum total that would be used to know what they will be voting on tober of black farmers in the entire pe- settle this issue. morrow. I will be voting ‘‘no.’’ I will be riod for which we were talking about The Secretary of Agriculture says voting ‘‘no’’ because there is no justice giving people money for alleged dis- this language gives him license to sit in this decision. This is something of crimination claims was about 33,000 down with Eric Holder and John Boyd which there is no court decision that black farmers. Now, there is dispute and put the American people in debt, enables it. There is no legal authoriza- that even that number is egregiously because this is debt for another $1.15 tion that provides for it. There is no di- high, 33,000. Well, in the Pigford I set- billion, without having any proof of rective from Congress that directs the tlement, there has already been $1 bil- discrimination. Secretary of Agriculture or the Attor- lion that has been paid out. The esti- Madam Speaker, I read this language ney General to enter into any kind of mate is something like 15,000 to 18,000 and I point this out because that is an agreement. There is no court agree- claims that have already been paid out. why this chart is here. Subject para- ment. The court hasn’t approved this. So here is the situation: Under graph 2: All payment or debt relief They sat around a table, wrote up a Pigford II, we now have new claimants shall be made exclusively from funds document and apparently shook hands. who have come to the fore who have made available under subsection (i). I don’t even know if they shook hands. said they want to have money, too. Maximum amount, $100 million. That This document said that if Congress Well, just think. If the entire universe is what was in the farm bill of 2008. authorized or appropriated the money of black farmers is 33,000, today we That is what was represented to me by by March 31 of 2010, then they would have 94,000 claimants asking for money the chairman of the Ag Committee, by have an agreement that would bind the in order to be made whole. Chairman PETERSON from Minnesota, black farmers and, if that day went by, How does this make sense? If you who argued with me vociferously that I then they wouldn’t be bound. That’s have a total universe of 33,000 black was wrong, that it wouldn’t be $1.3 bil- what has happened. If government can farmers, how can you possibly have lion; it would be $100 million. sit down and decide to pay reparations 94,000 claimants? Now, Madam Speaker, I point out with money borrowed from the Chi- You’d have to presume that every that we are looking tomorrow or the nese, this government is still in free black farmer in the United States ap- next day at $1.15 billion coming at us fall. We’ve got to fix it, and we’ve got plied for a loan to the U.S. Department down the pipe through the Rules Com- to arrest it. of Agriculture. That’s almost statis- mittee, no amendments allowed, al- One of the people who is here to ar- tically impossible. Then you’d have to though I have got one up there in a re- rest the free fall in the United States assume that every black farmer who quest, but it is not going to be allowed. Congress is my good friend, the gentle- applied for a loan qualified for that They have already told me, You’re lady from Minnesota, who can with- loan. That would also be a statistical wasting paper and staff time. $100 mil- stand anything they throw at her, improbability. Then you’d have to as- lion plus $1.15 billion is $1.25 billion. MICHELE BACHMANN, to whom I would sume that every black farmer in the

VerDate Mar 15 2010 03:29 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.061 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7640 CONGRESSIONAL RECORD — HOUSE November 29, 2010 United States who applied for a loan taxes for the claimants. We’re paying a a video of Timothy Pigford sitting was qualified and that they were payment of $12,500 to the IRS on behalf there telling his story, but then he turned down for their loans. As to of each claimant. So the claimant will goes on to say that he’s hopeful that, every single black farmer, not one get $50,000 tax free, and we the tax- first, that they all get paid; second, would have been given a loan. Then payers will even pay their tax bill for that it lays the foundation so that the you’d have to presume that every sin- them. And what’s worse, we will even Hispanics, the Native Americans and gle black farmer in the country applied wipe off the books any outstanding the women farmers all get paid, too. for a loan, that they qualified and that loans that they have on their farm So when I listen to that I think, what they were turned down. Then you’d property. Everybody’s going to want to is the motive for this? Do you really also have to assume that every one of know where to go to sign up for this believe that there isn’t any place in them was turned down because they deal. Who wouldn’t want to do that? America where people who are listed in were discriminated against. You have farmers all across the coun- his list of minorities get a fair shake? This is unbelievable. Even if you be- try right now that are trying to make Not one place, not one county, not one lieve all of that, we still have 60,000 too ends meet, and meanwhile they have to FSA director, not one staff that sits many claimants than there were black watch this spectacle go on at the behind the counter and says this is the farmers. The numbers just bespeak ob- USDA. right thing to do, we’re going to treat vious fraud in this situation. So the Every single claimant needs to be everybody as if they’re equal in our taxpayers are supposed to pay out an- fully investigated. Not one check eyes just like we’re all equal under the other $1.15 billion? It doesn’t make should go out the door if it’s not war- eyes of God? Doesn’t that happen in sense. ranted. No one disagrees that if the one single county in America some- Remember, what we would have to USDA did something wrong and if they where? They would deny it, Madam talk about is that every black farmer acted in a discriminatory manner, the Speaker. They would deny that Ameri- in the United States would have had to people should be allowed to be made cans can be nondiscriminating and un- apply for a loan and would have had to derstand this equal opportunity and been turned down because of obvious whole. Everyone agrees. But I would be the first person to stand on this floor equal justice under the law concept. discrimination. And to have this kind of pressing that What’s even more bizarre is that of the House of Representatives and comes on from Timothy Pigford and a after all of this terrible discrimination say if that is the case, then each of number of the other personalities in- that has been alleged, after the $1 bil- these USDA employees should be, at lion that has been paid out and after minimum—at minimum—written up in volved here, this system—and there are a good number of African American the $1.15 billion that Speaker PELOSI their personnel file, reprimanded, wants to pay out this week—after all fined, and most likely fired if they’re farmers that filed their complaints, that and after all of this discrimina- causing the taxpayers to have to pay they complain that it has distorted tion at the USDA, there isn’t even one out what would add up to be over $2 their reputation. They may have a le- employee who has been fired, who has billion. We are here talking about, in gitimate claim that wasn’t settled ade- been suspended, who has paid a fine or these weeks, what can we do to cut the quately, and because this has been a who has been reprimanded. We can’t budget. I think this is the perfect place full court press at all on, pushed by find evidence of even one. In fact, just to start here in Pigford when we’re lawyers in bow ties from the Northeast the opposite is true. paying out 94,000 claimants when there and sold in the South and marketed as There are whistleblowers who have is a total universe of 33,000. your 40 acres and a mule, this has dam- come forward from the department who I want to thank my dear colleague aged the legitimate black farmers. have been willing to testify privately from Iowa, Representative STEVE KING, I can’t think of a more honorable that there is obvious fraud that’s going for being on this issue and dogging this profession than raising food out of this on right now. So it really begs the issue for 3 years. And now here we are soil. I can’t think of a more honorable question: Why have the settlement? coming to the climax. We are about to profession than sometimes bending Why pay out 94,000 claimants when see another $1.15 billion about to go over and getting dirty and being out in there is only a total universe of maybe out the door, $1.15 billion that we don’t the weather—in all kinds of weather, 33,000 black farmers? Why is that? have, which my colleague rightly said the summer and winter, rain and What’s going on? we will have to go to China and borrow storm, out there having your roots go In an article that just came out last and our children will have to get sec- into the soil. Nothing makes you more week in the Associated Press, the re- ond and third jobs to pay back. This is rooted to America than being rooted in porter wrote that, once this claim is just flat out wrong. Can we say it? Can the soil. And I applaud every farmer, satisfied of $1.15 billion for Pigford II, we be gutsy enough on the floor of this black or white or Native American or the next claimants are already in the House of Representatives to say this is women or Hispanics, whatever they queue. They’re the Hispanic farmers pure and complete fraud that is about might be. It’s a hard way to make a who allege they’ve been discriminated to be voted on this week. It’s wrong, living, but there is a certain honor and against, and they’re the women farm- and it’s got to stop. glory to it that can’t be replicated any- ers who allege they’ve been discrimi- And I want to encourage any of my place else. It builds character and it nated against. If that’s the case, why is colleagues on either side of the aisle, builds honor, and they are being be- the United States Department of Agri- vote ‘‘no’’ on this bill. I will be voting smirched by this broader effort here. culture even allowed to be in business ‘‘no.’’ Representative KING said he will We need to say ‘‘no’’ tomorrow to the anymore if they have this blatant level be voting ‘‘no’’ because this will be a Pigford Farms funding that’s coming, of bigotry and discrimination going on? vote that I guarantee will haunt Mem- ‘‘no’’ because it wasn’t authorized by Why haven’t they been fired? bers of Congress in the future if they the United States Congress. There I think what we need to have—and I wasn’t even a head fake—to use some- believe that this is something in the vote ‘‘yes’’ because of the obvious fraud that will very soon be discovered and thing that might be the President’s future that Congress needs to do be- language—from Congress that said Sec- cause it’s certainly not happening played out for the American people to retary of Agriculture and the Attorney today, Madam Speaker, under the see. I yield to my distinguished colleague General, why don’t you see if you can headship of Speaker NANCY PELOSI. sit down with the head of the black What we need to have is a very thor- from Iowa. Mr. KING of Iowa. Reclaiming my farmers who formed the organization ough review of every single claim that’s going out the door, because time and thanking the gentlelady from for the purposes of pressing the tax- these payments are going out in the Minnesota for coming to the floor to payers for money—I don’t think in the form of $50,000 payments per claimant, add to this discussion, I happened to beginning he really thought we were tax free. have clicked on YouTube on the Inter- going to borrow it all from the Chinese, net, I did a little search today because but there is no directive on the part of b 2100 I wanted to see what I could find on Congress. Congress said, even though I So not only do they not pay the Timothy Pigford, who is the lead plain- disagreed with it, that $100 million taxes, we the taxpayers are paying the tiff in Pigford Farms v. the USDA. It is would cap this, it puts an end to it, and

VerDate Mar 15 2010 03:29 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.063 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7641 anybody that didn’t have their case re- (The following Members (at the re- H.R. 5712. An act entitled the Physician solved in Pigford I would be resolved quest of Ms. WOOLSEY) to revise and ex- Payment and Therapy Relief Act of 2010. here under the 2008 farm bill. But Tom tend their remarks and include extra- f Vilsack took license and sat down with neous material:) SENATE ENROLLED BILLS AND Eric Holder, and they’re poised tomor- Ms. KAPTUR, for 5 minutes, today. JOINT RESOLUTION SIGNED row to stick the taxpayers for another Mr. DEFAZIO, for 5 minutes, today. $1.15 billion, Madam Speaker. And it’s Ms. WOOLSEY, for 5 minutes, today. The Speaker announced her signa- time the American people said enough. (The following Members (at the re- ture to enrolled bills of the Senate of This election was about debt and def- quest of Mr. LINCOLN DIAZ-BALART of the following titles: icit and jobs and the economy, and we Florida) to revise and extend their re- S. 1376. An act to restore immunization have to have the will to say ‘‘no’’ and marks and include extraneous mate- and sibling age exemptions for children draw a bright line. And there isn’t rial:) adopted by United States citizens under the Hague convention on Intercountry Adoption guilt on the part of this country that Mr. JONES, for 5 minutes, today, No- to allow their admission into the United should cause us—it can’t be assuaged vember 30, December 1, 2, 3, and 6. States. anyway by borrowing money and pay- Mr. POE of Texas, for 5 minutes, S. 3567. An act to designate the facility of ing out people that don’t have it com- today, November 30, December 1, 2, 3, the United States Postal Service located at ing. We want to make sure we make and 6. 100 Broadway in Lynbrook, New York, as the those people whole who were discrimi- Mr. GARRETT of New Jersey, for 5 ‘‘Navy Corpsman Jeffrey L. Wiener Post Of- nated against. minutes, today, November 30, Decem- fice Building’’. I want to look into this deeply. I ber 1, 2, and 3. S. 3689. An act to clarify, improve, and correct the laws relating to copyrights, and for want to follow the money. I want to Mr. BURTON of Indiana, for 5 minutes, other purposes. track and sort the applications, put today, November 30, December 1, 2, and S. 3774. An act to extend the deadline for them all on a big spreadsheet and see 3. Social Services Block Grant expenditures of what the data indicates. And I think Mr. MORAN of Kansas, for 5 minutes, supplemental funds appropriated following we will find that there is a massive December 1, 2, 3, and 6. disasters occurring in 2008. amount of fraud. And we may lose this Mr. LINCOLN DIAZ-BALART of Florida, S.J. Res. 40. Appointing the day for the vote tomorrow, Madam Speaker, we for 5 minutes, today, November 30, De- convening of the first session of the One may lose it. And if we lose this vote to- cember 1, 2, and 3. Hundred Twelfth Congress. morrow, it still calls upon us to shed Ms. ROS-LEHTINEN, for 5 minutes, f sunlight on this issue so the American today, November 30, December 1, 2, and ADJOURNMENT people know what happened so that we 3. Mr. KING of Iowa. Madam Speaker, I don’t do it again, so that we don’t RAVES Mr. G of Georgia, for 5 minutes, move that the House do now adjourn. queue this up to go down the list of the today. The motion was agreed to; accord- other minorities—the Hispanics, the f ingly (at 9 o’clock and 8 minutes p.m.), women, the Native Americans, and so under its previous order, the House ad- on. SENATE BILLS AND CONCURRENT journed until tomorrow, Tuesday, No- So I come to speak of the Pigford RESOLUTIONS REFERRED vember 30, 2010, at 10:30 a.m., for morn- Farms issue, which I am completely Bills and concurrent resolutions of the ing-hour debate. convinced has far more fraud in it than Senate of the following titles were taken it has legitimate claims, and that the from the Speaker’s table and, under the rule, f American people deserve equal justice referred as follows: EXECUTIVE COMMUNICATIONS, under the law, and if they have a legiti- S. 1609. An act to authorize a single fish- ETC. eries cooperative for the Bering Sea Aleutian mate claim it should be able to with- Under clause 2 of rule XIV, executive stand the scrutiny. Islands longline catcher processor subsector, and for other purposes; to the Committee on communications were taken from the I stand in opposition to the funding Natural Resources. Speaker’s table and referred as follows: of Pigford II and the people that per- S. 3650. An act to amend chapter 21 of title 10419. A letter from the Director, Regu- petrated it, Madam Speaker. 5, United States Code, to provide that fa- latory Review Group, Department of Agri- I yield back the balance of my time. thers of certain permanently disabled or de- culture, transmitting the Department’s f ceased veterans shall be included with moth- ‘‘Major’’ final rule — Biomass Crop Assist- ers of such veterans as preference eligibles LEAVE OF ABSENCE ance Program (RIN: 0560-AH92) received No- for treatment in the civil service; to the vember 16, 2010, pursuant to 5 U.S.C. By unanimous consent, leave of ab- Committee on Oversight and Government 801(a)(1)(A); to the Committee on Agri- sence was granted to: Reform. culture. S. Con. Res. 75. Concurrent Resolution au- Ms. GINNY BROWN-WAITE of Florida 10420. A letter from the Director, Program thorizing the use of the rotunda of the Cap- Development & Regulatory Analysis, Rural (at the request of Mr. BOEHNER) for itol for an event marking the 50th anniver- today and November 30 on account of Utilities Service, transmitting the Depart- sary of the inaugural address of President ment’s final rule — Specifications and Draw- family medical reasons. John F. Kennedy; to the Committee on ings for Construction of Direct Buried Plant Mr. BURTON of Indiana (at the re- House Administration. received October 25, 2010, pursuant to 5 quest of Mr. BOEHNER) for today on ac- S. Con. Res. 76. Concurrent Resolution to U.S.C. 801(a)(1)(A); to the Committee on Ag- count of personal reasons. recognize and honor the commitment and riculture. Mr. DEFAZIO (at the request of Mr. sacrifices of military families of the United 10421. A letter from the Acting Under Sec- States; to the Committee on Armed Services. HOYER) for today and the balance of retary, Department of Defense, transmitting the week. f Selected Acquisition Reports (SARs) for the September 2010 reporting period pursuant to Mr. GERLACH (at the request of Mr. ENROLLED BILLS SIGNED section 2432, Title 10 United States Code; to BOEHNER) for today on account of at- Lorraine C. Miller, Clerk of the the Committee on Armed Services. tending a funeral of a fallen soldier 10422. A letter from the Assistant to the from his district. House, reported and found truly enrolled bills of the House of the fol- Board, Federal Reserve System, transmit- Ms. KILPATRICK of Michigan (at the ting the System’s ‘‘Major’’ final rule — lowing titles, which were thereupon request of Mr. HOYER) for today. Truth in Lending [Regulation Z; Docket No: Mr. WU (at the request of Mr. HOYER) signed by the Speaker: R-1384] received November 15, 2010, pursuant for today. H.R. 1722. An act to require the head of to 5 U.S.C. 801(a)(1)(A); to the Committee on each executive agency to establish and im- Financial Services. f plement a policy under which employees 10423. A letter from the Assistant to the SPECIAL ORDERS GRANTED shall be authorized to telework, and for Board, Federal Reserve System, transmit- other purposes. ting the System’s ‘‘Major’’ final rule — Elec- By unanimous consent, permission to H.R. 5566. An act to amend title 18, United tronic Fund Transfers [Regulation E; Docket address the House, following the legis- States Code, to prohibit interstate com- No. R-1377] received November 15, 2010, pur- lative program and any special orders merce in animal crush videos, and for other suant to 5 U.S.C. 801(a)(1)(A); to the Com- heretofore entered, was granted to: purposes. mittee on Financial Services.

VerDate Mar 15 2010 03:29 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K29NO7.065 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7642 CONGRESSIONAL RECORD — HOUSE November 29, 2010 10424. A letter from the Secretary, Securi- tion 36(b)(1) of the Arms Export Control Act, Cash Collections to the Revised Revenue Es- ties and Exchange Commission, transmitting as amended; to the Committee on Foreign timate Through the 4th Quarter of Fiscal the Commission’s ‘‘Major’’ final rule — Risk Affairs. Year 2009’’, pursuant to D.C. Code section 47- Management Controls for Brokers or Dealers 10435. A letter from the Deputy Director, 117(d); to the Committee on Oversight and with Market Access [Release No.: 34-63241; Defense Security Cooperation Agency, trans- Government Reform. File No.: S7-03-10] (RIN: 3235-AK53) received mitting Transmittal No. 10-0A, pursuant to 10448. A letter from the Acting Director, November 15, 2010, pursuant to 5 U.S.C. the reporting requirements of Section Office of Financial Management, United 801(a)(1)(A); to the Committee on Financial 36(b)(5)(C) of the Arms Export Control Act, States Capitol Police, transmitting State- Services. as amended; to the Committee on Foreign ment Of Disbursements Of The U.S. Capitol 10425. A letter from the Secretary, Securi- Affairs. Police For The Period April 1, 2010 through ties and Exchange Commission, transmitting 10436. A letter from the Deputy Director, September 30, 2010, pursuant to Public Law the Commission’s ‘‘Major’’ final rule — Reg- Defense Security Cooperation Agency, trans- 109-55, section 1005; (H. Doc. No. 111—155); to ulation SHO [Release No.: 34-63247; File No.: mitting Transmittal No. 10-38, pursuant to the Committee on House Administration and S7-08-09] (RIN: 3235-AK35) received November the reporting requirements of Section ordered to be printed. 15, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 36(b)(1) of the Arms Export Control Act, as 10449. A letter from the Acting Director, the Committee on Financial Services. amended; to the Committee on Foreign Af- Office of Sustainable Fisheries, NMFS, Na- 10426. A letter from the Assistant General fairs. tional Oceanic and Atmospheric Administra- Counsel for Regulatory Services, Office of 10437. A letter from the Deputy Director, tion, transmitting the Administration’s final the General Counsel, Department of Edu- Defense Security Cooperation Agency, trans- rule — Fisheries of the Northeastern United cation, transmitting the Department’s mitting Transmittal No. 10-50, pursuant to States; Atlantic Herring Fishery; Total Al- ‘‘Major’’ final rule — Program Integrity the reporting requirements of Section lowable Catch Harvested for Management Issues [Docket ID: ED-2010-OPE-0004] (RIN: 36(b)(1) of the Arms Export Control Act, as Area 1B [Docket No.: 0907301205-0289-02] (RIN: 1840-AD02) received November 15, 2010, pursu- amended; to the Committee on Foreign Af- 0648-XZ00) received October 25, 2010, pursuant ant to 5 U.S.C. 801(a)(1)(A); to the Committee fairs. to 5 U.S.C. 801(a)(1)(A); to the Committee on on Education and Labor. 10438. A letter from the Assistant Sec- Natural Resources. 10427. A letter from the Assistant General retary of State for Political-Military Affairs, 10450. A letter from the Acting Director, Counsel for Regulatory Services, Office of Department of State, transmitting a report Office of Sustainable Fisheries, NMFS, Na- the General Counsel, Department of Edu- pursuant to Section 201 of Public Law 110- tional Oceanic and Atmospheric Administra- cation, transmitting the Department’s final 429; to the Committee on Foreign Affairs. tion, transmitting the Administration’s final rule — Program Integrity: Gainful Employ- 10439. A letter from the Inspector General, rule — Fisheries of the Exclusive Economic ment — New Programs [Docket ID: ED-2010- Department of Transportation, transmitting Zone Off Alaska; Pollock in Statistical Area OPE-0012] (RIN: 1840-AD04) received Novem- the Semiannual Report of the Office of In- 630 of the Gulf of Alaska [Docket No.: ber 1, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); spector General for the period ending March 010131362-0087-02] (RIN: 0648-XZ13) received to the Committee on Education and Labor. 31, 2010, pursuant to 5 U.S.C. app. (Insp. Gen. October 25, 2010, pursuant to 5 U.S.C. 10428. A letter from the Assistant General Act) section 5(b); to the Committee on Over- 801(a)(1)(A); to the Committee on Natural Counsel for Regulatory Services, Office of sight and Government Reform. Resources. the General Counsel, Department of Edu- 10440. A letter from the Chairman, Council 10451. A letter from the Acting Director, cation, transmitting the Department’s final of the District of Columbia, transmitting Office of Sustainable Fisheries, NMFS, Na- rule — Foreign Institutions-Federal Student Transmittal of D.C. ACT 18-564, ‘‘Randall tional Oceanic and Atmospheric Administra- Aid Programs [Docket ID: ED-2010-OPE-0009] School Disposition Restatement Temporary tion, transmitting the Administration’s final (RIN: 1840-AD03) received November 1, 2010, Act of 2010’’; to the Committee on Oversight rule — Fisheries of the Exclusive Economic pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Government Reform. Zone Off Alaska; Shallow-Water Species by mittee on Education and Labor. 10441. A letter from the Chairman, Council Vessels Using Trawl Gear in the Gulf of Alas- 10429. A letter from the Assistant Sec- of the District of Columbia, transmitting ka [Docket No.: 0910131362-0087-02] (RIN: 0648- retary, Employee Benefits Security Adminis- Transmittal of D.C. ACT 18-565, ‘‘Office of XZ06) received October 25, 2010, pursuant to 5 tration, Department of Labor, transmitting Cable Television Property Acquisition and U.S.C. 801(a)(1)(A); to the Committee on Nat- the Department’s ‘‘Major’’ final rule — Fidu- Special Purpose Revenue Reprogramming ural Resources. ciary Requirements for Disclosure in Partic- Temporary Act of 2010’’; to the Committee 10452. A letter from the Assistant Adminis- ipant-Directed Individual Account Plans on Oversight and Government Reform. trator for Fisheries, NMFS, National Oce- (RIN: 1210-AB07) received November 15, 2010, 10442. A letter from the Chairman, Council anic and Atmospheric Administration, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of the District of Columbia, transmitting mitting the Administration’s final rule — mittee on Education and Labor. Transmittal of D.C. ACT 18-566, ‘‘Automated Fisheries of the Northeastern United States; 10430. A letter from the Program Manager, Traffic Enforcement Fund Temporary Northeast Multispecies Fisheries; Adjust- Department of Health and Human Services, Amendment Act of 2010’’; to the Committee ment to Fishing Year 2010 Georges Bank transmitting the Department’s final rule — on Oversight and Government Reform. Yellowtail Flounder Total Allowable Catch State Systems Advance Planning Document 10443. A letter from the Chairman, Council [Docket No.: 0910051338-0403-04] (RIN: 0648- (ADP) Process (RIN: 0970-AC33) received Oc- of the District of Columbia, transmitting AY29) received October 27, 2010, pursuant to tober 28, 2010, pursuant to 5 U.S.C. Transmittal of D.C. ACT 18-567, ‘‘University 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and of the District of Columbia Board of Trustees Natural Resources. Commerce. Quorum and Contracting Reform Temporary 10453. A letter from the Deputy Assistant 10431. A letter from the Principal Deputy Amendment Act of 2010’’; to the Committee Administrator for Operations, NMFS, Na- General Counsel, Federal Energy Regulatory on Oversight and Government Reform. tional Oceanic and Atmospheric Administra- Commission, transmitting the Commission’s 10444. A letter from the Chairman, Council tion, transmitting the Administration’s final final rule — Credit Reforms in Organized of the District of Columbia, transmitting rule — Pacific Halibut Fisheries; Limited Wholesale Electric Markets [Docket No.: Transmittal of D.C. ACT 18-568, ‘‘Budget Access for Guided Sport Charter Vessels in RM10-13-000; Order No. 741] received October Support Act Clarification and Technical Alaska [Docket No.: 100503209-0430-02] (RIN: 27, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Amendment Temporary Amendment Act of 0648-AY85) received October 27, 2010, pursuant the Committee on Energy and Commerce. 2010’’; to the Committee on Oversight and to 5 U.S.C. 801(a)(1)(A); to the Committee on 10432. A letter from the Assistant Sec- Government Reform. Natural Resources. retary, Legislative Affairs, Department of 10445. A letter from the Chairman, Council 10454. A letter from the Acting Director, State, transmitting notification of an Ac- of the District of Columbia, transmitting Office of Sustainable Fisheries, NMFS, Na- countability Review Board to examine the Transmittal of D.C. ACT 18-594, ‘‘Expanding tional Oceanic and Atmospheric Administra- facts and the circumstances of the loss of life Access to Juvenile Records Amendment Act tion, transmitting the Administration’s final at a U.S. mission abroad and to report and of 2010’’; to the Committee on Oversight and rule — Fisheries of the Exclusive Economic make recommendations, pursuant to 22 Government Reform. Zone Off Alaska; Reallocation of Crab and U.S.C. 4834(d)(1); to the Committee on For- 10446. A letter from the District of Colum- Halibut Prohibited Species Catch Allowances eign Affairs. bia Auditor, Office of the District of Colum- in the Bering Sea and Aleutian Islands Man- 10433. A letter from the Deputy Director, bia Auditor, transmitting copy of the report agement Area [Docket No.: 0910131363-0087-02] Defense Security Cooperation Agency, trans- entitled ‘‘Comparative Analysis of Actual (RIN: 0648-XZ08) received October 27, 2010, mitting Transmittal No. 10-49, pursuant to Cash Collections to the Revised Revenue Es- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the reporting requirements of Section timate Through the 3rd Quarter of Fiscal mittee on Natural Resources. 36(b)(1) of the Arms Export Control Act, as Year 2009’’, pursuant to D.C. Code section 47- 10455. A letter from the Acting Director, amended; to the Committee on Foreign Af- 117(d); to the Committee on Oversight and Office of Sustainable Fisheries, NMFS, Na- fairs. Government Reform. tional Oceanic and Atmospheric Administra- 10434. A letter from the Acting Deputy Di- 10447. A letter from the District of Colum- tion, transmitting the Administration’s final rector, Defense Security Cooperation Agen- bia Auditor, Office of the District of Colum- rule — Fisheries of the Exclusive Economic cy, transmitting Transmittal No. 10-24, pur- bia Auditor, transmitting copy of the report Zone Off Alaska; Pollock in Statistical Area suant to the reporting requirements of Sec- entitled ‘‘Comparative Analysis of Actual 610 in the Gulf of Alaska [Docket No.:

VerDate Mar 15 2010 03:29 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\L29NO7.000 H29NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 29, 2010 CONGRESSIONAL RECORD — HOUSE H7643 0910131362-0087-02] (RIN: 0648-XZ04) received ceived October 28, 2010, pursuant to 5 U.S.C. TIME LIMITATION OF REFERRED October 27, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- BILL PURSUANT TO RULE XII 801(a)(1)(A); to the Committee on Natural tation and Infrastructure. Resources. 10465. A letter from the Attorney Advisor, [The following action occurred on November 19, 10456. A letter from the Deputy Assistant Department of Homeland Security, transmit- 2010] Administrator for Regulatory Programs, ting the Department’s final rule — Safety Pursuant to clause 2 of rule XII the NMFS, National Oceanic and Atmospheric Zone; Fireworks Displays, Potomac River, following action was taken by the Administration, transmitting the Adminis- National Harbor, MD [Docket No.: USCG- Speaker: tration’s final rule — Atlantic Highly Migra- 2010-0776] (RIN: 1625-AA00) received October H.R. 2267. Referral to the Committee on tory Species; North and South Atlantic 28, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Energy and Commerce extended for a period Swordfish Quotas [Docket No.: 100315147-0403- the Committee on Transportation and Infra- ending not later than November 30, 2010. 02] (RIN: 0648-XV31) received October 27, 2010, structure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 10466. A letter from the Attorney-Advisor, f mittee on Natural Resources. Department of Homeland Security, transmit- PUBLIC BILLS AND RESOLUTIONS 10457. A letter from the Assistant Adminis- ting the Department’s final rule — Safety trator for Fisheries, NMFS, National Oce- Zone; Mississippi River, Mile 212.0 to 214.5 Under clause 2 of rule XII, public anic and Atmospheric Administration, trans- [Docket No.: USCG-2010-0576] (RIN: 1625- bills and resolutions of the following mitting the Administration’s final rule — AA00) received October 28, 2010, pursuant to titles were introduced and severally re- Atlantic Highly Migratory Species; Atlantic 5 U.S.C. 801(a)(1)(A); to the Committee on ferred, as follows: Billfish Management, White Marlin (Kajikia Transportation and Infrastructure. By Mr. KIRK: albidus), Roundscale Speafish (Tetrapturus 10467. A letter from the Regulations Offi- H.R. 6448. A bill to establish the Grace georgii) [Docket No.: 100729315-0331-01] (RIN: cer, FHWA, Department of Transportation, Commission II to review and make rec- 0648-BA12) received October 27, 2010, pursuant transmitting the Department’s ‘‘Major’’ ommendations regarding cost control in the to 5 U.S.C. 801(a)(1)(A); to the Committee on final rule — Real-Time System Management Federal Government, and for other purposes; Natural Resources. Information Program (RIN: 2125-AF19) re- 10458. A letter from the Acting Director, to the Committee on Oversight and Govern- ceived November 15, 2010, pursuant to 5 Office of Sustainable Fisheries, NMFS, Na- ment Reform, and in addition to the Com- U.S.C. 801(a)(1)(A); to the Committee on tional Oceanic and Atmospheric Administra- mittee on Rules, for a period to be subse- Transportation and Infrastructure. tion, transmitting the Administration’s final quently determined by the Speaker, in each rule — Fisheries of the Exclusive Economic 10468. A letter from the Branch Chief, Pub- case for consideration of such provisions as Zone Off Alaska; Pacific Cod by Vessels lications and Regulations, Internal Revenue fall within the jurisdiction of the committee Catching Pacific Cod for Processing by the Service, transmitting the Service’s final rule concerned. Inshore Component in the Central Regu- — Inflation Adjusted Items for 2011 (Rev. By Mr. ACKERMAN: latory Area of the Gulf of Alaska [Docket Pro. 2010-40) received November 2, 2010, pur- H.R. 6449. A bill to repeal provisions of the No.: 0910131362-0087-02] (RIN: 0648-XZ05) re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- recently enacted health care reform law that ceived October 27, 2010, pursuant to 5 U.S.C. mittee on Ways and Means. prohibit preexisting condition exclusions or 801(a)(1)(A); to the Committee on Natural 10469. A letter from the Chief, Publications other discrimination based on health status Resources. and Regulations Branch, Internal Revenue for adults; to the Committee on Energy and 10459. A letter from the Attorney-Advisor, Service, transmitting the Service’s final rule Commerce. Department of Homeland Security, transmit- — Examination of returns and claims for re- By Mr. ACKERMAN: ting the Department’s final rule — Safety fund, credit, or abatement; determination of H.R. 6450. A bill to repeal provisions of the Zone; VERMILION 380A at Block 380 Outer tax liability (Rev. Proc. 2010-29) received No- recently enacted health care reform law that Continental Shelf Fixed Platform in the Gulf vember 2, 2010, pursuant to 5 U.S.C. require the extension of dependent coverage of Mexico [Docket No.: USCG-2010-0857] (RIN: 801(a)(1)(A); to the Committee on Ways and to adult children under age 26; to the Com- 1625-AA00) received October 28, 2010, pursuant Means. mittee on Energy and Commerce. to 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. ACKERMAN: H.R. 6451. A bill to repeal provisions of the Transportation and Infrastructure. f 10460. A letter from the Attorney Advisor, recently enacted health care reform law that Department of Homeland Security, transmit- prohibit preexisting condition exclusions or ting the Department’s final rule — Safety REPORTS OF COMMITTEES ON other discrimination based on health status Zone; San Diego Harbor Shark Fest Swim; PUBLIC BILLS AND RESOLUTIONS for children; to the Committee on Energy San Diego Bay, San Diego, CA [Docket No.: and Commerce. Under clause 2 of rule XIII, reports of By Mr. ACKERMAN: USCG-2010-0462] (RIN: 1625-AA00) received committees were delivered to the Clerk October 28, 2010, pursuant to 5 U.S.C. H.R. 6452. A bill to repeal provisions of the 801(a)(1)(A); to the Committee on Transpor- for printing and reference to the proper recently enacted health care reform law that tation and Infrastructure. calendar, as follows: prohibit the establishment of annual limits 10461. A letter from the Attorney-Advisor, Mr. PERLMUTTER: Committee on Rules. on health benefits; to the Committee on En- Department of Homeland Security, transmit- House Resolution 1736. Resolution providing ergy and Commerce. ting the Department’s final rule — Special for consideration of the Senate amendments By Mr. ACKERMAN: Local Regulations, Sabine River; Orange, TX to the bill (H.R. 4783) to accelerate the in- H.R. 6453. A bill to repeal provisions of the [Docket No.: USCG-2010-0518] (RIN: 1625- come tax benefits for charitable cash con- recently enacted health care reform law that AA08) received October 28, 2010, pursuant to tributions for the relief of victims of the prohibit the establishment of lifetime limits 5 U.S.C. 801(a)(1)(A); to the Committee on earthquake in Chile, and to extend the pe- on health benefits; to the Committee on En- Transportation and Infrastructure. riod from which such contributions for the ergy and Commerce. 10462. A letter from the Attorney, Depart- relief of victims of the earthquake in Haiti By Mr. ACKERMAN: ment of Homeland Security, transmitting may be accelerated (Rept. 111–660). Referred H.R. 6454. A bill to repeal provisions of the the Department’s final rule — Navigation to the House Calendar. recently enacted health care reform law that prohibit health coverage rescissions; to the and Navigable Waters; Technical, Organiza- Ms. ZOE LOFGREN: Committee on Stand- Committee on Energy and Commerce. tional, and Conforming Amendments, Sector ards of Official Conduct. House Resolution By Mr. FATTAH: Columbia River; Correction [Docket No.: 1737. Resolution in the matter of Representa- H.R. 6455. A bill to amend the Internal Rev- USCG-2010-0351] (RIN: 1625-ZA25) received Oc- tive CHARLES B. RANGEL (Rept. 111–661). Re- enue Code of 1986 to permanently extend the tober 28, 2010, pursuant to 5 U.S.C. ferred to the House Calendar. 801(a)(1)(A); to the Committee on Transpor- American opportunity tax credit increases tation and Infrastructure. DISCHARGE OF COMMITTEE made to the Hope Scholarship Credit; to the 10463. A letter from the Attorney-Advisor, [Omitted from the Record of November 15, 2010] Committee on Ways and Means. Department of Homeland Security, transmit- Pursuant to clause 2 of rule XIII the By Ms. KAPTUR (for herself, Mr. VIS- CLOSKY, Mr. GRIJALVA, Mr. CONYERS, ting the Department’s final rule — Safety Committee on Science and Technology Zone; NASSCO Launching of USNS Wash- Ms. HIRONO, Mr. STARK, Ms. WOOL- ington Chambers, San Diego Bay, San Diego, discharged from further consideration. SEY, Ms. BALDWIN, and Ms. CASTOR of CA [Docket No.: USCG-2010-0728] (RIN: 1625- H.R. 1997 referred to the Committee of Florida): AA00) received October 28, 2010, pursuant to the Whole House on the State of the H.R. 6456. A bill to authorize the President 5 U.S.C. 801(a)(1)(A); to the Committee on Union and ordered to be printed. to reestablish the Civilian Conservation Transportation and Infrastructure. [The following action occurred on November 19, Corps as a means of providing gainful em- 10464. A letter from the Attorney Advisor, 2010] ployment to unemployed and underemployed Department of Homeland Security, transmit- citizens of the United States through the ting the Department’s final rule — Security Pursuant to clause 2 of rule XIII the performance of useful public work, and for Zone, Mackinac Bridge, Straits of Mackinac, Committee on the Judiciary discharged other purposes; to the Committee on Edu- Michigan [Docket No.: USCG-2010-0790] re- from further consideration of H.R. 2267. cation and Labor.

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By Mr. MCDERMOTT: and Government of the Republic of the Phil- H.R. 3668: Ms. CLARKE. H.R. 6457. A bill to amend the Internal Rev- ippines in the aftermath of Super Typhoon H.R. 3734: Ms. HIRONO. enue Code of 1986 to exclude from gross in- Megi which struck in October 2010; to the H.R. 3765: Mr. CARTER. come distributions from individual retire- Committee on Foreign Affairs. H.R. 3907: Mr. LANGEVIN and Ms. NORTON. ment plans during periods of unemployment By Mr. HASTINGS of Florida (for him- H.R. 4363: Mr. BERMAN. in 2009, 2010, and 2011; to the Committee on self and Ms. BORDALLO): H.R. 4756: Ms. TSONGAS. Ways and Means. H. Res. 1739. A resolution expressing sup- H.R. 4806: Ms. TSONGAS. By Mr. MCDERMOTT (for himself, Mr. port for the Republic of India to gain a per- H.R. 4986: Mr. ACKERMAN. WEINER, Mr. HASTINGS of Florida, Ms. manent seat on the United Nations Security H.R. 5028: Mr. AL GREEN of Texas, Ms. ´ LINDA T. SANCHEZ of California, Mr. Council; to the Committee on Foreign Af- WOOLSEY, and Mr. HOLT. RANGEL, Mr. MORAN of Virginia, Mr. fairs. H.R. 5137: Mr. OLVER. CARNAHAN, and Mr. FARR): By Mr. LATTA (for himself, Mr. H.R. 5376: Ms. HIRONO. H.R. 6458. A bill to amend the Internal Rev- HUNTER, Mr. WILSON of South Caro- H.R. 5460: Mr. DAVIS of Illinois. enue Code of 1986 to require that the Sec- lina, Mr. MILLER of Florida, Mr. H.R. 5939: Mr. MELANCON and Mr. CUELLAR. retary of the Treasury provide a Tax Receipt LOBIONDO, Mr. ROGERS of Alabama, H.R. 5976: Ms. LINDA T. SA´ NCHEZ of Cali- to each taxpayer who files a Federal income Mr. COURTNEY, Mr. MORAN of Vir- fornia. tax return; to the Committee on Ways and OLDEN LACKBURN ginia, Mr. H , Mrs. B , H.R. 6036: Mr. COHEN. Means. Mr. LATHAM, Mr. CALVERT, Mr. H.R. 6045: Ms. CLARKE. By Mr. CARTER: BRADY of Pennsylvania, Mrs. H.R. 6123: Mr. CRITZ and Mr. HINCHEY. H.J. Res. 100. A joint resolution dis- CHRISTENSEN, Mr. BOREN, Mr. H.R. 6128: Mr. SCHRADER, Mr. CARNAHAN, approving a rule submitted by the Environ- LOEBSACK, Mr. PETERS, Mr. BISHOP of and Mr. DEFAZIO. mental Protection Agency relating to the Georgia, Mr. HARPER, Mr. BLUNT, Mr. H.R. 6184: Ms. WOOLSEY. National Emission Standards for Hazardous WU, Mr. PAULSEN, Mr. WOLF, Ms. H.R. 6282: Ms. SCHAKOWSKY. Air Pollutants from the Portland Cement CORRINE BROWN of Florida, Mr. DICKS, H.R. 6308: Mr. HOLT. Manufacturing Industry and Standards of Mr. CONAWAY, Mr. SCHOCK, Mr. BOS- H.R. 6332: Mr. ROGERS of Alabama. Performance for Portland Cement Plants; to WELL, Mr. REHBERG, Mr. WELCH, Mr. H.R. 6403: Mr. DREIER, Mr. SENSENBRENNER, the Committee on Energy and Commerce. LATOURETTE, Ms. JENKINS, Mr. HOLT, and Mr. REED. By Mr. POE of Texas (for himself, Ms. Ms. GIFFORDS, Mr. PITTS, Ms. MCCOL- H.R. 6427: Mr. LEWIS of Georgia, Ms. MAT- BERKLEY, Ms. ROS-LEHTINEN, Mr. LUM, Mr. COSTELLO, Mr. CARSON of In- SUI, and Ms. BERKLEY. WEINER, Mr. BURTON of Indiana, and diana, Mr. JOHNSON of Georgia, Mr. H.R. 6437: Mr. FARR. Mr. ACKERMAN): WITTMAN, Mr. TONKO, Mr. GORDON of H. Con. Res. 323: Mr. POLIS, Ms. GIFFORDS, H. Res. 1734. A resolution reaffirming Con- Tennessee, Ms. NORTON, Ms. TSONGAS, Mr. SHERMAN, Mr. MCGOVERN, Mr. COHEN, gressional opposition to the unilateral dec- Mrs. MCMORRIS RODGERS, Mr. LEE of Ms. CLARKE, Mr. LEVIN, Mr. KUCINICH, Ms. laration of a Palestinian state, and for other New York, Mr. KISSELL, Mr. TURNER, TITUS, Mr. TONKO, Mr. BACA, Mr. LINCOLN purposes; to the Committee on Foreign Af- Mr. KLINE of Minnesota, Mrs. DIAZ-BALART of Florida, Mr. HARE, Mr. VAN fairs. MYRICK, Mr. FRANKS of Arizona, Mr. HOLLEN, Mr. COURTNEY, Mr. SCHIFF, Mr. By Mr. BERMAN (for himself, Ms. ROS- AKIN, Mr. FORBES, Mr. ROONEY, Mr. QUIGLEY Mrs. MCMORRIS RODGERS, Ms. RICH- LEHTINEN, Mr. FALEOMAVAEGA, Mr. JONES, Mr. LAMBORN, and Mr. DON- ARDSON, Mr. LANCE, Mr. PETERS, Mr. CROW- MANZULLO, Mr. DJOU, Mr. SCOTT of NELLY of Indiana): Georgia, Mr. MCMAHON, Mr. LARSEN H. Res. 1740. A resolution recognizing and LEY, Mr. LANGEVIN, Mr. MURPHY of Con- of Washington, Ms. BORDALLO, Mr. honoring the National Guard on the occasion necticut, Mr. MARKEY of Massachusetts, and LAMBORN, Mr. ENGEL, Mr. BURTON of of its 374rd anniversary; to the Committee on Mr. SIRES. Indiana, Mr. DEUTCH, Ms. BERKLEY, Armed Services. H. Res. 20: Mr. WAMP. Mr. CONNOLLY of Virginia, and Mr. H. Res. 764: Mr. CAPUANO, Ms. JACKSON LEE f SMITH of New Jersey): of Texas, and Mr. TIERNEY. H. Res. 1735. A resolution condemning ADDITIONAL SPONSORS H. Res. 1264: Ms. TSONGAS, Mr. LEWIS of Georgia, and Mr. POMEROY. North Korea in the strongest terms for its Under clause 7 of rule XII, sponsors unprovoked military attack against South H. Res. 1402: Mr. MCGOVERN and Mr. POM- Korea on November 23, 2010; to the Com- were added to public bills and resolu- EROY. mittee on Foreign Affairs. tions as follows: H. Res. 1431: Ms. MATSUI. By Mr. BURTON of Indiana (for him- H.R. 240: Mrs. BLACKBURN. H. Res. 1476: Mr. PAYNE. self, Mr. ROHRABACHER, Mr. POE of H.R. 745: Mrs. MCMORRIS RODGERS. H. Res. 1498: Mrs. BACHMANN. Texas, Mr. PIERLUISI, Ms. BORDALLO, H.R. 1625: Mr. SMITH of New Jersey. H. Res. 1531: Ms. GRANGER. Mr. PAYNE, Ms. BERKLEY, Mr. H.R. 1718: Mr. MCDERMOTT. H. Res. 1585: Mr. BOUCHER, Mrs. DAVIS of GINGREY of Georgia, Mr. WU, Mr. LIN- H.R. 1751: Mr. SHERMAN, Mr. GRAYSON, and California, Ms. LORETTA SANCHEZ of Cali- COLN DIAZ-BALART of Florida, Mr. Mr. ANDREWS. fornia, Mr. THOMPSON of California, Mr. CONNOLLY of Virginia, Ms. JACKSON H.R. 1990: Mr. ROGERS of Kentucky. SHERMAN, Mr. LOEBSACK, Mr. SMITH of Wash- LEE of Texas, Mr. MARIO DIAZ- H.R. 2254: Mr. REICHERT and Ms. HIRONO. ington, Mr. KISSELL, Mr. COURTNEY, Mr. BALART of Florida, and Mr. H.R. 2414: Mr. GRAYSON and Mr. LEVIN. BOREN, Mr. ISRAEL, Mr. ROGERS of Alabama, FALEOMAVAEGA): H.R. 2538: Mr. DREIER. Mr. REYES, Mr. WILSON of South Carolina, H. Res. 1738. A resolution expressing condo- H.R. 2766: Mr. FARR. Mr. BOSWELL, and Mr. HEINRICH. lences to the people and Government of the H.R. 2855: Ms. NORTON. H. Res. 1644: Mr. SHERMAN and Ms. SUTTON. Republic of China (Taiwan) and the people H.R. 3302: Mr. INSLEE. H. Res. 1690: Ms. BORDALLO.

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Vol. 156 WASHINGTON, MONDAY, NOVEMBER 29, 2010 No. 153 Senate The Senate met at 2 p.m. and was appoint the Honorable AL FRANKEN, a Sen- we would do, if we can get permission called to order by the Honorable AL ator from the State of Minnesota, to perform from the Senate, is have the two votes. FRANKEN, a Senator from the State of the duties of the Chair. We will have the cloture vote and Minnesota. DANIEL K. INOUYE, Johanns and Baucus, and then there is President pro tempore. 4 hours of debate, which would put us PRAYER Mr. FRANKEN thereupon assumed until 11, 11:30 tonight. I think Senator the chair as Acting President pro tem- MCCONNELL and I believe it would be to The Chaplain, Dr. Barry C. Black, of- pore. fered the following prayer: everyone’s interest to have those three Let us pray. f votes in the morning at 9 o’clock. Sen- O Lord, our God and provider, we RECOGNITION OF THE MAJORITY ator MCCONNELL and I have a meeting thank You for the many blessings we LEADER at the White House, and we would have to have the votes start at 9. That is enjoy as citizens of this great Nation. The ACTING PRESIDENT pro tem- where we will try to get to, so everyone May we be good stewards of Your gifts. pore. The majority leader is recog- should be alerted to the schedule issue. Lord, as we reflect on the future, we nized. f pray that Your sovereign presence will f protect us from evil and equip us to do UNIVERSITY OF NEVADA’S UPSET SCHEDULE what is right and just and good. OF BOISE STATE Mr. REID. Mr. President, following We pray for our Senators today, ask- Mr. REID. Mr. President, when you any leader remarks, there will be a pe- ing that You would keep them in good talk about the top teams in college riod of morning business until 4 p.m. health and focused on Your plans to football since the start of the century, today, with Senators permitted to guide and prosper them and the Nation you have to talk about Boise State speak for up to 10 minutes during that they serve. We are grateful that You University. A lot of people know about period of time. Following morning are here on Capitol Hill, listening, their famous blue turf and their quick, business, the Senate will resume con- watching, and judging. May all of our creative offense. Even casual college sideration of the Food Safety Mod- elected leaders do what is right for football fans can talk like experts ernization Act. At 5:30 today, Senator- Your everlasting glory. about the stunning trick plays that led elect MARK KIRK will be sworn to be a We pray in Your loving Name. Amen. the Broncos over a heavily favored Senator from the State of Illinois. At f Oklahoma team in a 2007 bowl game. 6:30, the Senate will proceed to vote on It is decidedly one of the most domi- PLEDGE OF ALLEGIANCE the substitute amendment to the food nant programs of the decade. How dom- safety bill. Under an agreement The Honorable AL FRANKEN led the inant? Since Boise State joined the Pledge of Allegiance, as follows: reached before the recess, if cloture is Western Athletic Conference in 2001, it invoked, all postcloture debate time I pledge allegiance to the Flag of the had lost just four conference games in United States of America, and to the Repub- will be yielded back except for the time 10 years. lic for which it stands, one nation under God, allotted in agreement and the only On Friday night in Reno, it lost its indivisible, with liberty and justice for all. amendments or motions in order are fifth. motions to suspend the rules offered by f Boise State came in ranked third in Senators JOHANNS and BAUCUS, both re- the country and was on track for its APPOINTMENT OF ACTING lating to 1099 forms, and two offered by third undefeated season in 5 years. It PRESIDENT PRO TEMPORE Senator COBURN, one relating to ear- had a shot at the national champion- The PRESIDING OFFICER. The marks and another, a complete sub- ship. But thanks to the University of clerk will please read a communication stitute for the bill. If cloture is in- Nevada Wolf Pack and its brilliant to the Senate from the President pro voked, we will debate the motions and head coach, Chris Ault, Boise State is tempore (Mr. INOUYE). then stack the votes for later tonight. no longer in the running. And now The legislative clerk read the fol- There is up to 1 hour total on the when you talk about the top upsets in lowing letter: Johanns and Baucus motions and 4 college football, you have to talk about hours on the Coburn motions. Upon Nevada. U.S. SENATE, disposition of the motions, the Senate Nevada and Boise State have been ri- PRESIDENT PRO TEMPORE, Washington, DC, November 29, 2010. will proceed to vote on passage of the vals for a long time—back when they To the Senate: food safety bill. played in the Big Sky and Big West Under the provisions of rule I, paragraph 3, I spoke to Senator MCCONNELL ear- Conferences, and in the Western Ath- of the Standing Rules of the Senate, I hereby lier today. It was suggested that what letic Conference where they play

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

S8207

VerDate Mar 15 2010 03:48 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.000 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8208 CONGRESSIONAL RECORD — SENATE November 29, 2010 today. They will soon leave the WAC RESERVATION OF LEADER TIME Further Administration effort to advance together to join the Mountain West funding is the best path to successful com- The ACTING PRESIDENT pro tem- pletion of these facilities. Conference, and the rivalry will con- pore. Under the previous order, the Well, here again, there is no showing tinue. Although some recent games leadership time is reserved. have been close—the 2007 one went to that advance funding is necessary for four overtimes—Nevada had not won f successful completion. It simply says it since 1998. MORNING BUSINESS ‘‘is the best path to successful comple- But this year’s Nevada team has been tion of these facilities,’’ but no show- The ACTING PRESIDENT pro tem- among the best in school history. It ing that the current path is not an ade- pore. Under the previous order, there leads the conference in offense, rushing quate path. yards and points scored. After this will now be a period of morning busi- The memorandum, in another spot, weekend’s win, it is ranged fourteenth ness until 4 p.m., with Senators per- makes this statement: mitted to speak therein for up to 10 in the country. . . . the NNSA is reviewing an updated sur- Still, beating a powerhouse like minutes each. veillance plan that could lead to greater Boise State was no piece of cake. No The Senator from Pennsylvania. budget requirements. one had beaten the Broncos since De- f ‘‘Could.’’ It does not say it would cember 2008. The Wolf Pack were 14- START TREATY RATIFICATION lead to greater budget requirements, point underdogs. They were down 17–0 and what is speculative as to what late in the second quarter. Then quar- Mr. SPECTER. Mr. President, I have could happen ought not to be taken as terback Colin Kaepernick led an in- sought recognition principally to urge any reason for objecting to the ratifi- credible second-half comeback and my colleagues to ratify the START cation. forced overtime. treaty with Russia. I ask unanimous Still later in the memorandum there They won the game when a 5-foot–6 consent at the outset that the text of a is the statement: freshman from McQueen High School memorandum from Senator JON KYL . . . there are still no costs or funding com- in Reno, a young man named Anthony and Senator BOB CORKER, two Repub- mitments beyond FY 2015. Martinez, kicked the most important lican Members, dated November 24, Well, that is not surprising when we field goal in State history. 2010, regarding progress in defining nu- are in the year 2010. Adequate time to It was not that long ago that the clear modernization requirements be consider and make commitments be- University of Nevada did not even field printed in the RECORD at the conclu- yond 2015 is hardly a reason not to a Division I team. Now our proud pro- sion of my statement. move ahead with ratification. gram has knocked off one of the tough- The ACTING PRESIDENT pro tem- Then, on page 5, under the category est teams in the Nation. pore. Without objection, it is so or- of ‘‘Conclusion,’’ there is a statement It is no fluke. Coach Chris Ault is an dered. about ‘‘assurances from the appro- exceptional leader and a good man. I (See exhibit 1.) priate authorizers and appropriators am proud to call him a very good Mr. SPECTER. I urge my colleagues must be obtained to ensure that the en- friend. to move ahead with the prompt ratifi- I have known Chris for a long time. acted budget reflects the President’s cation of this treaty. request.’’ When he was just 23 years old, he be- I have long been interested in the re- came the youngest high school head Well, that is unrealistic. There is no lationship between the United States way to get assurances from author- coach in the state, leading the Bishop and the Soviet Union, predecessor to Monogue Miners in Reno. I was a mem- izers—that is referring to the Armed Russia, on the issue of arms control, Services Committee—or the appropri- ber of the school’s athletic booster going back to my college days as a stu- club, and I was impressed with Chris ators, specifically the Defense Appro- dent of international relations. priations Subcommittee, a sub- Ault from the day I met him. One of the first items which at- He led the Wolf Pack as its quarter- committee on which I have served dur- tracted my concern on election to the back in the 1960s, as its athletic direc- ing my tenure. Senate was a Saturday speech made by tor two decades later, and has been its When you talk about getting assur- then-President Reagan where he said head coach three times, totaling 26 ances from legislators, from Senators, essentially that the United States had years. He is one of the smartest coach- from Members of the House of Rep- sufficient weapons to destroy the So- es in the country. A few years ago he resentatives, that, simply stated, is un- viet Union and, similarly, the Soviet invented the Pistol offense. Now realistic, I submit. Union had sufficient weapons to de- schools across the Nation, and even The concerns I had in the early days stroy the United States. For decades, some NFL teams, are copying it. of my tenure in the Senate led me to In fact, only two men enshrined in the two countries lived under the propose a resolution for a summit the College Football Hall of Fame are truce, so to speak, of mutual assured meeting which was contested by Sen- still actively coaching at the sport’s destruction. That has given way to ator Tower, who was then-chairman of highest level: the legendary Joe arms control negotiations and the suc- the Armed Services Committee. On Paterno and Nevada’s Chris Ault. cessful negotiation of treaties. For ex- this floor—I can still see Senator At the end of October, I was in ample, the START I treaty in 1992 was Tower on the end seat in the third row church in Reno when a tall young man approved by a margin of 93 to 6. The back and I in the junior league my first sat down next to me. It was Nevada’s START II treaty of 1996 was approved couple of years in the Senate. Senator quarterback, Colin Kaepemick, pre- by a margin of 87 to 4. The Moscow Tower was a tough advocate. We had paring himself spiritually for the next Treaty of 2003 was approved by a vote quite a protracted debate about the game. In Friday’s game, he became the of 98 to nothing. triad. first player in NCAA history to throw The memorandum I have referenced I had done my homework. I had been for more than 2,000 yards and run for raises a number of concerns which I to Grand Forks, ND, and seen the Min- 1,000 yards in three straight seasons. submit to my colleagues ought not to uteman II. It was my first experience Sometimes it is true what they say— stop us from moving ahead with ratifi- seeing a nuclear weapon, and it was that it is just a game. But this is one cation. For example, the memorandum quite a sight. I recall looking down an of those times when it is much more. makes this point on page 5: open space—I think it went close to 100 This remarkable, memorable win Additional funding could be applied to ac- feet, perhaps 90 feet; I would not affirm means so much for an underrated and celerate the construction of these facilities exactly what it was—and seeing the underappreciated athletic program, for to ensure on schedule completion. . . . Minuteman II, and that was, in effect, a great university and for the whole Well, there is no showing of a prob- small potatoes compared to what we State of Nevada. lem on on-schedule completion. To have had since. I went to the Air Force Congratulations to Coach Ault, Colin talk about ‘‘additional funding could base in California to look at the B Kaepernick, Anthony Martinez and the be applied’’ is far from saying it is nec- bomber, the B–1 or the B–2 at that Wolf Pack. I never doubted you would essary for our national security. time, and to South Carolina to Charles- pull it off. The memorandum further says: ton to see the nuclear submarines.

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I recall Senator Lax- with enriched uranium—a threat which entists are very apprehensive, as they alt walking down the aisle and voting is not present if it is not in Iran’s testified before the Labor, Health and no and starting to head for the Repub- hands when uranium is enriched, which Human Services Subcommittee. There lican cloakroom, and Senator Tower could be used for peaceful purposes. are some 200 projects with some $200 walked fast, chasing him up the aisle, We see today the importance of the million involved. and said: You don’t understand, Paul, cooperation of China in the concerns It is not a constitutional matter. It this is a tabling motion. I am looking we have with North Korea. When that is a matter of statutory interpretation for an ‘‘aye.’’ And Laxalt turned and problem broke last week, my first com- on the existing statute. But to the ex- said: I understand what you are after, ment publicly in a television interview tent there is any ambiguity, this is John, but I agree with Arlen Specter. on MSNBC was to state what was the something which we ought to address Senator Tower said: He is trying to tell obvious: that we had to engage China and we ought to address promptly be- the President what to do. Senator Lax- to deal with North Korea. China’s ini- cause it is a life-and-death matter. As alt said: Well, so is everybody else— tial comments were muted, were not long as the litigation is pending in the really, in effect, saying that is what very encouraging. I am pleased to see Federal court, the scientists do not Senators do from time to time, just ex- the most recent reports are that China know which way to turn. So they have pressing their opinions. is moving ahead to try to deal with a made their point very clear. The tabling motion was defeated 60 threat posed by North Korea, having The case could go on for a very pro- to 38, and the resolution was adopted 90 shuttle talks between North Korea and tracted period of time when you have to 8. South Korea. to file briefs, have argument, and a de- There has been a lot of unease and So it is in this overall context of hav- cision in the Court of Appeals for the consternation among foreign nations ing the assurances registered with for- District of Columbia. Then a possible eign governments that there is ration- as to what is going on in the Senate. I petition for certiorari could take a ality. When we talk about risks, my do not question the motives of the matter of years. With the ideological own assessment—and I have studied writers of the memorandum. I do not issues involved, who knows what the this situation closely. I was a member question their motives or their good final outcome would be in the judicial of the U.S. arms talks in Geneva going faith. But there is considerable concern system. But that can all be put to rest back into 1987, during that decade and both at home and abroad as to the grid- by legislation. lock which now confronts the Senate. beyond. But the risks are not what That is inevitable when one Senator they once were. It is never possible to f eliminate risks entirely, but when we says: We are going to see to it that this TELEVISING THE SUPREME COURT is President Obama’s Waterloo, and are looking to evaluate the balance of when leadership on the other side of risks and international cooperation Mr. SPECTER. One other point brief- the aisle says: Our principal objective with Russia and our conduct on ly—I see a colleague awaiting an oppor- is to defeat President Obama in 2012. START, as we project an image of tunity to speak—and that is my hope There is a concern about what is hap- strength with other countries, the risk we will address, before the end of the pening, whether there are really bona is well worth taking to the extent that year, the issue of televising the pro- fide objections to the START talks. it exists. Again, I say my own evalua- ceedings of the Supreme Court of the In connection with the travels I have tion is that there is not much of a risk United States. This is an issue I have undertaken during the course of the involved. worked on, on the Judiciary Com- past many months—in India, with a The Washington Post, last Friday, mittee, for a couple decades now. It has congressional delegation, a group of us November 26, quoted one of the authors been reported a number of times out of met with the Prime Minister of India, of the memorandum expressing satis- committee. It is currently on the Sen- a concern about agreements made with faction: ate agenda. our executive branch, whether they I’ve come to the conclusion that the ad- The Supreme Court of the United will be upheld; a meeting with officials ministration is intellectually committed to States decides all of the cutting edge modernization now. . . .Whether they’re questions. There ought to be trans- in China on certain trade issues; talk- committed in the heart is another matter. ing to leaders in other foreign coun- Suppose Start is ratified, and they no longer parency. When the case of Bush v. Gore tries, a real question about what is have to worry about that? Will they con- was argued, then-Senator BIDEN and I going on in the government of the tinue to press for the money? wrote to the Chief Justice urging that United States. Well, if we concede there is a com- the proceedings be televised. We got a In this interdependent world, I sug- mitment, be it an intellectual commit- response back in the negative, but on gest it is very important we project a ment, there is not a whole lot more that day there was a simultaneous national image, a national posture of that we can ask for. audio released. I noticed 2 weeks ago that on C–SPAN there was a Supreme rationality in what we are doing and f not to throw up roadblocks to inter- Court argument which was a couple national agreements such as START EMBRYONIC STEM CELL weeks old with an audio, and they had without good reason in the context RESEARCH a picture of the Justice who was speak- where at least in appearances there is Mr. SPECTER. Mr. President, I had ing and a picture of the lawyer arguing obstructionism. spoken about this when we reconvened the case—sort of like movies before When we talk about risks involved, several weeks ago, that it is my hope talking; sort of like silent movies. my own view is that we are far at this that Congress, the Senate specifically, There was an audio. point from a threat with the Russian will take up legislation which I have It is high time the public’s business Government. This is not the day of the introduced which would authorize the be open. Newspaper reporters can walk Cuban missile crisis in 1962 when the use of Federal funding for embryonic into the Supreme Court, make notes, world may have teetered on the edge of stem cell research. Embryonic stem upheld by the Supreme Court of the a nuclear confrontation. The relations cell research holds enormous potential. United States. Visitors are limited to with the Soviet Union were disinte- You take the embryos which are the some 3 minutes. The chambers can grated. The relations with Russia are most flexible of all of the stem cells only hold about 250 people. It is time vastly improved, and we need the co- and they can replace diseased parts of the Court was televised. I hope the operation of Russia in dealing with the body and they offer promise of a Senate will act. I have discussed the many very vexing international prob- veritable fountain of youth. issue with the leadership in the House lems, paramount of which is our deal- The U.S. District Court for the Dis- and there are positive responses on the ings with Iran and the need to have the trict of Columbia said the Executive issue.

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EXHIBIT 1 ing long before the overhauls are complete, tions we raised and that would show a From: Sen. Jon Kyl, Sen. Bob Corker assuming his pension fund is still solvent). stronger commitment to modernization. To: Republican Members He will have to replace some of the parts (es- UNDATED 1251 PLAN Date: November 24, 2010 pecially the electronics—some of his fleet of Atter reviewing our questions, and with Re: Progress in Defining Nuclear Moderniza- Ferraris still have vacuum tubes), because further review of the requirements imposed tion Requirements they just aren’t available anymore; but some by the NPR, the Administration agreed that We appreciate your willingness to consider parts will have to be reused, or manufac- updated budgets were required. Thus, on No- New START in the context of modernization tured to be as close to the original as pos- vember 17, 2010, an updated 1251 report was of our nuclear complex and the weapons it sible. Some of the original parts contained provided to the Senate, including an early supports. materials that are now illegal for safety or FY12 budget projection with White House ap- In advance of having an opportunity to dis- environmental reasons. To add to the prob- proval. The 1251 update, and the briefing pro- cuss the issue more fully next week in Wash- lem, the owner is asking for air bags, anti- vided as part of the update, satisfied many, ington, we want to summarize the status of lock brakes and anti-theft technology. Each but not all, of the initial questions we had our discussions with the administration. overhaul will take about a decade, from earlier expressed. planning through execution and without a The 1251 plan update increases the FY2012 SUMMARY new garage, he will be unable to finish the budget request by an additional $600 million, Throughout the Obama administration’s overhauls on time. And at the end of the day, increases the FY2012 five-year plan by $4.1 pursuit of a New START treaty, we have the mechanic is fairly certain that he will billion, and adds to the total FY11 ten-year been clear, as has Secretary Gates, that we not be allowed to turn the ignition to check plan between $5.4 and $62 billion. We are told could not support reductions in U.S. nuclear his work. that the new increases will not be taken forces unless there is adequate attention to This is the state of our nuclear deterrent from the DOD budget line. This update modernizing those forces and the infrastruc- today, except, we’re dealing not with cars, brings the ten-year plan (from FY11) to be- ture that supports them. The Administra- but with the most sophisticated and dan- tween $85.4 and $86.2 billion. Again, approxi- tion’s recent update of the 1251 plan, origi- gerous weapons ever devised by man. mately $70 billion of the original pledge of nally submitted in May in accordance with $80 billion was needed just to maintain cur- SECTION 1251 PLAN AND FY2011 BUDGET—A Section 1251 of the FY2010 NDAA, is an ac- rent operations of the nuclear weapons com- RESPONSE TO THE NUCLEAR POSTURE REVIEW knowledgment that more resources we need- plex, without covering the expense of the ed to accomplish the objectives set forth in The initial section 1251 report showed a needed modernization of the stockpile or in- the Nuclear Posture Review for the mod- ten-year budget plan for Weapons Activities frastructure. This update also includes re- ernization of the U.S. nuclear deterrent. This totaling $80 billion. But most of that $80 bil- vised cost estimates for CMRR and UPF; memo discusses our concerns with the origi- lion is not directed at modernization activi- those estimates now range from $3.7 to $5.8 nal 1251 plan, changes made and our assess- ties called for in the NPR—it is mostly con- billion for CMRR and $4.2 to $6.5 billion for ment of those changes and remaining issues. sumed in ‘‘keeping the lights on’’ at the lab- UPF. oratories and plants, including safety, secu- The new $4.1 billion for the five years of BACKGROUND—THE DECLINE OF THE NUCLEAR rity, facility upkeep (which is difficult on the FY2012 FYNSP is divided as follows: WEAPON STOCKPILE AND INFRASTRUCTURE very old facilities that would have been re- $340 million for design and engineering and Since the end of the Cold War, the U.S. nu- placed long ago in the private sector), and modest construction activity for CMRR and clear weapons infrastructure (including lab- routine warhead maintenance. UPF (see below for more detail); oratories, production facilities and sup- Only about $10 billion of that ten year $1.7 billion (approximately) for other facil- porting capabilities) has been allowed to de- number was for new weapons activity, about ity construction and maintenance require- teriorate. The weapons have remained safe, half of it coming from DOD and half from ments, including the High Explosive Press- secant and reliable, but they and their care- ‘‘savings’’ assumed from low inflation pro- ing Facility at Pantex and test facilities at takers have been in a state of limbo—only jections. We doubt such savings can be real- Sandia National Laboratories; when critical problems have arisen has ac- ized and the DOD funding is not enough to $1.0 billion (approximately) for stockpile work, with added funding for life extension tion been taken. The production facilities cover everything that needs to be done. It programs, stockpile surveillance and other are Cold War relics, safety and security costs provides for a small increase to stockpile design and research activities, though some have grown exponentially, and critical skills surveillance for warhead evaluation, funding of this funding ($255 million for the W76) is have been jeopardized through layoffs, hiring for the W76 life extension program and the only needed because one life extension pro- freezes, and the retirement of skilled sci- B61 and W78 life extension studies, and par- gram will take longer due to the capacity entists and technicians who earlier were able tial funding for badly-needed design, engi- bottleneck in the complex; to fully exercise the full set of nuclear weap- neering and a modest investment for con- $1.1 billion for contractor pension obliga- ons-related skills. In FY2010, the Ohama ad- struction of new plutonium and uranium tions spread through Weapons Activities ac- ministration invested only $6.4 billion in the processing facilities—the Chemistry and counts (which, while needed, does not sup- National Nuclear Security Administration Metallurgy Research Replacement (CMRR) port modernization). Weapons Activities funding line, a 20 percent nuclear facility and the Uranium Processing REMAINING CONCERNS loss in purchasing power from FY2005 alone. Facility (UPF). These new facilities will re- Despite this new increase, there remain a It is no longer possible to continue deferring place Manhattan Project-era buildings that few substantial concerns about the adequacy maintenance of either the facilities or the are a substantial maintenance burden and of the proposed budget. For one, the Admin- weapons. As a result, the 2010 Nuclear Pos- are becoming increasingly challenging to istration is attempting to address the enor- ture Review set forth a broad range of mod- maintain in a safe and operable condition. mous increases in the cost estimates for ernization and sustainment requirements Recognizing that more money was needed CMRR and UPF by delaying the full oper- that would be impossible without additional up front, the administration’s FY2011 budget ation of those facilities by one to two years. budget support. request of $7.0 billion for Weapons Activities This would stretch the final completion of A detailed explanation of these concepts is improved the FY2010 budget by $624 million. CMRR to 2023 and UPF to 2024, although the located in the appendix to this memo; but to The $624 million was included as a budget Administration states that some operational help understand the current situation, imag- ‘‘anomaly’’ in the two month C.R. we passed capability would be established (as required) ine an automotive expert working in a ga- before the October recess, but will have to be in 2020. If extended, hundreds of millions of rage built in 1942. The roof leaks and his maintained in the longer-term C.R. or Omni- dollars would be needed annually to main- tools are becoming outdated. Moreover, he bus we will pass in December. tain Manhattan Project-era facilities at has responsibility for a fleet of eight racing The initial 1251 plan left a lot of questions LANL & Y–12. Additional funding could be Ferraris, which have been sitting in storage about how all the work articulated in the applied to accelerate the construction of for about 30 years. The last time any engine NPR would be funded. Numerous experts ex- these facilities to ensure on schedule com- was turned on was 1992, but this ‘‘steward’’ is pressed concerns about obvious shortfalls in pletion and prevent wasted investments in responsible for assuring that, at any given funding and about restrictions placed on de- maintaining an securing facilities that are moment, each of the eight finely-tuned cars signers that will constrain their ability to being replaed anyway. will respond to the key turn. To do this, he work through stockpile issues. The funding Furthermore, the Administration is ignor- is allowed to assess components of the cars levels for CMRR and UPF were of significant ing the benefits of ensuring funding commit- for aging—leaks, cracks, rust, etc. (though concern, as was the funding for Life Exten- ments for these facilities early in the budget he isn’t able to look at the components often sion Programs—especially to incorporate im- process. Responsible advance funding mecha- enough and in sufficient detail because of his proved safety, security and reliability in nisms exist, such as a FY12 request for three- maintenance budget). these warheads. And of great concern to the year rolling funding (recommended by some Even on a shoe-string budget, he is begin- directors of the national weapons labora- NNSA budget specialists), or alternatively, ning to see signs of age throughout the fleet, tories, much of the promised budget increase an Administration commitment to seek ad- and realizes that each and every car will re- for modernization was not pledged until FY vanced funding in FY13 following the com- quire a complete overhaul (a ‘‘life extension’’ 16, by which point the Administration’s completion of the 90 percent design cost esti- program). To be successful, he needs a new mitment (if it is still in office) may have mate. Further Administration effort to ad- garage, updated tools, and skilled assistants waned. As a result, we requested an update vance funding is the best path to successful (because truthfully, the expert will be retir- to the 1251 plan that would answer the ques- completion of these facilities.

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The 1251 plan update Briefly, some of the stockpile programs deferred maintenance creates a substantial shows a doubling of surveillance funding most affected by the lack of Administration number of facilities that could (and occa- from FY09 to FY11—which is commendable— support for modernization include: sionally do) become a choke point in the but is our understanding that the NNSA is Replacing Manhattan Project-era Facili- progress of a life extension program. Mainte- reviewing an updated surveillance plan that ties: Since the closure of the Rocky Flat nance can only be deferred for so long, until, could lead to greater budget requirements. Plant in 1989, the U.S. has had only a limited eventually, something breaks; and when it NNSA should affirm that this review has capability to produce the core component of does break, it is usually much more expen- been completed and the budget request will our stockpile weapons: the plutonium pit. To sive to replace than routine maintenance reflect updated requirements. would have cost. Reducing deferred mainte- Finally, the 1251 update made clear that establish a pit production capability, a 60- year-old research laboratory must be re- nance is a demonstration that we are moving NNSA will not restore a production capa- from a nuclear weapons complex in decline, bility adequate to maintain our current placed by the Chemistry and Metallurgy Re- search Replacement (CMRR) nuclear facility to a revitalized and robust capability. stockpile levels (declassified as 5,113 weapons Critical Skills: Perhaps the most signifi- at Los Alamos. Likewise, producing uranium total), and instead allow up to 1,500 warheads cant attribute of a strong deterrent is the components at the 70-year-old facility at Y– to be retired or held with no maintenance scientific and technical capability that is 12 in Oak Ridge is an increasing risk that re- unless funding increases are sought and ob- present in our laboratories and military quires construction of a new Uranium Proc- tained. Failing to maintain hedge weapons complex. Maintaining those skills, especially essing Facility (UPF). Completion of these will increase the risk that the U.S. cannot as most nuclear-test experienced weapon de- new facilities will be essential in meeting respond to a problem in our aging stockpile. signers are past retirement age, is a growing life extension program requirements starting The Administration should not engage in challenge within the NNSA laboratories and further cuts to our deployed or non-deployed in 2020. Production Capacity: As Secretary Gates plants. stockpile without first determining if such Hedging: Without a robust production ca- stated, ‘‘Currently, the United States is the cuts are in our national security interest and pability, the U.S. maintains a large non-de- only declared nuclear power that is neither then obtaining corresponding reductions in ployed stockpile as a technical hedge against modernizing its nuclear arsenal nor has the other nations’ nuclear weapons stockpiles, stockpile concerns and a political hedge that capability to produce a new nuclear war- such as Russia’s large stockpile of weapons allows rapid upload should another nation head.’’ The United States requires a nuclear not limited by New START (e.g., its tactical become increasingly adversarial. With the weapon production capability with sufficient nuclear weapons). technical hedge, if one weapon type were dis- capacity to satisfy the life extension require- MODERNIZATION OF U.S. STRATEGIC DELIVERY covered to have an urgent issue requiring re- ment of our aging weapons, as well as to pro- SYSTEMS placement, alternate components in the vide a ‘‘hedge’’ against future technical or force structure theoretically could be used to The 1251 update deals not only with our nu- political problems. Currently, we are limited compensate for that loss of capability. For clear weapons, but the delivery systems that to producing a handful of plutonium pits a example, W78 warheads on Minuteman III are part of our TRIAD. The update indicates year for one weapon, but are unprepared to might be replaced by W87 warheads main- somewhat clearer intent by the Administra- produce most of the remaining pieces of that tained in storage, and vice-versa. tion to pursue a follow-on heavy bomber weapon. Modernization of the NNSA labora- (though not specifically nuclear) and air- Delivery Systems: Nuclear weapon delivery tories and plants is required to correct this systems require replacement within the next launched cruise missile (ALCM), though de- issue, with the stated goal of establishing a velopment costs beyond FY 2015 are yet to be thirty years. These systems include: ‘‘capability-based’’ production capacity. The B–52H bomber, first deployed in 1961 determined. While the update notes that es- Without this capacity, there can be no stock- timated costs for a follow-on bomber for FY and scheduled to be sustained through 2035; pile reductions. In fact, General Chilton ar- The B–2 penetrating bomber, deployed in 2011 through FY 2015 are $1.7 billion, there gues the stockpile might have to be in- 1993 is currently being updated for long-term are still no costs or funding commitments creased: ‘‘I would say because of the lack of sustainment; beyond FY 2015. It is the same for the ALCM: a production capacity there’s a fear that you The Air-Launched Cruise Missile (ALCM), $800 million programmed over the FYDP, but might need to increase your deployed num- deployed in 1981 and scheduled to be sus- no cost estimates are included beyond FY bers because of the changing and uncertain tained through 2030; 2015. We should have a better idea of these strategic environment in the future.’’ The Minuteman III ICBM, deployed in 1970, estimated costs over the full ten years of the Life Extension Programs: Under current undergoing life extension and scheduled for 1251 plan, and know whether the Administra- policy, the laboratories and plants are con- replacement by 2030; tion intends to make this new heavy bomber strained to extending the life of existing And the ballistic missile submarines and and ALCM nuclear capable. warheads to keep them in the stockpile for missiles. Ohio-class SSBNs were first de- Decision-making for an ICBM follow-on is much longer than originally expected. Thus, ployed in 1981 and commence retirement in unlikely before FY 2015, at the completion of as the weapons age and concerns are ob- 2027. The Trident II Submarine Launched an ongoing analysis of alternatives. The up- served, the laboratories and plants deter- Ballistic Missile (SLBM), deployed in 1990, date notes: ‘‘While a decision on an ICBM mine how best to repair the weapons. Aging will be sustained through at least 2042, fol- follow-on is not needed for several years, pre- components are replaced, remanufactured or lowing a life extension. paratory analysis is needed and is in fact inspected for reuse in the stockpile. In per- Mr. SPECTER. I thank the Chair and now underway. This work will consider a forming life extension for the W87 and the range of deployment options, with the objec- yield the floor. ongoing W76, our experts have discovered The ACTING PRESIDENT pro tem- tive of defining a cost-effective approach for that it is very difficult to reconstitute proc- an ICBM follow-on that supports continued esses and capabilities that have been allowed pore. The Senator from Nebraska. reductions in U.S. nuclear weapons while to atrophy. Currently, the W76 warhead is in f promoting stable deterrence.’’ (emphasis LEP production, the B61 LEP study is under- 1099 REPEAL added) We think it important to understand way and the NPR called for an FY2011 start what the Administration intends when it to a W78/W88 LEP study that will research if Mr. JOHANNS. Mr. President, we suggests that a decision regarding a follow- the two warheads can be life-extended simul- have a distinct opportunity to take on ICBM must be guided, in part, by whether taneously. what I regard as very clear and decisive it ‘‘supports continued reductions’’ in U.S. Surveillance: The average age of our cur- nuclear weapons—especially since we seri- action to uphold two very important rent nuclear weapons is approaching 30 principles. We as a Senate, No. 1, sup- ously doubt it’s in our interests to pursue re- years. To ensure that each warhead remains ductions beyond the New START treaty. One reliable, each year approximately 11 war- port enabling job creation. In this re- logical inference from this criterion is that a heads per type should be returned from the gard, repealing the 1099 paperwork follow-on ICBM is no longer needed because military for dismantlement and evaluation. mandate helps fulfill our promise to the U.S. is moving to drastically lower num- Components are inspected and tested to en- clear Federal roadblocks that are stop- bers of nuclear weapons. We continue to sure reliable operation. This program aids in ping small businesses from expanding press for a letter from the DOD confirming the annual assessment of the stockpile per- and putting Americans to work. its commitment to follow-on nuclear-capable formed by the laboratories and is the lead delivery systems. Small businesses want to expand. mechanism for identifying potential stock- They want to hire more workers. Mil- CONCLUSION pile issues. Due to inadequate funding, sur- lions of Americans want to get back to Until these issues are resolved, it will be veillance requirements have not been met difficult to adequately assess the updated for many years, raising concerns about con- work. Yet the tax paperwork mandate 1251 plan, despite the welcome increases in fidence in the stockpile. hidden in the health care law requires proposed spending. And as has always been Deferring Maintenance, Creating businesses to file a mountain of addi- clear, assurances from the appropriate au- Chokepoints: In addition to the CMRR and tional 1099 tax forms. It will consume

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I could After all the hoopla over pay as you amount of tax paperwork, full repeal not disagree more. This repeal should go, the alternative amendment doesn’t would prevent erroneous IRS fines and and must be offset. As my colleagues include a single budgetary offset to hefty accountant bills from slamming may recall, in September, I offered a cover costs. The amendment simply our job creators. similar repeal that also was fully off- says: Let our kids and our grandkids As the President of the National Fed- set. It did receive significant bipar- sort it out on top of the $14 trillion of eration of Independent Business put it: tisan support, but some objected to my debt we are leaving them. That is un- You can’t operate and grow your business proposed offsets and came to me on the fortunate. If we can’t come together to if you are spending all your time filling out floor and said: I would be with you on agree on a few billion dollars in budget IRS forms and haggling with auditors. this but for the offsets. constraint, how do we ever hope to ad- I couldn’t agree more, and that is Opponents explained they voted no dress the $14 trillion national debt? why I have been actively advocating because they opposed taking money Any Senator who votes for the Bau- for a complete and full repeal of this from the new health care law. So we cus amendment is sending a clear mes- burdensome 1099 requirement for many sat down and, in the spirit of com- sage to his or her constituents that fis- months now. Anything less than a compromise, I took those criticisms to cal responsibility is not a priority. Any plete repeal is simply unacceptable. heart and came up with a new, non- claim otherwise truly does ring hollow. No. 2, we take seriously the concerns controversial way to pay for this need- So I urge my colleagues to oppose the of so many Americans with our govern- ed repeal. Baucus alternative and vote for the ment’s out-of-control spending. That is My amendment uses unspent and un- Johanns amendment. It will be a vote the second principle we can stand for obligated funds from Federal accounts to protect our job creators and the today. The elections recently held, I to fully pay for the repeal of the 1099 prosperity of our children and grand- believe, sent a very clear message mandate. This fiscally responsible ap- children. We simply cannot keep kick- about Washington’s spending habits proach is not controversial, and it has ing the fiscal responsibility can down and our enormous $14 trillion debt. been done many times before. At the the road. Voters expressed dismay and alarm end of every year, there is money left I yield the floor and I note the ab- with the rate of government spending in the accounts of Federal agencies sence of a quorum. and with enormously good reason. that has not been obligated for a spe- The ACTING PRESIDENT pro tem- Spending has increased by more than cific purpose. According to the most re- pore. The clerk will call the roll. 21 percent since 2008 and annual defi- cent OMB estimate, roughly $684 bil- The legislative clerk proceeded to cits weigh in at more than $1 trillion. lion is just sitting in these accounts at American households across this call the roll. the end of fiscal year 2010. This almost great country are doing the best they Ms. MIKULSKI. Mr. President, I ask $700 billion does not include—does not can to put food on the table and pay unanimous consent that the order for include—accounts for the Department the mortgage. In the face of a very dif- the quorum call be rescinded. of Defense or Veterans Affairs. We ficult economic environment, they are The ACTING PRESIDENT pro tem- leave them off the table. So my amend- doing everything they can to survive. pore. Without objection, it is so or- ment boils down to using about 5 per- Our families have seen their wages dered. cent of these funds—5 percent. Ms. MIKULSKI. Mr. President, I ask slashed, jobs lost, and home values Additionally, my amendment gives unanimous consent to speak for up to plummet. Their solution to these dif- the Office of Management and Budget 15 minutes. ficulties isn’t to continue spending discretion to decide what programs The ACTING PRESIDENT pro tem- with disregard for the level of their from which the funds can come. Again, pore. Without objection, it is so or- debt. Instead, they dig deep and figure this is not unusual; it has been done dered. out ways to cut costs and to make ends before. This approach is better than an meet. Meanwhile, they look at their f across-the-board cut. It allows impor- Federal Government in disbelief when tant programs to be spared any reduc- CONGRESSIONALLY DESIGNATED they see how we continue to spend tion. However, let’s face it. This fund- PROJECTS money we don’t have. ing has been available all year long— Ms. MIKULSKI. Mr. President, I rise My amendment takes their concerns some of it for several fiscal years. If it today to talk about my opposition to to heart by fully offsetting the cost of was important to our Nation, Federal an amendment that is going to be of- the 1099 repeal. The alternative amend- agencies would have spent it now. As a fered by the Senator from Oklahoma to ment piles $19 billion of debt onto the former Cabinet member, I ran one of eliminate congressionally designated backs of future generations, further these agencies. projects. kicking the fiscal responsibility can So there is no basis for the claims For me, the job has always been down the road. about the people, and the best ideas do Then-Senator Obama said this in about what vital programs this amend- come from the people. As I have trav- 2006: America has a debt problem and a ment might reduce. Again, I empha- eled around the State of Maryland, failure of leadership. size, this has been done many times be- When he refers to the debt problem, fore. It is simply 5 percent of the non- whether to worksites or roundtables or he is absolutely right. How true that is. security-related funding that was lying unfettered, uncensored conversations Even the sponsor of the alternative has dormant in Federal accounts at the end in diners, I listen to the people. What spoken very well on this issue. Again, I of the year. If we cannot agree to this they tell me is that they are mad at am quoting, and the board shows the noncontroversial offset, then the public Washington because when all is said quote: demand for fiscal responsibility voiced and done, more gets said than gets There is no one here who would argue the in November has fallen on deaf ears. done. Families are stretched and point that our deficits are too high. . . .We In September, when the Senate first stressed, and they want a government have to pay our national debt and then go on voted down my 1099 amendment, the that is on their side. They want a and find ways to reduce the budget deficits. concern was about the source of the strong economy, a safer country, and a I think all of us can agree that is something offsets. No one argued that we simply government that is as frugal and we have to do. did not need to pay for the repeal. No thrifty as they are. People want us to Getting our fiscal house in order will one got up and said: Well, we don’t focus on a constitutionally based gov- not be easy, but for the sake of the have to pay for this. This was never a ernment. country’s future, we have to take ac- part of anyone’s argument. Yet that is I support the people because I feel tion. exactly what the Baucus alternative the same way. I do think we have to

VerDate Mar 15 2010 03:48 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.010 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8213 focus on building a strong economy. We I have also fought and led the sub- I have also funded small projects but do have to focus on being a more frugal committee in a more aggressive reform big in the hearts of my constituents, government. However, I say to my col- effort. I provided robust funding to in- such as helping with the building of a leagues, getting rid of congressionally spectors general to be the watchdogs of children’s hospice. Imagine having a designated projects is really a false the agencies. I am the first Senator on child so sick they require hospice care. journey to be on. If we eliminate every an appropriations subcommittee to in- The least America can do and the least congressionally designated project— sist that the inspector general testify the Senate can do is to partner with otherwise known as earmarks—we at every one of my subcommittee hear- families, the local government, and won’t do anything to reduce the deficit ings of an agency on issues relating to people at great institutions, such as because congressionally designated waste and abuse. hospice, to make sure children at the projects are less than one-half of 1 per- I established an early warning sys- end stage of life have a place to be. cent of total Federal spending. What it tem on cost overruns, and then I re- So do I fight for congressional will do, however, is make it harder to duced overhead by 10 percent by get- projects? You bet I do. Has it made a meet compelling human and commu- ting rid of lavish banquets and con- difference in the lives and economy of nity needs many of us hear about from ferences and also cutting the amount Maryland? You bet it does. So we can our constituents. Without these con- that could be spent on tchotchke give- have this moratorium, but I will pre- gressionally designated projects, often aways at the conferences they did dict we will be back 15 months from their needs will be cast aside by a big have. That might sound like a small now to reinstate it. I say: Let’s keep it, government or a big bureaucracy. thing, but, my gosh, getting an inspec- let’s reform it, let’s have a stronger I believe we need to fight for real def- tor general there, we found all kinds of economy, safer communities, and a icit reduction, and the way we do it is things under every rock where another more frugal government. to look at the recommendations of the couple million were hidden and we I yield the floor. various commissions that are being put worked to get rid of that. We also got The ACTING PRESIDENT pro tem- forward, whether it is Simpson-Bowles rid of things such as the $4 meatball or pore. The Senator from Minnesota. Ms. KLOBUCHAR. Mr. President, I or Domenici-Rivlin or others. $66 for bagels for one person at a De- wish to first acknowledge the Senator What I do think is that we also partment of Justice breakfast. So we from Maryland and to say I appreciate should maintain our constitutional said: Let’s get rid of the folly, let’s get her work in reforming the system of prerogatives of fighting for our con- rid of the fraud, let’s into get into a congressionally initiated projects. stituents and fighting by being able to more frugal atmosphere, and we were I also wished to mention, before I get put special projects into the Federal able to do this. to my main topic today, which is the checkbook. I would hope we could institu- expiration of the volumetric ethanol I have been clearly on the side of re- tionalize these reforms. There are re- excise tax, the important vote we are form. We have had many requests for forms we could put in place that are having this evening on food safety. As earmarks in my Subcommittee on common sense, but it would enable col- the Chair knows, coming from the Commerce, Justice, Science. I got $3 leagues to exercise their constitutional State of Minnesota, we had three peo- billion worth of requests, including $580 prerogative of not letting big bureauc- ple who died during the last foodborne million for police officer technology. racies and big government determine illness tragedy—the salmonella in pea- Another $980 million came for fighting the destiny of our communities. I am nut butter episode. One of those indi- crime, drugs, and gangs through en- always going to fight for Maryland. I viduals included Shirley Ulmer, moth- forcement, prevention, and interven- am not here to defend earmarks, but I er of Jeff Ulmer, who has worked so tion. Also, we got $220 million worth of am here to defend my ability to help hard to get this bill passed, and we are requests in science and in education. Maryland. So I oppose Coburn. hopeful we have finally gotten the We cannot fund those at those levels. Coburn would have a moratorium for votes to improve our food safety sys- In fact, we severely reduced them and 3 years on appropriations bills, author- tem, which hasn’t been improved since stayed within what we think are ac- izing bills and tax bills. I oppose it be- the 1930s. Clearly, we have seen a lot of ceptable limits. So we need the local cause I do not think, first of all, it will changes to our food supply since then, communities to keep our communities reduce the Federal deficit; secondly, it and so this is long overdue. safe, to educate our children in science takes away my constitutional power— f and technology, and make sure we keep the power of the purse that was given our police officers safe with earmarks to Congress—to be able to help my con- VOLUMETRIC ETHANOL EXCISE of $3 billion. stituents; and lastly but most of all, I TAX There have been abuses of congres- wish to have every tool at my disposal Ms. KLOBUCHAR. Mr. President, I sionally designated projects. That is to make sure big bureaucracies don’t rise to underscore the need to invest in why I support reform, and the leader- forget the little people who pay the homegrown energy and to reduce our ship is focused on reform. In 2007, new taxes. So I hope we defeat Coburn. dependence on foreign energy. Our Na- Senate rules began to require full dis- At the same time, what I want to be tion’s ability to produce a reliable low- closure of these projects. In 2009, Sen- able to do is stand on the side of re- cost domestic source of energy is both ator INOUYE insisted on more signifi- form. I can assure my colleagues, if an economic issue and a national secu- cant reforms: Every project must be Coburn is defeated, I will do everything rity issue. posted by Senators on their Web site. in the institution to follow the leader- Two years ago, our Nation got a Every project must be less than 1 per- ship already established by Senator wake-up call. Gas prices exceeded $4 a cent of the discretionary budget. INOUYE—a real reformer—to further re- gallon, even $5 in some places. It was a Today, congressionally designated form our process. Let’s get rid of abuse, chilling reminder that the United projects—otherwise known as ear- but let’s not give away our ability to States spends more than $400,000 per marks—are 50 percent below what they stand and fight for our constituents. minute on foreign oil. That money is were when the Republicans controlled Let me close by giving a couple ex- shipped out of our economy, adding to the Congress. Mr. President, I empha- amples. The Port of Baltimore provides our enormous trade deficit and eco- size that under Democratic leadership, over 1,000 jobs. I want to be ready when nomic woes, and leaving us reliant on we reduced earmarks by 50 percent those big ships come through the Pan- unstable parts of the world to meet our below what they were in 2006, and we ama Canal, so I have a dredging ear- basic energy needs. made the process open and transparent. mark in that makes my port fit for Some of our colleagues have called I think this is very important. duty for the 21st century. for the volumetric ethanol excise tax In the Commerce-Justice bill, I insti- I also have another earmark in for credit—known as VEETC—to expire at tuted my own reforms. I even went a Ocean City beach replenishment, which the end of December. This tax credit step further. I established criteria that we have already done. It protects mil- was created 5 years ago to help bring met community needs and must be sup- lions of dollars of real estate along ethanol from our farms to our gas ported by a viable organization, and it Maryland’s coast, where we generate pumps. It has helped us start to invest must have matching funds. over $10 billion in tourism. in the farmers and the workers of the

VerDate Mar 15 2010 04:53 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.011 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8214 CONGRESSIONAL RECORD — SENATE November 29, 2010 Midwest instead of the oil cartels of Sustainable Technologies—the The ACTING PRESIDENT pro tem- the Mideast. SAFEST Act—with similar provisions pore. Without objection, it is so or- My colleagues talk about how we calling for an extension of the tax cred- dered. need to let the free market solve our it, but it also includes a strong renew- f dependence on foreign energy. Well, I able energy standard—something we NEW START TREATY wholly support free markets, but I say: need in this country and something Let’s have a level playing field and let Senator SNOWE and I have worked on. Mr. KERRY. Mr. President, we are in the best ideas succeed. I would like to I see Senator KERRY of Massachu- what we all understand are very dif- know if my colleagues truly think setts is here. I was devoted last year to ficult times—challenging in every re- there is a level playing field for those focusing on alternative energy and spect and certainly with respect to the trying to compete with the oil indus- ways to focus on our homegrown en- national security concerns of the country. We have an oil industry that has ergy industry. I know this ethanol tax try. As we speak, American soldiers are received decades of government sup- credit will not always be necessary. fighting a war in Afghanistan, winding port. Yet we have an emerging biofuels That is why I have also been working down a war in Iraq, and our Nation has industry, powered by American farm- to develop a new more cost-effective young men and women in harm’s way ers, that is starting to grow the crops, tax credit that would replace the exist- in many parts of the world, engaged in to improve the ethanol that is finally ing VEETC credit and would more di- a persistent challenge against global displacing our demand for oil. Over the rectly benefit and focus on the farmers terrorism. Iran’s nuclear program con- last few decades, more than $360 billion who are growing our transportation tinues to advance, and North Korea is worth of taxpayer subsidies and loop- fuel. building a uranium enrichment facility holes have lined the pockets of oil com- No one is denying we can improve the and provoking the south on a regular panies. This is nearly 10 times greater tax credit to make it even more effec- basis with its military aggression. than the investments we have made in tive with investments in alternative Every single one of these is a com- homegrown biofuels. Meanwhile, in fuels, but the ethanol industry, the plex challenge without any easy solu- just the last 5 years, the top five oil biofuels industry, and private investors tion. But in the middle of all these companies recorded $560 billion in prof- with billions of dollars in capital need challenges, the Senate has been given its. to know our Nation is serious about an opportunity to actually reduce the Since the ethanol tax credit was first supporting alternative fuels. Are we dangers our country faces. We have adopted, it has helped the renewable going to pull the rug out from under been given an opportunity set an exam- fuels industry grow and grow not just them? Are we going to put our heads in ple for the world. We have been given with the same kind of renewable fuel the sand and send all that money in- an opportunity to make the decision but to begin to expand—as you know, stead to the Mideast? that would help to put greater pressure from our home State of Minnesota— Allowing this tax credit to expire be- on Iran, on North Korea or on any into cellulosic ethanol, into using fore we can come up with a long-term other country that might be contem- water and, a better part of the process, agreement about how to continue to plating the notion of moving toward into conserving water and into using invest in homegrown energy would nuclear weapons. The Senate has been all kinds of new ideas. But to pull the send the wrong signal to investors. given the opportunity in the next days rug out from under this new growing Letting this tax credit expire with no to express the leadership of our coun- industry, when it is competing against replacement would say America is not try with respect to moving in the oppo- the big guys—against big oil—is the serious about finding alternatives to site direction—away from nuclear wrong thing to do. In our State alone, oil and we are not serious about reduc- weapons to greater controls, greater employment and economic output from ing our dependence on foreign energy. accountability, greater security and the ethanol biofuels industry has dou- Our Nation has an unemployment safety for our people. bled. This year’s biofuels production in rate of 9.6 percent. To meet our basic With one simple vote before we leave Minnesota is expected to exceed 1 bil- fuel needs, we continue to send $730 here in the next days, we could approve lion gallons, employing nearly 8,400 million a day to foreign countries, the New START treaty and make people and creating an economic im- many of which have been known to America and the world more secure and pact of more than $3 billion. Instead, funnel money to terrorists. Now is not take an important step forward in lead- do we want to give all those jobs to the the time to pull that rug out from un- ership as we express to the world our Mideast, to give them to countries we derneath the largest, most established sense of responsibility with respect to don’t even want to be doing business domestic alternative to petroleum fuel. the challenge of nuclear weapons. That with? Now is not the time to put in jeopardy is the opportunity we have. The ques- Nationally, homegrown ethanol dis- tens of thousands of jobs. Now is the tion before every Senator is going to be places about 5 percent of our oil con- time to extend the biofuels tax credit whether we come here in these next sumption or about 350 million barrels. and invest in those farmers in the Mid- days to do the business of the Amer- The ethanol industry employed nearly west instead of those oil cartels in the ican people, to do our constitutional half a million Americans to produce Mideast. Now is the time to increase responsibility to advise and consent to the ethanol right here in our country. our support for alternative energy. a treaty negotiated by the executive Letting this tax credit expire would al- These investments will help us to lower department of the country. most certainly put thousands of jobs in the unemployment rate, reduce the New START is, quite simply, a com- jeopardy and would also increase our amount of money we send overseas to monsense agreement to control the dependence on foreign oil, thereby meet our energy needs, and these in- world’s most dangerous weapons and hurting our national security. The oil vestments will help make our Nation enhance stability between the two spill in the gulf was a poignant re- less reliant on unfriendly nations—on countries that possess over 90 percent minder. Our addiction to oil comes those we don’t want to be doing busi- of them. Just think of the statement it with serious cost and it is time our Na- ness with. makes to those countries contem- tion gets serious about investing in al- I hope my colleagues will listen to plating where Iran may be going when ternatives. this argument and look at these num- the countries that possess 90 percent of We didn’t see a windmill blow up in bers—at how much money the oil in- these weapons begin to dismantle these the middle of a corn field. We didn’t see dustry is getting. weapons and provide intrusive verifica- an ethanol plant blowing up in the I note the Senator from Massachu- tion steps between us for how we will middle of a corn field. setts is here, and I yield the floor. both behave. What an important state- Senators CONRAD and GRASSLEY have The ACTING PRESIDENT pro tem- ment at this moment in time with recalled for a 5-year extension of the eth- pore. The Senator from Massachusetts. spect to Iranian behavior, with respect anol tax credit, and I support their bi- Mr. KERRY. Mr. President, I ask to North Korean behavior, and what a partisan legislation. Senator JOHNSON unanimous consent to speak as in completely opposite, irresponsible deci- and I have introduced the Securing morning business for such time as I sion it would be if the Senate just got America’s Future with Energy and will consume. bogged down in politics and walked

VerDate Mar 15 2010 03:48 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.012 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8215 away from this moment, unwilling to now. He is respected all across the there that just have not been resolved. make that kind of decision that offers globe by those people who follow these Let me try to deal with that for a mo- the leadership that I think the world issues. He has expressed the urgency of ment because I wish to make it very and certainly the American people ex- passing this treaty now, in this Senate, clear that the New START treaty’s in- pect us to make. in this Congress, in this session. spection and evaluation and analysis This treaty will limit the number of In summary, the New START helps process by the Senate and appropriate nuclear weapons Russia can deploy to the United States to lead other coun- committees has been extensive and ex- 1,550 warheads. What American who tries so we help each other to address haustive. contemplates the nature of nuclear war the lingering dangers of the old nuclear I wish to make clear what the record and conflict and the potential damage age, and it gives us a very important says about the time we have to con- of 1 weapon, 10 weapons, 20 weapons— set of tools in order to combat the sider this treaty. The Senate has been what American does not understand threats of the new nuclear age. Indeed, working on this treaty for the past the common sense of limiting Russia to the single most significant question year and a half, ever since the negotia- 1,550 weapons pointing at the United being raised at this point in time is not tions first began. States of America, some of them di- about the substance of the treaty with- Starting in June of 2009, the Foreign rectly pointing at us even as I stand in the four corners of the treaty; it is Relations Committee was briefed at here and speak today? about language external to the treaty least five times during the talks with This treaty will give us flexibility in with respect to whether it somehow the Russians. Senators from the Armed deploying our own arsenal so we do not might limit our missile defenses. All of Services Committee, the Select Com- have to live by a strict restraint with us acknowledge that those missile de- mittee on Intelligence, the Senate’s respect to land or sea or air. We have fense investments we have made to National Security Working Group—all flexibility in which weapons we want date will go a long way toward helping of them took part in those briefings. to put into which modality, and the us to be able to address the threat of That was an obligation of this Con- verification provisions will signifi- rogue states. gress. This Congress was present dur- cantly deepen our understanding of Let me just say as unequivocally as I ing the briefings with the negotiators, Russian forces. It has been almost a know how that there is nothing in this this Congress was privy to those nego- full year now since the original START treaty—there is no way this treaty— tiations as they went along—some- treaty and its verification procedures there is no way the policies of this ad- thing a future Congress could not be expired. Every day since then, insight ministration—there is no way any lan- because the negotiations are over. That that treaty provided has been degrad- guage that is formal or binding be- underscores even more why this is the ing. tween our nations or any other lan- Congress that is the appropriate Con- New START does more than just re- guage, in fact, binds the United States gress to deal with this treaty. Roughly strain the weapons. It does more than or restrains us from pursuing missile 60 U.S. Senators, through those com- just provide verification. It actually defense. The answer with respect to mittees I named, were able to follow strengthens the relationship between any question on missile defense in this the negotiations in detail, and indi- the United States and Russia, and it treaty is, no, it unequivocally does not vidual Senators had additional oppor- enhances the global nonproliferation restrain America’s ability to develop tunities to meet with our negotiating regime we signed up to years and years and deploy missile defense. What is team, and a delegation of Senators ago during the Cold War. It will im- more, the evidence of that was very even traveled to Geneva in the fall of prove our efforts to constrain Iran and, clear in Lisbon just the other day 2009 to meet with the negotiators. I most important, to contain the loose where the President of the United might add that included Senator KYL, nuclear materials we all fear could one States, together with European coun- who has been one of the leading Sen- day fall into the hands of terrorists tries, publicly announced the procedure ators on the other side involved in our and, if not result in a nuclear explo- by which we are going forward to de- discussions on this treaty. In other sion, result in what we call a dirty ploy a missile defense in Europe in words, by the time the New START bomb explosion where nuclear material order to deal with the rogue threat treaty was formally submitted to the is, in fact, scattered for want of the problem. Senate in May, the 111th Congress was ability to create a nuclear weapon Let me be even more clear. With re- already steeped in this, deeply steeped itself but with grave consequences of spect to the question of any limitation in this. No other Senate can now rep- radioactive material doing enormous of missile defense, the Secretary of De- licate the input we had into these ne- injury to large populations as a result. fense, appointed by President George gotiations. Already in the 7 months since we W. Bush, says no, there is no limitation Over the next 6 months after the Sen- signed the New START, Russia has on missile defense; the Chairman of the ate treaty was submitted, the Senate shown greater dedication to this re- Joint Chiefs of Staff says no, there is became even more immersed in the newed relationship. They have sup- no limitation on missile defense; the treaty’s details through hearings, ported harsher sanctions against Iran. commander of our nuclear forces says briefings, documents, and hundreds They have suspended the sale of the S– no, no limitation on missile defense; upon hundreds of questions that were 300 air defense system to Tehran. the Director of the Missile Defense submitted to the administration. The original START agreement Agency says no, there is no limitation Something like 900 questions were sub- which was the bedrock of the Nunn- on missile defense. Again and again, mitted to the administration, and all Lugar Cooperative Threat Reduction senior military leaders have said un- of them have been answered in full. Program, a program whereby we are ambiguously that this treaty does not This Senate has done its homework currently reducing nuclear warheads limit our missile defense plans. So, in on the New START treaty, and it is with Russia and containing the nuclear my judgment and the judgment of most this Senate that has an obligation to material—one of the great contribu- people I know who reasonably approach complete the advice and consent on tions to nonproliferation of modern this treaty, there is no issue of missile that treaty. times—that is the most successful nondefense with respect to this treaty. The fact is, there are also very im- proliferation effort to date in which Now we are beginning to hear people portant security reasons for us not to any country has engaged. That would say that maybe we do not have time, in wait. Next Sunday, December 5, it will be threatened if this START agreement the context of the lameduck session, to have been 1 year since the original does not pass. It is strengthened if the deal with this question of American START treaty expired—a whole year START agreement does pass. leadership, this constitutional respon- without on-the-ground inspections in Without the START treaty, the New sibility that ought properly to be exe- Russia. Some people say it doesn’t START treaty—I think nobody ex- cuted by the Senate that has done all really make a difference whether it be presses concern greater than Senator of the work on this treaty. There is in a month or 2 months or whatever. I LUGAR. Senator LUGAR, a Republican that statement about lack of time, to have to tell you something: When it Senator, has shown enormous leader- some degree, a sort of question: Maybe comes to nuclear arsenals, every day ship on this issue for years and years there are a whole bunch of issues out matters. Without this treaty, we know

VerDate Mar 15 2010 03:48 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.014 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8216 CONGRESSIONAL RECORD — SENATE November 29, 2010 too little about the only arsenal in the ergy, and Director of Central Intel- this treaty has come from the military, world that has the potential to destroy ligence. which unanimously supports the trea- the United States. These men recently led the congres- ty. On June 16, I chaired a hearing on As James Clapper, the Director of sionally mandated Strategic Posture the U.S. nuclear posture, moderniza- National Intelligence, said—and he Commission. They both said we should tion of the nuclear weapons complex, does not come to us with an opinion approve the New START treaty. Dr. and our missile defense plans. that is clouded by politics; he doesn’t Schlesinger said it is—this is the quote GEN Kevin Chilton, commander of come to us as a Democrat or a Repub- of Dr. Schlesinger, who served a Repub- the U.S. Strategic Command, which is lican; he comes to us as a professional lican President—‘‘obligatory’’—that is responsible for overseeing our nuclear whose task it is to defend the security his word—‘‘obligatory for the United deterrence, explained why the military of our country and who has a lifetime States to ratify New START.’’ supports the New START. He said: career wearing the uniform of our Na- Dr. Perry told us this treaty ad- If we don’t get the treaty, A, the Russians tion, defending our country—he says of vances American security objectives, are not constrained in their development of ratifying New START, ‘‘I think the particularly with respect to nuclear force structure, and, B, we have no insight earlier, the sooner, the better.’’ proliferation and nuclear terrorism. On into what they are doing. So it is the worst One of our most solemn responsibil- May 18, the committee held a hearing of both possible worlds. ities is this responsibility of advice and with Secretary Clinton, Secretary Again, the commander of the U.S. consent. We have been through a tough Gates, and Admiral Mullen. Admiral Strategic Command says not ratifying political year. The American people, Mullen told us the New START treaty this treaty is the worst of both possible we all understand—Senators keep com- ‘‘has the full support of your uniformed worlds. And LTG Patrick O’Reilly, who ing to the floor and referring to the military.’’ heads the Missile Defense Agency, told anger. It is real. It is there. We know Secretary Gates made clear the trea- us the New START does not limit our the American people are angry. But ty will not constrain U.S. missile de- missile defense plans. they are angry because the business of fense efforts. He said: I have briefed the Russians, personally in the country does not seem to get done. From the very beginning of this process Moscow, on every aspect of our missile de- They are angry because they see a par- more than 40 years ago the Russians have fense development. I believe they understand tisan food fight, a political food fight hated missile defense. They do not want to what that is. And that these plans for development are not limited by this Treaty. taking place instead of the serious devote the resources to it and so they try business of our Nation. and stop us from doing it through political In other words, the Russians know I believe other countries are watch- means. This treaty does not accomplish that what we intend to do and they signed ing us to see whether we can fulfill our for them. the treaty, nonetheless. constitutional responsibilities. Just That is what Secretary Gates said. On July 14, the committee had a how well does this democracy we sell The next day, former Secretary of closed hearing on monitoring and veri- all over the world actually work? If we State Jim Baker, who helped negotiate fication of treaty compliance with sen- can’t make it work here at home and START I and helped negotiate START ior officials from the intelligence com- we can’t deliver now, what kind of a II, said that the New START ‘‘appears munity. Obviously, that was a highly message does it send about the power to take our country in a direction that classified briefing. But every Senator of the United States to leverage its val- can enhance our national security is welcome to go down to the Office of ues and its interests in the challenging while at the same time reducing the Senate Security and read the tran- world we face today? number of nuclear warheads on the script of that hearing, which I suspect Every Senator has an obligation to planet.’’ will stay there and not appear in ask that question of themselves over A week later, on May 25, Henry Kis- WikiLeaks. the course of these next days: Are we a singer recommended ratification of the If my colleagues want a public state- credible partner? Can other nations treaty. He also cautioned us that rejec- ment on verification, I would once rely on us? What happens when the tion of the treaty would, in his words, again cite what James Clapper, the Di- President of the United States nego- have an ‘‘unsettling impact’’ on the rector of National Intelligence, said tiates a treaty, and he comes back here international environment. last week about ratifying the New and the rest of the world sees that We also heard from two former Na- START treaty: treaty bogged down, not in the sub- tional Security Advisers; Stephen Had- I think the earlier, the sooner, the better. stance of the treaty but in the politics ley, who served under George W. Bush, You know the thing is, from an intelligence of the day? who told us the treaty is ‘‘a modest but perspective only— With this vote we can demonstrate nonetheless useful contribution to the This is General Clapper’s perspec- our resolve and our leadership, and we security of the United States and to tive— can demonstrate something about the international security’’; and Brent are we better off with it or without it? We’re quality of our democracy. I think the Scowcroft, who served under George better off with it. schedule of the Foreign Relations Com- H.W. Bush, said he supports the treaty The committee also heard testimony mittee shows good-faith efforts which and he told us the New START does from the directors of the Nation’s three we have applied to live up to the Sen- not restrict our missile defense plans. nuclear laboratories. As we all know, ate’s responsibility. He said the Russian unilateral state- much of the debate on the treaty has After the treaty was signed in April, ment was simply an issue of ‘‘domestic focused on the resources that are need- Senator LUGAR and I worked together politics for the Russians.’’ ed to sustain our nuclear deterrent and to set up a bipartisan review of the So we heard from some of the most modernize our nuclear weapons infra- treaty. Never once did Senator LUGAR eminent statesmen this country has structure, and it was important for our or I approach this in a partisan way. I produced, Republicans and Democrats, committee to hear from the respon- am grateful to Senator LUGAR for his with decades and decades of public sible officials directly. They praised exceptional leadership and his willing- service. They said we should approve the Obama administration’s budget re- ness to stand up to some of the cur- this treaty. In all, six former Secre- quest for this fiscal year. I suspect my rents of the day and act on the inter- taries of State, five former Secretaries colleague from North Dakota, in a few ests of the country as he sees them. of Defense, the Chair and Vice Chair of minutes, will have something to say Our primary consideration in the the 9/11 Commission, and numerous about that additional funding for the scheduling of witnesses before our com- other distinguished Americans have nuclear modernization program and mittee was not whether they would said it is important we approve New the plan of action that has been out- support or oppose the treaty, we looked START. lined. for expertise and we looked for experi- On July 14, seven former heads of the I will simply say, again and again, ence. On April 29, the committee heard U.S. Strategic Command and Strategic the administration has bent over back- from Bill Perry, former Secretary of Air Command sent the committee a ward to work in good faith openly and Defense, and Jim Schlesinger, former letter urging approval of the treaty. In- accountably with Senator KYL. I have Secretary of Defense, Secretary of En- deed, some of the strongest support for been part of those discussions all

VerDate Mar 15 2010 03:48 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.014 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8217 along. I think we have acted in good were raised in good faith. Frankly, it is With the Senate now back in session, faith to try to meet the needs—so important to have reciprocal good faith there are 33 days before the end of the much so that we put money into the in the workings of the Senate. Over the year. All of us would obviously not like continuing resolution a few months next 6 weeks, I encouraged Senators to to repeat what happened last year and ago, in order to show our good faith for contact Senator LUGAR and me with not be here right up until Christmas this effort to try to produce the mod- their comments on a draft resolution of Eve. But there is plenty of time in the ernization funding as we go forward. ratification. In discussions with Sen- next 3 weeks for debate. In all, the Foreign Relations Com- ator LUGAR, Senator CORKER, Senator Look at the record. The original mittee conducted 12 open and classified ISAKSON, I made it clear we welcomed START agreement was a far more dra- hearings, featuring more than 20 wit- and needed their input and, indeed, we matic treaty than the New START be- nesses. The Armed Services and Intel- got their input. cause its cuts were sharper and because ligence Committees held more than At the same time, the Armed Serv- the Soviet Union had just collapsed, eight hearings and classified briefings ices and Intelligence Committees were leaving tremendous uncertainty in its of their own. We did not stack the deck wrapping up their work on the treaty. wake. Yet the full Senate needed only with Democrats. In fact, most of the Senators LEVIN and MCCAIN each wrote 5 days of floor time before it approved former officials who testified were Re- to the Foreign Relations Committee that treaty, by a vote of 93 to 6, a far publicans. Even the executive branch with their views on the treaty, as did more complicated and far more provoc- witnesses included several holdovers Senators FEINSTEIN and BOND from the ative, if you will, treaty at that time. from the last administration—Sec- Intelligence Committee. The START II treaty took only 2 retary Gates, Admiral Mullen, General We received the answers to several days on the floor in the Senate before Chilton, Lieutenant General O’Reilly— outstanding questions Senators had it was approved by a vote of 87 to 4. all originally appointed to their posts posed to the administration. In all, So leave the precedent aside for a by President Bush. over the past 7 months, Senators for- moment. When it comes to protecting Overwhelmingly, these witnesses sup- mally submitted some 900 questions to our national security, the American ported timely ratification of the New the Obama administration, and they people expect us to make time. That is START treaty. As I have said, some of have received thorough responses to exactly what we are prepared to do. the strongest endorsements came from every one of them. We are prepared to work around the America’s military leaders. The com- By mid-September, our bipartisan clock. If time is the only concern, then bined wisdom of our current and work produced a resolution of ratifica- we have no concerns. Given the time former military and civilian leaders, tion we should all be able to support. that it took to consider past treaties, accumulated over decades in service, Our review process was not designed to it is clear we can do this. We are not not to political parties but in service cheerlead for the treaty. It was de- new to this business. We are not new to to the Nation as a whole, was clear: All signed to probe every aspect of the this treaty. We could get this done if of them said this treaty should be rati- treaty and to come up with a resolu- there is a will to do so. I know some fied. tion that provided the Senate’s input Senators still worry about the adminis- Over the summer, the committee also and protected the prerogatives of the tration’s plans with respect to mod- reviewed a number of important docu- Senate and, indeed, of individual Sen- ernization of the nuclear weapons comments, including a National Intel- ator’s points of views. That is what we plex. That is not directly within the ligence Estimate, assessing the U.S. ca- have done. At 28 pages, the resolution four corners of the treaty, but I under- pability to monitor compliance with of ratification—including 13 condi- stand their concern. So let’s review the the terms of the New START, a State tions, 3 understandings, 10 declara- work very quickly that has been done Department report assessing inter- tions—addresses every serious topic we there. national compliance with arms control have discussed over these months. If a The Obama administration proposed agreements, including Russia’s compli- Senator was worried about the treaty spending $80 billion over the next 10 ance with the original START, the and missile defense, then condition (5), years. That is a 15-percent increase State Department’s analysis of the understanding (1), and declarations (1) over the baseline budget, even after ac- New START’s verifiability, a classified and (2) addressed those issues. counting for inflation. It is much more summary of discussions during the If they were worried about mod- than was spent during the Bush admin- treaty negotiations on the issue of mis- ernization of our nuclear weapons com- istration’s 8 years. Still some Senators sile defense. plex and strategic delivery vehicles, have concerns. By the end of July, the Foreign Rela- then condition (9) and declaration (13) On September 15, the Vice President tions Committee had compiled an ex- addressed those concerns. assured our committee that the 10-year tensive record. We could have reported If they were worried about conven- plan would be updated and a revised the treaty out of committee then. We tional prompt global strike capabili- 2012 budget figure would be provided had the votes. I was prepared to move ties, then conditions (6) and (7), under- this fall. In the meantime, because I forward, but because some Republican standing (3) and declaration (3) ad- believed that the nuclear weapons pro- Senators knew we were prepared to dressed those. gram ought to be adequately funded, I move forward, they came and asked for Worried about tactical nuclear weap- worked with other colleagues—with more time to review the treaty and to ons? Well, that is in there. Verifying the leader and Senators DORGAN and look at the testimony and the docu- Russian compliance? It is in there. INOUYE—to guarantee that an anomaly ments we had gathered. Even the concern that was raised about in the continuing resolution that we So, in August, in direct response to rail-mobile missiles was fully ad- passed in October provided an addi- this Republican request, I made a deci- dressed in the resolution of ratifica- tional $100 million for the past 2 sion as chairman to postpone for 6 tion. months. It ensured that we would get weeks, over the course of the August In short, the resolution is the prod- the updated figures from the adminis- recess, until after that so Members uct of careful, bipartisan deliberation tration. The administration has now would have more time to review the and collaboration intended to address provided those figures. It is asking for record, as the Republicans requested. each of the concerns that was raised. an additional $5 billion over the next 10 Frankly, the treaty, I have said again That does not mean the resolution is years. and again, is too important to get perfect. It does not mean it could not I remind colleagues that according to caught up in partisan politics, so I possibly be further improved. But in the resolution of ratification, if any of thought it was very important not to the past weeks, I have been reaching this funding does not materialize in fu- allow anybody to say we were rushing out to colleagues to get additional ture years, the President will be re- it. ideas. I will be happy to consider any quired to report to Congress as to how We gave that additional time, even germane amendment that colleagues he is going to address the shortfall. But though we had the votes. We came might propose. But the only way to do if the Senate does not now approve the back afterwards and we dealt with each that is by having the floor debate on ratification of the New START, it will and every one of the concerns that this treaty. become increasingly difficult without

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It is manders around the world, stand sol- want to have to see that one works be- better to have fewer nuclear weapons idly behind this new treaty. cause it seems to me the explosion of a aimed at the United States. It is better That is from the Chairman of Joint nuclear weapon in a major city will to have the right to inspect Russian fa- Chiefs of Staff. change everything in the future. But, cilities. It is better to have Russia as This is General Chilton, commander nonetheless, we have a certification an ally in our efforts to contain Iran of the Strategic Command that is in program. We spend a great deal of and North Korea and in order to deal charge of our nuclear weapons. He money modernizing and keeping up to with the global proliferation challenge. says: date with lifetime extension programs, Our military thinks it is better to have The United States strategic command was the existing stock of nuclear weapons. these things. If any of my colleagues closely consulted throughout the develop- I chair the appropriations sub- disagree, let them make their case to ment of the nuclear posture review and dur- committee that funds the nuclear the full Senate. That is the way it is ing negotiations on the new strategic arms weapons stockpile among other things. supposed to work around here. Let reduction treaty. . . . The Appropriations Committee consid- What we negotiated is absolutely accept- them make their case to the American able to the United States strategic command ered a request from the President this people. If the American people said for what we need to do to provide a deterrent year for $7 billion for these weapons anything in this election year, it is for the country. programs. In my subcommittee, which that Congress needs to get down to the This chart pictures former nuclear does a lot of things—energy and water real business of our Nation. If the na- commanders who support this treaty: programs and nuclear weapons—almost tional security of our Nation is not the Generals Davis, Welch, Chain, and But- everything else was either flatlined or real business, I don’t know what is. ler, Admiral Chiles, General Habiger, reduced. But nuclear weapons was in- They have asked us to protect Amer- Admiral Ellis. I have worked with creased substantially. The $7 billion ican interests. By ratifying this treaty, many of these folks, and they are very the President requested was a 10-per- we will do so. respected. All of them believe this cent increase over the previous year. I yield the floor. treaty is the right thing for this coun- Some of my colleagues have said that The ACTING PRESIDENT pro tem- try and its security. leaves us way short of what we need. pore. The Senator from North Dakota. Dr. Henry Kissinger says: That $7 billion was put into the con- Mr. DORGAN. Mr. President, I thank tinuing resolution in November. There the Senator from Massachusetts. Sen- It should be noted I come from the hawkish side of this debate so I’m not here wasn’t much discussion of that. So ator KERRY, as chairman of the com- advocating these measures in the abstract. I while virtually all other functions of mittee, has done an extraordinary job. try to build them into my perception of the government will continue to function I also mention Senator LUGAR and oth- national interest. I recommend ratification at last year’s appropriations level, the ers who have worked very hard on the of this treaty. nuclear NNSA, nuclear weapons func- issue of the ratification of the START This chart shows America’s most tion, will be able to spend at the new treaty. I was a member of the Senate prominent national security experts funding level of $7 billion, up 10 percent National Security Working Group, and who support this New START treaty, from the previous year. the Administration kept us informed Republicans and Democrats, the most Let me also describe what has hap- all along the way during the negotia- significant thinkers about foreign pol- pened with respect to fiscal years 2011 tions with the Russians. We had meet- icy in this country today. They say to 2015. The President’s budget plan for ings in various locations and were they support this treaty and what it those years provided $5.4 billion above briefed by the negotiators who de- means to the country. the previous plan. So this President scribed to us what the negotiations Some have said there is not enough has proposed generous appropriations were about, what the progress was, and funding for our modernization program to make certain that modernization so on. Some of my colleagues from this for existing nuclear weapons or for the and the life extension programs of ex- Chamber who were a part of that Na- lifetime extension program for existing isting nuclear weapons is funded well. I tional Security Working Group came nuclear weapons, and that would be a mentioned it went to $7 billion. to the meetings. We all had an oppor- problem. They are wrong about that. Now, in November, the President tunity to ask a lot of questions. It is Let me describe what Linton Brooks, sent a report to Congress which re- not as if someone just dropped on the the former NNSA administrator in ported that he plans to request $7.6 bil- Senate some package called the charge of these areas, nuclear weapons lion for the year 2012. That is a $600 START treaty. We have been a part of and the modernization and the lifetime million increase over 2011 which was a that all along and have been a part of extension programs, says, someone who $600 million increase over 2010. Overall, having discussions and descriptions of served under the Bush administration the request in this new report is a $4.1 the work of this treaty for some long in that role: billion increase over the baseline dur- while. As I understand it, it is a good idea on its ing 2012 to 2016. So then we will be I wish to go through a couple of own merits, but I think for those who think spending $85 billion in the 10-year pe- things today. First, some colleagues it is only a good idea if you only have a riod, $85 billion on modernization of have decided we should not proceed strong weapons program, this budget ought our current nuclear stockpile and the with the ratification of this new arms to take care of that. Coupled with the out- life extension program in our current reduction treaty that we have nego- year projections, it takes care of the con- nuclear stockpile, and even that is not tiated with the Russians. Some have cerns about the complex and it does very enough. We are told that is not nearly alleged that there are all kinds of dif- good things about the stockpile. And it should keep the labs healthy. enough money. ficulties with it. They say it would How much is enough? If we can cer- limit our ability to produce and deploy Then he said: tify the stockpile works and the stock- an antiballistic missile. That is not the I would have killed for this budget. pile provides a deterrent, how much is case. It is not accurate. They are sug- This is from the man who headed enough? This President has robustly gesting that our modernization pro- NNSA during the Bush administration. funded the requests that were needed. gram of existing nuclear weapons or Let me go through the issue of spend- Now we are told not nearly enough the lifetime extension programs for ex- ing because one of the principal con- money has been appropriated. isting nuclear weapons is not funded cerns has been we are not spending By the way, those who are saying sufficiently, and that is not the case. enough money on the existing nuclear this are saying we need to substan- They indicate it would not meet our weapons stockpile. There are roughly tially cut Federal spending and reduce

VerDate Mar 15 2010 03:48 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.019 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8219 the Federal budget deficit. Very inter- ability to stop the spread of nuclear I do hope my colleagues—and, by the esting. weapons and to reduce the number of way, I do not suggest they are oper- Let me relate, as I have in the past, nuclear weapons on the face of this ating in bad faith at all. But some of something that happened over 9 years Earth, then whose responsibility is it? my colleagues have insisted—insisted— ago to describe the importance of this It is clearly our responsibility to shoul- there is not enough funding. It is just subject. On 9/11/2001, this country was der that leadership. One important ele- not the case. The demonstration is attacked. One month later, October 11, ment of that is when we negotiate clear. It is the one area that has had 2001, there was a report by a CIA agent these kinds of treaties, arms reduction consistent, robust increases in funding, code named Dragonfire. One of our treaties, that virtually everyone—Re- requested by this President, and com- agents had a report that said there was publicans and Democrats who know plied with by this Congress, and now a nuclear weapon smuggled into New anything at all about national security even advance funding through the con- York, a 10-kiloton Russian nuclear and about arms reduction agree- tinuing resolution. It seems to me it is weapon stolen and smuggled into New ments—has said makes sense for our time to take yes for an answer on the York by terrorists to be detonated. country, when we do that, it seems to question of funding, and let’s move That was 1 month to the day after 9/11. me we ought not have the same old ahead and debate this treaty and do That report from the CIA agent caused thing on the floor of the Senate, and what this country has a responsibility apoplexy among the entire national se- this ought not be a part of gridlock. to do: ratify this treaty, and do it soon. curity community. It was not public at This is a negotiation between our Mr. President, I yield the floor. country and Russia with respect to re- that point. It was not made public. f After about a month, they decided ducing delivery vehicles and reducing that it was perhaps not a credible piece nuclear weapons. The National Secu- CONCLUSION OF MORNING of intelligence. But when they did the rity Working Group, of which I was a BUSINESS post mortem, they discovered that member—and a number of my col- The ACTING PRESIDENT pro tem- clearly someone could have stolen a leagues were members—met in this pore. Morning business is closed. Capitol Building, and we were briefed Russian nuclear weapon, perhaps a 10- f and briefed and briefed again by those kiloton weapon, and could have smug- FDA FOOD SAFETY gled it into New York City. A terrorist who were negotiating this treaty. This is not a surprise. There is nothing sur- MODERNIZATION ACT group could have detonated it, and a prising here. In my judgment, this Sen- couple hundred thousand people could The ACTING PRESIDENT pro tem- ate should, in this month, do what is have perished—one stolen nuclear pore. Under the previous order, the necessary to have the debate and ratify weapon. There are 25,000 of them on the Senate will resume consideration of S. this treaty. 510, which the clerk will report. planet—25,000. Again, let my say, this President The question is, Do these agreements The assistant legislative clerk read sent to the Congress a budget request matter? Do they make a difference? Of as follows: that had ample and robust funding, A bill (S. 510) to amend the Federal Food, course, they do. The fact is, nuclear with a 10-percent increase for mod- arms agreements have made a very big Drug, and Cosmetic Act with respect to the ernization and life extension programs safety of the food supply. difference. for our nuclear weapons. I know that I have had in the drawer of my desk Pending: because I chaired the committee that for a long period a couple of things I Reid (for Harkin) amendment No. 4715, in put in the money at the President’s re- the nature of a substitute. would like unanimous consent to show. quest. The ACTING PRESIDENT pro tem- Then, because of those who believed The ACTING PRESIDENT pro tempore. Without objection, it is so or- you had to have the extra money for pore. The Senator from Nebraska. dered. the nuclear weapons program, that Mr. JOHANNS. Mr. President, I do Mr. DORGAN. This is a piece of money was put in a continuing resolu- not see Senator BAUCUS in the Cham- metal from a Soviet Backfire bomber. tion so that program goes ahead with a ber, so I will go ahead and get started. We didn’t shoot this bomber down. It 10-percent increase, while the rest of My understanding is we will be going was sawed off. They sawed the wings the Federal Government goes on at last back and forth. So I will finish my off this bomber. They did it because we year’s level. I did not object to that. opening remarks, and then if he arrives paid for it under the Nunn-Lugar But I do object when they say there is I will yield to him. agreement in which we have actually not ample funding here—a 10-percent In just a few hours Senators are reduced nuclear weapons, both delivery increase this year, a 10-percent in- going to have a distinct choice. Two vehicles and nuclear weapons. crease next year. Testimony by every- amendments will be offered to repeal So I have in my desk a piece of a So- one who knows about these weapons what I think we have all come to re- viet bomber that had its wings sheared programs, the cost of them and the ef- gard as a very nonsensical tax paper- off because of a US-Russian agreement, fectiveness of these treaties, ought to work mandate that was included in the and that delivery system is gone. I be demonstration enough for us to do health care reform bill. have a hinge that was on a silo in our job and to do our job right. There is broad agreement the 1099 re- Ukraine for a missile that had on it a We have a lot of important issues in peal is necessary to remove Federal nuclear weapon aimed at this country. front of us. I understand that. But all roadblocks to job creation. But today Well, that missile is now gone. I have of these issues will pale by comparison we have a choice on the two amend- the hinge in my hand. That missile if we do not find a way to get our arms ments. Today’s choice comes down to that held a nuclear warhead aimed at around this question of stopping the what I regard as a very straightforward America is gone. In its place on that spread of nuclear weapons and reducing choice, a choice relative to fiscal re- field are sunflowers—sunflowers—not the number of nuclear weapons. If one, sponsibility, and it is illustrated by the missiles. God forbid—one—nuclear weapon is ex- chart I have in the Chamber. I have in this desk as well some cop- ploded in a city on this planet, life on My amendment fully offsets the cost per wire that was ground up from a So- this planet will change. of the 1099 repeal. The alternative Bau- viet submarine that was dismantled as So the question of whether we as- cus amendment piles $19 billion of debt a result of a US-Russian arms control sume the responsibility of leadership— onto the backs of future generations. agreement. These agreements work. We whether we are willing to assume that The irony of this is just unmistakable. know they work. We have reduced the responsibility—will determine in large On one hand, we have a provision in number of delivery vehicles; yes, sub- part, it seems to me, about our future the health care law that we have all marines, bombers, missiles. We have and about whether we will have a world come to regard as crazy, foolishness. reduced the number of nuclear weap- in which we systematically and con- Even the President has said it does not ons. This agreement will further reduce sistently reduce the number of nuclear make any sense—or words to that ef- the number of nuclear weapons. weapons and therefore reduce the fect. Now, if it is not the responsibility of threat of nuclear weapons in the fu- On one hand, to repeal it, we are add- our country to begin addressing the ture. ing to the debt of future generations.

VerDate Mar 15 2010 03:48 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.019 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8220 CONGRESSIONAL RECORD — SENATE November 29, 2010 On the other hand, my amendment vote for the fully offset Johanns Every hour I spent filling out govern- fully offsets that cost. amendment. It will be a vote to protect ment-mandated paperwork was an hour Americans have sounded an alarm re- our job creators. It will be a bipartisan I could not spend selling shoes. Govern- garding Washington’s out-of-control vote because we have all come to agree ment mandates such as the new 1099 re- spending. They demand we address that this 1099 provision does not make quirement have a real cost, and it is what is a huge $14 trillion debt. They any sense. And, most importantly, small businesses that will end up hav- look at their Federal Government in when we talk to our constituents about ing to pay them. disbelief when they see Washington how we did this, we will be able to This new 1099 reporting requirement continuing to spend money we simply clearly tell them we paid for it, we is just one of many things in the new do not have. took care of the cost of repealing the health care reform law that need to be Yet the alternative amendment pro- 1099 amendment with offsets that were reexamined immediately. Our small poses to do more of the same. It does a compromise to try to get this done businesses need to be focused on cre- not have a single offset. It simply and get this behind us. ating jobs and helping our economy re- passes the buck, and in this case it Several of my colleagues also want to cover, not spending countless hours on passes the buck to our children and speak on this issue, so I am going to new government paperwork burdens. grandchildren. yield 5 minutes of my time to Senator We all would do well to remember the Now, both amendments, as you can ENZI, followed by 5 minutes to Senator claims of the sponsors of the health see from the chart, repeal the 1099 re- THUNE, 5 minutes to Senator BROWN, care reform law who said this new law quirement. But in the case of the and 5 minutes to Senator HUTCHISON. would actually reduce the Federal def- Johanns amendment, it repeals the 1099 So I yield to Senator ENZI. icit. Most Americans didn’t believe requirement without adding a single The ACTING PRESIDENT pro tem- those claims when they were made, and penny to our deficit or to the cost of pore. The Senator from Wyoming. today they are seeing the first evidence the health care bill. Mr. ENZI. Mr. President, I rise today of their falsity. It also has taken care of the issue of to speak about the Johanns amend- Today, when confronted with the na- the controversial offsets. As my col- ment that would repeal a provision in tionwide opposition to this ill-con- leagues remember, I listened in Sep- the health care reform law that, if not ceived expanded information reporting tember when many came up to me and repealed today, will impose significant policy, one of the leading proponents of said: Look, I am with you on repealing burdens on small businesses across this the new health care law in the Senate this 1099 provision. My small busi- country. is offering an amendment that will nesses are asking me to get it repealed. Repealing this provision has the sup- eliminate it, but it eliminates the reve- But I just cannot go along with your port of many of my colleagues on both nues it produces. More importantly, his offsets. Well, my new 1099 amendment sides of the aisle. Even the President amendment makes no attempt to pay uses unspent and unobligated funds has commented that this provision is for the lost revenues. That means his from Federal accounts to fully pay for onerous on small businesses and war- amendment will further increase the the repeal. rants immediate adjustment. Federal deficit. At the end of every year, there is Starting in 2012, the new health care While this may be the first time we money left in the accounts of Federal law will require that all businesses pur- see this, it certainly will not be the agencies that is not obligated. As chasing $600 or more in property or last. The funding for the entire health someone who was a Cabinet official in services from another entity, including care law was built on a fiction of cost a previous life, I can tell you that oc- corporations, must provide the vendor estimates and actuarial assumptions. curs. My amendment boils down to and the Internal Revenue Service with As each of these provisions confronts using about 5 percent of these funds—5 a tax information return. This new the harsh reality of the light of day, we percent. government mandate will impose sig- will see more and more of these provi- Additionally, the amendment I am nificant burdens on both small and sions undone in the coming years. offering gives the Office of Manage- large businesses, and taxpayers’ costs When millions of seniors across the ment and Budget the ability to decide will increase as a result of accumu- country lose existing Medicare benefits what programs to pull funds from and lating the information and preparing and face escalating out-of-pocket costs, in what amounts. This approach is far the tax forms necessary to comply with there will be an urgent push to restore better than an across-the-board cut, this expanded mandate. these benefits. When hospitals, nursing and it allows important programs to Imagine if you are a freelance writer homes, and home health agencies begin continue to be funded. and you buy a new laptop. Well, now to close their doors because Medicare Some are probably going to argue: you have to send form 1099 to Apple payment rates cause them to operate Whoa, this is historic. This has never and to the IRS or be labeled a tax at a loss, Congress will move to undo been done before. But I want to assure cheat. Oh, and you will need the Apple those cuts, at a cost to the deficit. my colleagues, it has been done repeat- taxpayer identification number too, so When the new insurance benefits are edly. do not forget to ask the salesman for slashed as a result of formula gim- If my colleagues choose the alter- that. micks that will force automatic reduc- native amendment in a few hours, then This new reporting requirement hits tions in benefits, I suspect many of the the public demand for fiscal responsi- small businesses hardest because they supporters of the new law will argue bility will have fallen on deaf ears. In typically do not have in-house account- for the urgent necessity of delaying September, when the Senate first voted ing departments and have to hire out- these cuts. down my 1099 amendment, the concern side help. Every penny a small business We can make a statement right now was about the source of the offsets. It spends on these services is money they to America’s small businesses that we was the health care bill, and many said cannot spend on hiring new workers want them creating more jobs, hiring to me: Look, I am with you, but I can- and expanding their business. Every new employees, and growing their busi- not go along with these offsets. So we hour a small business owner spends fill- nesses—not worrying about what Wash- changed them. But back then, no one— ing out these new tax forms is time he ington will require of them next. Let’s no one—argued that we simply did not or she is not making a sale, manufac- tell our small business men and women need to pay for the repeal. No one ar- turing a product, or working with a that we stand behind them, not on top gued that. Yet today the Baucus alter- customer. of their backs, and let’s repeal this new native amendment proposes no pay- I understand the challenges this can tax paperwork burden in a fiscally re- fors, adding $19 billion to the national create for small business. Before I sponsible way. debt, without a dime of budgetary off- came to the Senate, my wife and I Mr. President, I yield the floor and sets. owned shoe stores in Wyoming. When reserve the remainder of the time. So after all the hoopla about pay as you own a small business, you have to The ACTING PRESIDENT pro tem- you go, there is not a single budgetary be the CEO, the bookkeeper, the sales- pore. The Senator from Montana. offset to cover the cost of this amend- man, and the person who cleans the Mr. BAUCUS. Mr. President, at 6:30 ment. So I urge all of my colleagues to bathroom. this evening, the Senate will vote on

VerDate Mar 15 2010 03:48 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.020 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8221 the motion to invoke cloture on the Montana that have told me this. I dare- ity to determine the source of this substitute amendment to the food safe- say most of the Members of this body funding, and that would abdicate con- ty bill. Under a previous order, once hear the same things I hear as they gressional responsibility over the budg- cloture is invoked, there was to be up travel. I have listened to small busi- et. to 60 minutes of debate on competing nesses. I have heard them. I am re- The Joint Tax Committee estimates motions to suspend rule XXII offered sponding to small businesses by offer- that my amendment would cost about by Senator JOHANNS and myself. I un- ing this amendment. My amendment $19 billion. That is a little less than the derstand that the two leaders intend to would fully repeal the new reporting tax part of the Johanns amendment. propound an agreement that would pro- requirements—fully. But my amendment does not include vide for the Senate to vote on our two My amendment also responds to the an offset. These days, finding a $19 bil- motions immediately after the cloture concerns of owners of rental property. lion offset that can get 67 votes is pret- vote this evening. So Senators should Some of these owners were concerned ty close to impossible. We have spent be on notice that there may be three about their ability to comply with new much of this year haggling over one back-to-back votes beginning at 6:30. rental expense information reporting offset or another. My amendment tries The Senator from Nebraska and I rules included in the small business to avoid that. share a common goal. We both want to bill which Congress enacted just this We are talking about a paperwork re- repeal some IRS reporting require- last September. My amendment would quirement that has not yet even taken ments scheduled to take effect in the scale back those rules. My amendment effect and, in fact, will not take effect, year 2012. Each of our two motions would apply the same rules to rental if not repealed, until the year 2012. would allow consideration of an amend- expense reporting as would apply to all Let’s just repeal this reporting requirement to prevent the expansion of those businesses. ment. Let’s just get it done. Let’s just IRS reporting rules. Thus, each of our Now let me turn to the differences repeal it lock, stock, and barrel. Let’s two amendments would help small between my amendment and the just get it done and not do all of these businesses across America. How? By re- Johanns amendment. extra, other things which really are pealing these burdensome paperwork First, my amendment includes an- not good policy. requirements. other feature that would further reduce The IRS has used form 1099 for dec- But there are two big differences be- the paperwork burdens on small busi- ades to better track income, but the tween our two amendments. First, my nesses. My amendment would grant the new reporting rules just went too far. alternative is especially friendly to Secretary of the Treasury the author- The time that it spends for small busi- small businesses. It takes extra meas- ity to issue regulations to avoid dupli- nesses to comply with the new rules far ures to permit the IRS to waive certain cative reporting. The Treasury has exceeds any benefit. duplicative reporting requirements issued guidance under similar author- Especially in these tough economic that small businesses now must experi- ity to allow small businesses that use times, now is not the time to put addi- ence; that is, the small businesses that credit cards to forgo reporting expenses tional stress on small businesses to use credit cards to pay their bills. My they pay with their credit cards. Under meet complicated government rules. alternative goes further and gives more this new guidance, to the extent small Rather, now is the time to eliminate relief to small businesses. Second, our businesses use their credit cards to pay this paperwork burden. Small busi- two versions differ as far as paying for service vendors, they would actually nesses are the backbone of the Amer- the change. The alternative offered by have even less compliance burden than ican economy. That is especially true my colleague from Nebraska would they did under the old law; that is, be- in Montana. In Montana, a greater give the unelected Director of OMB un- fore the new requirement. share of workers work in small busi- precedented authority to slash spend- The competing amendment offered nesses than in any other State in the ing all on his own. The Johanns alter- by my colleague from Nebraska would country—a greater proportion than in native would thus abdicate Congress’s repeal the Treasury’s authority to any other State in the country. Busi- responsibility over the budget. For make rules to avoid duplicative report- ness owners need to focus their efforts these reasons, I urge my colleagues to ing. It would repeal it. Doing so would on growing their businesses and cre- oppose the Johanns amendment and thus risk placing undue and unneces- ating jobs, not filling out paperwork. support my alternative. sary paperwork burdens on small busi- Small businesses in Montana and First, let me talk about what we nesses that use credit cards to pay across America want to comply with have in common. Each of our two their bills. tax laws, but these new rules stretch amendments is designed to get rid of a So my alternative is especially their ability to do that. It just went set of rules that requires reporting to friendly to small businesses. It takes too far. I urge my colleagues to support the IRS. Many have referred to these extra measures to permit the IRS to their full repeal. But let’s not hand rules as the ‘‘1099 provision.’’ That is waive duplicative reporting, especially over a blank check to the OMB Direc- because these new rules would require those requirements for small busi- tor to slash $39 billion wherever he filing more IRS forms numbered 1099. nesses that use credit cards. wants. That part of the Johanns These rules would impose new paper- The second main difference between amendment also goes too far. So I urge work burdens and costs on small busi- our two amendments is the offset in my colleagues to help small businesses. nesses, and these burdens would fall on the Johanns amendment—and this is a I urge my colleagues to avoid sweeping small businesses just as they are strug- big one. The Joint Tax Committee esti- delegations of power to an unelected gling to emerge from the great reces- mates that the tax law changes in the OMB Director. Thus, I urge my col- sion. The new rules expand existing in- Johanns amendment would cost about leagues to oppose the Johanns amend- formation reporting to the IRS to in- $22 billion. ment and support the Baucus amend- clude payments that businesses make The Johanns amendment also in- ment when it comes up for a vote this to corporations and payments they cludes a cut of $39 billion in appro- evening. make for goods and property. priated funds, to be determined by the Mr. President, I have a unanimous As I travel around my home State of Office of Management and Budget. The consent request which I understand has Montana, I listen to small business Johanns amendment cuts about twice been cleared on both sides. owners such as Darrell Keck. Darrell what it needs to do to pay for the re- I ask unanimous consent that the owns the Dixie Inn in Shelby, MT. Dar- peal of the reporting requirements. As agreement with respect to S. 510 be rell and his wife Jeanne run a tight a matter of dollars and cents, the modified as follows: ship. They are hard working. They pay Johanns amendment is mostly about That after the cloture vote at 6:30 their taxes. Darrell told me that he and cutting appropriated spending. That is p.m. today, and if cloture is invoked, his wife just do not have the manpower what it really is. So it is not about re- then all debate time with respect to or the software to make the new repealing the reporting requirement. To the Johanns and Baucus motions be porting rules work. And Darrell and his make these spending cuts, the Johanns considered expired; Senator JOHANNS wife Jeanne run just one business of amendment would give the unelected be recognized to offer his motion to the many mom-and-pop businesses in Director of OMB unprecedented author- suspend; that once the motion has been

VerDate Mar 15 2010 03:48 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.022 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8222 CONGRESSIONAL RECORD — SENATE November 29, 2010 made, Senator BAUCUS then be recog- sponsor of the Johanns amendment No. a commonsense way. Of course, it nized to offer his motion to suspend; 4702 to S. 510, the Food Safety Mod- excepts the Department of Defense and that once made, the Senate then pro- ernization Act. Department of Veterans Affairs, which ceed to vote with respect to the The ACTING PRESIDENT pro tem- will protect our national security in- Johanns amendment to suspend; that pore. Without objection, it is so or- terests and those who have served our upon disposition of that motion, the dered. country. I believe the rescissions he Senate then proceed to vote with re- Mr. THUNE. Mr. President, I com- calls for in unspent Federal funds are a spect to the Baucus motion to suspend; pliment the Senator from Nebraska for good way to make sure this doesn’t add that upon disposition of those two mo- his leadership on this issue. He has to our debt. This amendment perfectly tions, Senator COBURN then be recog- done a great job advocating on behalf captures that belief, and I think it is a nized as provided for under the order of of small businesses, farmers, ranchers, belief that is shared by many of my November 18 and 19; that all debate and all the people to be impacted by colleagues in the Senate and by citi- time with respect to the Coburn mo- this onerous provision in the health zens across this country. tion be utilized during today’s session; care bill. We need to be focused on bringing that at 9 a.m. Tuesday, November 30, I fear this is something we are going down our debt, and we will start doing after the prayer and the pledge and any to be doing and repeating quite fre- that by eliminating government spend- leader time, the Senate then resume quently in the years ahead as more ing, not putting new, burdensome re- consideration of S. 510 with 2 minutes Americans find out what is in the quirements on businesses and charities. of debate, equally divided and con- Democrats’ health care bill. This is Unfortunately, there were numerous trolled between Senators COBURN and egregious because it requires various other provisions in the health care bill INOUYE, prior to the vote in relation to entities to send suppliers 1099 forms if and other bills in the past 2 years the Coburn motion regarding ear- they engage in business-to-business which shifted the burden onto small marks, No. 4697; that upon disposition transactions totaling more than $600 in businesses and employers. We will have of that motion, there be 2 minutes of a single year. to revisit each of those to ensure they debate equally divided and controlled While I believe everyone ought to pay don’t slow economic growth and job in the usual form; that the Senate then their fair share of taxes, I am con- creation, which is what the people proceed to vote with respect to the cerned that the burden of compliance want us to be focused on now. Coburn motion regarding the sub- falls not on the tax delinquents but in- I hope we can take this first step and stitute amendment No. 4696; further, stead on the countless businesses, support the Senator from Nebraska on that any other provisions of the pre- churches, local governments, and non- his amendment, which addresses this vious order remain in effect; provided profits that pay their taxes on time critical issue, this egregious provision further that prior to passage of the and in full or may not even have a tax that puts a costly burden on small bill, the Budget Committee pay-go liability. businesses, and do it in a way that is statement be read into the record; fur- This means these entities will have fiscally responsible and doesn’t add to ther, that after the first vote today and less time to fulfill their core missions, the debt and burden future generations tomorrow, the succeeding votes be lim- whether that is building products, ad- with more debt. ited to 10 minutes each; and that prior ministering to the poor, helping stu- I think the Senator from Nebraska to the succeeding votes tonight, there dents learn or building local infrastruc- came up with a great solution. I hope be 2 minutes equally divided and con- ture. Instead, they are going to be fill- colleagues on both sides of the aisle— trolled in the usual form. ing out form after form to become Republicans and Democrats—who have The ACTING PRESIDENT pro tem- compliant with this measure. heard, as I have, from their constitu- pore. Is there objection? Because of the heavy compliance ents will take this very commonsense Mr. INHOFE. Reserving the right to costs associated with this measure, its amendment and pass it with a big mar- object. repeal is supported by a wide variety of gin. Let’s get this particular provision The ACTING PRESIDENT pro tem- business organizations and agricultural in the health care bill repealed and the pore. The Senator from Oklahoma. organizations across the country, in- Mr. INHOFE. Mr. President, it is my negative impact it would have on eco- cluding the Chamber of Commerce, Na- intention that I be heard tonight con- nomic growth and job creation in this tional Federation of Independent Busi- cerning some of the amendments to be country. ness, and the American Farm Bureau, With that, I withhold the remainder voted on tomorrow. It is my under- to name a few. of my time. standing further that Senator ENZI It is not just national organizations The ACTING PRESIDENT pro tem- from Wyoming has the time between that I have heard from. In numerous pore. The Senator from Hawaii is rec- 5:30 and 6 o’clock. I request that I be constituent meetings across South Da- ognized. recognized for 15 minutes during that kota, I have heard from the citizens of Mr. INOUYE. Mr. President, the timeframe. South Dakota, whether they be farm- amendment offered today by Senator Mr. BAUCUS. Reserving the right to ers, ranchers, small businesses, CPAs, JOHANNS proposes to rescind unobli- object, Mr. President, may I further and others, about the effect this meas- gated balances of appropriated funds amend that request to provide that ure would have on them, their busi- that are designated for specific pur- after the swearing in of Senator-elect nesses, and their employees. poses in various appropriations bills KIRK, the time be equally divided until While this requirement is not set to previously enacted by Congress. The 6:30 p.m. this evening, and that the take effect until next year, I believe it Senator offers these rescissions in Senator from Oklahoma be recognized is important we act now to give these order to offset the loss of revenues re- to speak for 15 minutes, and the time types of entities certainty that they sulting from his amendment. to be divided between the two leaders will not have to take steps to comply Much like similar amendments of- or their designees. The ACTING PRESIDENT pro tem- with this measure. fered in the past, this amendment sim- I add that our government now has a pore. Is there objection? ply provides for a generic rescission of Mr. INHOFE. What time will that be debt that is approaching $14 trillion, funds, with the authority and decision- approximately, right after the vote or and we need to do everything we can to making for which programs are im- before? make sure that debt does not increase. pacted delegated entirely to the execu- Mr. BAUCUS. Before. It is a debt that we continue to pile on tive branch. Mr. INHOFE. Before. No objection. more and more and hand to the next Consideration of this amendment is The ACTING PRESIDENT pro tem- generation of Americans. the first of two attempts this evening pore. Without objection, it is so or- Because of that concern, I am pleased to shift the power of and responsibility dered. this amendment is fully offset by re- for the Nation’s purse strings from the The Senator from South Dakota is scinding unspent Federal funds. The legislative branch to the executive recognized. Senator from Nebraska came up with a branch. Mr. THUNE. Mr. President, I ask way, through rescinding unspent Fed- Rescinding funds in this manner, unanimous consent to be added as a co- eral funds, to offset this amendment in should this amendment be adopted,

VerDate Mar 15 2010 05:14 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.023 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8223 may be politically expedient because it Cyber security investments to secure want to cut funds and hamper those simply cites a dollar figure, but it is Federal information systems. critical programs, then we need to stop also reckless and irresponsible, and Funds to procure and install TSA ad- hiding behind generic rescissions. hides the accountability for future ac- vanced imaging technology and other For all these reasons, I urge my col- tions when legitimate programs are explosive detection systems. leagues to vote against the Johanns shut down. Funds to build border patrol stations amendment. Mr. President, we should make no in Texas, Arizona, California and Wash- I yield the floor. mistake about it, an across the board ington. The ACTING PRESIDENT pro tem- cut is the legislative equivalent of per- Funds to build schools and hospitals pore. The Senator from Nebraska. forming surgery with a meat cleaver, under the Bureau of Indian Affairs and Mr. JOHANNS. Mr. President, may I and Senators would be right to reject Indian Health Services. inquire how much time we have on this the amendment for this reason alone. The $500 million in non-emergency side? I can assure my colleagues that if unobligated fire suppression funds re- The ACTING PRESIDENT pro tem- this amendment passes, the impact will maining in the Forest Service and Inte- pore. Thirteen minutes. be felt throughout this country, and rior Wildland Fire accounts is the min- Mr. JOHANNS. Mr. President, let me the arbitrary nature of the cuts will imum needed to make sure there are address some of the arguments that only intensify the pain. enough funds available in case the fire have been raised. Why do I know this? Because for the season turns out to be worse than fore- First of all, on this issue of the Bau- past several months Senator COCHRAN cast. cus amendment simply doing more and I have instructed our staffs to Section 8 tenant-based and Section 8 than the Johanns amendment or that scrub the books of every single Federal project-based rental assistance. These it is especially friendly, here is what I agency in order to fund Pell Grants, programs receive advanced appropria- would tell you. We checked into that while at the same time maintaining tions to run through the end of the cal- and we have an e-mail from the Chief the discretionary spending level for fis- endar year. If these funds were re- of Staff of the Joint Committee on cal year 2011 proposed by Senators SES- scinded, there would be no funding to Taxation and he says the two amend- SIONS and MCCASKILL. continue to provide housing for low-in- ments do the same thing—they repeal Even after reviewing in great detail come families living in housing today. the 1099 requirement. That seems to be unobligated balances across all the In the case of homeless assistance especially friendly. As Senator BAUCUS agencies and rescinding those funds grants, there is a time-consuming com- pointed out, we are both going to ac- that were truly unobligated balances, petitive process that communities go complish the same thing; that is, we we still have to cut spending for fiscal through in order to get these funds. Ac- are going to repeal the 1099 require- year 2011 in order to pay for Pell cordingly, these programs have unobli- ment. Grants to the level at which almost ev- gated funds. To get to the issue of this being an eryone in this Chamber desires that it If these funds were rescinded, exist- unprecedented grant of power to the be funded. ing homeless programs in communities executive branch versus the legislative Consequently, the only unobligated across the country wouldn’t have suffi- branch, we also researched that. The balances remaining are those in ac- cient funds to continue serving the Consolidated Appropriations Act for counts that have slow spend rates such homeless—literally leaving people on fiscal year 2004 basically gave the Sec- as construction and infrastructure ac- the streets. retary of Commerce the sole discretion counts. To rescind $39 billion from And finally, as one would imagine, to determine from which accounts and these remaining accounts without con- Corps of Engineers construction in what amounts funds would be re- gressional guidance, and without any projects as well as funding for flood scinded. In other words, the Secretary analysis of the ultimate costs and ben- control and coastal emergencies have had sole discretion to decide how to re- efits, is simply irresponsible. substantial unobligated balances. scind that. Throughout this past year, every Supporters of the Johanns amend- The Consolidated Appropriations Act time an amendment similar to this one ment may claim that I and my col- for fiscal year 2008, when my friends on has been offered, I and my colleagues leagues on the Appropriations Com- the other side of the aisle were in con- on the Appropriations Committee have mittee are simply citing the worst case trol of both the House and the Senate, come to the Floor and provided real ex- scenario of where unobligated balances rescinded more than $192 million in un- amples of real programs that would be may come from. The fact of the matter obligated balances available to NASA impacted by such an amendment. is that these accounts are exactly and gave the Administrator sole discre- While I will not go into such detail to- where the unobligated balances will tion. night, I will take a moment and give come from. The Consolidated Appropriations Act Members a sense of which agency ac- Let me also point out to my col- of fiscal year 2008, again when my counts have unobligated balances: leagues that if this amendment is en- friends on the other side of the aisle International narcotics control and acted, we cannot stop rescissions of un- were in sole control of the House and law enforcement programs that provide obligated balances from any of the ac- the Senate, rescinded $33 million in un- police training and counter-drug pro- counts mentioned because the amend- obligated balances for the National grams in Afghanistan, Pakistan, Mex- ment gives sole decision-making power Science Foundation and gave the Di- ico and Colombia, among others. regarding where to cut to the executive rector sole discretion. Global Health and Child Survival, branch. The Emergency Steel Loan Guar- which impacts global HIV/AIDS, ma- Unlike the situation with deciding antee and Emergency Oil and Gas laria, TB, polio and other programs. how to fund the FY 2011 ominibus, Guarantee Loan Act rescinded $270 mil- The State Department’s worldwide where Ranking Member COCHRAN and I, lion of nondefense administrative and security program, including funding for along with our committee members, travel funds and again gave sole discre- requirements in Iraq, again impacting decided after much scrutiny of action to the executive branch. our embassy and personnel security counts which unobligated balances Very simply, the argument that costs worldwide. were truly available for rescission, this somehow this is new, this is unprece- Coast Guard construction of ships amendment places all authority with dented, and this has never happened be- and planes, including the National Se- the executive branch. fore simply doesn’t hold water. curity Cutter, the Maritime Patrol Air- Mr. President, this amendment is not I then heard the argument of my col- craft, and Fast Response Cutters. the way to do business. This is cer- league from Hawaii, a very respected Funds to maintain and upgrade the tainly not the way to fund the Federal Member. But I look at these unobli- southwest border fence in Arizona and Government. We need to stop trying to gated balances—the Department of Ag- California. shift our fiscal responsibilities to the riculture, $9.6 billion. I ran that De- The FEMA Disaster Relief Fund executive branch. We need to stop partment for about 3 years. He talks which is still paying for Katrina, Rita, claiming there is an excess in Federal about fire suppression. We dealt with Gustav and Ike. funds where none exists. And if we fire suppression every year. Yes, some

VerDate Mar 15 2010 04:05 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.019 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8224 CONGRESSIONAL RECORD — SENATE November 29, 2010 years were worse than others when it businesspeople in our country. That I thank the Chair, and I yield the came to fire suppression. If we had a would be one interpretation. The other floor. year where literally we had to go find would be that all the talk coming out Mr. JOHANNS. Mr. President, may I additional funding because the fires of Washington about new taxes and inquire how much time remains on our were worse, we worked through that possibly a value-added tax means they side. and we solved the problem. We dealt are starting to want to get the reports The ACTING PRESIDENT pro tem- with that issue when it was presented that would be the basis of a new tax pore. Three minutes. to us. system. Neither of those things should Mr. JOHANNS. Mr. President, I will Here is what I would say. In Sep- be part of health care reform in this use that 3 minutes just to wrap up with tember, I came to the floor and I said: country. So I am hopeful we can put a a couple thoughts. Look, here is how I want to pay for stop to this right now. The first point I wish to make in wrapping up this evening is that there this. It came out of the health care I think the people of America well has been a 21-percent increase in appro- bill. My colleagues said: Oh, we can’t understand the burdens of this health priated funding over the last 2 years— do that, but I am with you on this 1099 care reform bill, passed on Christmas 21 percent. So every small business out repeal. I listened. This repeal is paid Eve of last year, over our objections on there is asking the question: Why is for by using money that is literally sit- this side of the aisle. So maybe we can start peeling away some of the most the cost, at least in part of this health ting there in Federal accounts. care bill, falling on my back, when onerous provisions—particularly this The other matter I would point to is there has been a 21-percent increase in one, which takes effect in 2012—and that the alternative is the Baucus appropriated funding over the last 2 begin to let people know we are going amendment, and here is what the Bau- years? Why are you punishing me, to try to mitigate the damage the cus amendment does. Yes, it handles when I am trying to do everything I the problem, just like Congress has health care bill has done, and we are can to stay afloat? been handling the problem for way too going to do it a little bit at a time Senator HUTCHISON said it well. You long. It says to our children and grand- until we can repeal the whole thing and can’t go anywhere in this country children: Out of this multitrillion-dol- start all over. without a small businessperson saying lar annual budget—$1 trillion in def- It is not that our system doesn’t need to you: What is it about this 1099 re- icit, with 40 percent of the money being reform. We all have said we need health quirement? They are dreading the fact literally borrowed—we can’t find $19 care reform. But having to report a that they will spend valuable resources billion. It is too hard. It is too hard, trip to the Office Depot to buy sta- on accountants to be in compliance and and so our kids and our grandkids are tionery or a fax machine is not the way to deal with this requirement. They are going to have to deal with it. That is to a better health care system. It is a asking the question: Why are you pick- exactly what the Baucus amendment non sequitur. So I hope Senator ing on us? does. It says it is too hard. JOHANNS’ amendment to this bill The second point I wish to make is, It is going to be the President’s own passes. It is a freestanding bill, but it the money from unappropriated, unob- Budget Director who is going to iden- is a great amendment to this bill. If we ligated accounts—again, excluding the tify the funds that will pay for this. can stop this now, that would be one Department of Defense and Veterans Are my colleagues on the other side thing we could take off the table as we Affairs—is 5 percent. It is 5 percent of suggesting we can’t trust that process? are addressing the major issues that the total. I look at that massive Fed- Well, if we can’t solve this problem and actually do deal with health care re- eral budget, I look at what we are deal- pay for it, how do we ever solve the form. Maybe we can bring it down to a ing with, and I get down to the same multitrillion-dollar deficit this coun- level where we would be able to address point—$19 billion. Why would you add try is facing? Congress has allowed the it in a more responsible way. that to the Federal deficit? That is ex- administration to deal with this kind I might add that even the National actly what the Baucus amendment of issue on other occasions. To some- Taxpayer Advocate Division of the IRS does. how claim that on this occasion it has said they would have significant You simply will not find offsets that can’t simply misses the point. challenges in processing and analyzing are better equipped to deal with this With that, I yield to Senator the enormous volume if this piece of problem than the one I am proposing. HUTCHISON from Texas, who wishes to the Health Care Reform Act goes Again, I just wish to emphasize, in Sep- speak on this issue. through. Even the IRS is asking: How tember, when we were arguing this on The ACTING PRESIDENT pro tem- could we do it, which then would lead the floor and my colleagues were com- pore. The Senator from Texas. to: What, more employees at the IRS? ing to me and saying: MIKE, look, I am Mrs. HUTCHISON. I wish to thank Well, that should scare the people of with you, I want to repeal this, this the Senator from Nebraska for offering America. The last thing we need is a doesn’t make any sense, and my phone this amendment. Obviously, it has been bigger government created to try to go is ringing off the hook, but I can’t go offered before, but every time I go into the small businesses and see if along with these health care offsets, we home it renews my energy to try to they are complying with a $600 require- changed the offsets. We are paying for stop this from taking effect. ment for every transaction they would the Johanns amendment. The Baucus approach simply does not Small businesspeople are approach- make. pay for it. So what does it do? In the ing me and saying: This is crazy. Do we So I commend the Senator from Ne- end, it hampers the next generation. It have to report every trip to the Office braska for offering this amendment. I adds to the national debt. If we can’t Depot? Do we have to report every am a cosponsor of this amendment, and find $19 billion to solve this problem, travel voucher for $600 because I am I hope we will have enough votes to how are we ever going to solve the stop this provision in its tracks, take going to a meeting in California? This problem of this massive deficit we are it off the table, and then deal with defies description, except to say it is passing on to our children and grand- one more overbearing government in- health care reform on issues that actu- children? trusion on free enterprise in our coun- ally affect health care reform, not With that, I ask my colleagues to try. issues such as this, which just burden support the Johanns amendment and So I hope very much that because of small business in our country at a time to oppose the Baucus amendment. My the message of the elections in Novem- when we want them to hire people. We hope is that we can get the votes nec- ber more people will see this is not nec- want them to open their doors to hir- essary, pass this amendment, and move essary. It is certainly not a part of ing more workers. But the more re- on to the next issues we face. health care reform. In fact, when I saw strictions and the more burdensome Mr. President, I yield the floor, and I this come out—this little provision paperwork we put on them, the less ask unanimous consent that the time tucked in the enormous health care re- chance there is they are going to hire during the quorum call be equally form bill—my thinking was twofold: people. That is what I am hearing from charged to both sides. One, they are paying for this enormous my constituents, and I know it is the The ACTING PRESIDENT pro tem- cost of the government takeover of same for all of us who have been home pore. Without objection, it is so or- health care on the backs of small listening to what the people are saying. dered.

VerDate Mar 15 2010 04:05 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.025 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8225 Mr. JOHANNS. Mr. President, I sug- safety practices and guidelines created now come out and changed their opin- gest the absence of a quorum. by the bill, and the FDA may modify or ion regarding their support of this bill, The ACTING PRESIDENT pro tem- exempt small processors based on risk. and they are opposing the bill because pore. The clerk will call the roll. Finally, regarding risk-based of the extended loopholes that are pro- The legislative clerk proceeded to traceability, farms and small busi- vided by the Tester amendment that call the roll. nesses that are not food facilities are are going to take the safest food supply Mr. CHAMBLISS. Mr. President, I not expected to create new records in in the world, which we have in the ask unanimous consent the order for the original version of S. 510. Only dur- United States of America, and we are the quorum call be rescinded and I ask ing an active investigation of a food- now going to offer loopholes and excep- to speak as in morning business. borne illness outbreak, in consultation tions in the chain from the farm to the The PRESIDING OFFICER (Mr. with State and local officials, the FDA restaurant, from the farm to the gro- DODD). Without objection, it is so or- may ask a farm to identify potential cery store, from the farm to the con- dered. immediate recipients of food if it is sumer’s table, and we are going to Mr. CHAMBLISS. Mr. President, as necessary to protect public health or render the potential for unsafe prod- an original cosponsor of S. 510, I am mitigate a foodborne illness outbreak. ucts to enter the market, and FDA is very disappointed that I cannot sup- Unfortunately, the new language be- going to have no opportunity to regu- port tonight’s cloture vote or the final fore us tonight goes beyond small farm late those. passage of this bill. protections. My concern with the That is wrong. That is not what we Since the bill’s introduction and ‘‘Tester language’’ is that it creates a started out to do with S. 510. Senator throughout the HELP Committee loophole for small processing facilities DURBIN and I talked about this, now, it mark-up process, there has been strong by exempting them from HAACP and is almost years ago, when we initially bipartisan cooperation to craft legisla- traceability requirements or products started the process of reforming the tion that strikes the right balance be- entering the food supply in ways other food safety system in this country. Un- tween industry practices and FDA than direct sales to consumers. I am fortunately, we have gotten way away oversight to ensure the safest food sup- concerned that these arbitrarily ex- now from the original intention of this ply possible. empted products would comingle with bill, to a point where it is not going to Unfortunately, the Senate will not items that must follow risk-based pre- accomplish the results we started seek- have the opportunity to vote for S. 510 ventive controls—such as bagged sal- ing to accomplish. as it passed the HELP Committee, nor ads. In the case of a foodborne illness I yield the floor. will Senators have the opportunity to outbreak, this exemption will make The ACTING PRESIDENT pro tem- offer amendments to improve the bill. FDA’s job much harder to identify and pore. The Senator from Connecticut. Compounding my concerns is the un- remove the tainted source from the Mr. DODD. I want to address the certainty about the opportunity to- food chain. issue that has been talked about by my have an open, transparent conference To state it bluntly, this new lan- friend from Georgia; that is, the Food with our colleagues in the House of guage goes far beyond protecting small and Drug Administration Food Safety Representatives at this late hour of the farms and establishes arbitrary factors and Modernization Act. I commend my legislative session. in determining the safety of food—none colleagues and those who have been in- Instead, we are faced with voting for of which are based on risk or science. volved, as we have been, for weeks and S. 510 with new language that was I am opposing cloture and final pas- weeks on end now to produce this bill, added at the llth hour which creates a sage of this bill because I have been de- which I am hopeful our colleagues will loophole in the Federal food safety sys- nied the opportunity to offer any support. tem. The newly added language, re- amendments, especially to strike or We have enjoyed a few days off to cel- ferred to as the ‘‘Tester amendment,’’ improve the Tester language. ebrate the Thanksgiving holiday, the creates an exemption for small farms I would have liked my colleagues to centerpiece of which is, of course, the and business operations through an ar- have had the opportunity to consider great meal with family and friends. It bitrary size and distance threshold— an amendment which would have lim- is fitting at the wake of that, that we neither of which have any basis in ited the exemption only for products gather to deal with the issue of food science or risk. For example, this new sold to qualified end users as defined in safety, a bill that is intended to help language would exempt a food facility the Tester language, such as direct ensure the safety of the food we feed or farm if it has sales of $500,000 or less, sales to consumers, restaurants, or re- our families and loved ones each and or sells half of its food to retailers, res- tail food establishments. Without this every day in this country. taurants, or consumers in the same limit, there is a significant chance that One of the great things about being state or within 275 miles. exempted products will be commingled in this country is that every day we It is extremely important to note with regulated products, thus ren- consume products with a sense of secu- that S. 510 as originally introduced and dering the protections created by S. 510 rity that what we are ingesting or passed by the HELP Committee in- useless. using is not going to cause us any great cludes many provisions to protect the The full implications of the Tester harm or put our lives in jeopardy. So it rights of farmers and in particular the amendment are unknown. I think it is important, particularly when you needs of small farmers. These small would be wise for the Senate to take a deal today with the processing of food farm protections were essential in my closer look at the potential impact be- that occurs, that reassurance, that decision to be an original cosponsor of fore we pass this legislation. The Sen- sense of security that all Americans the bill, and I fully support them. ate should have had the opportunity to would like to have is going to be guar- Specifically, the original S.510 does vote on S. 510 as it was passed by the anteed to the maximum extent pos- not subject small entities that produce HELP Committee without this loop- sible. Never perfect, obviously. None of food for their own consumption or mar- hole. All Senators should have the op- us can engage in casting or creating ket the majority of their food directly portunity to offer and consider amend- ideas or legislation that is designed to to consumers to new recordkeeping re- ments, but we do not. produce perfection. But we have come quirements. Also, the original bill Again, I also want to voice my con- close with this bill to providing that makes no change in definition of ‘‘fa- cern regarding the opportunity to have sense of security that all Americans cility’’ under the Bioterrorism Act of an open, transparent conference with deserve. 2002 which requires certain facilities to our colleagues in the House of Rep- Before I speak about the substance of register with FDA, thus farms and res- resentatives at this late hour of the the bill, I want to take a moment to taurants remain exempted in S. 510. legislative session. For these reasons, I highlight the collaborative process Additionally, small businesses are am voting no on cloture and no on final that characterizes the construction of given regulatory flexibility throughout passage of S. 510. this bill. The bill is a bipartisan effort the original version of S. 510. For ex- I would also add, for the reasons I on the part of Senators HARKIN, ENZI, ample, small processors are given addi- have expressed, virtually every proc- DURBIN, GREGG, BURR, and myself, tional time to comply with new food essor, food processor in the country has along with 14 of our colleagues in this

VerDate Mar 15 2010 04:05 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.026 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8226 CONGRESSIONAL RECORD — SENATE November 29, 2010 Chamber and is designed to strengthen threatening ones, and we are watching Putting this bill together required the country’s ability to address and the numbers grow. compromise. It is what we do in this hopefully prevent foodborne illnesses. According to those who keep these Chamber every single day, and so had I realize the bipartisan road is not al- statistics, from 1997 to 2007 the preva- we not included the Tester language in ways easy to follow, but I can con- lence of food allergies among children this bill I think we would have had a fidently say when we approach legisla- increased by 18 percent. Today, ap- hard time passing the legislation. The tion in this manner we often end up proximately 3 million children in the argument would have been: Well, you with a better, stronger, and more re- United States are suffering from one have included the small truck farmers sponsive law in the end. I think this kind of food allergy or another. While who, frankly, cannot subject them- bill is an example of that. It was not food allergies were at one time consid- selves to the kind of rules that large always easy. We had our differences, ered relatively infrequent, they now produces of food can, and we would obviously, but we overcame them in an rank third among chronic diseases in have put the whole bill in jeopardy. effort to respond to an issue that im- children under the age of 18. Peanuts By adopting the modified Tester lan- pacts all Americans regardless of polit- are among the several allergenic foods guage, we have made it possible for ical affiliation and economic cir- that can produce life-threatening aller- this bill to become law. So I commend cumstance; that is, again, foodborne gic reactions in children. my fellow Senator from Montana for illnesses. With this bill, what we have done his work. I commend Senator HARKIN, This collaborative process is not lim- here, is to develop a voluntary food al- the chairman of the committee, for ited to Members and staff. I am includ- lergy management guideline for pre- bringing this all together to the point ing outside advocates and organiza- venting exposure to food allergens and where, despite all of the allegations tions. In fact, an impressive range of ensuring a prompt response when a that this body cannot come to a com- constituent groups, including the Con- child suffers a potentially fatal mon agreement on a matter as impor- sumers Union and the Grocery Manu- anaphylactic reaction. It also provides tant as this one is wrong. We can when facturers Association, have provided for school-based food allergy manage- we work at it, and we have done so valuable input in support during this ment incentive grants to local edu- with this bill. process. Looking at the list of groups cational agencies to assist with the I urge my colleagues to be supportive which support this bill says a great adoption and implementation of food of this very important and historic deal about the product itself. It says allergy management guidelines in piece of legislation. we cannot afford to ignore the topic of grades K through 12. I yield the floor. food safety any longer. It says our in- My State of Connecticut is one of Mr. DURBIN. I suggest the absence of dustries and consumers want to see eight that has already done this on a quorum. good consistent policy in place to help their own. But a lot of other States, The ACTING PRESIDENT pro tem- prevent, and when they do occur, ad- obviously, 42 have not. This bill volun- pore. The clerk will call the roll. dress these illnesses. tarily provides small amounts of grant The assistant legislative clerk pro- We have all heard the statistics. On money to States to help them develop ceeded to call the roll. average, 76 million Americans are these procedures that will minimize Mr. REID. Mr. President, I ask unan- sickened each year, and 5,000 die each the kind of dangers that occur to chil- imous consent that the order for the year because of foodborne illnesses. dren when they are exposed to food quorum call be rescinded. But these are not just numbers. These that can cause them life-threatening The VICE PRESIDENT. Without ob- are the lives of our fellow citizens in diseases and illness. jection, it is so ordered. every region and economic group in the The Food and Drug Administration is f Nation. As the recall of a half billion responsible for regulating 80 percent of CERTIFICATE OF ELECTION eggs this summer due to Salmonella the Nation’s food supply. But for too The VICE PRESIDENT. The Chair contamination has shown, foodborne long, the FDA has lacked the resources lays before the Senate the certificate illness is something that can impact a and authorities necessary to ade- of election to fill the unexpired term significant portion of our population at quately protect our food. This bill rec- for the State of Illinois. The certifi- any given time. ognizes we cannot underfund this crit- cate, the Chair is advised, is in the According to the Centers for Disease ical agency and gives the FDA the form suggested by the Senate. Control and Prevention, more than tools necessary to protect our food and If there be no objection, the reading 1,800 people became ill due to these our health. of the certificate will be waived, and it In fact this bill establishes, for the contaminated eggs. Let’s not forget will be printed in full in the RECORD. that the most vulnerable of our popu- first time, a mandatory inspection There being no objection, the certifi- lation suffer the most when stricken schedule, which was a priority for cate was ordered to be printed in the with foodborne illnesses, especially many who worked so tirelessly on food RECORD, as follows: safety. Under the provisions of S. 510 children. STATE OF ILLINOIS One such life significantly impacted the number of inspections conducted Executive Department by a strain of E. coli was a constituent by the FDA will increase from 7,400 in CERTIFICATE OF APPOINTMENT of mine in Wilton, CT. She survived the 2009 to nearly 50,000 in 2015. Mr. Presi- contaminated lettuce she consumed, dent, we need these inspections. We To the President of the Senate of the United States: but her life has been changed as a re- need to pass this bill. This is to Certify that on the Second day of sult. I am hopeful that my colleagues will November, Two Thousand and Ten, Mark There is a lot in this bill we can be recognize the importance of passing Steven Kirk was duly chosen by the qualified proud of. I want to focus on one par- the FDA Food Safety Modernization electors of the State of Illinois a Senator for ticular area that I have a concern with Act. Because every family sitting down the unexpired term ending at noon on the and have been involved in for years and to dinner tonight deserves to know third day of January, Two Thousand and years—it is food allergies. that all reasonable measures have been Eleven, to fill the vacancy in the representa- Long before I had a family of my taken to ensure the safety of the food tion from said State in the Senate of the own, I got involved in the issue. But United States caused by the Resignation of they are eating. It’s time we put poli- then-Senator Barack Obama. with the arrival of my first child, tics aside for the sake of America’s Witness: His Excellency Our Governor, Pat Grace, in 2001, we discovered shortly families and get this bill passed. Quinn, and our seal hereto affixed at the thereafter that she had serious food al- I want to comment quickly, before City of Springfield, Illinois, this Twenty- lergies. She had been in anaphylactic my time expires, on the comments of Third day of November, in the year of our shock four or five times by the time my good friend from Georgia who just Lord Two Thousand and Ten. By the Governor: she was 4 or 5. This is a great concern spoke, SAXBY CHAMBLISS. This was a PAT QUINN, to her parents, obviously, as it is for difficult bill to put together. I com- Governor. millions of people in this country. mend my colleague from Montana, JON JESEE WHITE, Twelve million of our fellow citizens TESTER, who represents an awful lot of Secretary of State. have food allergies, many with life- small farmers, small food processors. [State Seal Affixed]

VerDate Mar 15 2010 04:53 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.028 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8227 ADMINISTRATION OF OATH OF Nancy had a personal tragedy. Her 6- catch the food once it is contaminated OFFICE year-old son Alex died from E. Coli and try to get it done, but to try to The VICE PRESIDENT. If the Sen- from food Nancy literally prepared for prevent it in the beginning. We had ator-elect will now present himself at him in their home. She wrote to me a success in the meat and poultry indus- the desk, the Chair will administer the handwritten letter, to me as a Con- try some years ago with a preventive oath of office. gressman from Springfield, IL, 200 plan to look at where pathogens could The Senator-elect, MARK KIRK, es- miles away, saying we have to do some- enter the food supply and stop it there. corted by Mr. DURBIN and Mr. Fitz- thing about food safety. We have applied the lessons we have gerald, advanced to the desk of the Nancy lost her son, but she never lost learned from those last 20, almost 25 Vice President; the oath prescribed by her passion for this issue. As the Sen- years now of that to this, so now we law was administered to him by the ator said, she formed the organization are going to be able to look to have a Vice President; and he subscribed to Safe Tables Our Priority, which has better system of preventing food safety the oath in the Official Oath Book. been an effective voice for so many problems and foodborne pathogens. The VICE PRESIDENT. Congratula- others to bring us to this moment. But, for the record, I have worked on It improves the detection or response tions, Senator. this issue for a long time, and we would to foodborne illness outbreaks—detect (Applause, Senators rising.) not be on the Senate floor tonight with it earlier, stop it earlier, and have a Mr. REID. Mr. President, I suggest this historic vote were it not for the better response to what is happening. the absence of a quorum. Senator from Iowa who has lead the ef- In other words, for example, in the bill The VICE PRESIDENT. The clerk we provide that retailers have to in fort. Senator TOM HARKIN has, with the will call the roll. some way notify customers if a food help of Senator MIKE ENZI and a num- The assistant legislative clerk pro- ber on the other side of the aisle who has been recalled. That could be a gro- ceeded to call the roll. have stepped up to make this bipar- cery store putting a sign on the shelf, Mr. HARKIN. Madam President, I tisan. This is a reasonable approach to for example, saying: This food has been ask unanimous consent that the order making our food safer in America. I recalled, maybe putting out a notice in for the quorum call be rescinded. thank the Senator from Iowa for all of their supplements that they put out in The PRESIDING OFFICER (Mrs. his leadership on this issue and so order to advise consumers they may SHAHEEN). Without objection, it is so many others. have purchased a food that has been re- ordered. Mr. HARKIN. Well, I thank my friend called. f from Illinois, but he is being way too Third, it enhances our Nation’s food FDA FOOD SAFETY generous. Again, I recognize the insti- defense capabilities. Right now, how MODERNIZATION ACT—Continued gators of this, the ones who started many people know that less than 2 per- this ball rolling, and Senator DURBIN is cent—about 1.5 percent—of all of the Mr. HARKIN. Mr. President, in about the one who got us started many years food imported into America is ever in- 35 minutes we are going to be voting on ago. And it has taken us many years to spected? That is 1.5 percent. Well, this cloture on the food safety moderniza- put this together. But that is why we is going to increase those inspections. tion bill, a bill that brings us forward have such a good bipartisan bill. We It is also going to increase the defense almost 70 years. Seven decades it has have worked on this. We reported this capabilities in case we have a problem. been since we have modernized or out of our committee a year ago with- For example, we have stronger trace- changed our food inspection and safety out one dissenting vote, Republican or back authority so we can get to the system in America. So we are taking Democrat. Since that time, we have source of where this happened in a bet- that step tonight. Hopefully, we will been working to get other people, not ter way than we ever have been able to have a final vote on it by tomorrow. on the committee, obviously, onboard do in the past. I just want to take a few minutes to get the way paved so we could have now before that vote to again lay out As I mentioned earlier, it provides a bill that would be broadly supported. the FDA with mandatory recall au- why this bill is so important and why This bill is very broadly supported, thority. A lot of people are surprised to we need to invoke cloture tonight so both by the industry and by the con- know—consumers are surprised to find we can have a final vote on this bill to- sumers. It is one of the few bills where, out that if there is a foodborne illness morrow. as a matter of fact, we have a wide or outbreak, the Food and Drug Ad- First of all, the statistics are that range of consumer and industry sup- ministration has no authority to even Americans are getting sick and they port, everything from the Snack Food recall the food. One may say: Well, the are dying because of foodborne ill- Association, the Grocery Manufactur- companies have the authority to recall nesses. You would think in this day ers Association, Consumers Union, it—and they do because, frankly, they with modernization and such we would Center for Science in the Public Inter- don’t want to get sued, obviously. So not have this. est, the U.S. Chamber of Commerce, why have a mandatory recall? Well, Madam President, 325,000 Americans U.S. Public Interest Research Group. you might have bad actors. You might every year are hospitalized and over Anytime you get the Chamber of Com- have a company that is located off- 5,000 die. Many of these are kids. I have merce and the U.S. Public Interest Re- shore. Maybe they have imported some met them with a group called Safe Ta- search Group on the same bill, you bad food into this country, and maybe bles Our Priority. I have met some of know you have a bill that has broad they think they can just take a few these kids. They will be damaged for support. This bill does. bucks and run. The FDA would not life, I say to my friend from Illinois, Again, I thank my colleague, Senator have mandatory recall authority. Now Senator DURBIN, who has been such a ENZI from Wyoming, our ranking mem- they would have that to protect our leader on this bill. In fact, I daresay we ber on our committee, for all of his consumers. As I said, it also requires would not be here were it not for Sen- help in getting this bill through and the retailer to notify consumers if they ator DURBIN’s leadership in getting this working on it diligently over the past sold food that has been contaminated. bill started, how many years ago I do year. not know. I would be remiss if I did not also Now, again, the opponents of this bill Mr. DURBIN. Will the Senator yield thank Senator GREGG and Senator have put a lot of rumors out there. for a question. BURR for being heavily involved in this Since I have lived with this bill for so Mr. HARKIN. I would be glad to bill and working through all of the long, I am surprised people would be yield. compromises a bill like this entails. saying things like this. One myth I Mr. DURBIN. First, I thank the Sen- The Food Safety Modernization Act read is that this bill would outlaw ator from Iowa for his leadership on enhances our food safety system in home gardens—you couldn’t even have this issue. The fact is, it was almost 18 three critical ways. It improves the a home garden. I think that comes years ago when I received a letter from prevention of food safety problems. I from Glenn Beck, if I am not mistaken, a woman in Chicago—written to me as always think this is key. We have to but it is factually incorrect. It said it a Congressman—named Nancy Donley. get in front of this, not to just sort of would do away with family farms. In

VerDate Mar 15 2010 04:53 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.031 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8228 CONGRESSIONAL RECORD — SENATE November 29, 2010 fact, the bill states explicitly that the has always been saying we need better help reduce the number of foodborne produce standards ‘‘shall not apply to coordination. He is right. I said that illnesses in this country. produce that is produced by an indi- earlier. He is absolutely right. We need I say in closing, is this bill going to vidual for personal consumption.’’ better coordination between the FDA stop everybody from getting sick while There is also an exemption for small and USDA and other agencies, and that eating food? No, no. It will not be 100 farmers, small facilities, as they sell is being done. It is being done in this percent. Will it be better than what we their products at roadside stands, bill. But at the same time, his sub- have? You bet. It is going to prevent a farmers markets, places such as those. stitute would eliminate the provisions lot of foodborne illnesses that other- Then there is another rumor that in our bill that enhance the coordina- wise would happen in this country anyone who grows any food will now tion between State and Federal labora- under the present system. come under the jurisdiction of the De- tories, which is exactly what we need Just think about this: We are oper- partment of Homeland Security. I to do—have State and Federal coordi- ating under a food inspection safety heard this myth that Homeland Secu- nation. His substitute would eliminate system in this country that was adopt- rity agents now will be tromping the trace-back provisions that are so ed 70 years ago. Think of how our food through your farms and your pastures important to find out where the supply—the growing, the processing, and your tomato plants—again, abso- foodborne pathogen might be origi- and the shipping—have all changed in lutely, totally, factually wrong. nating from. It would eliminate the that 70 years. We go to the grocery I am proud to say this legislation important foreign supplier verification store in the wintertime and we buy comprehensively modernizes our food provisions we put in this bill—that if fresh raspberries from Chile or blue- safety system and does so without in- you are importing food from a foreign berries from Argentina. We go to the jury to farms and small processors; country, you have to verify that the store in the summertime and we buy otherwise, we wouldn’t have all of the food has met the same kinds of inspec- produce made in this country from all industry groups on board if we were tion standards we have in our own over, commingled and shipped to- adding undue hardship on our proc- country. The substitute of my friend gether. A lot of times, you don’t know essors and farmers. Our food safety sys- from Oklahoma would eliminate that where it is coming from. There are so tem will continue to fail Americans provision. It would eliminate the re- many different things that have hap- unless we modernize our food safety quirement that we increase our inspec- pened over the last 70 years. Yet our laws and regulations. We should give tion frequencies in this country, and it inspection system has not kept up with the FDA the authority it needs to cope would eliminate the FDA’s ability to how our food is produced, how it is with the growing, varied risks that recall food—the mandatory recall pro- processed, how it is shipped and stored, threaten today’s more abundant food vision we have—even when life-threat- and we have not updated what we supply. We need to act, and we need to ening contamination is detected. should do with imported foods. We are act now. We need to invoke cloture on So for all of those reasons, I hope the getting more and more imported foods this bill in just a little over half an substitute will not be adopted. As I into this country. hour. said, I know my friend has some feel- So for all of those reasons, I hope we How much time do I have remaining? ings about this bill. I understand that. will have a good, strong vote, a good The PRESIDING OFFICER. Eight But many of the things Senator bipartisan vote on the cloture issue minutes 10 seconds. COBURN brought up earlier and in good and that the other measures that are Mr. HARKIN. Madam President, I faith I worked with him and his staff coming up—we have an amendment on know my friend, Senator COBURN, was on—some of his ideas, we appropriated taxes—if either the Johanns amend- on the floor earlier talking about this in this bill. Senator COBURN—I say this ment or the Baucus amendment is bill. He has a substitute he is going to as a friend—has a keen eye a lot of adopted, it will kill this bill. It will offer. I have worked with Senator times for things that are duplicative or kill the bill. COBURN over the months. I know we things that maybe sound good but I happen to be one of those who think have a basic philosophical difference don’t do what you think they are going we have to change the 1099 provisions about the role of government in this to do. He has a keen eye. I give him for small businesses but not on this area. Be that as it may, we have credit for that. So a lot of those things bill. We will do that before the end of worked hard, as I said, on bill com- we have looked at that in the past he the year, but if it is adopted on this promises between people who do have suggested, and we have adopted those bill, it will kill our food safety bill be- differences of opinion. Again, as with things and put them in the bill. cause the House will blue-slip it be- any bill, there may be some things in Lastly, one of Senator COBURN’s ob- cause the Constitution says bills of here that I don’t particularly like that jections is that the bill is not paid for. revenue have to originate in the House, I think we ought to do differently, but Again, I think that is misguided. He not in the Senate; likewise, the ear- in the spirit of compromise, we don’t knows my feelings on this issue. This is mark provision Senator COBURN will be get our way all the time around here; an authorization bill. Any funding that offering—we will have a good debate on we have to give and take to get some- would come for this would have to be that too—again, if that is adopted, it thing done. That is what this bill is. appropriated in the future. There will kill the bill. There is just no doubt So I say to my friend, Senator would be absolutely no deficit increase about it. COBURN, I know he has some problems at all. So we worked hard for many years to with it, but, quite frankly, his sub- This is from the Congressional Budg- get to this point. We have a good bipar- stitute—and I wish to say this very et Office. From our bill, we asked them tisan bill. We have a bill we believe the forthrightly—his substitute kills our what would it do to increase the def- House will pass and send on to the bill in its entirety. It kills it in its en- icit. As my colleagues can see, from President to keep our people more safe. tirety. In its place, what my friend 2010 to 2020, there is a zero increase in So I hope this body will reject any ex- from Oklahoma would offer would be a the deficit because of our bill. traneous amendments. few studies to help improve collabora- So, again, while I understand Senator Madam President, I yield the floor tion between FDA and USDA. There is COBURN has problems with the bill, I and note the absence of a quorum. weaker language on preventive con- think his substitute really wipes out The PRESIDING OFFICER. The tamination, which I think is so impor- everything we have done on a bipar- clerk will call the roll. tant—to prevent in the first place. The tisan basis. Senator ENZI has worked The legislative clerk proceeded to substitute will eliminate all of our pre- hard, as well as Senator GREGG, Sen- call the roll. vention control provisions. It would ator BURR, and others. We have worked Mrs. MCCASKILL. Madam President, eliminate the provisions that enhance with industry and consumer groups for I ask unanimous consent that the order coordination between State and Fed- over a year now to make sure we had a for the quorum call be rescinded. eral laboratories. good bill, a comprehensive bill—one The PRESIDING OFFICER. Without My friend from Oklahoma—and that was a true compromise between objection, it is so ordered. maybe later on we will get into this competing interests but one that gets Mrs. MCCASKILL. Madam President, and debate it a little bit—my friend the job done. And what is the job? To I rise to talk about an amendment we

VerDate Mar 15 2010 04:05 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.032 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8229 will be voting on tomorrow concerning actually think there is some mys- The yeas and nays are mandatory earmarks. Since coming to the Senate, terious process, but what we don’t under the rule. I have decided I am not going to par- know is what are all the earmarks that The clerk will call the roll. ticipate in what I think is a very Senators say no to. Senators say no to The legislative clerk called the roll. flawed process. I don’t think it is the these earmarks. It is not a committee Mr. DURBIN. I announce that the right way to spend public money. I am that says no to these. It is not a chair- Senator from Connecticut (Mr. not going to quarrel that some of the man. Each individual Senator decides LIEBERMAN), the Senator from Arkan- projects that have been funded are not winners and losers. I don’t think the sas (Mr. PRYOR), and the Senator from meritorious; they are. In my State, losers know that. I think the losers Montana (Mr. TESTER) are necessarily some of the projects that have received think that Senator had nothing to do absent. earmarked funds are wonderful expend- with them being a loser. If we can Mr. KYL. The following Senators are itures of public money. But it is the make all that public, this would be a necessarily absent: the Senator from way in which the money is expended much less popular activity because all Kansas (Mr. BROWNBACK) and the Sen- that is a problem; the way to decide it of a sudden the people who wanted the ator from North Carolina (Mr. BURR). is the problem. It is the process. bridge in this part of the State would The yeas and nays resulted—yeas 69, There have been a number of defenses realize that the Senator thought the nays 26, as follows: of earmarking. I am going to spend a bridge on the other side of the State [Rollcall Vote No. 252 Leg.] couple minutes debunking the defenses was more important. So we take credit YEAS—69 of earmarking. I will tell you my favor- for the earmarks we get, but we are not Akaka Franken Merkley ite one: We are somehow abdicating the Alexander Gillibrand Mikulski willing to own the fact that we have Baucus Grassley Murkowski power of the purse that is delineated in chosen winners and losers. Bayh Gregg Murray the Constitution. Give me a break. We Finally, this notion that somehow Begich Hagan Nelson (NE) decide every dime of Federal money. the bureaucrats are going to decide— Bennet Harkin Nelson (FL) Bingaman Inouye Reed Congress makes the decision on appro- most of the money taken for earmarks Boxer Johanns Reid priations for every Federal program. comes out of programs that are grant Brown (MA) Johnson Rockefeller How is giving up a secretive process, programs and formula programs and Brown (OH) Kerry Sanders where nobody is sure how it is decided Cantwell Kirk Schumer are decided by population or by local Cardin Klobuchar Shaheen who gets how much money—how is get- people. It is not Washington bureau- Carper Kohl Snowe ting rid of that somehow removing our crats. They are supplanting the judg- Casey Landrieu Specter constitutional authority to make ment of one person for the local plan- Collins Lautenberg Stabenow Conrad Leahy Udall (CO) spending decisions? It is like they want ning process and the State planning Coons LeMieux Udall (NM) the American people to believe that if process. That is not the way. Dodd Levin Vitter we quit earmarking, the appropriations I hope people vote for the Coburn- Dorgan Lincoln Voinovich process is going to go away, that we McCaskill amendment. This is the Durbin Lugar Warner Enzi Manchin Webb will no longer pass judgment on the wrong way to spend public money. Feingold McCaskill Whitehouse President’s budget, that we will not Whether it happens tomorrow or 2 or 3 Feinstein Menendez Wyden have oversight over Federal money. It years from now, make no mistake NAYS—26 is silly and absurd. In some ways, it is about it, the American people are tired Barrasso Crapo McCain almost insulting. of it. Bennett DeMint McConnell The constitutional powers to decide I suggest the absence of a quorum. Bond Ensign Risch how Federal money is spent will re- The PRESIDING OFFICER. The Bunning Graham Roberts Chambliss Hatch main with the Congress long after this clerk will call the roll. Sessions Coburn Hutchison Shelby bad habit has been broken. Make no The legislative clerk proceeded to Cochran Inhofe Thune mistake about it, it may not be this call the roll. Corker Isakson Wicker year, it may not be next year, but the Mr. CARDIN. Madam President, I ask Cornyn Kyl American people are on to us. They unanimous consent that the order for NOT VOTING—5 now know and understand that ear- the quorum call be rescinded. Brownback Lieberman Tester marking is about who you are. It is The PRESIDING OFFICER. Without Burr Pryor about what committee you sit on. It is objection, it is so ordered. The PRESIDING OFFICER. On this about whom you know. Pursuant to rule XXII, the Chair lays vote, the yeas are 69, the nays are 26. If this is such a fair process, if this is before the Senate the following cloture Three-fifths of the Senators duly cho- something we should be proud of, then motion, which the clerk will report. sen and sworn having voted in the af- I want someone to come to the floor The legislative clerk read as follows: firmative, the motion is agreed to. and explain to me how they decide who CLOTURE MOTION Mr. BROWN of Massachusetts. gets the money. I ask it at home all We, the undersigned Senators, in accord- Madam President, I come to the floor the time, and I say: If you know, will ance with the provisions of rule XXII of the today to talk about a provision that you tell me because I am a Member of Standing Rules of the Senate, hereby move was included in the Federal health care the Senate and I don’t know. to bring to a close debate on the Harkin sub- reform bill. It is a provision that ad- In some committees, the ranking stitute amendment No. 4715 to Calendar No. versely impacts small businesses and member and the chairman of the sub- 247, S. 510, the FDA Food Safety Moderniza- entrepreneurs, both an engine of job committee get more money than ev- tion Act. growth in Massachusetts and across erybody else. In other committees, Harry Reid, Patrick J. Leahy, Claire McCaskill, Tom Harkin, Carl Levin, the country. they don’t. Where is that decided? In Daniel K. Inouye, Richard J. Durbin, I support Mr. JOHANNS’ efforts and what room? Is there a hearing? Can I Byron L. Dorgan, Jack Reed, Jeff leadership to repeal this provision of go and watch? When the money is split, Bingaman, Mark Begich, Blanche L. the law. I am proud to be a cosponsor who is in the room? Who is on the Lincoln, Robert Menendez, Daniel K. of his efforts to do just this. phone? If we are brutally honest with Akaka, Sherrod Brown, Sheldon The provision that I am referring the American people, we will tell them Whitehouse, Patty Murray, Debbie to—section 9006 of the Federal health that is a process we don’t want them to Stabenow, Barbara Boxer. care reform bill—requires that every see. Yes, we are better because we re- The PRESIDING OFFICER. By unan- business, charity, and local and State formed. I am proud my party led the imous consent the mandatory quorum government entity submit a 1099 form reforms on earmarking right after I call has been waived. for every business transaction totaling came to the Senate. Now your name is The question is, Is it the sense of the $600 or more in a given year. It has on your earmark. Senate that debate on amendment No. been estimated that this mandate I will tell you what is not public. Do 4715 to S. 510, a bill to amend the Fed- would affect approximately 40 million you know what people at home actu- eral Food, Drug, and Cosmetic Act entities across the country. ally believe? They believe the Senators with respect to the safety of the food Under the law, businesses will be re- don’t pick the winners and losers. They supply shall be brought to a close? quired to report purchases of items

VerDate Mar 15 2010 04:05 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.033 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8230 CONGRESSIONAL RECORD — SENATE November 29, 2010 such as office equipment, food and bot- The Senator from Montana. LIEBERMAN) and the Senator from Ar- tled water, gasoline, lumber, and Mr. BAUCUS. Madam President, I kansas (Mr. PRYOR) are necessarily ab- plumbing supplies if payments to any understand, under the order, each side sent. vendor in the course of a year total at gets to speak for 1 minute. Mr. KYL. The following Senators are least $600. They will, in many cases, The PRESIDING OFFICER. That is necessarily absent: the Senator from also have to report payments for things correct. The Senator from Nebraska. Kansas (Mr. BROWNBACK) and the Sen- such as travel and telephone and Inter- Mr. JOHANNS. Madam President, if I ator from North Carolina (Mr. BURR). net service. To comply with the man- might take my minute to explain what The yeas and nays resulted—yeas 61, date, businesses—especially small busi- is happening tonight, the first amend- nays 35, as follows: nesses—would have to institute new, ment we will vote on is the Johanns’ [Rollcall Vote No. 253 Leg.] complex record-keeping data collection amendment. It repeals the 1099 require- YEAS—61 and reporting requirements that track ment in the health care law. This came Alexander Feingold Menendez every purchase by vendor and payment before us in September. Many col- Barrasso Graham Murkowski method. The provision will increase ac- leagues came to me and said: I do not Bayh Grassley Nelson (NE) counting costs, expose businesses to like the pay-fors coming out of the Bennet Gregg Nelson (FL) Bennett Hagan Risch costly and unjustified audits by the health care law. This is paid for. It is Bingaman Hatch IRS, and subject more small businesses Roberts paid for out of unobligated funds in the Bond Hutchison Sessions to the challenges of electronic filing. Federal system, if you will. Brown (MA) Inhofe Shelby Bunning Isakson So what does all of this really mean? The second amendment, the Baucus Snowe Cantwell Johanns Stabenow And why does this provision need to be amendment, simply is not paid for. So Chambliss Kirk repealed? Well, what it means is that you will be adding to the Federal def- Coburn Klobuchar Tester Thune small businesses and entrepreneurs will icit if you support the Baucus amend- Cochran Kohl be busy completing paperwork, filling Collins Kyl Udall (CO) ment. Conrad LeMieux Udall (NM) out forms, and complying with govern- The PRESIDING OFFICER. The Sen- Corker Lincoln Vitter ment mandates. ator from Montana. Cornyn Lugar Voinovich The provision needs to be repealed Mr. BAUCUS. The Senator from Ne- Crapo Manchin Warner because when small businesses are fo- DeMint McCain Webb braska and I both seek to repeal the Ensign McCaskill Wicker cused on keeping the government at provisions in the health care reform Enzi McConnell bay, they aren’t creating jobs or mak- act referring to 1099. They are identical NAYS—35 ing investments that spur economic in that respect, but actually we go fur- Akaka Feinstein growth. ther and give more relief to small busi- Mikulski This is a policy we can all agree on— Baucus Franken Murray ness than does the Senator from Ne- Begich Gillibrand from both sides of the aisle. It is a pol- Reed braska. Boxer Harkin Reid icy that I have supported from the very The Johanns amendment would also Brown (OH) Inouye Rockefeller Cardin Johnson start and that I will continue to sup- give the unelected Director of the Of- Sanders port and fight for. Carper Kerry Schumer fice of Management and Budget the Casey Landrieu Shaheen Passing this amendment is the right Coons Lautenberg power to slash $33 billion in appro- Specter thing to do—for small business owners, Dodd Leahy priated spending entirely at his own Whitehouse for entrepreneurs, and for every busi- Dorgan Levin discretion, taking away the responsi- Wyden ness that is eager to hire workers, ex- Durbin Merkley bility of the Congress. I do not think pand its business, and grow. NOT VOTING—4 that is a good idea. I commend my colleague’s leadership Brownback Lieberman on this issue. My colleague, Mr. The Johanns amendment, thus, puts Burr Pryor at particular risk slower spending ac- JOHANNS has been leading this effort counts that fund vital purposes. The The PRESIDING OFFICER (Mr. since the Federal health care reform MERKLEY). On this vote, the yeas are passed earlier this year, and I support Johanns amendment puts at risk international narcotics control, law enforce- 61, the nays are 35. Two-thirds of the him fully. And I urge my fellow Sen- Senators voting not having voted in ators to repeal this job-and investment funding, $39 billion worth of funding solely in the discretion of the OMB the affirmative, the motion is rejected. ment-killing mandate. The Senator from Montana. The PRESIDING OFFICER. Under Director, taking that power away from MOTION TO SUSPEND the previous order, the Senator from the Congress. I think that is a bad idea. Nebraska will be recognized to offer a I urge my colleagues to oppose the Mr. BAUCUS. Mr. President, this motion to suspend the rules. Johanns amendment. next vote is very simple. It repeals the 1099 provisions that we all said to small MOTION TO SUSPEND Mr. JOHANNS. Madam President, do businesses that we are going to repeal. Mr. JOHANNS. Madam President, I I have any time remaining? Purely and simply, it repeals 1099. I move to suspend the rule XXII, includ- The PRESIDING OFFICER. The Sen- urge Members to vote to repeal, get ing any germaneness requirements, for ator has 24 seconds remaining. this over with so we can move on to the purposes of proposing and consid- Mr. JOHANNS. In reference to the other business. ering amendment No. 4702, and I ask argument of the Senator from Mon- The PRESIDING OFFICER. The Sen- for the yeas and nays. tana, Congress has allowed the admin- The PRESIDING OFFICER. Is there a istration to make similar decisions on ator from Nebraska. sufficient second? There appears to be rescinding funds in 1999, 2004, and twice Mr. JOHANNS. Mr. President, this a sufficient second. in 2008, while our friends on the other adds $19 billion to the Federal deficit. The yeas and nays were ordered. side of the aisle were in control of Con- I yield the remainder of my time to UDD REGG MOTION TO SUSPEND gress. That argument simply does not Senator J G . Mr. BAUCUS. Madam President, pur- hold water. The PRESIDING OFFICER. The Sen- suant to the previous order, I move to I urge my colleagues to support the ator from New Hampshire. suspend the rules for the consideration paid-for amendment, the Johanns Mr. GREGG. Mr. President, this is of my amendment, which is at the amendment. not the proper way to address this desk, and I ask for the yeas and nays. The PRESIDING OFFICER. All time issue, to add $19 billion to our deficit. The PRESIDING OFFICER. Is there a has expired. The question is on agree- That has to be paid too by our children sufficient second? ing to the motion of the Senator from and by small businesses being affected There appears to be a sufficient sec- Nebraska. by this 1099 proposal. Let’s do this the ond. The yeas and nays are ordered. right way. Let’s do it the way the Sen- The yeas and nays were ordered. The clerk will call the roll. ator from Nebraska has suggested—pay The PRESIDING OFFICER. Under The assistant legislative clerk called for it. It should be corrected that way, the previous order, the vote will first the roll. not by adding $19 billion to our debt. occur on the motion of the Senator Mr. DURBIN. I announce that the The PRESIDING OFFICER. All time from Nebraska. Senator from Connecticut (Mr. is yielded back.

VerDate Mar 15 2010 04:05 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.016 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8231 The question is on agreeing to the 4175 to S. 510, Food Safety Moderniza- costs. So we are going to see a lot of motion offered by the Senator from tion Act, 60 vote threshold, I would small food manufacturers no longer Montana. have voted in the affirmative. making food. We are going to raise the The yeas and nays having been or- Mr. PRYOR. Mr. President, due to cost of our food and, by the way, see dered, the clerk will call the roll. my airline flight delay traveling back significant increases—if I could have The legislative clerk called the roll. from Arkansas, I inadvertently missed my charts on the floor, I would appre- Mr. DURBIN. I announce that the the vote on Senator JOHANNS’ motion ciate it—this year in food, and we are Senator from Connecticut (Mr. to suspend rule XXII for the purpose of going to see that extended, but we are LIEBERMAN) is necessarily absent. proposing and considering his amend- not going to fix the real issue. Mr. KYL. The following Senators are ment No. 4702 to repeal the 1099 infor- Food safety is on the minds of every- necessarily absent: the Senator from mation reporting requirement. I would body in this country because of the re- Kansas (Mr. BROWNBACK) and the Sen- have voted for Senator JOHANNS’ mo- cent 500 billion egg recall in this coun- ator from North Carolina (Mr. BURR). tion had I been present. try. It is important to know what went The PRESIDING OFFICER. Are there (At the request of Mr. REID, the fol- on there. It is important to note that any other Senators in the Chamber de- lowing statement was ordered to be the head of the FDA, Dr. Margaret siring to vote? printed in the RECORD.) Hamburg, said had their rule been in The yeas and nays resulted—yeas 44, ∑ Mr. LIEBERMAN. Mr. President, I existence, we wouldn’t have had that nays 53, as follows: regret having missed votes to suspend problem of salmonella with eggs. They [Rollcall Vote No. 254 Leg.] the rules and consider two amendments promulgated the finished rule around YEAS—44 to the FDA Food Safety Modernization the time of the salmonella infection Akaka Hagan Nelson (NE) Act. I was unable to be present for and contamination on the eggs. Baucus Inouye Reed these votes due to a family wedding. The problem with that is it took 10 Bayh Johnson Reid Had I been present, I would have years to develop that rule. Nobody has Begich Kerry Rockefeller voted in favor of the motion to suspend Boxer Kirk asked why it took 10 years. Nobody had Sanders the rules to consider Senator BAUCUS’s Brown (MA) Klobuchar Schumer a hearing before we passed this rule to Brown (OH) Landrieu amendment to repeal the form 1099 re- Shaheen say: How did we allow this to happen? Cantwell Lautenberg Specter porting requirement. This provision Cardin Leahy But we took 10 years. Stabenow Casey Levin imposes an onerous compliance re- Tester Senator HARKIN has the right idea on Coons Manchin quirement on businesses of all sizes, Warner food safety. He didn’t get it proper, Dorgan Menendez and Congress should act quickly to re- Webb that bill, because he couldn’t get it Feinstein Merkley move that burden and allow businesses Franken Mikulski Whitehouse through, but his idea is that we need to direct their time, energy, and re- Gillibrand Murray Wyden one food safety organization, not three, sources to growing their businesses and NAYS—53 and we now have three, and we are creating new jobs. Alexander Durbin McCain I would have voted against the mo- going to exacerbate that problem with Barrasso Ensign McCaskill tion to suspend the rules to consider the bill on which we just deemed clo- Bennet Enzi McConnell ture. Bennett Feingold Murkowski the Johanns amendment because it Bingaman Graham Nelson (FL) would have delegated Congress’s con- The intent of my colleagues is great, Bond Grassley Pryor stitutionally delegated responsibility but, as somebody trained in the art of Bunning Gregg Risch to make spending decisions to the ex- medicine, what I see in this bill is dif- Carper Harkin Roberts Chambliss Hatch ferent from what you see in this bill. Sessions ecutive branch, also shifting account- Coburn Hutchison You see, I see the problem is not lack- Shelby ability for making difficult and un- Cochran Inhofe Snowe ing regulatory authority; the problem Collins Isakson popular spending cuts from Congress to Conrad Johanns Thune the President.∑ is not holding the regulators in their Corker Kohl Udall (CO) The PRESIDING OFFICER. The Sen- expertise and carrying out the author- Udall (NM) Cornyn Kyl ator from Oklahoma. ity they have. How do I know that for Crapo LeMieux Vitter sure? Because it wasn’t a week after DeMint Lincoln Voinovich Mr. COBURN. Mr. President, we have Dodd Lugar Wicker just invoked cloture on the food safety the recall on the eggs on the salmonella scare that we had two FDA in- NOT VOTING—3 bill, and I think it is important for the American people to know what that spectors cross-contaminating farms in Brownback Burr Lieberman means. That means we are going to Iowa, not even following their own reg- The PRESIDING OFFICER. On this spend another $1.4 billion of their ulations. This doesn’t do anything for vote, the yeas are 44, the nays are 53. money. No. 2, we are going to raise the that because the only thing that is Two-thirds of the Senators voting not cost of food over the next year, and going to fix the real problems with food having voted in the affirmative, the therefore we are at about $200 million safety in this country is us holding the motion is rejected. to $300 million. We set $141 billion per regulators accountable, not giving VOTE EXPLANATIONS year in unfunded mandates on the them a whole bunch more regulations, Mr. TESTER. Mr. President, unfortu- States if we pass this bill, and we and we haven’t done that. We have nately, I was not able to be present to didn’t fix the real problem with food failed to do that. cast an important vote this evening safety in this country, according to the It is not just in food safety. The rea- due to a delayed flight. The vote was Government Accountability Office. son we have a $1.3 trillion deficit is be- for cloture on the substitute food safe- The other point I wish to make is cause we don’t hold agencies account- ty bill, which includes my amendment. that we went through this process over able. We are going to have a debate in After widespread foodborne illnesses the last week and a half with no a minute on earmarks, and we are have sickened millions of Americans amendments being allowed—no amend- going to hear it put forward that the throughout the country, including in ments being allowed—which really vio- only way we can control it is to direct Montana, this bill will help restore lates the spirit of the Senate. We could money ourselves. That is just abso- Americans’ confidence in our food sup- have finished this bill probably the lutely an untruth. The way you can di- ply. With my amendment, it will also week before Thanksgiving had amend- rect where money gets spent in this recognize that family-scale producers ments been allowed. country is having oversight on the that have immediate relationships The thing Washington gets wrong—it agencies and them knowing you are with their customers at a local level is not their intent, it is not their well- going to look every time on how they have not been at the root of our food meaning desire to fix problems that are are spending the money and make safety problems, so they should not in front of the country—what Wash- them justify it. But the fact is, we are and cannot bear the same regulatory ington gets wrong is they think spend- not looking because we have decided burden. ing more money and setting up a ton we will take ours and we will put our Had I been present, on vote No. 252, more regulations will fix problems, and $16 billion over here, and you, adminis- cloture on substitute amendment No. it doesn’t. What it does is it raises tration, can take your money and put

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All we have to do is look at cam- the hidden little secret on earmarks is have agreements to share data, but paign contributions and earmarks, and that they are used as much as a polit- they don’t share the data, so we force there is a stinky little secret associ- ical tool as they are to claim ‘‘I am them to do that. We require a strategic ated with that: the correlation is close doing something good for my State.’’ plan for updating their health informa- to one. That is not something this body MOTIONS TO SUSPEND tion technology systems, which the should embrace, tolerate, or stand for. I ask unanimous consent to move to Government Accountability Office for The American people expect us to be suspend the rules for the consideration the last 5 years has been saying is their transparent, aboveboard, doing the of amendment No. 4696 and amendment No. 1 problem. We require the FDA to best, right thing for the country as a No. 4697. submit a plan to expeditiously approve whole. The real process is that the Ap- The PRESIDING OFFICER. Is there new food safety technologies and more propriations Committee ignores au- objection? effectively communicate those tech- thorizing committees; $380 billion a Mr. DURBIN. Mr. President, reserv- nologies to the industry and con- year in discretionary funds are appro- ing the right to object, I wish to ask sumers. We leverage the free market priated every year that are unauthor- the Senator from Oklahoma if he could existing food safety activities by allow- ized. With that rebuff of the author- explain the nature of his unanimous ing the FDA to accredit third-party in- izing committees, they also put in any consent request. I may not object, but spectors, and we provide unlimited new earmarks they want or that any other I just didn’t understand it. authority without imposing new costs Member wants. It is time that stops. It Mr. COBURN. To the Senator from or additional regulatory burdens. is time we re-earn the trust of the Illinois, I am just bringing these up. I These new authorities intend to better American people. have to bring them up either in the leverage the free markets and focus re- With that, I yield to my colleague, morning or this evening for votes in sources on preventing foodborne illness the Senator from Arizona. the morning, so I am just bringing and contamination. They include emer- The PRESIDING OFFICER. The Sen- them up to be available for consider- gency access to records, clarifying the ator from Arizona is recognized. ation under a suspension of the rules. HACCP authority relating to high-risk Mr. MCCAIN. Mr. President, I thank Mr. DURBIN. So it is my under- foods, and allowing the FDA to develop Senator COBURN. I also express my ap- standing the votes will still be tomor- strategic international relationships. preciation to Senator MCCASKILL and row on the two issues the Senator has What will this bill do? It will fix the Senator UDALL for joining in this very pending? real problem: ineffective government, important amendment. As the Senator Mr. COBURN. Yes, they will. ineffective bureaucracies. What we are from Oklahoma mentioned, this issue Mr. DURBIN. I do not object. going to do when we pass the food safe- has been debated many times on the The PRESIDING OFFICER. The mo- ty bill that is on the floor is we are floor of the Senate. There have been ef- tions to suspend are pending rather going to grow the government. We are forts to repeal certain most egregious than the amendments themselves. Is going to create more barriers. We are earmarks. A ‘‘bridge to nowhere’’ in there objection? going to raise the cost, and we are still Alaska was one of those that became Without objection, it is so ordered. going to have foodborne illnesses. more famous than others. The Senator from Oklahoma has the So I will end with that and move over I have to say to my colleagues that I floor. to earmarks. I know I have several col- have seen with my own eyes—and I say Mr. COBURN. Mr. President, I just leagues who wish to speak about it. I this with great regret—the influence of want to show my colleagues the dif- am not going to spend a long time on money and contributions in the shap- ference. One of the motions we will it. We have debated it and debated it. ing of legislation. I have seen that vote on on suspending the rules tomor- The fact is that this country did just come in the form of earmarks. One of row is, here is S. 510, 280 pages of new fine for the first 200 years without the the individuals I admired a great deal, rules and new regulations. Here is the first earmark. And when anybody in a former Member of the House of Rep- alternative, which is one-sixth of that. the Senate in the first 200 years in this resentatives, now resides in Federal This one costs $1.4 billion in direct country tried the earmark, they got prison because of earmarking. Another costs, $400 billion in food increased shouted down in this body because they Member of Congress recently got out of costs, and $141 million in mandatory were told their responsibility was to prison. It was earmarking. We just saw new spending, mandates to the States. the country as a whole, not to the priv- that the former majority leader of the This one does none of that. ileged, well-connected, well-knowing U.S. House of Representatives was con- What does this bill do? This bill uses few who helped them come up here. victed in court in Texas, and ear- common sense to say what really con- We have a problem, and the problem marking played a major role. The sys- trols our food safety. Our food safety is isn’t earmarks; the problem is the contem of rewards for campaign contribu- controlled by market forces more than fidence of the American people. They tions was an important factor in that anything. And if you look at our his- see the conflicts of interest associated conviction. tory on foodborne contamination, we with earmarks. It is not wrong to want So for many years I have been com- are by far the safest in the world, and to help your State. It is not wrong to ing to this floor to express my frustra- our rates have been coming down since go through an authorizing process tion with this corrupt practice. It has 1996. Over the last 14 years, our rates where your colleagues can actually see been a lonely fight and hasn’t won me have come down in terms of foodborne it. It is wrong to hide something in a many friends in this body. I understand illnesses. bill that benefits you and the well- that. But I also want to point out that I am not fighting against food safety; heeled few without it being shown in my criticisms have not been directed I am fighting for common sense. What light to the American people. just from the other side of the aisle. we see in the bill we are going to vote If we are to solve the major problems Earmarking is a bipartisan disease, and on versus the alternative which I am that are in front of this country over it requires a bipartisan cure. After so going to offer is one builds and grows the next 2 or 3 years—and they are the many years in the trenches to elimi- the government, one raises the cost of largest we have ever seen, they are the nate this practice, I am pleased the government, and ultimately we will be biggest problems we have ever seen in American people are demanding that taxed to pay for that. One raises the this country—we have to restore the they stop this practice. price of food and one puts unfunded confidence of the American people. As my colleagues know, earlier this mandates on the States. Utilization of an earmark is not our month the Senate Republican caucus I am saying that we can accomplish prerogative; it is our pleasure. We unanimously adopted a nonbinding res- exactly the same goal as my chairman, claim a power that we have in fact cre- olution to put into place a 2-year ear- the Senator from Iowa, would like to ated. We do direct where the money mark moratorium. I applaud my fellow

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They should not be we are not doing right by them, that corrupt practice of earmarking. spending thousands and thousands or we are not careful stewards of their tax Mr. President, I have had a lot of tens of thousands of dollars for a lob- dollars, that we are engaging in prac- communications and relations with byist to come here to get an earmark. tices that need to stop which has dis- and even attended tea party rallies They should have their desires and connected us from the American peo- across my State. There is very little their needs and their requirements con- ple. We need to connect again with the doubt that a real revolt is going on out sidered on an equal basis with every- American people. there. I can’t call it a revolution be- body else’s, not only in their State but I am going to hear the arguments cause I don’t know how long it is going in this country. But now they believe that it is only a few dollars, not much to last. I don’t know how it is going to the only way they will get their pork money, and we don’t trust the Federal be channeled. I don’t know exactly or their project done is through the Government to do it. I have heard all where this movement will go. But I do hiring of a lobbyist. of those arguments year after year. I know it involved millions of Americans The Heritage Foundation goes on: have watched year after year the ear- who had never been involved in the po- They encourage spending. While there may marks go up and up. I have seen the litical process before because of their not be a causal relationship between the two, corruption. Senator DORGAN and I had anger and frustration over our prac- the number of earmarks approved each year hearings in the Indian Affairs Com- tices here, and they believe ear- tracks closely with growth in federal spend- mittee about a guy named Jack marking is a corrupt practice. They being. Abramoff. We saw firsthand the effects lieve their tax dollars should not be Then the Heritage Foundation says: of unscrupulous lobbyists and the mil- earmarked in the middle of the night, They distort priorities. Many earmarks do lions and millions of dollars they got in without any authorization, without not add new spending by themselves, but in- earmarks as a result of their corrupt hearings. stead redirect funds already slated to be influence. There are many Jack The Senator from Oklahoma just spent through competitive grant programs Abramoffs in this town; they just pointed out $380 billion in earmarks. or by states into specific projects favored by haven’t gotten famous. Some of those earmarks are worthy. If an individual member. So, for example, if a Mr. President, again, I thank Sen- member of the Nevada delegation succeeded ators COBURN, UDALL, MCCASKILL, and they are worthy, then they should be in getting a $2 million earmark to build a bi- authorized. So what has happened? others who support this amendment. cycle trail in Elko in 2005, then that $2 mil- As I said 20-some years ago, we will What we have seen in the last 30 years lion would be taken out of the $254 million or so is an incredible shift from the allocated to the Nevada Department of keep coming back and back and back hands of many to the decisions of a Transportation for that year. So if Nevada to the floor of this body until we clean few. We don’t do authorization bills had wanted to spend that money fixing a up this practice and restore the con- anymore. We don’t do an authorization highway in rapidly expanding Las Vegas, fidence and faith of the American peo- bill for foreign operations. We don’t do thanks to the earmark, they would now be ple—the people who send us here to do out of luck. an authorization bill for all of these their work, not our work. other functions of government for So what we do is deprive the Gov- Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- which there are requirements because, ernors and the legislators from setting the priorities they feel are the prior- ator from Hawaii. what do we do? We stuff them all into Mr. INOUYE. Mr. President, I rise the appropriations bills. Then the ities for their States. And all too often, the earmark is not what the State or this evening—— members of the Appropriations Com- Mr. COBURN. Would the Senator mittee make decisions that are far- the local citizenry or town or county needs as their priorities because they yield for a unanimous consent request? reaching in their consequences, with Mr. INOUYE. I yield. incredibly billions of dollars, without are decided with the influence of lobby- Mr. COBURN. Mr. President, I ask the authorizing committees carrying ists in Washington. I say, with all due unanimous consent that after the out their proper role of examination, respect to the appropriators, they don’t chairman of the Appropriations Com- scrutiny, and approval. know the needs of my State like I mittee speaks we alternate back and The way the system is supposed to know the needs of my State, and not forth. We are planning to turn in a work—and did for a couple hundred nearly as much as the mayor, the city bunch of our time—to yield back a years—is that projects, programs, council, the Governor, and the legisla- bunch of our time—and I would suggest ture. Let them make the decision whatever they are, are authorized, and that Senator UDALL be given 8 minutes then the appropriators appropriate the where these moneys should be spent, after the chairman of the Appropria- certain dollars they feel necessary to and not on a bike path instead of im- tions Committee, and following him proving a highway. make this authorization most effective Senator LEMIEUX, with an intervening and efficient. So we don’t authorize Mr. President, I could go on and on. statement from the other side, followed I come down here year after year and anymore. We only appropriate. That is by Senator MCCASKILL for 10 and Sen- look at the porkbarrel projects and wrong. That really puts so much power ator INHOFE for 15 minutes, alternating in the hands of a very few Members of earmarks, and we discuss the ones that back and forth. this body and, inevitably, it leads to are the most egregious and then I am The PRESIDING OFFICER. Without corruption—inevitably. amused and entertained by Members objection, it is so ordered. The Heritage Foundation wrote a re- who come down and defend many of Mr. COBURN. I thank the chairman port I urge my colleagues to read. It is these absolutely unneeded and unnec- for yielding. entitled ‘‘Why Earmarks Matter.’’ The essary projects. I will not go into many The PRESIDING OFFICER. The Sen- first point they make is this: of my favorites at this time. I know my ator from Hawaii. They invite corruption. Congress does have colleagues are waiting to speak. Mr. INOUYE. Mr. President, I rise a proper role in determining the rules, eligi- I ask my colleagues to understand this evening to speak against the bility and benefit criteria for federal grant the voice of the people of this country. Coburn amendment which imposes a programs. However, allowing lawmakers to I just read today that more seats were moratorium on congressional initia- select exactly who receives government gained by the Republican Party than in tives for the next 3 years. grants invites corruption. Instead of enter- any election since 1938. Since 1938, Mr. President, our Founding Fathers ing a competitive application process within a federal agency, grant-seekers now often there has not been such a political up- bestowed upon the Congress the au- have to hire a lobbyist to win the earmark heaval in this country. That is not be- thority to ensure that the people’s rep- auction. Encouraged by lobbyists who saw a cause our constituents have now fallen resentatives would make the final deci- growth industry in the making, local govern- in love with Republicans. That is not sion upon spending, not the executive

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branch. They had lived under a mon- tives make up less than 1⁄2 of 1 percent on. Of course, the Internet makes all archy in which the power of the purse of the total Federal spending. If we ac- earmark requests available to the press resided with the Executive, and they cept this proposal to eliminate all ear- and to the public. The Internet also had no desire to repeat that experience. marks and take the second necessary makes all campaign contributions over In short, our Founding Fathers did not step of actually applying the savings to $200 equally accessible. So where is the want another King, they wanted a deficit reduction, the total deficit for so-called corruption? Where are the se- President but a President whose power the United States would still be $1.3 cret deals? I would like to know about would be held firmly in check by a co- trillion. them. equal Congress. If opponents were serious about Further, I remind my colleagues that None of us should be surprised that eliminating the deficit and paying in 2010, funding for earmarks is less President Obama is expressing his op- down the national debt, they would than half of the $32 billion in earmarks position to earmarks. A ban on ear- offer a specific plan for cutting the $1.2 provided in 2006. marks would serve to strengthen the trillion in spending or for increasing I have spent considerable time refut- executive branch of government by em- revenues. Instead, they choose to mising the misinformation being spread by powering the President to make deci- lead the American people by implying those who are opposed to congression- sions that the Constitution wisely that we can balance the budget by cut- ally directed spending initiatives. If I places in the hands of Congress. This is ting a tiny fraction of Federal spend- may, I would like to highlight a few ex- the exact same reason Presidents Clin- ing. amples of why the practice of ear- ton and Bush sought the line-item veto Calling for the elimination of con- marking is indeed necessary. during their Presidencies. gressional earmarks is a legitimate As chairman of the Defense Appro- As I have said many times before, the philosophical position to take, al- priations Subcommittee, I have wit- people of Hawaii did not elect me to though not one with which I agree. nessed the benefits of earmarks first- serve as a rubberstamp for any admin- However, to suggest that earmarks are hand over many years. I have pre- istration. Handing over the power of the cause of our deficit of $1.3 trillion viously discussed the benefits to our the purse to the executive branch is irresponsible. troops and our Nation of the Predator Adding to this misleading rhetoric would turn the Constitution on its drone—the pilotless drone that is able are allegations that congressionally di- head. to pick up enemy sites without endan- So I must admit, Mr. President, I rected spending is an inherently cor- gering our troops. I have pointed to the find it puzzling that some Republicans rupt practice that is hidden from the new bandages that quickly stop bleed- would want to grant all authority over public eye. That allegation is simply ing in serious wounds that have saved spending to any President but espe- false. We all recognize that the prac- countless lives of our soldiers fighting cially a Democratic President. Make tices of the previous majorities led to in Iraq and Afghanistan. Mr. President, no mistake, that is exactly what this significant abuses of the system. How- these are earmarks. amendment will do. ever, since we recaptured the Congress Let me now turn to other areas of the We have heard numerous misleading in 2006, Democrats have instituted a se- Federal budget. I will start by remind- arguments from opponents of ear- ries of major reforms that now hold ing my colleagues that one of the most marks, but several in particular seem Members accountable and have made successful programs for low-income to be repeated again and again. I can- earmarking more transparent than women and infants started out as an not allow the misinformation or mis- ever. That is the law. representation to go unanswered. I would ask any of my colleagues: earmark. In the 1969 Agriculture appro- First and foremost, opponents falsely Can anyone name another part of the priations bill, Congress earmarked claim that earmarks contribute to the Federal budget—and let me remind my funds for a new program called WIC to deficit. Perhaps the strongest pro- colleagues we are talking about less provide critical nutrition to low-income women, infants, and children. ponent of this argument is the junior than 1⁄2 of 1 percent of the budget—that Senator from South Carolina who statis subject to more scrutiny than ear- Over the past 41 years, this program ed the following in a fundraising letter marks? has provided nutritional assistance to he sent out in October: The Appropriations Committee re- over 150 million women, infants, and I am not willing to bankrupt my country quires every Member to post his or her children, making a critical contribu- for earmarks. request 30 days prior to the commit- tion to the health of the Nation. This It is a fine statement. This is but one tee’s consideration of the relevant ap- vital program has provided much need- example of the many times over the propriations bill. The committee reed assistance to millions, and it came past year in which so-called deficit quires every Member to submit a letter into existence as an earmark. hawks have falsely asserted that ear- that he or she does not have a pecu- In 1969 and 1970, Congress earmarked marks are the root cause of our Na- niary interest in the projects for which $25 million for a children’s hospital in tion’s fiscal problems. This is espe- the funding is being requested. The Washington, DC, despite the objections cially galling when you consider that committee’s Web site provides a link to and the veto by the President. That many of these same individuals sup- to every single Member’s request. funding resulted in what we know ported the policies that led directly to These are all reforms that were imple- today as the Children’s National Med- the current budget crisis. mented when the Democrats took con- ical Center. Children’s Hospital has be- In the interest of setting the record trol of the Senate and the House. come a national and international straight, and as chairman of the Sen- To pretend and suggest that ear- leader in neonatal and pediatric care, ate Appropriations Committee, I feel marks are being doled out in a busi- providing health care to over 5 million compelled to point out to my col- ness-as-usual manner reflective of pre- children since its doors opened. Again, leagues that eliminating earmarks vious Congresses is flatout misleading. I note this was an idea—an earmark— would do virtually nothing to balance Reforms have been made that allow directed by Congress and vetoed by the the Federal budget. This is a cynical great projects that provide benefits to President. attempt to distract the American peo- the Nation and to individual States In 1987, Congress earmarked funds at ple from the serious challenges before and districts to be funded while ensur- the request of Senator Domenici for us and nothing more. ing that the abuses of the early and mapping the human gene. This project The numbers clearly demonstrate mid-2000s are a thing of the past. There became known as the human genome just how misleading the arguments of can be no doubt that we have entered project. This research has led to com- earmark opponents are. According to an age of real transparency when it pletely new strategies for disease pre- the most recent Congressional Budget comes to earmarks. vention and treatment, including the Office estimate, Federal spending for Moreover, each and every earmark discoveries of dramatic new methods of fiscal year 2010 totals about $3.5 tril- that comes before the Senate today is identifying and treating breast, ovar- lion, and revenues for that year total listed in the committee report so that ian, and colon cancers. No one disputes about $2.2 trillion, resulting in a deficit all Members are able to identify them that these advances will save many of $1.3 trillion. Congressional initia- and know exactly what they are voting lives, and it all began with an earmark.

VerDate Mar 15 2010 04:21 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.045 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8235 This was a project that was not sup- nearly every weekend to meet with emblematic of how poor our budgeting ported by unelected agency bureau- constituents have a much better under- habits have become. Members of Con- crats in the executive branch, and thus standing of what is needed in our cities gress have become so focused on pro- would never have made it into the and towns across rural America than tecting their pet projects that they feel budget without congressional interven- do the bureaucrats sitting in Wash- pressure to not speak up about tion. ington. Congress’s spending habits. In fact, I In the early 1990s, I pursued, along For all these reasons, I will continue suggest that earmarks lure Members with my dear friend, the Senator from to defend the right of Congress to di- into habitually voting for increased Alaska, the late Ted Stevens, an ear- rect spending to worthy projects as spending so as not to jeopardize their mark through NOAA to fund a tsunami long as I am privileged to serve in the own earmarks. warning system. This earmark came Senate and call attention to those who In addition, from a practical stand- under attack in the late 1990s and early distort the facts of the subject. point, I believe Congress spends its 2000 by a few Members as wasteful I urge my colleagues to vote against limited time and resources shuffling spending. Of course, in this particular the Coburn amendment. We have al- earmarks when we could be conducting case, as in many others, time and ready taken significant and forceful much needed oversight, making our events would prove this to be a wise in- steps to ensure the abuses of the past Federal Government leaner and more vestment of tax dollars. are not repeated. This amendment ig- responsive to the people. This diversion We all remember that on December nores those steps while at the same means earmarks are partly to blame 26, 2004, the Indian Ocean tsunami oc- time deprives the Congress of essential for the lack of oversight necessary to curred, killing over 200,000 people in 14 constitutional prerogatives. It does ensure that the remaining 99 percent of countries. Two years later, the Repub- nothing to decrease the debt and is de- the Federal budget is well spent. If we lican Congress passed and the Bush ad- signed to give political cover to those had extra money to spend, that would ministration signed into law the Tsu- who lack a serious commitment to def- be one thing, but we are truly in a deep nami Warning and Education Act. This icit reduction. fiscal hole, and we need to stop legislation was based on the foundation I yield the floor. digging. Earmarks are only a small established by the 14 years of ear- The PRESIDING OFFICER. The Sen- part of why we are in that spending marking for the Tsunami Hazard Miti- ator from Colorado. hole, but banning them now, in my gation Program. Mr. UDALL OF Colorado. Mr. Presi- view, will be a small but important A congressional initiative that began dent, I will take a few minutes, if I can, step toward fiscal discipline. in 1998 at the behest of Senator GREGG to speak in favor of the bipartisan ear- Ultimately, I believe that all Colo- would lead to the creation of the Na- mark moratorium amendment before rado families, and Americans, are the tional Domestic Preparedness Consor- us. This is the amendment that Sen- ones who will be hurt if we do not tium, which is now the principal vehi- ator COBURN, Senator MCCASKILL, Sen- begin to reform spending and control cle through which FEMA identifies, de- ator MCCAIN, and I have introduced. our debt. We will have many more op- velops, tests, and delivers training to I wish to specifically start by talking portunities to address our crushing State and local emergency responders. about what I have heard in Colorado. deficits in the coming months and The program began as a series of ear- There is an old saying—I know it is years, but banning earmarks is the marks for several nationally recog- widespread; you hear it all over our right place to begin down this path of nized organizations which focused on great country—that if you are in a fiscal responsibility. counterterrorism preparedness and re- hole, you stop digging. That sums up I urge my colleagues to support this sponse needs of the Nation’s Federal, what I have heard from many Colo- important small step to fiscal responsi- State, and local emergency first re- radans who are justifiably worried bility. It is a bipartisan amendment. I sponders and emergency management about our Federal deficit. I believe we look forward to the vote tomorrow, and agencies. As a result of the training cannot climb out of that hole we have I know many of my colleagues are and expertise providing by NDPC mem- dug for ourselves unless each one of us going to join me and this bipartisan bers, thousands of New York City first here in the Senate—and, frankly, group of Senators who believe it is now responders had been through counter- across the Rotunda in the U.S. House time to reform this earmarking terrorism preparedness and response of Representatives—takes ownership of projects. training at the centers prior to the 9/11 this problem and agrees to pitch in to I yield the floor. terrorist attacks. solve it. The PRESIDING OFFICER. The Sen- There are thousands of other ear- I have long pushed for the President ator from Iowa. Just a moment. marks just like these that, over the to have line-item veto authority, and The understanding was to alternate years, have made a difference in the we ought to restate pay-as-you-go between those who are opposed and lives of Americans, projects the bu- spending which served us so well in the those who are supporting. reaucrats in downtown Washington 1990s, among other measures. But we The Senator from Iowa. never hear about because they do not can’t just continue to talk about these Mr. HARKIN. Mr. President, I ask if communicate with constituents on a reforms; we need to take action. That I could have 15 minutes. regular basis, programs such as the is why I have joined a chorus, a grow- Mr. INOUYE. I yield 15 minutes. Predator and the Human Genome ing chorus of legislators on both sides Mr. HARKIN. Mr. President, I thank Project that are so innovative that an of the aisle to end the practice known the Senator from Hawaii for yielding unelected, unaccountable government as earmarking. me 15 minutes of our time. official is reluctant to include them in I know many people will argue that I challenge anyone—even my friend the budget out of fear that he or she earmarking does not significantly con- from Colorado who just spoke, a new will be accused of wasting taxpayer tribute to the budget deficit. But, with Member of this body—I challenge any- funds on an unproven technology. all due respect, I disagree with that ar- one to identify any other part of the Other Members will be speaking gument, and I believe it misses the Federal budget that is more trans- against this amendment and will have point. It is true that earmarks are a parent, more open, more subject to examples of why simply stopping all tiny fraction of money we spend each scrutiny, more accessible to the media earmarking is wrong and detrimental year—less than 1 percent of the Federal and the public than congressionally di- for government and our citizens. The budget or $16 billion last year, accord- rected funding or earmarks. Every Founding Fathers bestowed upon Con- ing to numerous watchdogs. It is also Member who requests an earmark in an gress the responsibility to determine true that some earmarks may be appropriations bill must post his or her how our taxes should be spent, rather worthwhile, even necessary projects. request online at least 30 days before than leaving those decisions to But because earmarks are inserted in the Appropriations Committee con- unelected bureaucrats in the adminis- spending bills by lawmakers, thereby siders the bill. Every Member who re- tration, and obviously with good rea- circumventing the budget process, they quests an earmark must certify that he son. Certainly we can all agree that are both a symptom and a source of the or she does not have a pecuniary inter- Members of Congress who return home spending problem in Congress and are est in those requests. Each and every

VerDate Mar 15 2010 04:21 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.045 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8236 CONGRESSIONAL RECORD — SENATE November 29, 2010 earmark that comes before the Senate IG reported that, of the 157 grants That is executive branch earmarking. is listed in the committee report for all awarded under the program, 134 had Again, as I said, it makes no difference to see, and if you log on to the com- been awarded without any competition. whether the President is a Republican mittee Web site, you can find a link to Noncompetitive awards accounted for or Democrat. It is a matter of respect- every single request any Member has 87 percent of the total funding, and the ing the Constitution and preserving the made. It is all out there in the open. inspector general found many serious constitutional prerogatives of the leg- I remind people of this because one of lapses in the award process. For exam- islative branch. Some people say: Well, the misleading arguments against con- ple, a failure to explain why there was HARKIN, why do you fight so hard for gressionally directed earmarks is that no competition; the lack of any docu- these earmarks? As Senator UDALL they are supposedly done in secret, hid- mentation regarding potential con- says, it is 1⁄2 percent of total Federal den from the public eye. At one time, flicts of interest. spending. I fight so hard because the that may have been true to some ex- So was it any surprise when we found Constitution gives that power to the tent but today, thanks to reforms that out that some of these noncompetitive legislative branch. We should protect were implemented by Democrats, by a grants went to organizations that sup- the constitutional prerogatives of the Democratic House and a Democratic ported President Bush’s reelection legislative branch, not just willy-nilly Senate in 2007, there is more sunshine campaign or was this just a coinci- give them to any President of the on congressionally directed spending dence? Let’s not be naive. This hap- United States, which is what the than on any other spending decisions pens. I may have pointed out President Coburn amendment does. in the entire Federal Government. Bush because it happened to be an in- Read the amendment carefully. See There is more sunshine on congres- vestigation I asked for. It happens how it defines ‘‘earmarks.’’ It applies sionally directed funding than on any under Democratic Presidents too. only to ‘‘a provision or report language other Federal spending in the entire If this amendment passes, if the included primarily at the request of a Federal Government. Why do I empha- Coburn amendment passes, there will Senator or Member of the House of size that? Let’s consider how the exec- still be earmarks. There will be ear- Representatives.’’ utive branch—the President—directs marks, but only the executive branch There is nothing in the Coburn spending to States and local commu- will be able to do it. They will have the amendment to prohibit any earmarks nities. Make no mistake about it, the power to designate where those ear- by the President. They can earmark executive branch earmarks funding, marks go, and that flies in the face of anything, and they will because they but there is very little sunshine when the clear intent of the Constitution. always do. They will earmark, and it comes to those decisions. They are Article 1 of the Constitution expressly guess what. Senators—Senators—will very hidden. gives the power of the purse to the start going to the President and say- When a Federal agency announces Congress. We are all familiar with the ing: Mr. President, can you, please, I that a facility should be built in Ne- principle of checks and balances. need that bridge. I need that flood con- braska rather than Texas or Alabama One way the Constitution puts a trol project. We just had a disaster, Mr. or whether a defense contract should check on the executive branch is by President. go to a company in Colorado or Ari- giving this branch, the legislative Well, Senator, I will think about it zona rather than Rhode Island or Ohio, branch, the final say on spending. I when we set our priorities next year. Well, now, Senator, how are you going there may be no accountability to vot- have said so many times that the to vote on my priorities? ers for those decisions. The employees President of the United States cannot Do you want to be in that position? I spend one dime that we do not author- of Federal agencies are civil servants. do not want to be in that position. I ize him to, and we can take it all back They are good people, but they are not want to be in the position where Con- if we want. Oh, they have set up an ex- elected. They do not meet with congress fulfills its Constitutional prerog- stituents. They cannot possibly under- ecutive branch but only because Con- ative. So under the Coburn amend- stand the needs of local communities gress gives that power to the Presi- ment, if Congress requests, it is an ear- as well as those who stand for election. dent. mark; if the President requests, it is Most important, no one knows when The Constitution gives Congress the not an earmark. How does that make final say on spending. I realize the Con- those civil servants get a phone call sense? How does that make sense? from their bosses, higher up, telling stitution may seem like ancient his- Well, here is an example again of the them, for example, to jiggle, to rig a tory to some people. I am sorry to say double standard. The fiscal year 2011 grant competition for political reasons. it may seem like ancient history to Labor, Health and Human Services, Does anyone doubt that is done? Every some Members of this body. So let me Education appropriations bill that the single year it is done. paint a picture of a world where only Senate will probably vote on in Decem- Frankly, Senators and Congressmen the executive branch can decide to di- ber includes funding for national edu- do it. What Senator worth his or her rect Federal spending. Let me paint cation groups such as Teach for Amer- salt or any Member of the House fight- this picture. Let’s imagine the Coburn ica, Reading is Fundamental, Reach ing for their constituency doesn’t call amendment passes and a future Presi- Out and Read, the National Writing up the Secretary of Transportation, dent wants Congress to pass a bill. It Project, and many others. These are Secretary of Housing and Urban Devel- can be a Democratic President or it successful, proven programs with sig- opment, Secretary of Defense? We all can be a Republican President. It does nificant bipartisan support. do it. We all do it to protect our own not matter. But under the definition of the constituents. And if you happen to be The vote on the bill is going to be Coburn amendment, all are earmarks on the right committee—for public close. The President calls Senator and none would be funded. They would works, maybe, or for education or for Jones and says: Senator, I would like all be eliminated. But under the terms the myriad of things the Federal Gov- your support on this bill. Senator of the Coburn amendment, if the Presi- ernment does—those Secretaries tend Jones says: I am sorry, Mr. President, dent wanted to fund those programs, to pay attention, and they especially I have thought hard about it. I am not no problem. They would not be consid- pay attention if they are in the same going to be able to support that bill. ered earmarks at all and they could re- party you are or they may pay atten- Oh, there is probably a little pause ceive funding, as long as the President tion if they want your vote for some- on the phone, and the President says: wanted to do it. Again, I ask, what thing else. You know, Senator, I know that re- sense does that make? An example: A few years ago during placing that bridge in your capital city My State of Iowa had terrible floods the Bush administration, I asked the is real important to you. It would be a in 2008—a lot of damage. Louisiana and inspector general to examine a pro- real shame if your State missed out Texas have had destructive hurricanes gram in the Employment and Training when the executive branch is setting on a regular basis. In the wake of these Administration called High-Growth its priorities for next year. Now, Sen- disasters, typically the Corps of Engi- Jobs Initiative. It sounds great, doesn’t ator Jones, would you like to recon- neers comes up with a plan to mitigate it—High-Growth Jobs Initiative. This sider how you are going to vote on that the damage from future possible disas- was an executive branch program. The bill? ters. For example, the Corps is now

VerDate Mar 15 2010 04:21 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.047 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8237 working to improve a flood prevention cept for what she wants as an earmark. marks before I got here. I knew that program in Cedar Rapids, IA, which That is it. Congressman MICA of Flor- there was a problem with Federal was devastated by the worst flood in ida said: ‘‘There are some bills that re- spending. But I had not yet made a de- the history of Iowa in 2008. quire some legislative language to di- cision as to whether I would support If the Coburn amendment passes, rect the funds, otherwise you’re just earmarks. whatever the Corps plan comes up with writing a blank check to the adminis- When you hear about a project for will be final, even if local officials tration.’’ That is a Republican Con- your home State, whether it be for a strongly disagree with that. Under the gressman from Florida. hospital or for a road or for a bridge or terms of the Coburn amendment, a Congressionally directed spending is for a sewage treatment plant—and for strong case may be made that any leg- congressionally directed spending the folks who are at home who are islative action by Members of Congress whether it is a highway or a hospital, watching this, if they have not yet to modify the Corps plan would be an whether it is in Wyoming or Tennessee. found Monday Night Football on their earmark—an earmark. Representing I, for one, am proud of the directed television and may have stumbled my constituents, it would take an ex- funding that I have been able to secure across C–SPAN, these projects all traordinary two-thirds vote in the Sen- on behalf of my State and for other sound very good, and a lot of them are ate to change the Corps of Engineers States that I have worked hard for or very good. plan—not a majority, not 60 percent other entities such as Teach for Amer- I hear from a lot of people in my but two-thirds of the Senate. Again, I ica. It does not necessarily help Iowa State wanting me to support a par- again ask you, what sense does that but it helps a lot of States. ticular project via an earmark. An ear- make? How are we fighting for our con- These fundings have created jobs, mark is a Member-driven appropria- stituents when the President decides trained nurses, built roads, and, as the tion, where a Member of Congress says: it; we cannot. distinguished chairman said, one time I I want this specific spending for my We have local constituents who say: remember when Pete Domenici put home State or for an issue or project We have better ideas and plans on what that money in there for the Human Ge- that I think is important. They come to me and they say: We to do. The Corps says no. Well, that is nome Project, it led to the establish- need this project. We need this funding. the end of it, unless the President tells ment of the Human Genome Institute We need this research. It all sounds the Corps what to do. I do not want to and a complete mapping and sequenc- good. I think in a world where our fi- lose my ability to intervene effectively ing of the human gene. Had that money nancial house was more in order, there for local or State officials when this not been directed, it never would have could be a role for those earmarks, if kind of issue arises, and I do not think happened, I say to my chairman. Senators from Texas, Louisiana or any transparent. So a lot of times Congressmen, Sen- But I cannot support them in the sit- other State want to lose their ability ators have good ideas on what to do to to stand for the best interests of their uation we are in. The chairman of the direct some of this funding. I think we Appropriations Committee, just a few State. I cannot imagine any Senator ought to be proud of that. As long as who would forfeit this important con- moments ago in his speech, raised the the sunshine is on it, it is out in the point that this Congress in last year’s stitutional prerogative, give up, give open, everybody knows where it goes, up your constitutional prerogative to budget was $1.3 trillion in deficit. everybody knows who has requested it, It is our constitutional responsibility the President, so you would not be able to me, this is the constitutional pre- to fight for your State and your con- to appropriate. That is what article 1 rogative of the Senate and the House, stituents. Is that what you are going to says. The power of the purse lies in the and we should not—should not—give it tell them? Congress. Congress has not been doing Proponents of this amendment say: up to any President. a very good job—$1.3 trillion in debt, in I yield the floor. Forget about article 1 of the Constitu- deficit, in just 1 year. It took 200 years The PRESIDING OFFICER. The Sen- tion. We have to do whatever it takes for this country to go $1 trillion in ator from Oklahoma. to cut the deficit. The only way to do debt. We just incurred a $1.3 trillion Mr. INHOFE. I ask unanimous con- that is to ban earmarks. deficit. This is grossly misleading. Yes, we do sent, to get an order so we know what Those who are in favor of continuing need to cut the deficit. Banning ear- we are doing after we hear from the earmarks and who are against this pro- marks will not do anything to help. Senator from Florida, Mr. LEMIEUX, hibition say: Look, it is just a small Congressionally funded mandates, as and then the words from the Senator percentage; it is $16 billion. In light of I said, are less than one-half of 1 per- from New Jersey, Mr. LAUTENBERG, a $1.3 trillion deficit, what is a mere $16 cent of total Federal spending. As one that I then would get my 15 minutes billion? Frankly, that argument observer noted: The best way to lose from this side to run consecutively doesn’t ring true with the people of weight is to shave. My friend, Senator from the 15 minutes I would get from Florida. When one talks to a Floridian UDALL, said reforms circumvent the the distinguished Senator from Hawaii. and says there is $16 billion in spend- budget process. No, it does not. Noth- The PRESIDING OFFICER. Without ing, that is still a lot of money to reg- ing we do on appropriations at all cir- objection, it is so ordered. ular people. cumvents the budget process. The Senator from Florida. But it is more than that. When I He said: When you are in a hole, stop Mr. LEMIEUX. Before I start my re- came here and started to vote on ap- digging. Well, sure, we can stop marks, I ask unanimous consent to be propriations bills, in the first few digging. We can stop the earmarks added as a cosponsor to Senator months of 2009, I noticed those appro- here. We are just going to shift them to COBURN’s amendment. priations bills were 5, 10, 15, 20 percent the President. That is all. That is all The PRESIDING OFFICER. Without more than the last year’s appropria- that is going to happen. objection, it is so ordered. tions bills. No wonder the country is so Lastly, I had to laugh when I read Mr. LEMIEUX. Mr. President, it oc- far in debt, nearly $14 trillion. It is es- this quote from Representative curs to me that when I address this au- timated that by the end of the decade, MICHELE BACHMANN in the House. This gust Chamber tonight—and I follow my it will be 26. We spend $200 billion a was in Congressional Quarterly Today. colleagues who have served here for a year on interest now, the debt service She is founder of the House Tea Party very long time and with distinction; I on programs we couldn’t afford in the Caucus, one of several lawmakers who am new to this Chamber—I have a dif- past. It will be $900 billion by the end have pledged not to seek earmarks. But ferent perspective. of the decade because the appropria- she told the Minneapolis Star Tribune But my comments tonight are not tions bills go up and up and up. she thinks the word ‘‘earmark’’ should meant without respect because I have a I believe, sitting here, with all due not apply to infrastructure projects. ‘‘I great deal of respect for those who respect, and listening to my colleagues, don’t believe that building roads and have spoken in opposition to this part of the reason those appropriations bridges and interchanges should be amendment, but I have a differing bills get support is because there are considered an earmark.’’ view. I am new to the Senate, as you Member projects in them. You can’t Oh, so she gets to decide what is an know. I came here last year, in 2009. I vote against the bill once your home- earmark. She wants no earmarks ex- did not have a specific position on ear- town project is in it. It is the engine

VerDate Mar 15 2010 04:53 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.048 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8238 CONGRESSIONAL RECORD — SENATE November 29, 2010 that drives the train. So it is not losing 8 years of tax cuts for the wealthiest Hudson County sits just across the weight by shaving, as my distinguished among us brought a $2 trillion increase river from New York City, right in the colleague analogized. It is, as Senator in the national debt. But we never hear heart of one of the most vulnerable MCCAIN said, the gateway drug. It en- about that. areas in the country for terrorism. ables the spending we can’t afford. Earmarks are a vital investment for This year’s Homeland Security ap- We have to solve these spending prob- our communities. They help build lev- propriations bill includes funding for lems. The future is in jeopardy. We ees, dams that protect coastal towns an emergency operations center so that can’t afford $900 billion in interest pay- from flooding. Look at the water short- the county can prepare and respond to ments. What will this Congress do ages across the country. A lot of these emergencies and potential terrorist when the interest payment alone is are helped by earmarks, by congres- threats. One of the most serious prob- $900 billion? This is not 20 years from sionally designated programs. We ear- lems we saw on 9/11, when 3,000 people now. This is not 40 years from now. mark funds for waste and drinking perished that day, was because the po- This is 10 years—really 9 years from water problems, very serious problems. lice departments could not talk to one now. I contend this government will These are not frivolous ideas. They another, because first responders could not function with a $900 billion interest help police departments, first respond- not talk to one another, because fire- payment. ers, hospital upgrades, and the pur- men could not talk to their leadership Maybe this is emblematic, but I be- chase of new equipment. Look at trans- and died that day. Thousands more are lieve it is more than that. If we can’t portation. It is falling apart. These ear- now sick from the dust and the atmos- do the easy things, how is this Con- marks, congressionally designated, phere that was created as a result of gress going to do the hard things? How build roads, bridges, and rail stations the demolition resulting from the at- is it going to cap spending? How is it that strengthen our transportation in- tack. This amendment would eliminate going to cut spending? frastructure. One wouldn’t know any of funding for this vital program. Yet The President announced today a this by listening to the critics of des- those who criticize these projects are moratorium on pay increases for Fed- ignated funding from those sent here the very same ones who were all too eral employees. That is a good start. by our States to represent them with a happy to provide earmarks when they But there are 270,000 new Federal em- special knowledge of their needs and were in charge. ployees since this administration took requirements. These critics have dis- I don’t want to fool the public. Let over, according to the Cato Institute, missed earmarks as an example of them understand what is going on here. 270,000 new employees with average sal- wasteful, runaway government spend- We are seeing raw politics at work. aries of about $70,000 a year. We can’t ing. We hear them called dirty pro- Earmarks make up just one-half of 1 nibble around the edges, not with a $1.3 grams, et cetera, mocking them. percent of the Homeland Security bill trillion deficit this year alone, and not To these critics I say: I would like for fiscal year 2011 that was passed by with $26 trillion staring us in the face you to see what happened in Jersey the Senate Appropriations Committee. by the end of the decade. City, NJ, where an earmark enabled I was proud to author that bill as the The future of the country is at stake. the Metropolitan Family Health Clinic chairman of the subcommittee, build- Our Founding Fathers gave this Con- to now screen women for breast cancer ing on the work begun by our recently gress the power of the purse, but with for the first time, thanks to new equip- departed Senator Byrd. that power comes a responsibility not ment funded by an earmark. Or tell it Compare this to the fiscal year 2006 to run the country into the ground to the millions of people whose liveli- bill which was written when our col- with deficit spending. hoods are connected to the ports of leagues on the other side controlled the This is an important step. It is a first New York and New Jersey. Earmarks Congress. Under Republican control, step. It needs to be done. What needs to permit us to deepen the harbor at our earmarks in the Homeland Security ap- be tackled next is much more dif- port so ever larger vessels can bring propriations bill were 60 percent higher ficult—the across-the-board spending the cargo to our ports and help stimu- than the fiscal year 2011 bill. cuts that will have to come, tackling late the economy. That means 230,000 In addition to funding emergency op- Social Security, tackling Medicare and jobs and is a critical component of our erations centers, the Homeland Secu- making sure those programs are there region’s economy. Local communities rity bill funds important research that for our seniors now but are reformed in rely upon this kind of funding in times helps our Nation discover new ways to a way that will save them for the fu- like these when so many State and prevent potential terrorist attacks and ture and not run this country into a fi- community budgets are stretched thin respond when they happen. Earmarks nancial hole it can’t get out of. My and revenues shrink and even philan- also help to strengthen the Coast friend from Colorado, who was coura- thropy is drying up all over the coun- Guard whose mission and value contin- geous to talk on this issue tonight, try. ually increase. It is not wasteful spend- said: When you are in a hole, stop The fact is, hundreds of communities ing. Over the years many people have digging. This is the first step. If we and nonprofit organizations across the recognized the value of these programs. can’t take this easy step, I don’t know country are expecting to receive con- Democrats and Republicans alike how in the world Congress is going to gressionally earmarked funds for the proudly included earmarks for worth- take the harder steps that must happen unfinished fiscal 2011 appropriations while projects in their States. In fact, if we are going to save this country. bills. The Coburn amendment would earmarks flourished when the Repub- I yield the floor. pull the rug from underneath these licans controlled the Senate. In fiscal The PRESIDING OFFICER. The Sen- communities, snatching away the Fed- year 2006, total funding for earmarks ator from New Jersey. eral support they are counting on us to was twice the amount included in last Mr. LAUTENBERG. Mr. President, it deliver. year’s bills when Democrats were in is my understanding that I have 15 One has only to see the reception of charge, and it was Democrats who im- minutes to make my presentation. I an organization such as Campus Kitch- plemented the ethics reforms and ear- thank Senator INOUYE for enabling en, a nonprofit project that recently mark transparency that has signifi- that. launched in Atlantic City to feed needy cantly improved congressionally des- I oppose the Coburn motion to place families who flock there over Thanks- ignated programs. a 3-year moratorium on earmarks. I giving and at the same time help un- Since becoming Appropriations Com- thank Chairman INOUYE for his leader- employed workers upgrade their job mittee chairman, Senator INOUYE has ship on this issue. It seems, as has been skills. Campus Kitchen is counting on been a great leader in this office. He said over the years, that we have heard $100,000 worth of congressionally di- has instituted important changes that this song before. If Members really be- rected funds. If this amendment passes, have made the earmarking process lieve these programs are responsible they will close their doors, and those stronger and more transparent. It was for our terrible fiscal condition, they who need the food and can only get it an essential factor in our review. At are wrong. It is make believe. The def- there will go hungry. Chairman INOUYE’s request, Senators icit we are wrestling with had its big- What about the resources needed to are now required to post their earmark gest boost during the Bush years when protect our residents from terrorism. requests on the Internet in advance so

VerDate Mar 15 2010 04:21 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.050 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8239 the public can see them. He has going to deny their right to accept The safety of our servicemembers brought this entire process further into these things because it is dirty, be- and the success of their missions de- the light of day, allowing constituents, cause it is unclean, and they say that pend upon the proper performance of the news media, and outside watchdog it goes only to those who contribute weapon systems, body armor, aircraft organizations to track how taxpayer large sums of money. parts, and countless other mission-crit- dollars are spent. If you want to look at those who con- ical products. Unfortunately, Amer- But a funny thing has occurred. tribute large sums of money, look at ica’s military faces a significant and Some of our Republican friends who that side of the aisle. They dwarf what growing threat: the infiltration of the have used earmarks to serve their con- we do in our debate about where fund- military supply chain by counterfeit stituents for years suddenly have had a ing goes and where funding stops. products. These counterfeit products change of heart and jumped on the With that, I yield the floor. do not meet military standards, put- anti-earmark bandwagon. In fact, the The PRESIDING OFFICER. The Sen- ting troops’ lives at risk, compro- Republican leader, who in the past ator from Oklahoma. mising military readiness, and costing brought home hundreds of millions of Mr. LAUTENBERG. Will the Senator taxpayers millions in replacement dollars to his State of Kentucky, has yield? costs. In the case of microelectronics, done an about-face in calling for an Mr. INHOFE. Let me ask if I could counterfeit parts also provide an ave- earmark ban. extend my time by 5 minutes. Is there nue for cybersecurity threats to enter The hypocrisy of these new earmark objection? military systems, possibly enabling critics is outrageous. Here is what the The PRESIDING OFFICER. Is there hackers to disable or track crucial na- critics never mention: Earmarks do not objection? tional security applications. add one cent to the deficit, not a single Without objection, it is so ordered. Let me give you a few examples from cent. We heard that from our leader f a recent report by the Government Ac- here, from Senator INOUYE. countability Office: When Congress includes an earmark NOTICE OF INTENT TO OBJECT The Defense Department discovered in an agency’s budget, it is not increas- Mr. WYDEN. Mr. President, con- in testing that it had procured body ing that budget. It is specifying how a sistent with Senate Standing Orders armor that was misrepresented as portion of the funding should be spent and my policy of publishing in the being ‘‘Kevlar.’’ Think about that: a based on their understanding of their RECORD a statement whenever I place a criminal sold fake body armor to the State’s needs. After hearing many re- hold on legislation, I am announcing military, putting our troops’ lives at quests all of us do, they can evaluate my intention to object to any unani- risk just to make a buck. The law must which ones they see as the most impor- mous consent request to proceed to S. provide strong deterrence and harsh tant. It is a voice of reason and under- 3804, the Combating Online Infringe- sanctions for such conduct. standing. ment and Counterfeits Act, COICA. And in another example, a supplier The fact is the Founding Fathers Promoting American innovation, and sold the Defense Department a per- gave Congress the power of the purse securing its protection, is vital to cre- sonal computer part that it falsely when they wrote the Constitution. Di- ating new, good-paying jobs. But it is claimed was a $7,000 circuit that met recting funding to specific projects is important that the government reach the specifications of a missile guidance one way Congress exercises this power. an appropriate balance between pro- system. As my colleagues may know, If we eliminate earmarks, we will tecting intellectual property and pro- military grade chips are required to transfer our funding powers to the moting innovation on the one hand and withstand extreme temperature, force, President, and that is not the way the the freedom to innovate, share expres- and vibration. Chips that don’t meet Constitution is structured. It under- sion, and promote ideas over the Inter- those specifications are prone to fail— mines the authority the Founders net. I am concerned that the current for example, when a jet is at high alti- placed on us two centuries ago. version of COICA has this balance tude, when a missile is launching, or The people who work in the Federal wrong; it attempts to protect intellec- when a GPS unit is out in the field. agencies here in Washington include tual property in the digital arena in a The possible tragic consequences of some of America’s best and brightest, way that could trample free speech and such equipment failing are unthink- but they simply do not necessarily stifle competition and important new able. know the needs of our States as well as innovations in the digital economy. And the increasing number of coun- we do. This debate over earmarks is Of perhaps greater concern, the terfeits has broad ramifications for our nothing more than a distraction from sweeping new powers offered to the national security. A January 2010 study the pressing issues on which we should U.S. Department of Justice under by the Commerce Department, for ex- be focused. COICA are granted without giving due ample, quoted a Defense Department I call on my colleagues to consider consideration to the consequences. official as estimating that counterfeit the facts and not the rhetoric. Do not COICA may not only be ineffective at aircraft parts were ‘‘leading to a 5 to 15 be misled. Do not allow the truth to be combating copyright infringement and percent annual decrease in weapons mangled, misconstrued, and misrepre- the distribution of counterfeit goods, it systems reliability.’’ And the risk is sented. Earmarks help create jobs and gives license to foreign regimes to fur- growing. The Commerce Department help millions of Americans through ther censor and filter online content to study, which surveyed military manu- their lives, especially now in this serve protectionist commercial mo- facturers, contractors, and distribu- stressful period where we have people tives and repressive political aims. tors, reported approximately two and a who are afraid they are going to lose Until these issues are thoroughly con- half times as many incidents of coun- their jobs after many years of loyal sidered and properly addressed, I will terfeit electronics in 2008 as in 2005. It support or, still, lose their homes be- object to a unanimous consent request is only going to get worse as the high cause they cannot afford the mortgages to proceed to the legislation. prices of military grade products at- they were sold. f tract more and more counterfeits. Con- So I urge my colleagues to oppose the sider, for example, that before fleeing Coburn amendment because it will not COMBATING MILITARY the country, the supplier that sold a solve a single problem we face. I hope COUNTERFEITS ACT counterfeit $7,000 circuit for a missile we will use our time for more construc- Mr. WHITEHOUSE. Mr. President, I guidance system had been paid $3 mil- tive debate. I would suggest that every- rise to speak about a bill I recently in- lion as part of contracts worth a total body who talks in opposition to ear- troduced: S. 3941, the Combating Mili- of $8 million. marks, congressionally designated pro- tary Counterfeits Act of 2010. This bill We should also evaluate this bill in grams, say now on this floor—take an will help protect America’s Armed the context of the relentless cyber at- oath that you will in your own State Forces from the risk of defective equip- tacks America weathers every day. The announce the fact you are opposing the ment by enhancing the ability of pros- chip might not only be counterfeit, it earmarks that were proposed for it. ecutors to keep counterfeit goods out might be the carrier for dangerous vi- Tell the people back home that you are of the military supply chain. ruses and malware that may create

VerDate Mar 15 2010 04:21 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.050 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8240 CONGRESSIONAL RECORD — SENATE November 29, 2010 windows for enemies to enter to sabo- its way into one of their products. Nor with Campaign Star, the Global War on tage our military equipment to steal will it apply to makers of products Terrorism Service Medal, the Army our military secrets. that unintentionally fall short of mili- Service Ribbon, and the Overseas Serv- I applaud those of my colleagues who tary specifications as a result of inno- ice Ribbon. have been working with the Depart- cent mistakes. Indeed, this bill will Specialist Reid worked on the front ment of Defense to ensure that it does help military suppliers by deterring lines of battle, serving in the most dan- everything it can to keep counterfeits criminals from selling counterfeits to gerous areas of Iraq. He is remembered out of its supply chain. And I am them or to their subcontractors. Manu- by those who knew him as a consum- pleased the administration, and par- facturers will benefit from the protec- mate professional with an unending ticularly the intellectual property en- tion of their intellectual property. commitment to excellence. Friends and forcement coordinator, Victoria To that end, I have received a letter loved ones remember how proud Spe- Espinel, is taking on this issue. of support from the U.S. Chamber of cialist Reid was of his new daughter, But I also believe that Congress Commerce which explains that ‘‘[t]his Avery. They also remember his love for needs to give the executive branch legislation would . . . provide an impor- fixing things and working on cars. more tools to address these problems. tant deterrent to those seeking to prof- Mark Twain once said, ‘‘The fear of As a former U.S. attorney, I know the it from the sale of counterfeit parts to death follows from the fear of life. A significant deterrent effect criminal the military.’’ The Semiconductor In- man who lives fully is prepared to die sanctions can provide. To that end, the dustry Association has similarly at any time.’’ Specialist Reid’s service Department of Justice has a vital role weighed in with their support, explain- was in keeping with this sentiment—by to play in using criminal investiga- ing the irresponsible manner in which selflessly putting country first, he tions and prosecutions to identify and counterfeit chips are made and the lived life to the fullest. He lived with a deter trafficking in counterfeit mili- harm that counterfeit chips, most of sense of the highest honorable purpose. tary goods. which are imported into the United At substantial personal risk, he Current law is insufficient. The exist- States, can cause to the military and braved the chaos of combat zones ing counterfeit trafficking statute, 18 to their industry. I am grateful for throughout Iraq. And though his fate U.S.C. § 2320, provides for heightened their early support and I welcome the on the battlefield was uncertain, he penalties for trafficking in counterfeits comments of other stakeholders as I pushed forward, protecting America’s that result in bodily injury or death. work to make the legislation as effec- citizens, her safety, and the freedoms But unlike cases of counterfeit phar- tive as possible in its deterrence of this we hold dear. For his service and the maceuticals, it may not be possible to shameful criminal activity. lives he touched, Specialist Reid will prove that a military counterfeit I of course also very much look for- forever be remembered as one of our caused bodily injuries or death, since ward to working with my colleagues on country’s bravest. the faulty part may never be recovered what I expect to be bipartisan legisla- To Specialist Reid’s parents, his wife, from a battlefield. As a result, traf- tion that we can act on promptly. We his daughter, and his entire family I fickers in military counterfeits are all have had the privilege of visiting cannot imagine the sorrow you must be likely to face penalties that do not re- with our troops. We all know the sac- feeling. I hope that, in time, the pain of flect the unacceptable risk that coun- rifices they make for our country. We your loss will be eased by your pride in terfeits impose on our troops, our mili- all want to do everything we can to en- Dylan’s service and by your knowledge tary readiness, and our national and sure that their equipment functions that his country will never forget him. cyber security. properly and that counterfeits do not We are humbled by his service and his We must address this flaw in our laws compromise our nation’s military read- sacrifice. and we must do so soon. Traffickers iness or security. By deterring traf- f should face stiff penalties if they ficking in counterfeit military goods, knowingly sell the military a piece of the Combating Military Counterfeits ADDITIONAL STATEMENTS counterfeit body armor that could fail Act of 2010 is a vital and necessary step in combat, a counterfeit missile con- towards these important goals. EASTON, MARYLAND trol system that could short-circuit at f launch, or a counterfeit GPS that ∑ Mr. CARDIN. Mr. President, today I could fail on the battlefield. HONORING OUR ARMED FORCES ask my colleagues to join me in con- The Combating Military Counterfeits SPECIALIST DYLAN T. REID gratulating the Eastern Shore town of Act of 2010 will make sure that such Mr. BENNET. Mr. President, it is Easton, MD, which is concluding its reprehensible criminals face appro- with a heavy heart that I rise today to 300th anniversary celebration. priate criminal sanctions. It creates an honor the life and heroic service of SPC In 1710, the Assembly of the Province enhanced offense for an individual who Dylan T. Reid. Specialist Reid, who of Maryland chose Easton as the site traffics in counterfeits and knows that was assigned to the 1st Battalion, 8th for a new court house to serve the pre- the counterfeit product either is in- Infantry Regiment, 4th Infantry Divi- Revolution population of sea mer- tended for military use or is identified sion, in Fort Carson, CO, died on Octo- chants and farmers. Easton was incor- as meeting military standards. It dou- ber 16, 2010. Specialist Reid was serving porated as a town in Talbot County, bles the statutory maximum penalty in support of Operation New Dawn in MD, in 1790 and serves as the county for such offenses. The bill also directs Amarah, Iraq. He was 24 years old. seat. the Sentencing Commission to update A native of Missouri, Specialist Reid Easton is located on the shore of the the Sentencing Guidelines as appro- graduated from Desert Technology Tred Avon River that flows into the priate to reflect Congress’s intent that High School in Lake Havasu City, AZ, Chesapeake Bay. It was a bustling port trafficking in counterfeit military in 2005 and entered the Army in Sep- for Eastern Shore agricultural prod- items be punished sufficiently to deter tember 2008. He joined his current unit ucts and seafood for much of its first this reckless endangerment of our serv- in April of last year and deployed to 200 years. Many of the farms on the icemembers and weakening of our na- Iraq this past March. He was serving Eastern Shore of Maryland had slaves, tional security. his first tour of duty, and quickly and it was in Talbot County where The bill is narrowly crafted. It adds showed his commitment and skill. Frederick Douglass, the abolitionist, to an existing offense so that it only During more than 2 years of service, was raised. Because of his national targets particularly malicious offend- Specialist Reid distinguished himself leadership in the abolitionist move- ers—those who already are guilty of through his courage, dedication to ment, a statue of Mr. Douglass will trafficking in counterfeit goods and duty, and willingness to take on any soon be erected on the court house know that the goods in question are in- job. He was given numerous awards and lawn in Easton. tended for military use. As a result, medals, including the Army Com- Easton remains a cultural and com- this bill will not affect legitimate mili- mendation Medal, the Army Good Con- munity center for merchants, lawyers, tary contractors who might be un- duct Medal, the National Defense Serv- bankers, trades people, farmers, and aware that a counterfeit chip has made ice Medal, the Iraq Campaign Medal watermen. Weekend visitors, sailors

VerDate Mar 15 2010 04:21 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.002 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8241 and retirees have been added to the Mr. Novotny, one of its reading clerks, tration, Department of Transportation, mix and continue to enrich the commu- announced that the Speaker has signed transmitting, pursuant to law, the report of nity. the following enrolled bills: a rule entitled ‘‘Airworthiness Directives; Today, Easton is a country town with Rolls Royce plc RB211 Trent 700 and Trent S. 3689. An act to clarify, improve, and cor- 800 Series Turbofan Engines’’ ((RIN2120– urbane sensibilities. A 1786 survey of rect the laws relating to copyrights, and for AA64)(Docket No. FAA–2010–0364)) received the town showed that Easton was bare- other purposes. during adjournment of the Senate in the Of- ly 95 acres, a tiny collection of govern- H.R. 5566. An act to amend title 18, United fice of the President of the Senate on Octo- ment offices, residences, and shops sur- States Code, to prohibit interstate com- ber 6, 2010; to the Committee on Commerce, rounded by wide expanses of farms and merce in animal crush videos, and for other Science, and Transportation. forests. Today, Easton is comprised of purposes. EC–8137. A communication from the Senior 6,866 acres, home to an airport, medical H.R. 5712. An act entitled the Physician Program Analyst, Federal Aviation Adminis- Payment and Therapy Relief Act of 2010. tration, Department of Transportation, centers, schools, museums, music, art transmitting, pursuant to law, the report of competitions, the young Chesapeake The enrolled bills were subsequently signed by the President pro tempore a rule entitled ‘‘Airworthiness Directives; Film Festival, and the celebrated an- The Cessna Aircraft Company Model 750 Air- nual Waterfowl Festival, which fills (Mr. INOUYE). planes’’ ((RIN2120–AA64)(Docket No. FAA– the closed downtown streets with thou- f 2010–0380)) received during adjournment of the Senate in the Office of the President of sands of bird and art lovers. MEASURES READ THE FIRST TIME I ask my colleagues to join me in sa- the Senate on October 6, 2010; to the Com- luting the town of Easton, MD, on its The following bill was read the first mittee on Commerce, Science, and Transpor- ∑ time: tation. 300th birthday. EC–8138. A communication from the Senior f S. 3985. A bill to amend the Internal Rev- Program Analyst, Federal Aviation Adminis- enue Code of 1986 to extend certain expiring tration, Department of Transportation, TRIBUTE TO NORBERT SEBADE provisions, and for other purposes. transmitting, pursuant to law, the report of ∑ Mr. THUNE. Mr. President, today I f a rule entitled ‘‘Airworthiness Directives; wish to recognize Norbert Sebade as he Turbomeca S.A. ARRIEL 2B and 2B1 Turbo- EXECUTIVE AND OTHER celebrates his retirement after 43 years shaft Engines’’ ((RIN2120–AA64)(Docket No. COMMUNICATIONS of extraordinary service in the banking FAA–2007–28077)) received during adjourn- community. Norbert is ending a career The following communications were ment of the Senate in the Office of the Presi- laid before the Senate, together with dent of the Senate on October 6, 2010; to the marked by outstanding community Committee on Commerce, Science, and service and longstanding dedication to accompanying papers, reports, and doc- Transportation. economic growth and development in uments, and were referred as indicated: EC–8139. A communication from the Senior the Black Hills through his numerous EC–8132. A communication from the Senior Program Analyst, Federal Aviation Adminis- leadership roles in the banking field Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, and beyond. tration, Department of Transportation, transmitting, pursuant to law, the report of Norbert began his banking career in transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Madison, SD, in the summer of 1967. He a rule entitled ‘‘Airworthiness Directives; Bombardier-Rotax GmbH Type 912 F, 912 S, and 914 F Series Reciprocating Engines’’ quickly distinguished himself as a Robert E. Rust, Jr. Model DeHavilland DH.C1 Chipmunk 21, DH.C1 Chipmunk 22, and ((RIN2120–AA64)(Docket No. FAA–2010–0342)) leader in the industry. Norbert has DH.C1 Chipmunk 22A Airplanes’’ ((RIN2120– received during adjournment of the Senate served as the former President of First AA64)(Docket No. FAA–2010–0632)) received in the Office of the President of the Senate Western Bank Wall, former chairman during adjournment of the Senate in the Of- on October 6, 2010; to the Committee on Com- of the board of First Western Bank fice of the President of the Senate on Octo- merce, Science, and Transportation. Custer, vice chairman of the board ber 6, 2010; to the Committee on Commerce, EC–8140. A communication from the Senior First Western Bank Sturgis, former Science, and Transportation. Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, board member of South Dakota Bank- EC–8133. A communication from the Senior Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of ers Association, SDBA, Insurance Serv- a rule entitled ‘‘Airworthiness Directives; ices, former chairman of South Dakota tration, Department of Transportation, transmitting, pursuant to law, the report of Bombardier, Inc. Model CL–600–2B19 (Re- Rural Enterprise, and an appointee to a rule entitled ‘‘Airworthiness Directives; gional Jet Series 100 and 440) Airplanes; the West River Economic Development Rolls-Royce Deutschland Ltd and Co KG Model CL–600–2C10 (Regional Jet Series 700, Coalition. Additionally, Norbert has fo- (RRD) Models Tay 620–15, Tay 650–15, and 701, and 702) Airplanes; Model CL–600–2D15 cused his attention and energy on the Tay 651–54 Turbofan Engines’’ ((RIN2120– (Regional Jet Series 705) and Model CL–600– well-being of his communities in other AA64)(Docket No. FAA–2010–0301)) received 2D24 (Regional Jet Series 900) Airplanes’’ during adjournment of the Senate in the Of- ((RIN2120–AA64)(Docket No. FAA–2010–0375)) ways, serving as a trustee and former received during adjournment of the Senate fice of the President of the Senate on Octo- chairman of the Rapid City Regional in the Office of the President of the Senate ber 29, 2010; to the Committee on Commerce, Hospital, a trustee for the Black Hills on October 6, 2010; to the Committee on Com- Science, and Transportation. State University Foundation in Spear- merce, Science, and Transportation. EC–8134. A communication from the Senior fish, and a board member of the South EC–8141. A communication from the Senior Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- Dakota Community Foundation. He re- tration, Department of Transportation, tires today as the regional president of tration, Department of Transportation, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of First Interstate Bank of the Southern a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; Hills. McDonnell Douglas Corporation Model MD– GROB–WERKE (Type Certificate Previously I would like to thank Norbert for his 11 and MD–11F Airplanes Equipped with Gen- Held by BURKHART GROB Luft—und commitment to South Dakota’s com- eral Electric CF6–80C2 Series Engines’’ Raumfahrt) Models G115C, G115D and G115D2 munities and congratulate him on a ((RIN2120–AA64)(Docket No. FAA–2008–0403)) Airplanes’’ ((RIN2120–AA64)(Docket No. well-deserved retirement.∑ received during adjournment of the Senate FAA–2010–0260)) received during adjournment in the Office of the President of the Senate of the Senate in the Office of the President f on October 6, 2010; to the Committee on Com- of the Senate on October 6, 2010; to the Com- MESSAGES FROM THE HOUSE merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- EC–8135. A communication from the Senior At 3:35 p.m., a message from the tation. Program Analyst, Federal Aviation Adminis- EC–8142. A communication from the Senior House of Representatives, delivered by tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- Mr. Novotny, one of its reading clerks, transmitting, pursuant to law, the report of tration, Department of Transportation, announced that the House agrees to a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of the amendments of the Senate to the Airbus Model A330–200 and Model A340–200, a rule entitled ‘‘Airworthiness Directives; bill (H.R. 5712) to provide for certain –300, –500, and –600 Series Airplanes’’ Bombardier, Inc. Model CL–600–2B16 (CL–604 clarifications and extensions under ((RIN2120–AA64)(Docket No. FAA–2009–1215)) Variants (Including CL–605 Marketing Vari- Medicare, Medicaid, and the Children’s received during adjournment of the Senate ant)) Airplanes’’ ((RIN2120–AA64)(Docket No. in the Office of the President of the Senate Health Insurance Program. FAA–2010–0439)) received during adjournment on October 6, 2010; to the Committee on Com- of the Senate in the Office of the President ENROLLED BILLS SIGNED merce, Science, and Transportation. of the Senate on October 6, 2010; to the Com- At 6:14 p.m., a message from the EC–8136. A communication from the Senior mittee on Commerce, Science, and Transpor- House of Representatives, delivered by Program Analyst, Federal Aviation Adminis- tation.

VerDate Mar 15 2010 04:53 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.003 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8242 CONGRESSIONAL RECORD — SENATE November 29, 2010 EC–8143. A communication from the Senior transmitting, pursuant to law, the report of ‘‘Miscellaneous Amendments to the Federal Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Railroad Administration’s Accident/Incident tration, Department of Transportation, The Boeing Company Model 747–100, 747–200B, Reporting Requirements’’ (RIN2130–AB82) re- transmitting, pursuant to law, the report of and 747–200F Series Airplanes’’ ((RIN2120– ceived in the Office of the President of the a rule entitled ‘‘Airworthiness Directives; AA64)(Docket No. FAA–2010–0552)) received Senate on October 29, 2010; to the Committee International Aero Engines AG V2500–A1, during adjournment of the Senate in the Of- on Commerce, Science, and Transportation. V2522–A5, V2524–A5, V2525–D5, V2527–A5, fice of the President of the Senate on Octo- EC–8157. A communication from the Pro- V2527E–A5, V2527M–A5, V2528–D5, V2530–A5, ber 14, 2010; to the Committee on Commerce, gram Analyst, National Highway Traffic and V2533–A5 Turbofan Engines’’ ((RIN2120– Science, and Transportation. Safety Administration, Department of AA64)(Docket No. FAA–2009–1100)) received EC–8150. A communication from the Senior Transportation, transmitting, pursuant to during adjournment of the Senate in the Of- Program Analyst, Federal Aviation Adminis- law, the report of a rule entitled ‘‘Insurer fice of the President of the Senate on Octo- tration, Department of Transportation, Reporting Requirements; List of Insurers Re- ber 6, 2010; to the Committee on Commerce, transmitting, pursuant to law, the report of quired to File Reports’’ (RIN2127–AK69) re- Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; ceived in the Office of the President of the EC–8144. A communication from the Senior BAE SYSTEMS (Operations) Limited Model Senate on November 10, 2010; to the Com- Program Analyst, Federal Aviation Adminis- 4101 Airplanes’’ ((RIN2120–AA64)(Docket No. mittee on Commerce, Science, and Transpor- tration, Department of Transportation, FAA–2010–0474)) received during adjournment tation. transmitting, pursuant to law, the report of of the Senate in the Office of the President EC–8158. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives; of the Senate on October 14, 2010; to the Com- gram Analyst, National Highway Traffic Pacific Aerospace Limited Models FU24–954 mittee on Commerce, Science, and Transpor- Safety Administration, Department of and FU24A–954 Airplanes’’ ((RIN2120– tation. Transportation, transmitting, pursuant to AA64)(Docket No. FAA–2010–0941)) received EC–8151. A communication from the Senior law, the report of a rule entitled ‘‘Federal during adjournment of the Senate in the Of- Program Analyst, Federal Aviation Adminis- Motor Vehicle Safety Standards; Seat Belt fice of the President of the Senate on Octo- tration, Department of Transportation, Assembly Anchorages, School Bus Passenger ber 6, 2010; to the Committee on Commerce, transmitting, pursuant to law, the report of Seating and Crash Protection’’ (RIN2127– Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; AK49) received in the Office of the President EC–8145. A communication from the Senior Airbus Model A300 B4–600 Series Airplanes, of the Senate on November 10, 2010; to the Program Analyst, Federal Aviation Adminis- Model A300 B4–600R Series Airplanes, Model Committee on Commerce, Science, and tration, Department of Transportation, A300 C4–605R Variant F Airplanes, and Model Transportation. transmitting, pursuant to law, the report of A300 F4–600R Series Airplanes (Collectively EC–8159. A communication from the Regu- a rule entitled ‘‘Airworthiness Directives; called A300–600 Series Airplanes)’’ ((RIN2120– lations Officer, Federal Highway Adminis- McDonnell Douglas Corporation Model DC– AA64)(Docket No. FAA–2010–0644)) received tration, Department of Transportation, 10–10, DC–10–10F, DC–10–15, DC–10–30, DC–10– during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of 30F (KC–10A and KDC–10), DC–10–40, DC–10– fice of the President of the Senate on Octo- a rule entitled ‘‘Real-Time System Manage- 40F, MD–10–10F, MD–10–30F, MD–11, and MD– ber 14, 2010; to the Committee on Commerce, ment Information Program’’ (RIN2125–AF19) 11F Airplanes’’ ((RIN2120–AA64)(Docket No. Science, and Transportation. received in the Office of the President of the FAA–2010–0384)) received during adjournment EC–8152. A communication from the Senior Senate on November 10, 2010; to the Com- of the Senate in the Office of the President Program Analyst, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- of the Senate on October 14, 2010; to the Com- tration, Department of Transportation, tation. mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of EC–8160. A communication from the Assist- tation. a rule entitled ‘‘Airworthiness Directives; ant Chief Counsel for Legislation and Regu- EC–8146. A communication from the Senior Bombardier, Inc. Model DHC–8 Airplanes’’ lations, Maritime Administration, Depart- Program Analyst, Federal Aviation Adminis- ((RIN2120–AA64)(Docket No. FAA–2010–0643)) ment of Transportation, transmitting, pur- tration, Department of Transportation, received during adjournment of the Senate suant to law, the report of a rule entitled transmitting, pursuant to law, the report of in the Office of the President of the Senate ‘‘Launch Barge Waiver Program’’ (RIN2133– a rule entitled ‘‘Airworthiness Directives; on October 14, 2010; to the Committee on AB67) received during adjournment of the McDonnell Douglas Corporation Model DC– Commerce, Science, and Transportation. Senate in the Office of the President of the 10–30, DC–10–30F, DC–10–30F (KC–10A and EC–8153. A communication from the Senior Senate on September 30, 2010; to the Com- KDC–10), DC–10–40, DC–10–40F, and MD–10– Program Analyst, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- 30F Airplanes’’ ((RIN2120–AA64)(Docket No. tration, Department of Transportation, tation. FAA–2010–0514)) received during adjournment transmitting, pursuant to law, the report of EC–8161. A communication from the Regu- of the Senate in the Office of the President a rule entitled ‘‘Airworthiness Directives; latory Ombudsman, Federal Motor Carrier of the Senate on October 14, 2010; to the Com- Eurocopter France Model SA–365N, SA– Safety Administration, Department of mittee on Commerce, Science, and Transpor- 365N1, AS–365N2, AS–365N3, SA–366G1, EC Transportation, transmitting, pursuant to tation. 155B, EC155B1, SA–365C, SA–365C1, SA–365C2, law, the report of a rule entitled ‘‘Limiting EC–8147. A communication from the Senior SA–360C Helicopters’’ ((RIN2120–AA64) the Use of Wireless Communication Devices’’ Program Analyst, Federal Aviation Adminis- (Docket No. FAA–2010–0610)) received during (RIN2126–AB22) received during adjournment tration, Department of Transportation, adjournment of the Senate in the Office of of the Senate in the Office of the President transmitting, pursuant to law, the report of the President of the Senate on October 14, of the Senate on September 30, 2010; to the a rule entitled ‘‘Airworthiness Directives; 2010; to the Committee on Commerce, Committee on Commerce, Science, and Bombardier Inc., Model CL 600 2B19 (Re- Science, and Transportation. Transportation. gional Jet Series 100 & 440) Airplanes’’ EC–8154. A communication from the Trial EC–8162. A communication from the Assist- ((RIN2120–AA64)(Docket No. FAA–2010–0276)) Attorney, Federal Railroad Administration, ant Chief Counsel for Hazardous Materials received during adjournment of the Senate Department of Transportation, transmitting, Safety, Pipeline and Hazardous Materials in the Office of the President of the Senate pursuant to law, the report of a rule entitled Safety Administration, Department of on October 6, 2010; to the Committee on Com- ‘‘Positive Train Control Systems’’ (RIN2130– Transportation, transmitting, pursuant to merce, Science, and Transportation. AC03) received during adjournment of the law, the report of a rule entitled ‘‘Hazardous EC–8148. A communication from the Senior Senate in the Office of the President of the Materials: Miscellaneous Packaging Amend- Program Analyst, Federal Aviation Adminis- Senate on September 30, 2010; to the Com- ments’’ (RIN2137–AD89) received during ad- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- journment of the Senate in the Office of the transmitting, pursuant to law, the report of tation. President of the Senate on September 30, a rule entitled ‘‘Airworthiness Directives; EC–8155. A communication from the Trial 2010; to the Committee on Commerce, McDonnell Douglas Corporation Model DC–8– Attorney, Federal Railroad Administration, Science, and Transportation. 31, DC–8–32, DC–8–33, DC–8–41, DC–8–42, and Department of Transportation, transmitting, EC–8163. A communication from the Senior DC–8–43 Airplanes; Model DC–8–50 Series Air- pursuant to law, the report of a rule entitled Regulations Analyst, Office of the Secretary planes; Model DC–8F–54 and DC–8F–55 Air- ‘‘Inflation Adjustment of the Ordinary Max- of Transportation, Department of Transpor- planes; Model DC–8–60 Series Airplanes; imum and Aggravated Maximum Civil Mone- tation, transmitting, pursuant to law, a rule Model DC–8–60F Series Airplanes; Model DC– tary Penalties for a Violation of the Haz- entitled ‘‘Procedures for Transportation 8–70 Series Airplanes; and Model DC–8–70F ardous Material Transportation Laws and Workplace Drug and Alcohol Testing Pro- Series Airplanes’’ ((RIN2120–AA64)(Docket Regulations’’ (RIN2130–ZA03) received during grams: Federal Drug Testing Custody and No. FAA–2010–0639)) received during adjourn- adjournment of the Senate in the Office of Control Form; Technical Amendment’’ ment of the Senate in the Office of the Presi- the President of the Senate on October 14, (RIN2105–AE03) received during adjournment dent of the Senate on October 14, 2010; to the 2010; to the Committee on Commerce, of the Senate in the Office of the President Committee on Commerce, Science, and Science, and Transportation. of the Senate on September 30, 2010; to the Transportation. EC–8156. A communication from the Trial Committee on Commerce, Science, and EC–8149. A communication from the Senior Attorney, Federal Railroad Administration, Transportation. Program Analyst, Federal Aviation Adminis- Department of Transportation, transmitting, EC–8164. A communication from the Chief tration, Department of Transportation, pursuant to law, the report of a rule entitled of the Policy and Rules Division, Office of

VerDate Mar 15 2010 04:53 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.014 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8243 Engineering and Technology, Federal Com- portation of Hazardous Materials: Insurance, fice of the President of the Senate on No- munications Commission, transmitting, pur- Security, and Safety Costs’’; to the Com- vember 22, 2010; to the Committee on Armed suant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- Services. ‘‘Improving Public Safety Communications tation. EC–8182. A communication from the Direc- in the 800 MHz Band’’ ((WT Docket No. 02– EC–8174. A communication from the Sec- tor of Defense Procurement and Acquisition 55)(FCC 10–179)) received in the Office of the retary of Transportation, transmitting, pur- Policy, Department of Defense, transmit- President of the Senate on November 1, 2010; suant to law, a report entitled ‘‘National ting, pursuant to law, the report of a rule en- to the Committee on Commerce, Science, Plan of Integrated Airport Systems (NPIAS) titled ‘‘Defense Federal Acquisition Regula- and Transportation. 2011–2015’’; to the Committee on Commerce, tion Supplement; Contractor Insurance/Pen- EC–8165. A communication from the Assist- Science, and Transportation. sion Review’’ (DFARS Case 2009–D025) re- ant Secretary for Export Administration, EC–8175. A communication from the Con- ceived during adjournment in the Office of Bureau of Industry and Security, Depart- gressional Review Coordinator, Animal and the President of the Senate on November 22, ment of Commerce, transmitting, pursuant Plant Health Inspection Service, Department 2010; to the Committee on Armed Services. to law, the report of a rule entitled ‘‘Amend- of Agriculture, transmitting, pursuant to EC–8183. A communication from the Direc- ment to Existing Validated End-User Au- law, the report of a rule entitled ‘‘Change in tor of Defense Procurement and Acquisition thorization in the People’s Republic of Disease Status of Japan Because of Foot- Policy, Department of Defense, transmit- China: Semiconductor Manufacturing Inter- and-Mouth Disease’’ (Docket No. APHIS– ting, pursuant to law, the report of a rule en- national Corporation’’ (RIN0694–AF02) re- 2010–0077) received during adjournment of the titled ‘‘Defense Federal Acquisition Regula- ceived in the Office of the President of the Senate in the Office of the President of the tion Supplement; Services of Senior Men- Senate on November 1, 2010; to the Com- Senate on November 22, 2010; to the Com- tors’’ (DFARS Case 2010–D025) received dur- mittee on Commerce, Science, and Transpor- mittee on Agriculture, Nutrition, and For- ing adjournment of the Senate in the Office tation. estry. of the President of the Senate on November EC–8166. A communication from the Chief EC–8176. A communication from the Direc- 22, 2010; to the Committee on Armed Serv- of Staff, Media Bureau, Federal Communica- tor of the Regulatory Review Group, Farm ices. tions Commission, transmitting, pursuant to Service Agency, Department of Agriculture, EC–8184. A communication from the Under law, the report of a rule entitled ‘‘Amend- transmitting, pursuant to law, the report of Secretary of Defense (Personnel and Readi- ment of Section 73.202(b), Table of Allot- a rule entitled ‘‘Emergency Forest Restora- ness), transmitting a report on the approved ments, FM Broadcast Stations (Grants Pass, tion Program and Emergency Conservation retirement of General Carrol H. Chandler, Oregon)’’ (MB Docket No. 10–117) received Program’’ (RIN0560–AH89) received during United States Air Force, and his advancement to the grade of general on the retired during adjournment of the Senate in the Of- adjournment of the Senate in the Office of list; to the Committee on Armed Services. fice of the President of the Senate on No- the President of the Senate on November 22, 2010; to the Committee on Agriculture, Nu- EC–8185. A communication from the Sec- vember 7, 2010; to the Committee on Com- retary of the Treasury, transmitting, pursu- trition, and Forestry. merce, Science, and Transportation. ant to law, a six-month periodic report on EC–8167. A communication from the Asso- EC–8177. A communication from the Direc- the national emergency with respect to ciate Bureau Chief, Wireline Competition tor of Defense Procurement and Acquisition Burma that was declared in Executive Order Bureau, Federal Communications Commis- Policy, Department of Defense, transmit- 13047 of May 20, 1997; to the Committee on sion, transmitting, pursuant to law, the re- ting, pursuant to law, the report of a rule entitled ‘‘Defense Federal Acquisition Regula- Banking, Housing, and Urban Affairs. port of a rule entitled ‘‘Schools and Libraries EC–8186. A communication from the Chair- tion Supplement; Trade Agreements—New Universal Services Support Mechanism, A man and President of the Export-Import Thresholds’’ (DFARS Case 2009–D040) re- National Broadband Plan for Our Future’’ Bank, transmitting, pursuant to law, a received during adjournment of the Senate in (FCC 10–175) received during adjournment of port relative to transactions involving U.S. the Office of the President of the Senate on the Senate in the Office of the President of exports to Mexico; to the Committee on the Senate on October 14, 2010; to the Com- November 22, 2010; to the Committee on Banking, Housing, and Urban Affairs. mittee on Commerce, Science, and Transpor- Armed Services. EC–8187. A communication from the Assist- tation. EC–8178. A communication from the Direc- ant Secretary, Bureau of Legislative Affairs, EC–8168. A communication from the Chair- tor of Defense Procurement and Acquisition Department of State, transmitting, pursuant man of the National Transportation Safety Policy, Department of Defense, transmit- to law, a report entitled ‘‘Operation of the Board, transmitting, pursuant to law, a re- ting, pursuant to law, the report of a rule en- Enterprise for the Americas Initiative and port relative to the Board’s efforts to pre- titled ‘‘Defense Federal Acquisition Regula- the Tropical Forest Conservation Act 2009 vent organizational waste and mismanage- tion Supplement; Safety of Facilities, Infra- Annual Report to Congress’’; to the Com- ment; to the Committee on Commerce, structure, and Equipment for Military Oper- mittee on Foreign Relations. Science, and Transportation. ations’’ (DFARS Case 2009–D029) received EC–8188. A communication from the Assist- EC–8169. A communication from the Dep- during adjournment of the Senate in the Of- ant Secretary, Bureau of Legislative Affairs, uty Chief Financial Officer, Department of fice of the President of the Senate on No- Department of State, transmitting, pursuant Homeland Security, transmitting, pursuant vember 22, 2010; to the Committee on Armed to the Arms Export Control Act, the certifi- to law, a report relative to the transfer of Services. cation of a proposed technical assistance funds from the Oil Spill Liability Trust Fund EC–8179. A communication from the Direc- agreement for the export of defense articles, to the Emergency Fund, which is adminis- tor of Defense Procurement and Acquisition to include technical data, and defense serv- tered by the United States Coast Guard; to Policy, Department of Defense, transmit- ices to Saudi Arabia related to the operation the Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- and maintenance of HAWK and PATRIOT Transportation. titled ‘‘Defense Federal Acquisition Regula- Air Defense Missile Systems in the amount EC–8170. A communication from the Assist- tion Supplement; Balance of Payments Pro- of $50,000,000 or more; to the Committee on ant Secretary of Legislative Affairs, U.S. De- gram Exemption for Commercial Informa- Foreign Relations. partment of State, transmitting, pursuant to tion Technology—Construction Material’’ EC–8189. A communication from the Pro- law, a report relative to certifications grant- (DFARS Case 2009–D041) received during ad- gram Manager, Office of Consumer Informa- ed in relation to the incidental capture of journment of the Senate in the Office of the tion and Insurance Oversight, Department of sea turtles in commercial shrimping oper- President of the Senate on November 22, Health and Human Services, transmitting, ations; to the Committee on Commerce, 2010; to the Committee on Armed Services. pursuant to law, the report of a rule entitled Science, and Transportation. EC–8180. A communication from the Direc- ‘‘Amendment to the Interim Final Rules for EC–8171. A communication from the Man- tor of Defense Procurement and Acquisition Group Health Plans and Health Insurance ager of the Eastern Region, Federal Aviation Policy, Department of Defense, transmit- Coverage Relating to Status as a Grand- Administration, Department of Transpor- ting, pursuant to law, the report of a rule en- fathered Health Plan Under the Patient Pro- tation, transmitting, pursuant to law, a re- titled ‘‘Defense Federal Acquisition Regula- tection and Affordable Care Act’’ (RIN0950– port relative to a Final Environmental Im- tion Supplement; Cost and Software Data AA17) received in the Office of the President pact Statement for the proposed Capacity Reporting System’’ (DFARS Case 2008–D027) of the Senate on November 17, 2010; to the Enhancement Program at the Philadelphia received during adjournment of the Senate Committee on Health, Education, Labor, and International Airport; to the Committee on in the Office of the President of the Senate Pensions. Commerce, Science, and Transportation. on November 22, 2010; to the Committee on EC–8190. A communication from the Sec- EC–8172. A communication from the Sec- Armed Services. retary of Health and Human Services, trans- retary of Transportation, transmitting, the EC–8181. A communication from the Direc- mitting, pursuant to law, a report relative to Department’s Fiscal Year 2009 Annual Re- tor of Defense Procurement and Acquisition transitioning to a value-based purchasing for port as required by the Superfund Amend- Policy, Department of Defense, transmit- physicians and other professional services ments and Reauthorization Act of 1986; to ting, pursuant to law, the report of a rule en- paid under the Medicare physician fee sched- the Committee on Commerce, Science, and titled ‘‘Defense Federal Acquisition Regula- ule; to the Committee on Health, Education, Transportation. tion Supplement; Contract Authority for Ad- Labor, and Pensions. EC–8173. A communication from the Sec- vanced Component Development or Proto- EC–8191. A communication from the Sec- retary of Transportation, transmitting, pur- type Units’’ (DFARS Case 2009–D034) received retary of Health and Human Services, trans- suant to law, a report entitled ‘‘The Trans- during adjournment of the Senate in the Of- mitting, pursuant to law, a report relative to

VerDate Mar 15 2010 04:21 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.016 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8244 CONGRESSIONAL RECORD — SENATE November 29, 2010 implementation of menu and vending ma- INTRODUCTION OF BILLS AND Musculoskeletal and Skin Diseases and chine labeling; to the Committee on Health, JOINT RESOLUTIONS the Centers for Disease Control and Education, Labor, and Pensions. The following bills and joint resolu- Prevention with respect to EC–8192. A communication from the Direc- scleroderma, and for other purposes. tor, Employee Services, Office of Personnel tions were introduced, read the first Management, transmitting, pursuant to law, and second times by unanimous con- S. 1787 the report of a rule entitled ‘‘Recruitment, sent, and referred as indicated: At the request of Mr. BINGAMAN, the Selection, and Placement (General)’’ By Mr. BROWN of Ohio (for himself, name of the Senator from Oregon (Mr. (RIN3206–AL04) received during adjournment Mr. DURBIN, Mr. WHITEHOUSE, Mr. WYDEN) was added as a cosponsor of S. of the Senate in the Office of the President MERKLEY, Mr. REED, Mr. MENENDEZ, 1787, a bill to reauthorize the Federal of the Senate on November 22, 2010; to the and Mr. WYDEN): Land Transaction Facilitation Act, and Committee on Homeland Security and Gov- S. 3979. A bill to amend the Emergency for other purposes. ernmental Affairs. Economic Stabilization Act of 2008 to allow S. 2747 EC–8193. A communication from the Dis- amounts under the Troubled Assets Relief At the request of Mr. BINGAMAN, the trict of Columbia Auditor, transmitting, pur- Program to be used to provide legal assist- suant to law, a report entitled, ‘‘Compara- ance to homeowners to avoid foreclosure; to names of the Senator from Connecticut tive Analysis of Actual Cash Collections to the Committee on Banking, Housing, and (Mr. DODD) and the Senator from Con- the Revised Revenue Estimate Through the Urban Affairs. necticut (Mr. LIEBERMAN) were added 2nd Quarter of Fiscal Year 2010’’; to the Com- By Mr. ENSIGN: as cosponsors of S. 2747, a bill to amend mittee on Homeland Security and Govern- S. 3980. A bill to direct the Secretary of the the Land and Water Conservation Fund mental Affairs. Interior to transfer to the Secretary of the Act of 1965 to provide consistent and EC–8194. A communication from the Dis- Navy certain Federal land in Churchill Coun- reliable authority for, and for the fund- trict of Columbia Auditor, transmitting, pur- ty, Nevada; to the Committee on Energy and suant to law, a report entitled, ‘‘Compara- Natural Resources. ing of, the land and water conservation tive Analysis of Actual Cash Collections to By Mr. BAUCUS (for himself, Mr. REID, fund to maximize the effectiveness of the Revised Revenue Estimate Through the Ms. STABENOW, Mr. REED, Mr. CASEY, the fund for future generations, and for 1st Quarter of Fiscal Year 2010’’; to the Com- Mr. DURBIN, Mrs. MURRAY, Mr. DODD, other purposes. mittee on Homeland Security and Govern- Mr. KERRY, Mr. BROWN of Ohio, Mrs. S. 2919 mental Affairs. BOXER, Mr. SCHUMER, Mr. LAUTEN- At the request of Mr. UDALL of Colo- EC–8195. A communication from the Chair- BERG, Mr. FRANKEN, Mr. ROCKE- rado, the name of the Senator from man, Federal Maritime Commission, trans- FELLER, Mr. WYDEN, Mr. WHITEHOUSE, Ohio (Mr. BROWN) was added as a co- mitting, pursuant to law, the Commission’s Mr. HARKIN, Mrs. SHAHEEN, and Mr. Fiscal Year 2010 Performance and Account- LEVIN): sponsor of S. 2919, a bill to amend the ability Report; to the Committee on Home- S. 3981. A bill to provide for a temporary Federal Credit Union Act to advance land Security and Governmental Affairs. extension of unemployment insurance provi- the ability of credit unions to promote EC–8196. A communication from the Chair- sions; to the Committee on Finance. small business growth and economic man, Merit System Protection Board, trans- By Mrs. FEINSTEIN: development opportunities, and for mitting, pursuant to law, a report entitled S. 3982. A bill to amend the limitation on other purposes. ‘‘Performance and Accountability Report for liability for certain passenger rail accidents S. 3184 FY 2010’’; to the Committee on Homeland Se- or incidents under section 28103 of title 49, curity and Governmental Affairs. United States Code, and for other purposes; At the request of Mrs. BOXER, the EC–8197. A communication from the Chair- to the Committee on Commerce, Science, names of the Senator from Washington man, U.S. Nuclear Regulatory Commission, and Transportation. (Ms. CANTWELL) and the Senator from transmitting, pursuant to law, the Commis- By Mr. VOINOVICH: Illinois (Mr. DURBIN) were added as co- sion’s Performance and Accountability Re- S. 3983. A bill to authorize the State of sponsors of S. 3184, a bill to provide port for fiscal year 2010; to the Committee on Ohio to reprogram grant funds received for United States assistance for the pur- Homeland Security and Governmental Af- intercity passenger rail service pursuant to pose of eradicating severe forms of fairs. title XII of the American Recovery and Rein- EC–8198. A communication from the Sec- vestment Act of 2009 for other transportation trafficking in children in eligible coun- retary of the Treasury, transmitting, pursu- projects; to the Committee on Commerce, tries through the implementation of ant to law, the Department’s Performance Science, and Transportation. Child Protection Compacts, and for and Accountability Report for fiscal year By Mr. REED (for himself, Mr. ENZI, other purposes. 2010; to the Committee on Homeland Secu- Mr. HARKIN, and Mr. BURR): S. 3320 rity and Governmental Affairs. S. 3984. A bill to amend and extend the Mu- At the request of Mr. WHITEHOUSE, EC–8199. A communication from the Assist- seum and Library Services Act, and for other the name of the Senator from Illinois ant Attorney General, Office of Legislative purposes; to the Committee on Health, Edu- Affairs, Department of Justice, transmit- cation, Labor, and Pensions. (Mr. DURBIN) was added as a cosponsor ting, pursuant to law, a report relative to By Mr. SANDERS (for himself, Mr. of S. 3320, a bill to amend the Public the Bureau of Prisons’ compliance with the REID, Mr. SCHUMER, Mr. LEAHY, Mr. Health Service Act to provide for a privatization requirements of the National BROWN of Ohio, Mr. LAUTENBERG, Mr. Pancreatic Cancer Initiative, and for Capital Revitalization and Self-Government WHITEHOUSE, Mrs. GILLIBRAND, Ms. other purposes. Improvement Act of 1997; to the Committee STABENOW, Mr. BEGICH, Mr. MENEN- S. 3324 on the Judiciary. DEZ, and Mr. CASEY): At the request of Mr. BROWN of Ohio, S. 3985. A bill to amend the Internal Rev- f enue Code of 1986 to extend certain expiring the name of the Senator from New York (Mrs. GILLIBRAND) was added as a REPORTS OF COMMITTEES provisions, and for other purposes; read the first time. cosponsor of S. 3324, a bill to amend the The following reports of committees f Internal Revenue Code of 1986 to extend were submitted: the qualifying advanced energy project By Mr. AKAKA, from the Committee on ADDITIONAL COSPONSORS credit. Veterans’ Affairs, with an amendment in the S. 510 S. 3398 nature of a substitute: At the request of Mr. HARKIN, the At the request of Mr. BAUCUS, the S. 3517. A bill to amend title 38, United name of the Senator from Minnesota name of the Senator from New Hamp- States Code, to improve the processing of (Mr. FRANKEN) was added as a cospon- shire (Mrs. SHAHEEN) was added as a co- claims for disability compensation filed with the Department of Veterans Affairs, and for sor of S. 510, a bill to amend the Fed- sponsor of S. 3398, a bill to amend the other purposes (Rept. No. 111–354). eral Food, Drug, and Cosmetic Act Internal Revenue Code of 1986 to extend By Mr. ROCKEFELLER, from the Com- with respect to the safety of the food the work opportunity credit to certain mittee on Commerce, Science, and Transpor- supply. recently discharged veterans. tation, with an amendment in the nature of S. 1545 S. 3626 a substitute: At the request of Mrs. GILLIBRAND, At the request of Mr. FRANKEN, the S. 3302. A bill to amend title 49, United the name of the Senator from Oregon name of the Senator from Michigan States Code, to establish new automobile safety standards, make better motor vehicle (Mr. MERKLEY) was added as a cospon- (Ms. STABENOW) was added as a cospon- safety information available to the National sor of S. 1545, a bill to expand the re- sor of S. 3626, a bill to encourage the Highway Traffic Safety Administration and search and awareness activities of the implementation of thermal energy in- the public, and for other purposes. National Institute of Arthritis and frastructure, and for other purposes.

VerDate Mar 15 2010 04:35 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.018 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8245 S. 3925 AMENDMENT NO. 4715 According to the final report of the At the request of Mr. BINGAMAN, the At the request of Mr. HARKIN, the National Transportation Safety Board, names of the Senator from Wisconsin name of the Senator from New Hamp- NTSB, no unexpected equipment mal- (Mr. KOHL) and the Senator from Wash- shire (Mr. GREGG) was added as a co- function or weather problem was re- ington (Mrs. MURRAY) were added as sponsor of amendment No. 4715 pro- sponsible for this crash. cosponsors of S. 3925, a bill to amend posed to S. 510, a bill to amend the Fed- The National Transportation Safety the Energy Policy and Conservation eral Food, Drug, and Cosmetic Act Board report states: ‘‘the probable Act to improve the energy efficiency with respect to the safety of the food cause of the September 12, 2008, colli- of, and standards applicable to, certain supply. sion was the failure of the Metrolink appliances and equipment, and for f engineer to observe and appropriately other purposes. STATEMENTS ON INTRODUCED respond to the red signal because he S. 3926 BILLS AND JOINT RESOLUTIONS was engaged in text messaging that At the request of Mr. BENNET, the distracted him from his duties.’’ name of the Senator from Colorado By Mrs. FEINSTEIN: The NTSB found, in other words, that S. 3982. A bill to amend the limita- (Mr. UDALL) was added as a cosponsor the engineer wasn’t paying attention, of S. 3926, a bill to amend the National tion on liability for certain passenger and he sailed through a red signal, Trails System Act to provide for the rail accidents or incidents under sec- crashing head-on into the freight train. tion 28103 of title 49, United States study of the Pike National Historic In fact, the report finds that he was so Code, and for other purposes; to the Trail. busy texting that he never even hit the Committee on Commerce, Science, and brakes. S. 3935 Transportation. At the request of Mr. BINGAMAN, the According to the report, on the day Mrs. FEINSTEIN. Mr. President, I of the crash, the engineer sent 21 text name of the Senator from New Hamp- rise to introduce a bill to raise the cap shire (Mrs. SHAHEEN) was added as a co- messages, received 20 text messages, on rail liability in cases of gross neg- and made four outgoing telephone calls sponsor of S. 3935, a bill to amend the ligence. This bill was originally intro- Internal Revenue Code of 1986 to im- while he was driving the train. duced in the House of Representatives NTSB wrote, prove and extend certain energy-re- by Congressman Elton Gallegly of the the investigation further revealed that this lated tax provisions, and for other pur- 24th District of California, and I thank poses. amount of activity was not unusual for this him for all of his hard work on it. engineer. Wireless records for the 7 days pre- S. 3960 When Congress passed the Amtrak ceding the accident showed that on each At the request of Mr. LAUTENBERG, Reform and Accountability Act in 1997, workday, the engineer had sent or received the names of the Senator from Hawaii it included a small provision imposing text messages or made voice calls during the (Mr. AKAKA) and the Senator from a strict cap on liability in railroad time he was responsible for operating a Vermont (Mr. SANDERS) were added as crashes. The cap is now contained in 49 train. Two days before the accident, he sent cosponsors of S. 3960, a bill to prevent U.S.C. § 28103 and states that the ‘‘ag- or received about 125 messages during the harassment at institutions of higher gregate allowable awards to all rail time he was responsible for operating a education, and for other purposes. train. He had also made phone calls during passengers, against all defendants, for these periods. S. 3965 all claims, including claims for puni- Astoundingly, the NTSB found that At the request of Ms. STABENOW, the tive damages, arising from a single ac- ‘‘the content of all of the engineer’s name of the Senator from Alaska (Mr. cident or incident, shall not exceed text messages over the previous 7 days, BEGICH) was added as a cosponsor of S. $200,000,000.’’ including those during and outside the 3965, a bill to amend title XVIII of the What this means is that regardless of times the engineer was responsible for Social Security Act to ensure contin- the circumstances no matter how operating a train, indicated that the ued access to Medicare for seniors and many people are killed or injured in a engineer and, a teenage boy, had been people with disabilities and to train crash, and no matter what caused coordinating to allow, the teenage boy, TRICARE for America’s military fami- the crash total liability for all of the to operate, Metrolink, train 111 on the lies. passengers hurt or killed in the crash evening of the accident.’’ AMENDMENT NO. 4697 cannot exceed $200 million. The problem is that when a real ca- Although texting while driving the At the request of Mr. COBURN, the train was clearly prohibited under the names of the Senator from Tennessee tastrophe occurs, this number is just not sufficient and there is no way operating rules of Veolia Transpor- (Mr. CORKER) and the Senator from tation, who employed and oversaw the Florida (Mr. LEMIEUX) were added as around it. Let me tell you what happened 2 engineer under contract with cosponsors of amendment No. 4697 in- Metrolink, this engineer had been vio- tended to be proposed to S. 510, a bill to years ago in California. On September 12, 2008, a commuter lating these ruled habitually and had amend the Federal Food, Drug, and train in Chatsworth, California car- not been stopped. Cosmetic Act with respect to the safe- rying more than 200 people crashed The conductor who worked with the ty of the food supply. head-on into a freight train. engineer on Metrolink train 111 ob- AMENDMENT NO. 4702 The carnage from this crash was un- served him using his cell phone while At the request of Mr. JOHANNS, the speakable. Twenty-five people were driving the train a month before the names of the Senator from South Da- killed. Their bodies, many torn to accident. According to NTSB, ‘‘He said kota (Mr. THUNE), the Senator from pieces, had to be extracted from heaps he spoke to the engineer about it and Wyoming (Mr. ENZI), the Senator from of steel and wreckage. he later brought the incident to the at- Oklahoma (Mr. INHOFE) and the Sen- Another 101 people were injured. Vol- tention of a supervisor.’’ But the be- ator from Massachusetts (Mr. BROWN) unteers and rescue crews worked that havior obviously continued. were added as cosponsors of amend- day to help pull them from the wreck- Bottom line: The report says the en- ment No. 4702 intended to be proposed age. Emergency response agencies gineer wasn’t paying attention to the to S. 510, a bill to amend the Federal transported over 100 people to hos- passengers’ safety, he was sending text Food, Drug, and Cosmetic Act with re- pitals. Their injuries ranged from blood messages on his cell phone, and no one spect to the safety of the food supply. in the brain and collapsed lungs to else took action to stop this dangerous AMENDMENT NO. 4713 bone fractures, gashes, and scratches. behavior. As a result, 25 people died. At the request of Mr. BAUCUS, the For some people, the crash was a hor- This is unbelievable. And it is unac- name of the Senator from Delaware rible, harrowing experience, but they ceptable. (Mr. COONS) was added as a cosponsor have been able to return to the lives Since the Chatsworth Crash, I have of amendment No. 4713 intended to be they had before. worked to improve rail safety. In Octo- proposed to S. 510, a bill to amend the For others, the families of the 25 peo- ber 2008, Congress passed and the Presi- Federal Food, Drug, and Cosmetic Act ple who died and for those who suffered dent signed the ‘‘Rail Safety Improve- with respect to the safety of the food the most serious of injuries, life will ment Act,’’ which included a key provi- supply. never be the same. sion that I strongly pushed requiring

VerDate Mar 15 2010 04:35 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.027 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8246 CONGRESSIONAL RECORD — SENATE November 29, 2010 mandatory collision-avoidance systems SECTION 1. ACCIDENT LIABILITY. Museums also provide 21st century on America’s major passenger, com- (a) AMENDMENTS.—Section 28103 of title 49, learning opportunities, while con- muter, and freight lines. United States Code, is amended— necting communities to the culture, (1) in subsection (a)(2), by striking ‘‘The But this $200 million liability cap re- aggregate’’ and inserting ‘‘Except as pro- science, art, and events that make up mains in place. vided in paragraph (3), the aggregate’’; humankind’s history. The estimated That means that under current law, (2) by adding at the end of subsection (a) 17,500 museums in the United States re- the train operator, Metrolink, and the the following: flect the great diversity of our nation. company that hired and oversaw the ‘‘(3) The liability cap under paragraph (2) They are large and small; urban and engineer, Veolia, believe they only shall be $500,000,000 if the accident or inci- rural; local, national, and inter- have to pay $200 million total to all of dent was proximately caused by gross neg- national; and include aquariums, arbo- the victims of the Chatsworth crash ligence or willful misconduct of the defend- ant. Such amount shall be adjusted annually retums, historical societies, nature and their families. by the Secretary of Transportation to reflect centers, zoos, planetariums, art muse- It doesn’t matter how tragic the fam- changes in the Consumer Price Index-All ums, and many other types of muse- ilies’ losses were. Or how high the sur- Urban Consumers.’’; and ums. vivors’ medical bills are. Or how much (3) in subsection (c), by striking Museums contribute to the quality of has been lost in their ability to work ‘‘$200,000,000’’ and inserting ‘‘$500,000,000’’. life and the economic development of and care for their families. The cap is (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall be effective for their home communities. They are key $200 million total, regardless of the cir- partners in offering hands-on, self di- cumstances. any passenger rail accident or incident occurring on or after September 12, 2008. rected learning for students of all ages. This is terrible public policy, should They draw tourism, which contributes never have been adopted, and needs to By Mr. REED (for himself, Mr. to local economies. be changed. ENZI, Mr. HARKIN, and Mr. In a large crash involving hundreds The Museum and Library Services BURR): Act represents our national commit- of people and very serious injuries, a S. 3984. A bill to amend and extend ment to these institutions that are es- court needs to be able to award the the Museum and Library Services Act, sential to building strong and vibrant damages that it finds are necessary to and for other purposes; to the Com- communities. Through a relatively care for the victims and their fami- mittee on Health, Education, Labor, modest federal investment, this law lies—to pay their medical bills and to and Pensions. helps build capacity to support and ex- compensate for wages they will never Mr. REED. Mr. President, today I am pand access to library and museum again be able to earn. pleased to be joined by my colleagues services at the state and local level. The bill I am introducing is straight- on the Health, Education, Labor, and forward. It would raise the liability cap Pensions Committee—Chairman HAR- In Rhode Island, library funding has in any case where a court finds gross KIN, Ranking Member ENZI, and Sen- supported improved online resources; negligence or willful misconduct to ator BURR in introducing the Museum literacy initiatives, including a sum- $500 million. And it would do so retro- and Library Services Act of 2010. mer reading program; and the provi- actively to ensure that those who were Together our offices worked to craft sion of talking books to residents with injured or whose family members were a bipartisan bill that updates museum visual impairments and disabilities. killed are not unfairly deprived of the and library services funded through the Through museum funding, the Museum benefits of what was really the right Institute for Museum and Library of Art at the Rhode Island School of policy in the first place. Services, IMLS, to better meet the Design, the Preservation Society of I understand that the rail industry needs of Americans of all ages and in Newport, and the Blithewold Mansion, believes that the cap on damages keeps all types of locations. Gardens, and Arboretum have all re- their insurance costs and risk exposure The Museum and Library Services ceived support this past year. down, and I appreciate all the feedback Act was first enacted in 1996, and my The legislation we are introducing that has been provided by California’s predecessor, the late Senator Claiborne updates the law to reflect the edu- passenger rail systems. Pell, was instrumental in its develop- cation and workforce development role I look forward to working with them ment and enactment. This law estab- libraries have been playing, including to make sure this legislation will not lished IMLS, an independent Federal helping the out-of-work look for jobs, have any unintended consequences. I agency, to oversee funding and pro- equipping business owners with data to do not expect this bill to be considered grams authorized under the law’s two make informed business decisions, and and enacted this week. Facing that remain subtitles, the Library Services helping young and old alike gain crit- ality, I will work with the interested and Technology Act, LSTA, and the ical digital literacy skills—the skills parties, including California High Museum Services Act. that help to discern fact from fiction Speed Rail Authority and CalTrain, to Libraries and museums are rich cen- when using the Internet. further refine this legislation. There ters of learning, woven into the fabric Our bill will also help enhance train- will be an opportunity to introduce an of our communities, big and small, ing and professional development for improved product as a ‘‘first day bill’’ urban and rural. librarians and ensure the development Libraries are not just places to read in the next Congress. of a diverse library workforce, includ- and borrow books or for parents to But I believe we must do everything ing by authorizing the Laura Bush 21st bring their children for story time. we can first to improve safety on our Century Librarian program, which has During the economic recession, even as rail lines and second to ensure that been previously funded through annual libraries are being forced to do more when the very worst occurs and people appropriations. are injured or lose their lives in these with less, more and more people are accidents, they and their families are also turning to their public libraries It will help build state capacity to fairly compensated. for access to information and the Inter- support museums by authorizing IMLS I urge my colleagues to work with net, job search and training programs, to support state assessments of mu- me to amend this law and raise the cap and business development help. seum services and the development and in cases of gross negligence. As noted in the new report, ‘‘Oppor- implementation of state plans to im- Mr. President, I ask unanimous con- tunity for All: How the American Pub- prove and enhance those services. Our sent that the text of the bill be printed lic Benefits from Internet Access at bill will also strengthen conservation in the RECORD. U.S. Libraries,’’ nearly half of the 169 and preservation efforts. There being no objection, the text of million visitors to public libraries over Additionally, it seeks to fully lever- the bill was ordered to be printed in the past year used a library computer age the role of libraries and museums the RECORD, as follows: to connect to the Internet during their in supporting the learning, edu- S. 3982 visit. Accessing information on educational, and workforce development Be it enacted by the Senate and House of Rep- cation, employment, and health were needs of Americans by requiring IMLS resentatives of the United States of America in most commonly cited for this com- to improve coordination and collabora- Congress assembled, puter and Internet usage. tion with other federal agencies that

VerDate Mar 15 2010 04:35 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.036 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8247 also have an interest in and respon- ‘‘(c) DUTIES AND POWERS.— Urban Development, the Chairman of the Na- sibilities for the improvement of mu- ‘‘(1) PRIMARY RESPONSIBILITY.—The Direc- tional Endowment for the Arts, the Chair- seum and libraries and information tor shall have primary responsibility for the man of the National Endowment of the Hu- services. development and implementation of policy manities, and the Director of the Office of to ensure the availability of museum, li- Management and Budget, or the designees of I thank my colleagues for joining me brary, and information services adequate to such individuals, on— in this endeavor and urge the Senate to meet the essential information, education, ‘‘(1) initiatives, materials, or technology to take quick action to adopt this impor- research, economic, cultural, and civic needs support workforce development activities tant legislation. of the people of the United States. undertaken by libraries; Mr. President, I ask unanimous con- ‘‘(2) DUTIES.—In carrying out the responsi- ‘‘(2) resource and policy approaches to sent that the text of the bill be printed bility described in paragraph (1), the Direc- eliminate barriers to fully leveraging the in the RECORD. tor shall— role of libraries and museums in supporting There being no objection, the text of ‘‘(A) advise the President, Congress, and the early learning, literacy, lifelong learn- other Federal agencies and offices on mu- ing, digital literacy, workforce development, the bill was ordered to be printed in seum, library, and information services in and education needs of the people of the the RECORD, as follows: order to ensure the creation, preservation, United States; and S. 3984 organization, and dissemination of knowl- ‘‘(3) initiatives, materials, or technology to Be it enacted by the Senate and House of Rep- edge; support educational, cultural, historical, sci- resentatives of the United States of America in ‘‘(B) engage Federal, State, and local gov- entific, environmental, and other activities Congress assembled, ernmental agencies and private entities in undertaken by museums.’’. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. assessing the museum, library, and informa- SEC. 103. PERSONNEL. tion services needs of the people of the (a) SHORT TITLE.—This Act may be cited as Section 206 (20 U.S.C. 9105) is amended— United States, and coordinate the develop- the ‘‘Museum and Library Services Act of (1) by striking paragraph (2) of subsection ment of plans, policies, and activities to 2010’’. (b) and inserting the following: meet such needs effectively; (b) TABLE OF CONTENTS.—The table of con- ‘‘(2) NUMBER AND COMPENSATION.— ‘‘(C) carry out programs of research and tents for this Act is as follows: ‘‘(A) IN GENERAL.—The number of employ- development, data collection, and financial Sec. 1. Short title; table of contents. ees appointed and compensated under para- assistance to extend and improve the mu- Sec. 2. References. graph (1) shall not exceed 1⁄5 of the number of seum, library, and information services of full-time regular or professional employees TITLE I—GENERAL PROVISIONS the people of the United States; and of the Institute. Sec. 101. General definitions. ‘‘(D) ensure that museum, library, and in- ‘‘(B) RATE OF COMPENSATION.— Sec. 102. Responsibilities of Director. formation services are fully integrated into ‘‘(i) IN GENERAL.—Except as provided in Sec. 103. Personnel. the information and education infrastruc- clause (ii), the rate of basic compensation for Sec. 104. Board. tures of the United States.’’; the employees appointed and compensated Sec. 105. Awards and medals. (2) by redesignating subsections (f) and (g) under paragraph (1) may not exceed the rate Sec. 106. Research and analysis. as subsections (h) and (i), respectively; and prescribed for level GS–15 of the General Sec. 107. Hearings. (3) by striking subsection (e) and inserting Schedule under section 5332 of title 5, United Sec. 108. Administrative funds. the following: States Code. TITLE II—LIBRARY SERVICES AND ‘‘(e) INTERAGENCY AGREEMENTS.—The Di- ‘‘(ii) EXCEPTION.—The Director may ap- TECHNOLOGY rector may— ‘‘(1) enter into interagency agreements to point not more than 3 employees under para- Sec. 201. Purposes. promote or assist with the museum, library, graph (1) at a rate of basic compensation Sec. 202. Authorization of appropriations. and information services-related activities of that exceeds the rate described in clause (i) Sec. 203. Reservations and allotments. other Federal agencies, on either a reimburs- but does not exceed the rate of basic pay in Sec. 204. State plans. able or non-reimbursable basis; and effect for positions at level IV of the Execu- Sec. 205. Grants. ‘‘(2) use funds appropriated under this Act tive Schedule under section 5315 of title 5, Sec. 206. Grants, contracts, or cooperative for the costs of such activities. United States Code.’’; and agreements. ‘‘(f) COORDINATION.—The Director shall en- (2) by adding at the end the following: Sec. 207. Laura Bush 21st Century Librarian sure coordination of the policies and activi- ‘‘(d) EXPERTS AND CONSULTANTS.—The Di- Program. ties of the Institute with the policies and ac- rector may use experts and consultants, in- Sec. 208. Conforming amendments. tivities of other agencies and offices of the cluding panels of experts, who may be em- TITLE III—MUSEUM SERVICES Federal Government having interest in and ployed as authorized under section 3109 of Sec. 301. Purpose. responsibilities for the improvement of mu- title 5, United States Code.’’. Sec. 302. Definitions. seums and libraries and information serv- SEC. 104. BOARD. Sec. 303. Museum services activities. ices. Where appropriate, the Director shall Section 207 (20 U.S.C. 9105a) is amended— Sec. 304. Authorization of appropriations. ensure that such policies and activities are (1) in subsection (b)— TITLE IV—REPEAL OF THE NATIONAL coordinated with— ‘‘(1) activities under section 1251 of the Ele- (A) in paragraph (1)— COMMISSION ON LIBRARIES AND IN- (i) by striking subparagraph (D); and FORMATION SCIENCE ACT mentary and Secondary Education Act of 1965 (20 U.S.C. 6383); (ii) by redesignating subparagraphs (E) and Sec. 401. Repeal. ‘‘(2) programs and activities under the (F) as subparagraphs (D) and (E), respec- SEC. 2. REFERENCES. Head Start Act (42 U.S.C. 9831 et seq.) (in- tively; Except as otherwise expressly provided, cluding programs and activities under sub- (B) in paragraph (2)— wherever in this Act an amendment or repeal paragraphs (H)(vii) and (J)(iii) of section (i) in the matter preceding clause (i) of is expressed in terms of an amendment to, or 641(d)(2) of such Act) (42 U.S.C. 9836(d)(2)); subparagraph (A), by striking ‘‘(1)(E)’’ and repeal of, a section or other provision, the ‘‘(3) activities under the Workforce Invest- inserting ‘‘(1)(D)’’; and reference shall be considered to be made to a ment Act of 1998 (29 U.S.C. 2801 et seq.) (in- (ii) in the matter preceding clause (i) of section or other provision of the Museum cluding activities under section 134(c) of subparagraph (B), by striking ‘‘(1)(F)’’ and and Library Services Act (20 U.S.C. 9101 et such Act) (29 U.S.C. 2864(c)); and inserting ‘‘(1)(E)’’; and seq.). ‘‘(4) Federal programs and activities that (C) in paragraph (4)— (i) by inserting ‘‘and’’ after ‘‘Library Serv- TITLE I—GENERAL PROVISIONS increase the capacity of libraries and museums to act as partners in economic and com- ices,’’; and SEC. 101. GENERAL DEFINITIONS. munity development, education and re- (ii) by striking ‘‘, and the Chairman of the Section 202 (20 U.S.C. 9101) is amended— search, improving digital literacy skills, and National Commission on Library and Infor- (1) by redesignating paragraphs (2) through disseminating health information. mation Science’’; (7) as paragraphs (3) through (8), respec- ‘‘(g) INTERAGENCY COLLABORATION.—The (2) in subsection (c)— tively; and Director shall work jointly with the individ- (A) in paragraph (1)— (2) by inserting after paragraph (1) the fol- uals heading relevant Federal departments (i) by striking ‘‘Except as otherwise pro- lowing: and agencies, including the Secretary of vided in this subsection, each’’ and inserting ‘‘(2) DIGITAL LITERACY SKILLS.—The term Labor, the Secretary of Education, the Ad- ‘‘Each’’; and ‘digital literacy skills’ means the skills asso- ministrator of the Small Business Adminis- (ii) by striking ‘‘(E) or (F)’’ and inserting ciated with using technology to enable users tration, the Chairman of the Federal Com- ‘‘(D) or (E)’’; and to find, evaluate, organize, create, and communications Commission, the Director of the (B) in paragraph (2), by striking ‘‘INITIAL municate information.’’. National Science Foundation, the Secretary BOARD APPOINTMENTS.—’’ and all that follows SEC. 102. RESPONSIBILITIES OF DIRECTOR. of Health and Human Services, the Secretary through ‘‘The terms of the first members’’ Section 204 (20 U.S.C. 9103) is amended— of State, the Administrator of the Environ- and inserting the following: ‘‘AUTHORITY TO (1) by striking subsection (c) and inserting mental Protection Agency, the Secretary of ADJUST TERMS.—The terms of the members’’; the following: the Interior, the Secretary of Housing and (3) in subsection (d)—

VerDate Mar 15 2010 04:35 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.037 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8248 CONGRESSIONAL RECORD — SENATE November 29, 2010 (A) in paragraph (1), by striking ‘‘relating $3,500,000 for fiscal year 2011 and such sums (B) by striking ‘‘$40,000’’ and inserting to museum and library services, including fi- as may be necessary for each of the fiscal ‘‘$60,000’’; nancial assistance awarded under this title’’ years 2012 through 2016. (2) by striking subparagraph (C); and and inserting ‘‘relating to museum, library, ‘‘(2) AVAILABILITY OF FUNDS.—Sums appro- (3) by redesignating subparagraph (D) as and information services’’; and priated under paragraph (1) for any fiscal subparagraph (C). (B) by striking paragraph (2) and inserting year shall remain available for obligation SEC. 204. STATE PLANS. the following: until expended.’’. Section 224 (20 U.S.C. 9134) is amended— ‘‘(2) NATIONAL AWARDS AND MEDALS.—The SEC. 107. HEARINGS. (1) in subsection (b)— Museum and Library Services Board shall Subtitle A (20 U.S.C. 9101 et seq.) is amend- (A) by redesignating paragraphs (6) and (7) advise the Director in awarding national ed by adding at the end the following: as paragraphs (7) and (8), respectively; and awards and medals under section 209.’’; and ‘‘SEC. 210B. HEARINGS. (B) after paragraph (5), by inserting the (4) in subsection (i), by striking ‘‘take ‘‘The Director is authorized to conduct following: steps to ensure that the policies and activi- hearings at such times and places as the Di- ‘‘(6) describe how the State library admin- ties of the Institute are coordinated with rector determines appropriate for carrying istrative agency will work with other State other activities of the Federal Government’’ out the purposes of this subtitle.’’. agencies and offices where appropriate to co- and inserting ‘‘coordinate the development SEC. 108. ADMINISTRATIVE FUNDS. ordinate resources, programs, and activities and implementation of policies and activi- Subtitle A (20 U.S.C. 9101 et seq.), as and leverage, but not replace, the Federal ties as described in subsections (f) and (g) of amended by section 107, is further amended and State investment in— section 204’’. by adding at the end the following: ‘‘(A) elementary and secondary education, SEC. 105. AWARDS AND MEDALS. including coordination with the activities ‘‘SEC. 210C. ADMINISTRATIVE FUNDS. Section 209 (20 U.S.C. 9107) is amended to within the State that are supported by a ‘‘Notwithstanding any other provision of read as follows: grant under section 1251 of the Elementary this Act, the Director shall establish one ac- and Secondary Education Act of 1965 (20 ‘‘SEC. 209. AWARDS AND MEDALS. count to be used to pay the Federal adminis- U.S.C. 6383); ‘‘The Director, with the advice of the Mu- trative costs of carrying out this Act, and ‘‘(B) early childhood education, including seum and Library Services Board, may annu- not more than a total of 7 percent of the coordination with— ally award national awards and medals for li- funds appropriated under sections 210(f), 214, ‘‘(i) the State’s activities carried out under brary and museum services to outstanding and 275 shall be placed in such account.’’. libraries and museums that have made sig- subsections (b)(4) and (e)(1) of section 642 of TITLE II—LIBRARY SERVICES AND nificant contributions in service to their the Head Start Act (42 U.S.C. 9837); and TECHNOLOGY communities.’’. ‘‘(ii) the activities described in the State’s SEC. 106. RESEARCH AND ANALYSIS. SEC. 201. PURPOSES. strategic plan in accordance with section Section 210 (20 U.S.C. 9108) is amended to Section 212 (20 U.S.C. 9121) is amended— 642B(a)(4)(B)(i) of such Act (42 U.S.C. read as follows: (1) by striking paragraph (1) and inserting 9837b(a)(4)(B)(i)); the following: ‘‘(C) workforce development, including co- ‘‘SEC. 210. POLICY RESEARCH, ANALYSIS, DATA COLLECTION, AND DISSEMINATION. ‘‘(1) to enhance coordination among Fed- ordination with— eral programs that relate to library and in- ‘‘(a) IN GENERAL.—The Director shall annu- ‘‘(i) the activities carried out by the State ally conduct policy research, analysis, and formation services;’’; workforce investment board under section data collection to extend and improve the (2) in paragraph (2), by inserting ‘‘contin- 111(d) of the Workforce Investment Act of Nation’s museum, library, and information uous’’ after ‘‘promote’’; 1998 (29 U.S.C. 2821(d)); and services. (3) in paragraph (3), by striking ‘‘and’’ ‘‘(ii) the State’s one-stop delivery system ‘‘(b) REQUIREMENTS.—The policy research, after the semicolon; established under section 134(c) of such Act analysis, and data collection shall be con- (4) in paragraph (4), by striking the period (29 U.S.C. 2864(c)); and ducted in ongoing collaboration (as deter- at the end and inserting a semicolon; and ‘‘(D) other Federal programs and activities mined appropriate by the Director), and in (5) by adding at the end the following: that relate to library services, including eco- consultation, with— ‘‘(5) to promote literacy, education, and nomic and community development and ‘‘(1) State library administrative agencies; lifelong learning and to enhance and expand health information;’’; and ‘‘(2) national, State, and regional library the services and resources provided by librar- (2) in subsection (e)(2), by inserting ‘‘, in- and museum organizations; and ies, including those services and resources cluding through electronic means’’ before ‘‘(3) other relevant agencies and organiza- relating to workforce development, 21st cen- the period at the end. tions. tury skills, and digital literacy skills; SEC. 205. GRANTS. ‘‘(c) OBJECTIVES.—The policy research, ‘‘(6) to enhance the skills of the current li- Section 231 (20 U.S.C. 9141) is amended— analysis, and data collection shall be used brary workforce and to recruit future profes- (1) in subsection (a)— to— sionals to the field of library and informa- (A) in paragraph (1), by inserting before ‘‘(1) identify national needs for and trends tion services; the semicolon the following: ‘‘in order to in museum, library, and information serv- ‘‘(7) to ensure the preservation of knowl- support such individuals’ needs for edu- ices; edge and library collections in all formats cation, lifelong learning, workforce develop- ‘‘(2) measure and report on the impact and and to enable libraries to serve their commu- ment, and digital literacy skills’’; effectiveness of museum, library, and infor- nities during disasters; (B) in paragraph (2), by striking ‘‘elec- mation services throughout the United ‘‘(8) to enhance the role of libraries within tronic networks;’’ and inserting ‘‘collabora- States, including the impact of Federal pro- the information infrastructure of the United tions and networks; and’’; grams authorized under this Act; States in order to support research, edu- (C) by redesignating paragraph (2) (as ‘‘(3) identify best practices; and cation, and innovation; and amended by subparagraph (B)) as paragraph ‘‘(4) develop plans to improve museum, li- ‘‘(9) to promote library services that pro- (7), and by moving such paragraph so as to brary, and information services of the United vide users with access to information appear after paragraph (6); States and to strengthen national, State, through national, State, local, regional, and (D) by striking paragraph (3); local, regional, and international commu- international collaborations and networks.’’. (E) by inserting after paragraph (1) the fol- nications and cooperative networks. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. lowing: ‘‘(d) DISSEMINATION.—Each year, the Direc- Section 214 (20 U.S.C. 9123) is amended— ‘‘(2) establishing or enhancing electronic tor shall widely disseminate, as appropriate (a) by striking subsection (a) and inserting and other linkages and improved coordina- to accomplish the objectives under sub- the following: tion among and between libraries and enti- section (c), the results of the policy research, ‘‘(a) IN GENERAL.—There are authorized to ties, as described in section 224(b)(6), for the analysis, and data collection carried out be appropriated— purpose of improving the quality of and ac- under this section. ‘‘(1) to carry out chapters 1, 2, and 3, cess to library and information services; ‘‘(e) AUTHORITY TO CONTRACT.—The Direc- $232,000,000 for fiscal year 2011 and such sums ‘‘(3)(A) providing training and professional tor is authorized— as may be necessary for each of the fiscal development, including continuing edu- ‘‘(1) to enter into contracts, grants, cooper- years 2012 through 2016; and cation, to enhance the skills of the current ative agreements, and other arrangements ‘‘(2) to carry out chapter 4, $24,500,000 for library workforce and leadership, and ad- with Federal agencies and other public and fiscal year 2011 and such sums as may be nec- vance the delivery of library and informa- private organizations to carry out the objec- essary for each of the fiscal years 2012 tion services; and tives under subsection (c); and through 2016.’’; and ‘‘(B) enhancing efforts to recruit future ‘‘(2) to publish and disseminate, in a form (b) by striking subsection (c). professionals to the field of library and infor- determined appropriate by the Director, the SEC. 203. RESERVATIONS AND ALLOTMENTS. mation services;’’; reports, findings, studies, and other mate- Section 221(b)(3) (20 U.S.C. 9131(b)(3)) is (F) in paragraph (5), by striking ‘‘and’’ rials prepared under paragraph (1). amended— after the semicolon; ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (1) in subparagraph (A)— (G) in paragraph (6), by striking the period ‘‘(1) IN GENERAL.—There are authorized to (A) by striking ‘‘$340,000’’ and inserting and inserting a semicolon; and be appropriated to carry out this section ‘‘$680,000’’; and (H) by adding at the end the following:

VerDate Mar 15 2010 04:35 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.032 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8249 ‘‘(8) carrying out other activities con- high school, or postsecondary students to prove and maximize museum services sistent with the purposes set forth in section consider careers in library and information through the State; 212, as described in the State library admin- science; ‘‘(5) stimulating greater collaboration, in istrative agency’s plan.’’; and ‘‘(3) develop or enhance professional devel- order to share resources and strengthen com- (2) by striking subsection (b) and inserting opment programs for librarians and the li- munities, among museums and— the following: brary workforce; ‘‘(A) libraries; ‘‘(b) SPECIAL RULE.—Each State library ad- ‘‘(4) enhance curricula within nationally ‘‘(B) schools; ministrative agency receiving funds under accredited graduate library and information ‘‘(C) international, Federal, State, re- this chapter may apportion the funds avail- science programs; gional, and local agencies or organizations; able for the priorities described in subsection ‘‘(5) enhance doctoral education in order to ‘‘(D) nongovernmental organizations; and (a) as appropriate to meet the needs of the develop faculty to educate the future genera- ‘‘(E) other community organizations;’’; individual State.’’. tion of library professionals and develop the (D) in paragraph (6) (as redesignated by SEC. 206. GRANTS, CONTRACTS, OR COOPERA- future generation of library leaders; and subparagraph (B)), by striking ‘‘broadcast TIVE AGREEMENTS. ‘‘(6) conduct research, including research media’’ and inserting ‘‘media, including new Section 262(a) (20 U.S.C. 9162(a)) is amend- to support the successful recruitment and ways to disseminate information,’’; and ed— education of the next generation of librar- (E) in paragraph (9) (as redesignated by (1) by striking paragraphs (1) and (2) and ians. subparagraph (B)), by striking ‘‘at all lev- inserting the following: ‘‘(c) EVALUATION.—The Director shall es- els,’’ and inserting ‘‘, and the skills of mu- ‘‘(1) building workforce and institutional tablish procedures for reviewing and evalu- seum staff, at all levels, and to support the capacity for managing the national informa- ating projects supported under this chap- development of the next generation of mu- tion infrastructure and serving the informa- ter.’’. seum leaders and professionals,’’; and tion and education needs of the public; SEC. 208. CONFORMING AMENDMENTS. (2) in subsection (c)— ‘‘(2)(A) research and demonstration The National Foundation on the Arts and (A) by redesignating paragraph (2) as para- projects related to the improvement of li- the Humanities Act of 1965 (20 U.S.C. 951 et graph (3); braries or the enhancement of library and in- seq.) is amended— (B) by inserting after paragraph (1) the fol- formation services through effective and effi- (1) in section 4(a) (20 U.S.C. 953(a)), by lowing: cient use of new technologies, including striking ‘‘Institute of Museum Services’’ and ‘‘(2) GRANT DISTRIBUTION.—In awarding projects that enable library users to acquire inserting ‘‘Institute of Museum and Library grants, the Director shall take into consider- digital literacy skills and that make infor- Services’’; and ation the equitable distribution of grants to mation resources more accessible and avail- (2) in section 9 (20 U.S.C. 958), by striking museums of various types and sizes and to able; and ‘‘Institute of Museum Services’’ each place different geographic areas of the United ‘‘(B) dissemination of information derived the term appears and inserting ‘‘Institute of States’’; and from such projects;’’; and Museum and Library Services’’. (C) in paragraph (2)— (2) in paragraph (3)— (i) in subparagraph (A), by striking TITLE III—MUSEUM SERVICES (A) by striking ‘‘digitization’’ and insert- ‘‘awards’’; and ing ‘‘digitizing’’; and SEC. 301. PURPOSE. (ii) in subparagraph (B), by striking ‘‘, but (B) by inserting ‘‘, including the develop- Section 272 (20 U.S.C. 9171) is amended— subsequent’’ and inserting ‘‘. Subsequent’’. ment of national, regional, statewide, or (1) in paragraph (3), by inserting ‘‘through SEC. 304. AUTHORIZATION OF APPROPRIATIONS. local emergency plans that would ensure the international, national, regional, State, and Section 275 (20 U.S.C. 9176) is amended— preservation of knowledge and library collec- local networks and partnerships’’ after (1) by striking subsection (a) and inserting tions in the event of a disaster’’ before ‘‘; ‘‘services’’; the following: and’’. (2) in paragraph (5), by striking ‘‘and’’ ‘‘(a) GRANTS.—For the purpose of carrying SEC. 207. LAURA BUSH 21ST CENTURY LIBRARIAN after the semicolon; out this subtitle, there are authorized to be PROGRAM. (3) in paragraph (6), by striking the period appropriated to the Director $38,600,000 for Subtitle B (20 U.S.C. 9121 et seq.) is amend- and inserting a semicolon; and fiscal year 2011 and such sums as may be nec- ed by adding at the end the following: (4) by adding at the end the following: essary for each of the fiscal years 2012 ‘‘CHAPTER 4—LAURA BUSH 21ST CENTURY ‘‘(7) to encourage and support museums as through 2016.’’; LIBRARIANS a part of economic development and revital- (2) by striking subsection (b); ization in communities; (3) by redesignating subsection (c) as sub- ‘‘SEC. 264. LAURA BUSH 21ST CENTURY LIBRAR- ‘‘(8) to ensure museums of various types IAN PROGRAM. section (b); and and sizes in diverse geographic regions of the ‘‘(a) PURPOSE.—It is the purpose of this (4) by adding at the end the following: United States are afforded attention and chapter to develop a diverse workforce of li- ‘‘(c) FUNDING RULES.—Notwithstanding support; and brarians by— any other provision of this subtitle, if the ‘‘(9) to support efforts at the State level to ‘‘(1) recruiting and educating the next gen- amount appropriated under subsection (a) for leverage museum resources and maximize eration of librarians, including by encour- a fiscal year is greater than the amount ap- museum services.’’. aging middle or high school students and propriated under such subsection for fiscal postsecondary students to pursue careers in SEC. 302. DEFINITIONS. year 2011 by more than $10,000,000, then an library and information science; Section 273(1) (20 U.S.C. 9172(1)) is amended amount of not less than 30 percent but not ‘‘(2) developing faculty and library leaders, by inserting ‘‘includes museums that have more than 50 percent of the increase in ap- including by increasing the institutional ca- tangible and digital collections and’’ after propriated funds shall be available, from the pacity of graduate schools of library and in- ‘‘Such term’’. funds appropriated under such subsection for formation science; and SEC. 303. MUSEUM SERVICES ACTIVITIES. the fiscal year, to enter into arrangements ‘‘(3) enhancing the training and profes- Section 274 (20 U.S.C. 9173) is amended— under section 274 to carry out the State as- sional development of librarians and the li- (1) in subsection (a)— sessments described in section 274(a)(4) and brary workforce to meet the needs of their (A) in the matter preceding paragraph (1), to assist States in the implementation of communities, including those needs relating by inserting ‘‘, States, local governments,’’ such plans.’’. to literacy and education, workforce devel- after ‘‘with museums’’; TITLE IV—REPEAL OF THE NATIONAL opment, lifelong learning, and digital lit- (B) by redesignating paragraphs (5) COMMISSION ON LIBRARIES AND IN- eracy. through (10) as paragraphs (6) through (11), FORMATION SCIENCE ACT ‘‘(b) ACTIVITIES.—From the amounts pro- respectively; SEC. 401. REPEAL. vided under section 214(a)(2), the Director (C) by striking paragraphs (3) and (4) and (a) IN GENERAL.—The National Commission may enter into arrangements, including inserting the following: on Libraries and Information Science Act (20 grants, contracts, cooperative agreements, ‘‘(3) supporting the conservation and pres- U.S.C. 1501 et seq.) is repealed. and other forms of assistance, with libraries, ervation of museum collections, including ef- (b) TRANSFER OF FUNCTIONS.—The func- library consortia and associations, institu- forts to— tions that the National Commission on Li- tions of higher education (as defined in sec- ‘‘(A) provide optimal conditions for stor- braries and Information Science exercised tion 101 of the Higher Education Act of 1965 age, exhibition, and use; before the date of enactment of this Act (20 U.S.C. 1001)), and other entities that the ‘‘(B) prepare for and respond to disasters shall be transferred to the Institute of Mu- Director determines appropriate, for projects and emergency situations; seum and Library Services established under that further the purpose of this chapter, such ‘‘(C) establish endowments for conserva- section 203 of the Museum and Library Serv- as projects that— tion; and ices Act (20 U.S.C. 9102). ‘‘(1) increase the number of students en- ‘‘(D) train museum staff in collections (c) TRANSFER AND ALLOCATION OF APPRO- rolled in nationally accredited graduate li- care; PRIATIONS AND PERSONNEL.—The personnel brary and information science programs and ‘‘(4) supporting efforts at the State level to and the assets, contracts, property, records, preparing for careers of service in libraries; leverage museum resources, including state- and unexpended balance of appropriations, ‘‘(2) recruit future professionals, including wide assessments of museum services and authorizations, allocations, and other funds efforts to attract promising middle school, needs and development of State plans to im- employed, held, used, arising from, available

VerDate Mar 15 2010 04:35 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.032 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8250 CONGRESSIONAL RECORD — SENATE November 29, 2010 to, or to be made available for the functions United States have diabetes and 57,000,000 often lead to the development of diabetes, in- and activities vested by law in the National people of the United States have pre-diabe- cluding— Commission on Libraries and Information tes; (A) being over the age of 45; Science shall be transferred to the Institute Whereas diabetes is a serious chronic con- (B) having a specific racial and ethnic of Museum and Library Services upon the dition that affects people of every age, race, background; date of enactment of this Act. ethnicity, and income level; (C) being overweight; (d) REFERENCES.—Any reference to the Na- Whereas the CDC reports that Hispanic, (D) having a low level of physical activity tional Commission on Libraries and Informa- African, Asian, and Native Americans are level; tion Science in any Federal law, Executive disproportionately affected by diabetes and (E) having high blood pressure; and Order, rule, delegation of authority, or docu- suffer from diabetes at rates that are much (F) having a family history of diabetes or ment shall be construed to refer to the Insti- higher than the general population; a history of diabetes during pregnancy; and tute of Museum and Library Services when Whereas according to the CDC, 3 people are (3) supports decreasing the prevalence of the reference regards functions transferred diagnosed with diabetes every minute; type 1, type 2, and gestational diabetes in under subsection (b). Whereas each day, approximately 4,384 peo- the United States through increased re- f ple are diagnosed with diabetes; search, treatment, and prevention. Whereas in 2007, the CDC estimates that f PRIVILEGES OF THE FLOOR approximately 1,600,000 individuals aged 20 COMMEMORATING THE 100TH ANNI- Mr. BAUCUS. Mr. President, I ask and older were newly diagnosed with diabetes; VERSARY OF THE WEEKS LAW unanimous consent that the following Whereas a joint National Institutes of staff be allowed floor privileges during Mr. LAUTENBERG. Mr. President, I Health and CDC study found that approxi- ask unanimous consent that the Agri- consideration of the food safety bill: mately 15,000 youth in the United States are James Baker, Mary Baker, Will Kel- diagnosed with type 1 diabetes annually and culture Committee be discharged from logg, Nicole Lemire, Deborah Ma, approximately 3,700 youth are diagnosed further consideration and the Senate Brychan Manry, Nicole Marchman, with type 2 diabetes annually; now proceed to S. Res. 679. The PRESIDING OFFICER. Without Jack McGillis, Kane Ossorio, and Lisa Whereas according to the CDC, between 1980 and 2007, diabetes prevalence in the objection, it is so ordered. Yen. United States increased by more than 300 The clerk will report the resolution The ACTING PRESIDENT pro tem- percent; by title. pore. Without objection, it is so or- Whereas the CDC reports that over 24 per- The assistant legislative clerk read dered. cent of individuals with diabetes are as follows: undiagnosed, a decrease from 30 percent in Mr. DODD. Mr. President, I ask unan- A resolution (S. Res. 679) commemorating 2005; imous consent that Monica Anatalio, a the 100th anniversary of the Weeks Law. detailee to the Committee on Home- Whereas the National Diabetes Fact Sheet issued by the CDC states that more than 10 There being no objection, the Senate land Security and Governmental Af- proceeded to consider the resolution. fairs, be granted floor privileges for the percent of adults of the United States and 23.1 percent of people of the United States Mr. LAUTENBERG. I ask unanimous reminder of this session. age 60 and older have diabetes; consent that the resolution be agreed The ACTING PRESIDENT pro tem- Whereas the CDC estimates that 1 in 3 peo- to, the preamble be agreed to, and the pore. Without objection, it is so or- ple of the United States born in the year 2000 motions to reconsider be laid upon the dered. will develop diabetes in the lifetime of that table. f individual; The PRESIDING OFFICER. Without Whereas the CDC estimates that 1 in 2 His- objection, it is so ordered. SUPPORTING THE GOALS AND panic, African, Asian, and Native Americans The resolution (S. Res. 679) was IDEALS OF AMERICAN DIABETES born in the year 2000 will develop diabetes in agreed to. MONTH the lifetime of that individual; Whereas according to the American Diabe- The preamble was agreed to. Mr. LAUTENBERG. Mr. President, I tes Association, in 2007, the total cost of di- The resolution, with its preamble, ask unanimous consent that the agnosed diabetes in the United States was reads as follows: Health, Education, Labor, and Pen- $174,000,000,000, and 1 in 10 dollars spent on S. RES. 679 sions Committee be discharged from health care was attributed to diabetes and Whereas the 100th anniversary of the Act further consideration of S. Res. 676, its complications; of March 1, 1911 (commonly known as the and the Senate proceed to its imme- Whereas according to a Lewin Group ‘‘Weeks Law’’) (16 U.S.C. 552 et seq.), marks diate consideration. study, in 2007, the total cost of diabetes (in- one of the most significant moments in concluding both diagnosed and undiagnosed dia- servation and Forest Service history; The PRESIDING OFFICER. Without betes, pre-diabetes, and gestational diabetes) objection, it is so ordered. Whereas New Hampshire, along with the was $218,000,000,000; southern Appalachians, was at the center of The clerk will report the resolution Whereas a Mathematica Policy study efforts to pass the Weeks Law; by title. found that, for each fiscal year, total expend- Whereas John Wingate Weeks, sponsor of The assistant legislative clerk read itures for Medicare beneficiaries with diabe- the Weeks Law, was born in Lancaster, New as follows: tes comprise 32.7 percent of the Medicare Hampshire, and maintained a summer home budget; A resolution (S. Res. 676) supporting the there that is now Weeks State Park; Whereas according to the CDC, diabetes goals and ideals of American Diabetes Whereas, in 1903, the Appalachian Moun- was the seventh leading cause of death in Month. tain Club, and the newly formed Society for 2007 and contributed to the deaths of over the Protection of New Hampshire’s Forests, There being no objection, the Senate 230,000 Americans in 2005; helped draft a bill for the creation of a forest proceeded to consider the resolution. Whereas there is not yet a cure for diabe- reserve in the White Mountains; Mr. LAUTENBERG. I ask unanimous tes; Whereas passage of the Weeks Law on consent that the resolution be agreed Whereas there are proven means to reduce March 1, 1911, was made possible by an un- to, the preamble be agreed to, the mo- the incidence of, and delay the onset of, type precedented collaboration of a broad spec- tions to reconsider be laid upon the 2 diabetes; trum of interests, including the Appalachian Whereas with the proper management and Mountain Club, the Society for the Protec- table, with no intervening action or de- treatment, people with diabetes live healthy, bate, and any statements related to the tion of New Hampshire Forests, industri- productive lives; and alists, small businesses, and the tourist in- resolution be printed in the RECORD. Whereas American Diabetes Month is cele- dustry; The PRESIDING OFFICER. Without brated in November: Now, therefore, be it Whereas, in 1914, the first 7,000 acres of objection, it is so ordered. Resolved, That the Senate— land destined to be part of the White Moun- The resolution (S. Res. 676) was (1) supports the goals and ideals of Amer- tain National Forest were acquired in Ben- agreed to. ican Diabetes Month, including— ton, New Hampshire, under the Weeks Law; The preamble was agreed to. (A) encouraging the people of the United Whereas national forests were established The resolution, with its preamble, States to fight diabetes through public and continue to be managed as multiple use reads as follows: awareness about prevention and treatment public resources, providing recreational op- options; and portunities, wildlife habitat, watershed pro- S. RES. 676 (B) increasing education about the disease; tection, and renewable timber resources; Whereas according to the Centers for Dis- (2) recognizes the importance of early de- Whereas the forest conservation brought ease Control (referred to in this preamble as tection of diabetes, awareness of the symp- about by the Weeks Law encouraged and in- the ‘‘CDC’’), nearly 24,000,000 people of the toms of diabetes, and the risk factors that spired additional conservation by State and

VerDate Mar 15 2010 04:35 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.032 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8251 local government as well as private inter- vember 30; that following the prayer is you keep Gary Ridley because he’s ests, further protecting the quality of life in and pledge, the Journal of Proceedings the best there is in the Nation, and I the United States; be approved to date, the morning hour really believe that. Now, 8 years later, Whereas the White Mountain National For- be deemed to have expired, the time for she has done this. est continues to draw millions of visitors annually who gain a renewed appreciation of the two leaders be reserved for their I remember when I was critical of the inherent value of the outdoors; use later in the day; that following any President Clinton in 1998 when he took Whereas the multiple values and uses sup- leader remarks, the Senate resume $8 billion out of the highway trust fund ported by the White Mountain National For- consideration of S. 510, the FDA Food and put it into deficit reduction. It was est today are a tribute to the collaboration Safety Modernization Act, as provided something that was the wrong thing to of 100 years ago, an inspiration for the next for under the previous order; that upon do, and Gary Ridley stood by my side 100 years, and an opportunity to remind the disposition of S. 510, the Senate pro- for 8 years before we were able to cor- people of the United States to work together ceed to a period of morning business, rect that. So we are going to have a toward common goals on a common land- scape; and with Senators permitted to speak great road program and hopefully we Whereas President Theodore Roosevelt therein for up to 10 minutes each; fur- will be able to get into some of these stated ‘‘We want the active and zealous help ther, that the Senate recess from 12:30 things. After all, that is what we are of every man far-sighted enough to realize until 4 p.m. to allow for the party cau- supposed to be doing. the importance from the standpoint of the cus meetings; and finally, I ask that In a minute I am going to kind of nation’s welfare in the future of preserving Senator DODD be recognized to speak at identify myself as a different type of the forests’’: Now, therefore, be it 4 p.m. person than you have been hearing Resolved, That the Senate— The PRESIDING OFFICER. Without from on the floor. I happen to have the (1) recognizes the significance of the 100th distinction of being the only Repub- anniversary of the Act of March 1, 1911 (com- objection, it is so ordered. lican who objected in our conference a monly known as the ‘‘Weeks Law’’) (16 f U.S.C. 552 et seq.), to the history of conserva- couple weeks ago to the ban on ear- tion and the power of cooperation among un- PROGRAM marks, as they define it. I just had no likely allies; Mr. LAUTENBERG. Mr. President, problem doing that at all. But it is (2) encourages efforts to celebrate the cen- Senators should expect a series of up to something that is not a fun thing to do. tennial in the White Mountain National For- three rollcall votes beginning at ap- Something happened tonight that est with a focus on the future as well as to went completely by everybody. It was a commemorate the past; and proximately 9:15 tomorrow. The votes will be in relation to two Coburn mo- total change in the Republican posi- (3) encourages continued collaboration and tion, and it is a good change when Sen- cooperation among Federal, State, and local tions to suspend the rules and on the governments, as well as business, tourism, passage of the FDA Food Safety Mod- ator MCCAIN and Senator COBURN both and conservation interests, to ensure that ernization Act. talked about authorization. I have the many values and benefits flowing from often said that authorization is the the White Mountain National Forest today f only discipline on appropriations, and I to the citizens of New Hampshire, and the ORDER FOR ADJOURNMENT believe that, and that is true. So we rest of the United States, are recognized and have a situation where I have been say- Mr. LAUTENBERG. Mr. President, if supported in perpetuity. ing—not for months but for years—that there is no further business to come be- f if you will just define an earmark as an fore the Senate, I ask unanimous con- appropriations that has not been au- MEASURE READ THE FIRST sent that it adjourn under the previous thorized, I am with you. I heard them TIME—S. 3985 order following the remarks of the Sen- tonight say that. Unfortunately, that ator from Oklahoma. Mr. LAUTENBERG. I understand is not what the bill that we are going The PRESIDING OFFICER. Without that S. 3985 introduced earlier by Sen- to have before us says. ator SANDERS is at the desk, and I ask objection, it is so ordered. I would just like to do away with the for its first reading. The Senator from Oklahoma. whole word ‘‘earmarks’’ or else define The PRESIDING OFFICER. The f it in such a way as I just described it. clerk will report the bill by title. Now it seems as if everybody would be EARMARKS The assistant legislative clerk read in agreement with it, and maybe that as follows: Mr. INHOFE. Mr. President, first of is going to be the road we will be tak- A bill (S. 3985) to amend the Internal Rev- all, I appreciate the fact no one ob- ing. enue Code of 1986 to extend certain expiring jected to my unanimous consent re- Let me, first of all, before I surprise provisions, and for other purposes. quest that I will be taking my 15 min- a lot of people, give my conservative Mr. LAUTENBERG. I ask for its sec- utes from this side and 15 minutes from credentials. I have always been ranked ond reading and object to my own re- the other side and run them together. I as one of the most conservative or the quest. appreciate that very much. most conservative Member of the U.S. The PRESIDING OFFICER. Objec- Let me say, before getting into this Senate, the National Journal’s most tion having been heard, the bill will be subject, something really great hap- conservative Senator for 2009. That is read the second time the next legisla- pened today in a bipartisan nature. We the last one they gave out: ‘‘The only tive day. have a new Governor who will be com- Senator with a perfect score on 99 key f ing in to Oklahoma, MARY FALLIN, who votes.’’ I have also been voted the used to serve over in the House. In fact, ‘‘most outstanding U.S. Senator’’ by APPOINTMENT I flew her around in my airplane and Human Events. The PRESIDING OFFICER. The helped her campaign, and she won So I am a conservative. I am a con- Chair, on behalf of the majority leader, handily. servative but a conservative who loves pursuant to Public Law 107–12, appoints She made her first—she is still Gov- the Constitution. I have also been wait- the following individual as a member ernor-elect, but she made her first ing for a long time. I love these guys. of the Public Safety Officer Medal of commitment today, and I was very ex- Certainly the author of this, Senator Valor Review Board: Albert H. Gil- cited about it. We have a guy in Okla- COBURN, is a brother and I love him. lespie of Nevada vice Thomas J. Scotto homa named Gary Ridley who has been And brothers do fight sometimes. This of New York. the highway director and then the sec- fight is going to be over with and we f retary of transportation in the State are going to have a happy ending. now for years and years and years. I I have been waiting for years for this ORDERS FOR TUESDAY, was so proud that today she said she Tea Party thing to happen, for conserv- NOVEMBER 30, 2010 was going to reappoint him. atives, anti-establishment people to Mr. LAUTENBERG. Mr. President, I I can remember 8 years ago when come in, and I just get very excited ask unanimous consent that when the Governor Brad Henry, who is a Demo- when I see what we are looking at. Yet Senate completes its business today, it crat, was elected. I called him up and I we have an administration with a ma- adjourn until 9 a.m. on Tuesday, No- said: I only have one request, and that jority in both Houses that we have had

VerDate Mar 15 2010 04:35 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.034 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8252 CONGRESSIONAL RECORD — SENATE November 29, 2010 now for quite some time: spend, spend, the Environment and Public Works something great for them when we spend. When they talk about George W. Committee that has that jurisdiction. I really are not. It would be nothing Bush, look, it is this administration looked at that and I found out they short of criminal to go through all the with the increase in the debt to the were cooking the science, that it was trouble of electing great, new anti-es- amount it is now, which is a greater in- not true. tablishment conservatives, only to be crease in debt than we have had collec- Then we had the McCain-Lieberman politically correct and have them cede tively with every President, every ad- bill and all these things that would to Obama their constitutional power of ministration from George Washington pass a cap and trade which would con- the purse. That is exactly what would to George W. Bush. stitute the largest tax increase in the happen. All the time, they have been talking history of this country. We beat them I want these new people coming in to about earmarks that totally distract one at a time. The last one was Wax- tackle the three issues to really save people from the real problem. That is man-Markey. But, again, this has been America, in my opinion the deficit, the not the problem. I have been listening something that has finally evolved, debt, and Obamacare, and not be dis- on the floor now for the last 2 years. that that one, my voice in the wilder- tracted by the bogus issue of earmarks. Every night we go through the same ness 10 years ago, is now the prevailing I say ‘‘bogus.’’ It is kind of a strong thing. They talk about earmarks, ear- thought. That is why I said to my little word. Why is it bogus? It is bogus and marks, earmarks. What they do not do grandson, Jase Rapert, that I do it be- unconstitutional, but the bogus part is pay attention to the fact that during cause no one else will. shows the definition of what we are that discussion this President, with his So let me just say this. How much saying. The House of Representatives majority in both Houses, was able to more fun it would be to come down Republicans—not the Democrats, the give my 20 kids and grandkids a $3 tril- here and do the politically correct Republicans—took a moratorium, a 1- lion deficit in 1 year. It is mind-bog- thing and say: yes, earmarks are bad, year moratorium banning earmarks in gling that this could happen. But we earmarks are bad, earmarks are bad. that period of time. How did they de- hear the President say: Spend, spend, We are going to do away with ear- fine it? They said: spend. And he has used the words quite marks, and let everyone applaud before Resolved, that it is the policy of the Re- often: We need to give the people what they realize what it really is. publican Conference that no Member shall they desire. It reminds me of the story I hear the staffers right now telling request a congressional earmark, limited tax of the guy who went in the department their Members: You know, you have benefit, or limited tariff benefit, as such store and there was a beautiful, young, the greatest opportunity. You can vote terms are used in clause 9 of rule XXI of the voluptuous saleslady who came up and for this amendment to ban these ear- Rules of the House. . . . said: Sir, what is your desire? He said: marks and you can make people think What is clause 9 of rule XXI? It ap- Well, my desire is to pick you up after you are conservative, No. 1. No. 2, you plies to every appropriation or author- work and go to a fine restaurant, have can make President Obama happy be- ization. In other words, they have said: dinner, and buy a bottle of champagne, cause he is publicly supporting this. we will neither appropriate nor author- go to my place, and make mad pas- This is what he wants because this ize for a whole year. Now, the Demo- sionate love. But I need a pair of socks. means, as has been said by Senator crats are going to do it. The President Now, what we are going to have to LAUTENBERG, Senator HARKIN, and sev- is going to do it. But they say they are understand is, there is a difference be- eral others, if we do not do it, that goes not going to do it. tween desire and need. That is what I to the President. I want to explain how Of course, the authors of this amend- am here to try to do. To think we could that works in just a minute. ment, they all agreed with and praised actually have said today—now, the bill We could also be politically correct, the House for doing this. But let’s go does not do this, but it was said that so there would be a lot of them think- ahead and see what the Constitution authorizing is kind of a lost art. Sen- ing: What an opportunity this is. Peo- says, article I, section 9. Several people ator MCCAIN said that. Frankly, I do ple will think, if I vote for this amend- here have talked about the Constitu- not quite agree with that because we ment, I am a conservative. Obviously, I tion. It is times like this that I miss have an authorization committee in can make our President happy. That Bob Byrd. Senator Byrd, talking about Armed Services of which he is the will do me no harm, and I can be politi- the Constitution right now, would be ranking member, and I am the second cally correct. really outraged. It is so plain what we ranking member, and it is something Well, it has been demagoging now for are supposed to be doing here. But arti- on which we have done a pretty good so many years. Let me define what cle 1, section 9 says: job. But in other areas we have not. Webster’s Third New International Dic- No money shall be drawn from the Treas- Keep in mind, authorizing is the only tionary says about demagogy. The defi- ury but in consequence of appropriations discipline that there is to appro- nition of demagogy: ‘‘Political leaders made by law. priating. who seek to gain personal or partisan Law, that is us. Article I, section 9 of Now, I have a family picture I show advantage through specious, extrava- the Constitution. That is not the Presi- you in the Chamber. These are my 20 gant claims, promises and charges.’’ dent. kids and grandkids. I have to tell the That is what we have been listening to I would just say if you are looking at occupier of the chair that I was so now for at least the last 2 years, on a the Senate language, it says the term proud to have all of them at one table regular basis. ‘‘congressionally directed spending’’ on Thanksgiving. How many people are The big problem I have with all the means a provision primarily at the re- blessed that way? Not many. But this demagoging that has been going on quest of a Senator providing expendi- little guy here—where is Jase Rapert. every night for the last 2 years is that tures, and so forth, to an entity tar- Here he is down there on the picture, people are just not paying attention to geted to a specific State or with any— the football guy. the real problem. The real problem is everything is with or to an entity. In He came up to me one time—this is not earmarks. The real problem is that other words, they say—again, they are some time ago—and he said: PopI—‘‘I’’ during that 2-year period—when every- talking about all appropriations, all is for ‘‘Inhofe.’’ So MomI and PopI. He one is concerned about a few dollars— authorizations. We are not going to do said: PopI, why is it you do things no we found out we have increased the that anymore. We are going to let the one else will? I said: That’s the reason, debt more than it has been increased in President do that. That is what this because no one else will. the history of this country, and we whole thing is about. I am reminded of 9 years ago when have given my 20 kids and grandkids a I was so excited when I heard for the everybody—I am talking about Demo- $3 trillion deficit in just 2 years. I first time them agreeing with me. By crats and Republicans—all said global thought that was not possible. I never the way, it is not appropriate for me to warming is coming. The world is com- believed that could happen. But that is tell this group or to say publicly what ing to an end. It is manmade gases that what has happened here. They have dis- goes on inside a conference. In a Re- cause global warming. I looked into the tracted people. Get this thing behind publican conference, I can say what I science. At that time Republicans were us so we can start working on this and said, and I said to my colleagues when in the majority. I was the chairman of not make people think we are doing they were trying to get us, and they

VerDate Mar 15 2010 04:35 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.057 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE November 29, 2010 CONGRESSIONAL RECORD — SENATE S8253 did, I went up in 2008 and I went ahead The President submits a budget to money that the President wanted to and voted for a ban because I was told the House and Senate—us. There is an spend on something else and we exer- they would define it as an appropria- overall budget, but within the budget cised our Constitutional right. It didn’t tion that has not been authorized. Now, he says how much is going to be spent cost anything additional. all of a sudden—they didn’t do it then, to defend America, for roads and high- Eliminating earmarks wouldn’t allow and all of a sudden they are talking ways, for water and infrastructure, all us to change anything in the Obama about doing it, and I think I know why these things. We have these top lines budget and would allow President and I will tell you in a minute why I under which we are operating. So let’s Obama to perform our constitutional think it is. take this as an example. I happen to be duties. As I said, constitutionally that So we are having this situation now the second ranking member on the is where we are and that money would where we are saying we are not going Armed Services Committee. In his be transferred, for all practical pur- to authorize, we are not going to ap- budget last year, he had, I think, $330 poses, to President Obama. Second, it propriate. There are two reasons to ban million set aside for a launching sys- gives cover to big spenders. Under the Senate spending by either definition. It tem called a box of rockets. It is a good current definition, let’s look at two of cedes constitutional authority to the program, something we need. But with the four largest earmarks in 2008. President and also gives cover to big limited funding, we on the Armed Serv- Using the Senate definition ‘‘expendi- spenders. ices Committee—and Senator MCCAIN tures with or to an entity,’’ the fol- Let’s go back to that article I, sec- talked about this—have experts who lowing qualified as earmarks. But rath- tion 9 chart. The Constitution restricts look at our missile defense system and er than arguing as to whether they are spending only to the legislative branch say: How can we best defend America? earmarks, I will put them up to get a and specifically denies that honor to The President doesn’t know this. They perspective. These are two of them in the President. We take an oath to up- can say that comes from the Pentagon, 2008. The TARP is one that I think—I hold article 1, section 9 of the Constitu- but that is not so. That is the reality. know people get upset when I say this, tion. Now, maybe there is some doubt Instead of this launching system for but 10, 15, 20 years from now, historians about this. If you think there is some $330 million, we decide to spend that will say the most egregious vote ever doubt, let’s go back and see what the same amount of money and buy six cast by the Senate was on the $700 bil- Founders of this country said. Let’s see new, shiny FA–18 fighters or things lion bailout. You know where that what the authors of the Constitution that we knew we needed at this time. went—AIG, Chrysler, and the General said. Let’s look at James Madison. He It didn’t cost any more money. We are Motors bailout. That $700 billion was said: taking that money he wanted to spend given to an unelected bureaucrat to do The power over the purse may, in fact, be on something else and we are exer- what he preferred. regarded as the most complete and effectual cising our constitutional prerogative. Next was the PEPFAR bill, $50 bil- weapon with which any Constitution can If we substitute our appropriation for lion. The author of this amendment, arm the immediate representatives of the his budget item, it would be an ear- Senator COBURN, voted for both of people for obtaining redress of every griev- mark by any definition. If we pass this, these. I voted against them. This is ance. that means we have to take whatever something I wish all Members would The two reasons he did, if you stud- the President wants to spend on Amer- do. This is called the Inhofe factor. I ied the Federalist Papers, they said ica, and we would not do anything we know I am not as smart as a lot of guys they wanted Congress to do the spend- wanted to. So we said six new FA–18s around here. When I see billions and ing because if they do it wrong—first of were what we needed, and it didn’t cost trillions of dollars, I have to put it all, they know the needs of the people 1 cent more. somehow into a perspective that I of their State or their—whatever the In other words, we would be letting know what this costs my people in unit was at that time. If they do it the President do what James Madison Oklahoma. wrong, they can fire them. Look what wanted us to do. If you look at this in In 2009, $2 trillion in taxes was paid happened on November 2. That is ex- the Armed Services Committee, the by individuals across the country, and actly what happened. Alexander Ham- unmanned aerial vehicles, right now we $18 billion came from Oklahomans, ilton said: have 36 of them flying around South- which is about 1 percent of the Federal The legislature not only commands the west Asia over areas where there is total. The average Oklahoma individ- purse but prescribes the rules by which the combat, feeding information to our ual’s tax return was $11,100 that year. duties and rights of every citizen should be kids in the field there. We would not Therefore, the average Oklahoma tax- regulated. have unmanned aerial vehicles if it payer is responsible for providing the That is what we are supposed to be weren’t for earmarks. We took some- percentage shown here of the total doing. thing the President wanted and put Federal revenue. For every $10 million Mr. President, I have talked about that same amount of money into these in spending, Oklahomans pay about a Alexander Hamilton and James Madi- unmanned aerial vehicles. Also, we nickel—not all the State but each tax- son. Probably the guy who was most would not have our improved armored payer who files a tax return in Okla- knowledgeable on the Constitution was vehicles and add-on armor. Why do you homa. So that is what we have. Justice Joseph Story, back in the early think we on the committee spent so Put the next chart up. We see how 1800s, when he actually said in his com- much time on Iraq, Afghanistan, and that works in reality. If you take the mentary: around the world on that? We do it to amount and use the same factor to It is highly proper that Congress should find out our needs. Then we know more those two bills, the TARP bill, the $700 possess the power to decide how and when than the President knows about the billion bailout, and the $50 billion any money should be applied. If it were oth- needs. PEPFAR bill, that is $750 billion, and erwise, the executive would possess an We are doing what Hamilton, Madi- you apply that factor, each of my tax- unbounded power. Congress is made the son, and Story wanted us to do. That is paying families in Oklahoma would guardian of the Treasury. what we are supposed to do. I don’t have to have an obligation of $3,500 I say all this to impress upon any im- know how many of our young men and that year. That is what it would cost. partial patriot that the legislative women in uniform would be dead today Someone might argue that they didn’t branch—which is us—has the power to if it hadn’t been for that. We wouldn’t spend the whole $700 billion, that some spend money. How does a ban on ear- have Mine Resistant Ambush Protected of that came back in. That is true. But marks cede our authority to the Presi- vehicles. That was a congressional ear- they authorized it and said you can do dent? This is something that is heavy mark. We wouldn’t have had $14.2 mil- it. They were willing to have each tax- lifting, but I think it is very important lion for the detection of landmines and payer in Oklahoma spend $3,552 in people understand why and how this suspected bombmakers and IEDs in taxes. The total amount of requests happened. This is how it works. This is Iraq and Afghanistan. That was my that I had—in other words, earmarks— the way things work here and have for earmark on the Armed Services Com- were some $80 million, and that was many years. The Constitution is very mittee. It didn’t cost another cent. We mostly in the area of defense. Using clear. merely canceled an equal amount of the same factor for each family in

VerDate Mar 15 2010 04:35 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.058 S29NOPT1 smartinez on DSKB9S0YB1PROD with SENATE S8254 CONGRESSIONAL RECORD — SENATE November 29, 2010 Oklahoma to get to the $80 million, be- sponsible thing we are talking about our new Senator—whom I am so happy cause we are trying to defend America, doing now and lumping them all into to have with us—has said he would it would cost them 40 cents. Those are one bill to consider at the end of the argue for things for the State of Ken- earmarks—40 cents versus $3,552 that year. The value of considering these tucky. And Senator Mike Lee said: the author of this amendment we are bills individually is that it gives Sen- I wouldn’t say there’s a mandate to stop talking about would have to spend. ators the opportunity to exercise some spending for roads or any other general pur- You know, I think at some point you oversight in government. pose like that. have to look and see what this cost is. In 2009, Senators could offer amend- Another House Member, MICHELE If you go back to the chart No. 4 ments to both cut spending and strike BACHMANN, said—and I think this has there, several things have been said particular earmarks if they desired, already been stated by one of the other today that were not true. I am not say- and they did desire. Between the Senators: ing they intentionally misrepresented months of July and November of 2009, I don’t believe that building roads and the truth, but they did it inadvertently there were 18 votes specifically tar- bridges and interchanges should be consid- while being caught up in this thing. geting earmarks. Now, they failed, but ered an earmark. The statement was made by a Sen- if they had passed, it wouldn’t have Great. I agree. That is my whole ator—it might have been the occupant saved one penny. Instead of putting the point. So we are seeing these people of the chair. The statement was made money back into the pockets of the now coming around and saying: Well, that, as earmarks are going up, this is American people by reducing spending we do have a job to do. causing spending to go up. That is not or shrinking the deficit, these efforts Senator CHAMBLISS said: what is happening. If you take the to eliminate earmarks would have put There are times when crises arise or issues total amount of earmarks in 2010, ac- the money into the hands of President come forth of such importance to Georgia, cording to OMB, that would have been Obama by allowing his administration such as the Port of Savannah, that I reserve $11 billion. If you look and see what to spend the money as it saw fit. At the the right to ask Congress and the President happened each year, it goes down in end of the day, none of the money to approve funding. the amount. It started at $18 billion 5 would have been saved. President Well, there it is. So I would say those years ago and went down to $15 billion Obama wins, the American people lose. individuals who are on the other side and then to $12 billion and now to $11 In another case, Members offered an realize that is the wrong side. But let billion. So it is coming down. That is amendment to strike funding out of a me say something else. I am very proud why we have to look at this in reality. program called Save America’s Treas- of some of the talk shows. I am on I notice my good friend, Senator ures, for specific art centers through- quite a few talk shows. And when you DEMINT, from South Carolina, has been out the United States, but the money get a chance to talk, the way I am now, active in this, and the last time I spoke was simply shifted to allow the Obama and explain to people what the situa- on the floor I pointed out that Senator administration to do it. The same tion is—I am looking now at I think 12 DEMINT had all these different ear- thing happened with the transpor- major talk show hosts in America who marks that he has been able to get for tation projects. Several Members of- now pretty much agree with what I am his State, and I don’t know how you fered amendments to strike a variety saying tonight: Mike Gallagher, Mark can talk about eliminating earmarks of transportation projects in many Levin, Dennis Prager, Scott Hennen, and yet do that. States, and they were unsuccessful. So Janet Parshall, Hugh Hewitt, Michael The platitudes that are used—it is in- what happened? That money went back Savage, Crane Durham, Lars Larson, teresting when you don’t have the facts to the bureaucracy controlled by Presi- Jason Lewis, Rusty Humphries, Jerry on your side, you don’t have logic on dent Obama. Not one of these actions Doyle, and quite a few others. And it your side, but you have a population saved a dime, but it made President was not easy for them to say: Maybe who has been led to believe earmarks Obama happy because it went back to INHOFE has a point, so let’s look at this are bad—that means appropriations are his coffers. a little closer. bad, authorizations are bad unless they We have clearly demonstrated two So let me just say there is a solution. are done by the President; those indi- points. First of all, spending is the ex- And I have to give credit where credit viduals say earmarks are a gateway clusive obligation of the Senate and, is due. These are not my thoughts. This drug that needs to be eliminated in secondly, killing an earmark doesn’t is what I did. We have eight great order to demonstrate that we are seri- save a dime; it merely gives money to Americans and the conservative groups ous about fiscal restraint. There is President Obama. they head up, and I am talking about only one problem with that. It is not It reminds me of what I went through Tom Schatz, president of Citizens true. 10 years ago when I couldn’t get any- Against Government Waste; Melanie According to the Office of Manage- one to understand how they were cook- Sloan, director of Citizens for Respon- ment and Budget, again, and the Fed- ing the science and why we should not sibility and Ethnics in Washington; eral spending watchdog groups such as pass a cap and trade. Everybody Steve Ellis, Taxpayers for Common Citizens Against Government Waste, thought the world was coming to an Sense; Craig Holman, Public Citizen; earmarks have dramatically decreased end, and I was that one person. Grant- Jim Walsh, Rich Gold, Manny over the last several years. I mentioned ed, that was 10 years ago, but now it is Rouvelas, and Dave Wenhold. Thanks 2005, $19 billion; 2008, $16 billion; 2009, the prevailing thought here in Con- to them, we can put this whole ear- $15 billion; 2010, $11 billion. So while gress. In fact, the United Nations, mark issue to rest because they au- the total number of earmarks and all which started the whole concept of thored ‘‘The 5 Principles of Earmark dollars of earmarks have declined, the global warming, is having their big an- Reform.’’ There they are, the five prin- Obama deficit has ballooned to $3 tril- nual party next week and not even ciples of earmark reform. These are all lion in 2 years. So obviously they are one—none—of the media is going to the conservatives who said we really not a gateway drug, but it sounds good. show up. Hardly anyone is going to need to do something about this and at But these are the platitudes. show up to the thing because people re- the same time preserve our constitu- When they say it is symptomatic of alize it was a phony issue. It was, in tion. So I introduced, a couple of weeks all this garbage, we are talking about fact, the greatest hoax ever per- ago, S. 3939, and what I did is I took ev- real dollars here. And we can’t get petrated on the American people. I said erything they had and I put that into a down to doing something about real it, and everyone got mad at me and bill. And there it is. So take it a sec- spending until we quit demagoguing even hated me. So I do not mind being tion at a time. this issue. the only one, and I am the only one on No. 1 of the five principles: To cut I am going to give an easy way to this. the cord between earmarks and cam- correct this problem in just a minute, A couple of good things have hap- paign contributions, Congress should but if you need further proof, in 2009 pened, though. It has been mentioned limit earmarks directed to campaign the Senate performed a rare action of by several of those who were the most contributors—exactly what S. 3939 considering many appropriations bills adamant in opposition to earmarks. In does. individually rather than doing the irre- the case of Rand Paul, from Kentucky, Section 2:

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The third principle: To increase them was a congressional earmark. with terms such as ‘‘earmarks’’ as peo- transparency, Congress should create a They were all bureaucratic Obama ear- ple are thinking of them in their minds new database of all congressional earmarks. So that is the reason for that. and go to having them redefined as ap- marks. And it goes on, and they elabo- And if you want reform, that is how to propriations that have not been au- rate and say this is all something you get it. thorized. I know it is a hard concept can find, but you can’t get your hands I know there will be some Members and one that not many people want to on it. It is too complicated. So con- who will not be able to resist the fact believe, but it is much easier to over- sequently we put in our bill, in section that they can have a great opportunity simplify it and say that all earmarks 4, the following: with one vote. They can make people are bad. Well, if you define them prop- The Secretary of the Senate and the Clerk think they are conservative and give erly, I agree they would all be bad. of the House shall post on a public Web site President Obama what he wants, and Anything that is appropriated that is of their respective houses, a link to the ear- they can be politically correct. But, not authorized, in my opinion, is bad mark database maintained by the Office of Management and Budget. again, we have a solution to the prob- and should be done away with. Every one of these things—and I lem. That solution will come. So with that, this one voice in the could go through each and every one— Mr. President, in that conference I wilderness, one conservative is saying is answered in S. 3939. So if you really mentioned about 30 minutes ago, I said this is the true story. If you really do want to do something about it, pass that if you want to do something to do want to cede our constitutional au- that bill and you will have solved the away with the earmark and all this, all thority to President Obama, you can problem and you will have kept our you have to do is define an earmark as do it by passing this amendment. This constitutional duties intact. an appropriation that has not been au- allows them to get the authority we We did one more thing because it thorized. Authorizing committees are have. And if you really believe that is goes one more step. This is very impor- the discipline for appropriations. A lot the thing to do, after looking at the tant. There was an oversight, but they of our appropriating friends won’t like Constitution and what Justice Joseph all agree with this now. This goes a this idea, but that would do it. We Story and Hamilton and Madison all step further. It says that the adminis- heard several of the Senators, includ- said we are supposed to be doing here, tration—President Obama, the bu- ing my junior Senator, the author of let’s seriously consider that and re- reaucracies—will have the same trans- this amendment, and Senator MCCAIN, solve this problem, put it behind us so parency as senatorial earmarks. So saying this is good, we have done away we can quit distracting from the big Senator MCCAIN talked about lobbying with authorizing. We need to authorize spending going on today that has given these bureaucracies. Sure, they are these things. us a $3 trillion deficit in 2 years. doing it, because if we don’t do the In the Armed Services Committee, With that, Mr. President, I yield the spending or the appropriating and au- we have experts in every field. One of floor. thorizing, then the President does it. the experts is a group of people who So the bureaucracy is doing that. So look at our missile defense system. f we have a section in this bill that sub- Right now, we are in very serious prob- ADJOURNMENT UNTIL 9 A.M. jects them to the same thing. lems in this country by taking down Do you remember when Sean the site in Poland that would stop the TOMORROW Hannity came up with the 102 most ground-based interceptor site. That is The PRESIDING OFFICER. Under egregious earmarks? This is just some something we should be doing. We need the previous order, the Senate stands of them. There were 102, and I read to have redundancy. We know we can adjourned until 9 a.m. tomorrow. them all on the floor from this podium, hit a bullet with a bullet, and we Thereupon, the Senate, at 10:01 p.m; and I did it to make sure people under- should do that. We have the experts adjourned until Tuesday, November 30, stood what he had found out. I said at who know how to do that. 2010, at 9 a.m.

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PERSONAL EXPLANATION CONGRATULATING THE 2010 JOHN Service with sprucing up the Frederick Doug- GLENN HIGH SCHOOL SPELL lass House. BOWL TEAM The Honorable Lee F. Satterfield, Chief HON. JOHN BOOZMAN Judge of the Superior Court of the District of Columbia, offered these young people his in- OF ARKANSAS HON. JOE DONNELLY OF INDIANA spirational and hearty congratulations as the IN THE HOUSE OF REPRESENTATIVES keynote speaker at the graduation ceremony. IN THE HOUSE OF REPRESENTATIVES D.C. Council members Phil Mendelson and Monday, November 29, 2010 Monday, November 29, 2010 Michael Brown also praised the graduates at Mr. BOOZMAN. Madam Speaker, on rollcall Mr. DONNELLY of Indiana. Madam Speak- the ceremony. The awardees and honorees No. 579, I was not present and am not reer, I rise today to congratulate the John Glenn include Brenda Richardson, Community Liai- corded due to a family illness. Had I been High School Spell Bowl team of Walkerton In- son in the Office of D.C. Council member Mar- present, I would have voted ‘‘no.’’ diana for winning the Division II Indiana Aca- ion Barry; Ivana Williams, who successfully demic Spell Bowl held on November 13, 2010 secured the grant for this program; Nicole Straughter, of the Campbell Group, who is a f at Purdue University. Champions for the 15th time in 24 years, third-year student at the University of the Dis- HONORING THE ARIZONA STATE the spellers earned a score of 86 out of 90, trict of Columbia (UDC) David A. Clarke MUSEUM the third highest score out of all 30 teams in School of Law; Jeanne Campbell, CEO of the the four enrollment divisions at the state finals. Campbell Group; Katherine S. Broderick, John Glenn is also the only high school to win Dean of the UDC law school; Madelyn Yates, HON. RAU´ L M. GRIJALVA Spell Bowl State Championships in two dif- of the National Park Service; Julie Kutruff, Di- ferent enrollment divisions. rector, Frederick Douglass House; and Sheila OF ARIZONA Earning perfect scores at state were Seniors Lock, of WINN Development Corporation. IN THE HOUSE OF REPRESENTATIVES Erika Groves, Rachel Simms and Chloe Supporters and parents of the graduates also Jacobson; Juniors Elly Alexander and Miranda attended the ceremony to congratulate the Monday, November 29, 2010 Kafantaris; and Sophomore J.J. Silvey. Near students on their hard work in the District of perfect spellers were Senior Garrett Blad; Jun- Columbia. Mr. GRIJALVA. Madam Speaker, it is my ior Kim Lord; Sophomore Ann Heckaman- Madam Speaker, I ask the House of Rep- pleasure to rise today to honor the Arizona Davis; and Freshman Erin Patterson. Alter- resentatives to join me in celebrating the grad- State Museum on achieving re-accreditation nates on the team were Tyler Foster, Ben Kel- uates of ‘‘I Am . . . We Are’’ community serv- from the American Association of Museums. ler, Emily Thomas, Maryellen Schmalzried, ice program as they look forward to welcoming Accreditation comes after a comprehensive Sage Bladow, Chris Mahank, Morgan another class of inspiring youth. and rigorous performance appraisal which rec- Kafantaris, Katie Groves, and Raven Miller. f ognizes only the highest professional stand- The team is coached by English teacher Paul PERSONAL EXPLANATION ards of operation. The Arizona State Museum Hernandez who credited hard work and prac- joins an impressive group of 778 institutions ticing three times a week for the victory. accredited by the AAM. Again, I rise to offer my congratulations to HON. JOHN BOOZMAN the members of the John Glenn High School OF ARKANSAS The official curator for the archaeological Spell Bowl team for their extraordinary accom- IN THE HOUSE OF REPRESENTATIVES treasures of the great state of Arizona, Ari- plishments throughout the competition. zona State Museum is located in Tucson, on Monday, November 29, 2010 f the campus of the University of Arizona. Es- Mr. BOOZMAN. Madam Speaker, on rollcall tablished in 1893, it pre-dates the state and HONORING THE GRADUATES OF ‘‘I No. 578, I was not present and am not re- stands as the oldest and largest anthropology AM . . . WE ARE’’ corded due to a family illness. Had I been museum in the Southwest region. present, I would have voted ‘‘no.’’ Its archaeological repository is the largest HON. ELEANOR HOLMES NORTON f and busiest in the nation, second only to the OF THE DISTRICT OF COLUMBIA ACKNOWLEDGING ELAINE AND IN THE HOUSE OF REPRESENTATIVES Smithsonian itself. MIKE ADLER FOR THEIR GEN- Its vast and various collections, coupled with Monday, November 29, 2010 EROUS CONTRIBUTION TO RAM- the collective body of research conducted Ms. NORTON. Madam Speaker, I rise today APO COLLEGE there over the past century, are among the to ask the House of Representatives to join world’s most significant resources for the me in celebrating the graduates of the ‘‘I Am HON. STEVEN R. ROTHMAN study of southwestern peoples and the ar- . . . We Are’’ community service program. OF NEW JERSEY chaeology and history of the southwest. The ‘‘I Am . . . We Are’’ community service IN THE HOUSE OF REPRESENTATIVES program is run by Project Director Michael Among the millions of objects it holds in Monday, November 29, 2010 trust for the people of Arizona is the world’s Williams and Tamara Jenkins through the of- largest and most comprehensive collection of fices of the TimeBanks, USA program initiated Mr. ROTHMAN of New Jersey. Madam Southwest American Indian pottery—some by Chris Gray and Edgar Cahn. Speaker, I rise today to recognize Elaine and 20,000 whole vessels. Equal in number and The 40 graduates performed community Mike Adler for their generous contribution to significance is its collection of Southwest service in the District of Columbia at the Na- Ramapo College of New Jersey. Mr. and Mrs. tional Park Service, The Frederick Douglass American Indian basketry. Adler have recently announced a $2 million House, The D.C. Department of Parks and gift that will finance the new Adler Center for The nation’s museums play an important Recreation, the Metropolitan Police Depart- Nursing Excellence. This donation will be the role in education, tourism and to the quality of ment and many other places, with the support lead gift in Ramapo College’s capital cam- life it provides for every community it resides of several D.C. Council members. paign to renovate its Science Center. in. The Arizona State Museum is one of these Despite coming from underprivileged and The Adler Center for Nursing Excellence will organizations and the people of Arizona have impoverished neighborhoods, the teen grad- provide a new home for Ramapo College’s these and many more reasons to be proud of uates devoted their summer beautifying our nursing programs. This building will double the their state museum. many parks and assisting the National Park size of available laboratories and classroom

∑ 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 05:15 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.001 E29NOPT1 pwalker on DSKD5P82C1PROD with REMARKS E1992 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2010 space for nursing students. The Adlers’ gift will pointed assistant principal in 1960 and was Jenny Huang, Richard Jung, Neena help fulfill a critical need, felt both on campus elevated to principal in 1964. After serving as Kallookulangara, Marija Lapkus, James and across the Nation, for an increase in facili- principal for 21 years, Mr. Blacksheare took a McGinness, Sheena Shah, Nithin ties, resources, and educators to train our fu- position with the Seminole County School Varadharajan, and Andy Wang. They are ture nurses. The Nursing Programs at Ram- Board before retiring in 1992 with 43 years of coached by Peter De Kever. apo College have clinical partnerships with service in education. Mr. De Kever noted that their goal was not Englewood Hospital and Medical Center, as In addition, Mr. Blacksheare is also a proud only winning, but doing so with a perfect well as The Valley Hospital. These unique Kappa man. He was a great role model for me score. He said, ‘‘They executed perfectly and partnerships allow students to experience and others in our community, serving Kappa all their hard work came to fruition.’’ The team some of the best nursing departments in the Alpha Psi Fraternity in many leadership roles. practices centered on repetition, and they country. Ramapo College is one of the few in- In fact, I became a Kappa at Fisk University wrote an estimated 30,000 words this season stitutions that offers a masters of science in because of Mr. Blacksheare. When he found as part of the training. Again, I offer my con- nursing, which prepares nurses to serve as out that I had pledged Kappa at Fisk Univer- gratulations to the members of the Penn High educators in their field. sity, he was so excited. Years later, when I School Spell Bowl team for their accomplish- Mike and Elaine are longtime supporters of was nominated for Kappa Alpha Psi Frater- ments throughout the competition. Ramapo College. Amongst their many con- nity’s highest award, the Laurel Wreath, he f tributions, the Adlers have established an en- wrote one of the first letters to the Laurel TRIBUTE TO WALTER J. BECKERT dowed scholarship program to ensure that fi- Wreath Committee on my behalf. Brother III nancially disadvantaged students are not ex- Blacksheare truly knows the meaning of PHI cluded from receiving a quality college edu- NU PI. cation. Elaine serves on the Ramapo College Mr. Blacksheare is a man of great faith and HON. DIANA DeGETTE OF COLORADO Foundation Board of Governors, which exists excellent character. He is a man known for his IN THE HOUSE OF REPRESENTATIVES to provide resources that will make a dif- many good works and his love for his stu- ference in the college’s quest for educational dents, family, and friends. As a Crooms Acad- Monday, November 29, 2010 excellence. In 1999, Mike and Elaine received emy alumnus, I am grateful for the many Ms. DEGETTE. Madam Speaker, I would honorary degrees and were recognized at years of guidance and leadership Mr. like to recognize the wonderful life and excep- Ramapo College’s Distinguished Citizens Din- Blacksheare devoted to my alma mater. He tional accomplishments of a remarkable man. ner. The Adlers are a true embodiment of the has always displayed selfless compassion and This distinguished citizen possessed an im- American dream. In 1949, they founded Myron a desire to help those around him. A student pressive record of civic leadership and invalu- Manufacturing in the basement of their home, in the Class of 1976 described Mr. able service. His achievements in making our and it has since grown into a large inter- Blacksheare as, ‘‘a man of great strength and city and state a better place merit our recogni- national corporation, based out of Maywood, patience . . . a principal who is interested in tion and gratitude. It is to commend this emi- New Jersey, within my congressional district. today’s youth, concerned with our welfare and nent citizen that I rise to honor Walter ‘‘Uncle Madam Speaker, today I would like to ex- our school.’’ I can think of no one else more Walt’’ Beckert III. press my profound thanks to my dear friends deserving of this tremendous honor, which will Walt Beckert, ‘‘Uncle Walt’’ to all, devoted Elaine and Mike Adler for their generous con- be bestowed upon him at the ‘‘Legacy of Hope his time, skill and energy to making our state tribution to Ramapo College’s nursing pro- and Love Banquet.’’ and our community a better place. Walt grams and for their lifelong commitment to Madam Speaker, it is truly a privilege and achieved a Masters in Bilingual Education, serving their community. an honor for me to recognize Mr. Edward Curriculum Development and Administration f Blacksheare, Sr., for his dedication to edu- from the University of Colorado. He served in cation, Crooms Academy, its students, and the the Peace Corps where he worked in Ecuador CONGRATULATING MR. EDWARD L. Sanford community as a whole. on bilingual education and curriculum develop- BLACKSHEARE, SR. FOR HIS f ment. COUNTLESS CONTRIBUTIONS TO Walt was a labor leader and political activist EDUCATION AND THE SANFORD PERSONAL EXPLANATION who was in the vanguard of those dedicated COMMUNITY to economic and social justice. As an AFL– HON. JOHN BOOZMAN CIO Colorado executive board member, HON. ALCEE L. HASTINGS OF ARKANSAS former president of AFSCME Council 76, and OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Vice President of local 158; Walt was a union IN THE HOUSE OF REPRESENTATIVES man through and through. Anyone who knew Monday, November 29, 2010 Monday, November 29, 2010 him was impressed by his unending spirit, Mr. BOOZMAN. Madam Speaker, on rollcall drive and determination. Walt was an example Mr. HASTINGS of Florida. Madam Speaker, No. 577, I was not present and am not re- of a true union leader in every sense of the I rise today to congratulate my dear friend, Mr. corded due to a family illness. Had I been term. Walt cared about all working people, not Edward L. Blacksheare, Sr., on being honored present, I would have voted ‘‘no.’’ just those of his organization. His dedication by the Crooms Academy Alumni Association, f and commitment to the labor movement was Inc. at its first-ever ‘‘Legacy of Hope and Love without question. Banquet.’’ This ceremony will honor Mr. CONGRATULATING THE 2010 PENN As a long time employee of the City and Blacksheare’s distinguished career as an edu- HIGH SCHOOL SPELL BOWL TEAM County of Denver as Director of Denver’s Safe cator and his countless contributions to the City Office, Walt worked to prevent violence Sanford community. Mr. Blacksheare has al- HON. JOE DONNELLY by and against youth. His work allowed him to ways welcomed the challenge to serve the un- OF INDIANA witness families that have fallen on hard derserved, and it is this devotion that has IN THE HOUSE OF REPRESENTATIVES times, whether by drugs, illness, or victimiza- earned him recognition from the Crooms Monday, November 29, 2010 tion. These experiences gave him a unique Academy Alumni Association. perspective in helping youth and were a moti- Mr. Blacksheare carries himself with integ- Mr. DONNELLY of Indiana. Madam Speak- vating factor in his community service inter- rity, respect, and dedication in everything he er, I rise today to congratulate the Penn High ests. These interests lead him to be appointed does for his profession and community. A look School Spell Bowl team of Mishawaka, Indi- to the Governor’s Commission on Community into his background shows just how successful ana for winning at the Division I Indiana Aca- Service. he has been on both of these fronts. As a demic Spell Bowl held at Purdue University on Walt was an invaluable member of any Sanford, Florida native, Mr. Blacksheare at- November 13, 2010. Penn won with a perfect committee or endeavor. From labor union, to tended Crooms Academy, graduating in 1943. score, and has now won or tied for first place political party to the St. Patrick’s Day Parade After college, Mr. Blacksheare came back to in the Class I Division with perfect scores committee, he was always there with a smile Sanford and began his career as an educator since 1999. and a hug and an attitude that made everyone at Oviedo High School. In 1948, he returned Spell Bowl team members included Maddy want to work harder. He made every job look home to Crooms Academy as a teacher, Anderson, Maaz Arif, Nitin Arora, Nisha Bhatt, easy and fun, and with Uncle Walt it was. which marked the beginning of a long and il- Alex Cao, Christy Chang, Laura Harmon, Aus- Our thoughts and our prayers are with his lustrious career. Mr. Blacksheare was ap- tin Heckaman, Leah Hershberger, Yifei Hu, loved ones. Please join me in celebrating the

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Madam Speaker, I rise to that began in 1974 when she was elected as OF CALIFORNIA honor the career and achievements of Thom- IN THE HOUSE OF REPRESENTATIVES a member of the Davis Joint Unified School as Max Willson of Traverse City, Michigan. District Board of Education and where she Monday, November 29, 2010 Tom is retiring after nearly 30 years of diligent served 3 terms. She was elected to the Yolo Mr. ISSA. Madam Speaker, I rise today to public service in the 86th Judicial District County Board of Supervisors in 1986 and re- recognize the honorable civil service of Cathy Court in Traverse City. Throughout his long elected in 1990 and 1994. In 1996 she won Glaser and commend her tremendous career career, Tom has performed his duties with the the 8th district seat in the California State As- of thirty six years with the San Diego County utmost dedication and professionalism while sembly where she served three terms. Registrar of Voters Office. being a devoted husband and father. Tom is As a legislator Thomson chaired both the Joining the team at San Diego County in also a dear friend of mine. Health Committee and the Select Committee on Mental Health and served on numerous 1976 with the District Attorney’s office, Family Tom was born in Detroit, Michigan on Janu- Support Division, Ms. Glaser began her his- standing and select committees. She was on ary 12, 1951 and grew up in Royal Oak, toric tenure with the County that has made an the leadership teams of four Speakers, includ- Michigan; graduating from Shrine High School impression on countless San Diegans. ing as Majority Floor Whip and Assistant Transferring to the Registrar of Voters Office in 1969. Following high school, Tom enrolled Speaker Pro Tem. She led legislative efforts to as a Senior Clerk in 1977, Ms. Glaser was at Northwestern Michigan College in Traverse reform the state-local government fiscal rela- soon promoted to Candidate Filing. She filled City where he and I became good friends. In tionship and to end discrimination against an invaluable role by assisting candidates in 1973, Tom transferred to Ferris State Univer- those who suffer from serious mental illness. all their filing aspects. sity in Big Rapids, Michigan where he earned Assemblywoman Thomson authored 81 bills Starting with San Diego County at the age a Bachelor of Arts degree in Criminal Justice. signed into law by both Democratic and Re- of 22, and now ending at the helm of Cam- After earning his college degree in 1975, publican governors. Most notably was AB 88, paign Services, Ms. Glaser has worked for 8 Tom knew he wanted to serve the public and the mental health parity bill, which ended the Registrars’ of Voters. She has seen 9 election play an integral role in his community. Tom historic discrimination in insurance benefits for those who suffer from mental illness and AB cycles of Presidents, Governors, U.S. Sen- headed back to Traverse City where he ators, State Senators, State Assembly, County 1421, ‘‘Laura’s Law,’’ which established a served as a sheriff deputy for Grand Traverse Supervisors, Mayors, City Councilmembers, court ordered program of Assisted Outpatient County. After two years as a sheriff deputy, Community College Boards and School Treatment for those persons who are severely Boards to name a few. She has supervised Tom continued his career in public service as mentally ill. Thomson’s legislation spanned a the ballot preparation for all of the candidates a probation officer for the 86th District Judicial spectrum of subjects including local govern- for these offices as well as state, county and Court, serving the counties of Grand Traverse, ment finance, civil grand jury reform, highway local propositions and measures. Antrim and Leelanau. safety, county social services delivery, water Ms. Glaser has seen the transformation Looking for a change in his professional life, conservation, and the rights of the disabled. from the time of less than 5,000 Absentee Tom entered the private sector and became a In 2002, when her assembly term ended, Voters, voting on ‘‘paper’’; and when results sales supervisor with H. Cox & Sons Whole- Thomson again was elected to the Yolo Coun- were delivered on election night. She has sale Distributor. Additionally, Tom was given ty Board of Supervisors and was re-elected without opposition in June 2006. She will retire since been at the forefront of change with now the incredible opportunity to teach classes as at the end of her term in December 2010. Su- more than 700,000 Vote by Mail Voters. an adjunct instructor at Northwestern Michigan pervisor Thomson has served on a variety of Under Ms. Glaser’s guidance and expertise, College (NMC). To this day, Tom continues to San Diego County has won several awards for local and statewide boards. Of continuing im- enlighten students at NMC every semester streamlining the election process. She also portance to her is the Children’s Health Initia- with his experience and insightful teachings. created the prominent ‘‘Candidate’s Guide’’ tive, which works to insure children 0–18, who which has become the ‘‘go to’’ guide for can- Tom’s passion for public service never are not covered by other health insurance pro- didates, consultants, treasurers and campaign faded. He returned to the 86th District Judicial grams, the Yolo Indigent Health Medical Serv- managers. Her work is often used as a model Court to work as a probation officer in 1987— ices Program and the county’s alcohol, drug for other counties across the nation. the same position he will be retiring from on and mental health programs. A registered It is an honor to recognize her three and a December 31 of this year. Tom married his nurse, she is a member of the National Advi- half decades of dedicated, professional public college sweetheart Deborah in May of 1974. sory Committee for the newly established service. I offer Ms. Glaser my congratulations Tom and Debbie celebrated their 36th wed- Betty Irene Moore School of Nursing at UC on her achievements. ding anniversary this year. They have two Davis. A champion of Yolo County agriculture, Su- Madam Speaker, I ask you to please join daughters, Heather and Ashley, and a grand- pervisor Thomson is a founder of the Yolo me in paying tribute to Ms. Glaser’s loyal serv- daughter, Ava Rose. ice to the San Diego County Registrar of Vot- Land Trust and this year was awarded its ers on the occasion of her retirement. On a personal note, Tom has been a dear 2010 Thomson-Rominger award for her dec- friend who is always ready to help out and go ades of work in land conservation. A major f the extra mile. He and Debbie have frequently goal of her county service was the adoption of offered to host out of town visitors and show the new County General Plan in December PERSONAL EXPLANATION them the beauty of northern Michigan. Tom is 2009. This 2030 General Plan continues Yolo known in Washington as an unofficial ambas- County’s historic preservation of agricultural HON. JOHN BOOZMAN sador to northern Michigan. lands, natural resources and open space, OF ARKANSAS while creating opportunities for strategic eco- Madam Speaker, Thomas Max Willson has IN THE HOUSE OF REPRESENTATIVES nomic development. It emphasizes policies devoted his career to serving and protecting that address issues of ‘‘smart growth’’ and cli- Monday, November 29, 2010 the residents of his local community and the mate change. Mr. BOOZMAN. Madam Speaker, on rollcall State of Michigan. I ask my colleagues in the Madam Speaker, it is appropriate at this No. 576, I was not present and am not re- U.S. House of Representatives to join me in time to acknowledge and thank Helen M. corded due to a family illness. Had I been recognizing and honoring his lifetime of com- Thomson for her 36 years of exemplary lead- present, I would have voted ‘‘no.’’ mitment and hard work. ership and her lasting contributions that have

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f HON. JOHN BOOZMAN HON. PETER J. ROSKAM OF ARKANSAS OF ILLINOIS HONORING ARMY MASTER IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES SERGEANT MITTMAN Monday, November 29, 2010 Monday, November 29, 2010 Mr. ROSKAM. Madam Speaker, I rise today HON. DAN BURTON Mr. BOOZMAN. Madam Speaker, on rollcall to congratulate a special constituent from my No. 580 I was not present and am not re- congressional district, Mary Alice D’Arcy, on OF INDIANA corded due to a family illness. her upcoming retirement. For the past thirty IN THE HOUSE OF REPRESENTATIVES years, she has had a remarkable impact on Had I been present, I would have voted Easter Seals DuPage and the Fox Valley Re- Monday, November 29, 2010 ‘‘yes.’’ gion. Since 1981, Mary Alice has served as Presi- Mr. BURTON of Indiana. Madam Speaker, f dent and CEO of Easter Seals, one of the today I rise to celebrate and honor the service largest out-patient pediatric rehabilitation cen- of Army Master Sergeant Jeffrey Mittman for HONORING JUDGE WILLIAM C. ters in Illinois. Under her leadership, Easter receiving the Osborne A. ‘‘Oz’’ Day AbilityOne HARRISON Seals was awarded the highest possible ac- Awareness Award. The prestigious ‘‘Oz’’ creditation for outpatient rehabilitation from the Award is presented by the Committee for Pur- Commission for Accreditation of Rehabilitation chase from People Who Are Blind or Severely HON. MIKE THOMPSON Facilities in 2007 and 2010. Disabled to an employee at a federal agency OF CALIFORNIA Mary Alice has been an important advocate of the organization’s mission to enable infants, who demonstrates exceptional service pro- IN THE HOUSE OF REPRESENTATIVES moting the AbilityOne Program throughout the children and adults with disabilities to achieve federal, state and local communities. Monday, November 29, 2010 independence. She has dedicated her life to helping these individuals in overcoming obsta- Now, the National Account Manager for the Mr. THOMPSON of California. Madam cles, and has been a great friend and mentor National Industries for the Blind’s Midwest Re- Speaker, I rise today to recognize Judge Wil- to families across the State of Illinois. gion, Master Sergeant Mittman supports a liam C. Harrison, who is retiring after serving Madam Speaker and Distinguished Col- mission of employment for others with disabil- 20 years as a Superior Court Judge in Solano leagues, please join me in recognizing her ex- ities by promoting the AbilityOne Program County, California. traordinary service and wishing her every hap- through the federal procurement process in In- Judge Harrison was appointed to the bench piness in the well deserved respite of her re- diana’s 5th Congressional District. This patri- in 1990 by California Governor George tirement. ot’s story is a remarkable one, for his story Deukmejian. He twice served as Presiding f does not start nor finish here with this award. Judge of the Courts and was Supervising HONORING THOMAS DREWES OF Master Sergeant Mittman’s indefatigable Judge of the Civil Division for four years, the RARITAN TOWNSHIP, NEW JERSEY commitment to serve his fellow Americans Criminal Division for two years and the Vallejo began as a soldier in the United States Army Branch for two years. He is a past judge of HON. LEONARD LANCE in 1989. Having fought in Operation Desert the Juvenile Delinquency and Dependency OF NEW JERSEY Storm, Operation Desert Shield, Operation En- Calendars and past probate judge. He cur- IN THE HOUSE OF REPRESENTATIVES rently serves as President of the Solano during Freedom, and in 2003, Operation Iraqi Monday, November 29, 2010 Freedom, Master Sergeant Mittman was the County Law Library Board. Mr. LANCE. Madam Speaker, I rise today to He served as a member of the Executive All-American hero who never turned down de- pay special tribute to Mr. Thomas Drewes of Board of the California Judges Association fending his country. It wasn’t till his return to Raritan Township, New Jersey. Iraq in 2005 as a special advisor to the Iraqi and was a member of its Public Information At the end of 2010, Thomas Drewes will re- Department of the Interior that he came face and Education Committee and the Probate tire from the United States Department of Agri- to face with death changing his life forever. and Mental Health Committee. He served as culture’s Natural Resources Conservation President of the organization in 2000–2001. Tragically, an improvised explosive device Service after 36 years of dedicated public exploded near his vehicle in Iraq, leaving Mas- Judge Harrison was also a member of the service. ter Sergeant Mittman without a nose, lips, Judicial Council of California, the policymaking Throughout his long and distinguished ca- most of his teeth, and the majority of his vi- body of the California courts, which is the larg- reer Mr. Drewes has been an enthusiastic ad- sion. Since that time, he has endured more est court system in the Nation. He served as vocate for the importance of soil health and Vice Chair of the Council’s Internal Rules and has inspired many educational and outreach than 40 operations and spent over four years Project Committee and Chair of the Internal efforts in New Jersey. Thomas Drewes has recovering physically and emotionally. To his Litigation Management Committee. He has made a real difference in his community and great credit, he has traveled the country shar- also served as an instructor and facilitator for throughout New Jersey as a lead conserva- ing the lessons he learned from these experi- the California Center for Judicial Education tionist. ences with the world. and Research, the educational arm of the Ju- Over the years Mr. Drewes has received nu- He is noted for saying it is the veteran who dicial Council which provides continuing edu- merous awards for his contributions to con- has to take that very first step to recovering cation to California’s judges, and is currently servation. In 2005 Mr. Drewes was nominated and that he realized this after attending the co-chair of the Presiding Judges and Court by his peers and selected to receive the New Blinded Veterans Association Conference in Executive Officers Executive Committee. Jersey ‘‘State Conservationist Award’’ for his leadership in conservation in the Garden 2006, where he met people who were blinded For the last eight years, Judge Harrison has State. In 2010 the New Jersey Association of years ago who are now attorneys, teachers served by appointment of the Chief Justice of Conservation Districts presented Mr. Drewes and business executives. After realizing life California on working groups and task forces with a ‘‘Special Recognition Award’’ for his can be good in spite of having a disability, he dealing with judicial selection, court fees, the commitment and dedication to conservation in decided to help others who also have disabil- transfer of court facilities to the state, and ities find jobs and lead meaningful lives. New Jersey. That same year Mr. Drewes re- court security. ceived the ‘‘Employee Choice Award’’ from the Master Sergeant Mittman, a 40-year-old Madam Speaker, Judge Harrison has New Jersey Conservation District Employees decorated warrior, husband of 17 years, father served his community well and has distin- Association. of two and outspoken military veteran was and guished himself throughout his career as an It gives me great pleasure to share the re- forever will be an All-American hero whose attorney practicing in Vallejo, California and as markable efforts of Mr. Thomas Drewes of determination and selflessness continue to a member of the bench. It is therefore appro- Raritan Township, New Jersey with my col- serve our country and inspire our hearts. priate that we acknowledge his many contribu- leagues in the United States Congress and Today, we salute you. tions and wish him well on his retirement. with the American people.

VerDate Mar 15 2010 05:15 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.009 E29NOPT1 pwalker on DSKD5P82C1PROD with REMARKS November 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1995 I am honored to join his friends, family and And what child may be born? fore returning to the Midwest and in 1973 colleagues in congratulating him on his retire- All from your love Jerod, upon battlefields of joined the burgeoning progressive rock station ment after 36 years of service to the people of honor adorned! WXRT in Chicago, where she has stayed for That might so save the world, who now lives New Jersey in making a real difference in my on . . . 37 years. home state’s conservation efforts. And all those lives you saved, just moments In 1981, Ms. Hemmert’s career took off Congratulations Tom and best of luck to you from the grave . . . when she became Chicago’s first female in your retirement. And what children, all on this morning will morning drive personality. The knowledge and f awake? love of the music she played, coupled with her With but the greatest gift of all, in their infectious personality made Terri Hemmert PERSONAL EXPLANATION hearts to take! With a Mother or Father, a Sister or Brother one of the household names in the city’s ring HON. JOHN BOOZMAN whose fine lives you saved . . . of FM broadcasters. As a renowned Beatles expert, she was the ideal candidate to host OF ARKANSAS Brother . . . Brother, oh how it’s for you I cry! Chicago’s Fest For Beatles Fans, a position IN THE HOUSE OF REPRESENTATIVES A promise I’ve made, as I wipe these tears she’s held for 30 years. Monday, November 29, 2010 from my eyes! Ms. Hemmert contributes to the City of Chi- Mr. BOOZMAN. Madam Speaker, on rollcall That I will live for you, each and every new day, every sunrise! cago in other vital ways. She serves on the No. 575, I was not present and am not re- To the fullest! All in your fine name! Board of Directors of the Peace Museum, Fac- corded due to a family illness. Had I been And if ever I have a new son, your name will ets Multimedia and many other non-profit or- present, I would have voted ‘‘yes.’’ be his . . . this one! ganizations. She teaches the History of Rock f Brother . . . Brother . . . I am so very proud and Soul at Columbia College Chicago and of you! BROTHER . . . BROTHER . . . COM- lends her expertise as an advisor to the stu- All in what you have done . . . oh yes it’s dent radio station. BAT MEDIC SPC JEROD HEATH true! OSBORNE, UNITED STATES ARMY Only the good die young, as now you shine Madam Speaker, I ask my colleagues to join all up in Heaven’s sun! me in recognizing Terri Hemmert and her ex- As an Angel In The Army of our Lord, with traordinary career, numerous contributions to HON. RALPH M. HALL your new battle begun! OF TEXAS gender equality in broadcasting and bringing To watch over us, as Thy Will Be Done! joy to thousands of Chicagoans stuck in traffic IN THE HOUSE OF REPRESENTATIVES Brother . . . Brother . . . on their morning commutes. I would like to Monday, November 29, 2010 All across Texas this night . . . As we lay our heads down to rest, as comes congratulate Ms. Hemmert on a life of accom- Mr. HALL of Texas. Madam Speaker, I rise a gentle rain . . . plishment with more sure to come. today to honor a great American family, and a As upon us, are but our Lord’s tears to wash fallen hero and his brother. On July 5, 2010, over us . . . f Combat Medic SPC Jerod Heath Osborne of And so bless us, to so ease our pain! Royce, Texas, of the 4/73 82nd Airborne, died As he cries for your most sacred sacrifice, RECOGNIZING THE WORK OF MI- during an IED explosion in Afghanistan. In his this rain . . . CHAEL REAGAN, AN ARTIST AND short life he was a combat medic, an Angel on Brother . . . Brother . . . I cannot wait until VIETNAM WAR VETERAN FROM up in Heaven we meet again . . . EDMONDS, WASHINGTON the Battlefield, the ones who rush in while all And we won’t have to cry anymore, all in around the face of hell is going on. The lives this pain . . . that he has saved in his brief but great life will Brother, Brother, once you so wanted to be be measured in the future, with children and just like me . . . HON. JAY INSLEE heroes that he has saved. His brother SSG Now, I’m the one who so wants . . . to be like OF WASHINGTON Wautash Grillett of the 10th Mountain Div. 1st you! Combat Team 2nd Batt. 22nd Infantry, on Brother . . . Brother . . . Amen . . . IN THE HOUSE OF REPRESENTATIVES September 21 of that same year almost died f Monday, November 29, 2010 in a mortar attack and is currently fighting to PERSONAL EXPLANATION save his leg. This family, throughout the gen- Mr. INSLEE. Madam Speaker, all members erations, has served our nation in the Armed of this body and indeed all Americans are Forces. As recently as the Vietnam war, their HON. JOHN BOOZMAN united in the high esteem we have for the men uncle James Carter gave his life in the name OF ARKANSAS and women of our Armed Forces who have of freedom. The very bed of our Nation’s free- IN THE HOUSE OF REPRESENTATIVES given their lives in service to our country. dom is built upon selfless families, our prayers Monday, November 29, 2010 A constituent of mine provides a grand ex- and thoughts go out to them. SGG Grillett has ample in this regard. Mr. Michael Reagan, a said that his brother Jerod always wanted to Mr. BOOZMAN. Madam Speaker, on rollcall portrait artist residing in Edmonds, Wash- be just like him, but now he wants to be like No. 574 I was not present and am not re- ington, a member of the U.S. Marine Corps, a his brother. corded due to a family illness. Had I been combat veteran of the Vietnam War, and a present, I would have voted ‘‘yes.’’ BROTHER ... BROTHER ... member of the local Veterans of Foreign Brother . . . Brother . . . f Wars, has committed himself to providing sur- My . . . HONORING TERRI HEMMERT viving families with hand-drawn portraits of My Brother’s Gift . . . every man or woman killed in Iraq and Af- So very precious, as was this . . . ghanistan. To date, Mr. Reagan has com- My Brother’s Faith, shall forever so wave HON. MIKE QUIGLEY pleted over 2,400 portraits of servicemembers. ... OF ILLINOIS My Brother’s life, one of such so sure selfless These portraits make a difference. A wife of sacrifice . . . IN THE HOUSE OF REPRESENTATIVES a fallen Marine wrote to Mr. Reagan, ‘‘I sit in All in his amazing grace . . . Monday, November 29, 2010 the living room every day looking at the por- My Brother’s life, so very short . . . yet Mr. QUIGLEY. Madam Speaker, I rise today trait you drew . . . It just brings me a little bit shines so bright! of peace because I feel like he’s right there Moments, are all we have! to recognize the outstanding achievements in To grab hearts, To Make A Difference . . . to broadcasting of Chicago’s own Terri Hemmert. with me.’’ Heaven rise! Ms. Hemmert, who is already featured in the In honoring the dead and comforting the liv- As an Angel on The Battlefield . . . Rock and Roll Hall of Fame’s ‘‘Rock and ing, Mr. Reagan helps the families to hold As into the face of death Jerod, you so ran Radio’’ exhibit, was inducted into The Radio their loved ones in their hearts forever and . . . and not to yield . . . Hall of Fame on November 6, 2010. helps assure that our Nation will never forget To but so save sacred life, as was your mission . . . as was his most divine light! Ms. Hemmert first fell in love with music the service they gave and the sacrifice they From dusk to dawn, as a battlefield combat after watching The Beatles on The Ed Sullivan made. I believe we should reflect on Mr. Rea- medic your courage worn! Show as a child in Piqua, Ohio. She began gan’s contribution and ask ourselves how we, As all around you Jerod, the face of death so her career in broadcasting as a late night disc- too can continue to honor the brave men and swarmed! jockey at WCMF in Rochester, New York, be- women of our Armed Forces.

VerDate Mar 15 2010 05:15 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K29NO8.007 E29NOPT1 pwalker on DSKD5P82C1PROD with REMARKS E1996 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2010 PERSONAL EXPLANATION agreed with how I was going to vote was to lie’s strong leadership. When Charlie was sit down and write a TV or radio commercial elected President of the organization in 1992, HON. JOHN BOOZMAN that he would run against me in the next elec- membership stood at just over 75,000. Mem- OF ARKANSAS tion and then say, ‘‘If you can counter that in bership today stands at just under 112,000 IN THE HOUSE OF REPRESENTATIVES a 30 second TV spot or a 60 second radio members. This is a testament to Charlie’s spot, then go ahead and vote that way. If you leadership and the dedicated staff and mem- Monday, November 29, 2010 can’t, then maybe it isn’t the right thing for the bership he has surrounded himself with. More- Mr. BOOZMAN. Madam Speaker, on rollcall district.’’ over, public servants from both political parties No. 573 I was not present and am not re- Four years ago, when I became Chairman agree that Missouri Farm Bureau continues to corded due to a family illness. of the Energy & Commerce Committee’s Over- be one of the most respected organizations in Had I been present, I would have voted sight & Investigations Subcommittee, Scott our state. ‘‘yes.’’ took over to handle my O&I work in addition No tribute to Charlie would be complete f to his Chief of Staff duties. He assisted in doz- without mentioning Charlie’s wife, Pam. I be- ens of hearings into such critical issues as our lieve it is clear to all that Pam’s dedication to HONORING THE SERVICE OF nation’s nuclear weapon’s labs, cyber security, her husband and her family enabled Charlie to SCOTT SCHLOEGEL food and drug imports, health care reform, work so hard for rural Missouri. Pam’s unself- automobile safety, telecommunications and ishness and generosity of time and energy are HON. BART STUPAK energy hearings. He has a great mind for to be commended. OF MICHIGAN oversight and investigations and I could al- On behalf of the farmers and ranchers of IN THE HOUSE OF REPRESENTATIVES ways count on him to think ahead and rep- Southern Missouri and the grateful constitu- Monday, November 29, 2010 resent my interests with the Committee staff. ents of the Eighth Congressional District, I Over the years, we have done a tremen- congratulate Charlie and Pam on this occa- Mr. STUPAK. Madam Speaker, I rise today dous amount of good for our nation and north- sion. Thank you, Charlie, for your 18 years of to pay tribute to my good friend and Chief of ern Michigan and I know that along the way, dedicated leadership with Missouri Farm Bu- Staff Scott Schloegel. Scott has worked for me Scott has taken as much joy in helping his reau. Best of wishes to you and your family as for nearly two decades in both the Michigan home district as I have. We have frequently you pursue new challenges in the many bright House of Representatives and in Congress. reflected upon the many accomplishments of years ahead of you. Over the years, Scott has demonstrated an my tenure and the multitude of improvements f unwavering dedication to his work, and I am across northern Michigan as a result of our PERSONAL EXPLANATION forever grateful for his tireless service to both work on improving infrastructure, helping busi- me and the citizens of northern Michigan. nesses secure financing for research and de- Scott began his service in 1990 when, fresh velopment, and securing financing for commu- HON. JOHN BOOZMAN off his graduation from Northern Michigan Uni- nities and universities across the district. OF ARKANSAS versity, he came to work as my legislative aide Madam Speaker, as I prepare to leave this IN THE HOUSE OF REPRESENTATIVES in Lansing, MI. When I came to Congress in great institution, I want to thank Scott for his Monday, November 29, 2010 1993, Scott served as my District Director in leadership and friendship over all these years. Michigan where he oversaw hiring staff and Mr. BOOZMAN. Madam Speaker, on rollcall I also want to thank his wife Kirsten and his No. 572, I was not present and am not re- opening six of my district offices. He instilled daughters Emma and Lauren for the sacrifice in the district staff that casework and con- corded due to a family illness. Had I been they have made as Scott toiled for Michigan’s present, I would have voted ‘‘no.’’ stituent service should be their main focus and First Congressional District. Kirsten and the f a hallmark of my tenure. As District Director, girls had to put up with Scott working ex- Scott logged hundreds of hours on the road tremely long hours and I know there are times HONORING KENNETH ROBERTS OF with me and represented me at countless where he put service to me above his duties LAKE COUNTY, CALIFORNIA meetings and events across northern Michi- at home. Any elected official will tell you that gan. He would meet with local officials, hold the sacrifice of service is one that can test the constituent outreach hours and would speak to HON. MIKE THOMPSON strength of relationships at home, and I want OF CALIFORNIA groups for me while I was in Washington. Kirsten and the girls to know that I truly do ap- IN THE HOUSE OF REPRESENTATIVES Scott had a great feel for the political land- preciate the fact that they have allowed Scott Monday, November 29, 2010 scape of my rural district, and for more than to serve the people of Michigan and our na- four years he worked determinedly to help tion. I ask my colleagues in the U.S. House of Mr. THOMPSON of California. Madam raise the profile of our office and convert what Representatives to join me in recognizing Speaker, I rise today to recognize Mr. Kenneth was a solid Republican area into one that con- Scott Schloegel’s 20 years of public service. Roberts, who is celebrating his 80th birthday sistently supported me with increasing re-elec- f this Saturday. Mr. Roberts is being honored at tion margins. a luncheon to commemorate this milestone In 1997, I asked Scott to become my Chief HONORING CHARLIE KRUSE along with his years of service to the commu- of Staff. Scott and his wife Kirsten moved to nity. DC and began what would become a 131⁄2- HON. JO ANN EMERSON Mr. Roberts was born in Washington State year reign as my top advisor. Over the ensu- OF MISSOURI in 1930. He went on to serve as a Buck Ser- ing years, we have been through many histor- IN THE HOUSE OF REPRESENTATIVES geant in the United States Marine Corps dur- ical and personal tribulations. During the years ing the Korean War before settling in Lake that Scott was my Chief of Staff, we experi- Monday, November 29, 2010 County with his wonderful wife, Irene. He had enced the impeachment trial of President Clin- Mrs. EMERSON. Madam Speaker, I rise a long and fruitful career with Homestake Min- ton; the cliffhanger election between Vice today to pay tribute to Charlie Kruse for his 18 ing and retired in 1995. President Al Gore and then Governor George years of service as President of the Missouri Mr. Roberts is a committed activist and out- W. Bush; the terrorist attacks on September Farm Bureau Federation. doorsman. He is known for his patience, toler- 11, 2001; the anthrax attacks; the DC sniper; Over the years, Charlie’s uncommonly wise ance and kind demeanor, but he’ll never shy and key legislative battles regarding guns, en- counsel has been a blessing, as it was for my away from a lively debate on the issues. He ergy, health care and many more. Also during late husband, Bill, before me. Whether it was is an avid hiker who is a member of the this time, Scott and I both lost our mothers changes in agriculture policy, EPA regulations, Redbud Audubon Society and Sierra Club. His and my son B.J. passed away. or even school funding, I know I can rely on commitment and passion for his community Throughout my tenure I knew that I could al- Charlie and the folks at Missouri Farm Bureau has also manifested itself in his work with the ways count on Scott to give me sound advice to provide, honest, reliable assessments for Lake County Adult Literacy Coalition. Ken on political and legislative issues. When he rural Missouri. But more important than Char- mentored three Hispanic adults in reading and disagreed with me he would not hesitate to tell lie’s advice, I appreciate Charlie’s friendship; writing English and tutored one in preparation me so. And, while he didn’t win every battle, and I look forward to keeping it for years to for the U.S. Citizenship exam, which his stu- I knew that he always had my best interests come. dent passed. and the best interests of northern Michigan in Missouri Farm Bureau has grown to be an Madam Speaker and colleagues, it is appro- mind. One of his favorite tactics when he dis- even more effective organization under Char- priate at this time that we thank my friend Mr.

VerDate Mar 15 2010 05:15 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.018 E29NOPT1 pwalker on DSKD5P82C1PROD with REMARKS November 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1997 Kenneth Roberts for the work he has done on RETIREMENT TRIBUTE TO SOLANO positive and collaborative relationships among behalf of the people an environment of Lake COUNTY SUPERINTENDENT OF educational institutions, professional organiza- County and wish him a happy 80th birthday. I SCHOOLS DEE ALARCON tions, governmental agencies, and members join his 7 children, 18 grandchildren, 30 great of the community. grandchildren and 3 great-great grandchildren HON. GEORGE MILLER When asked to comment on the leading fac- in wishing him continued good health and ful- OF CALIFORNIA tor motivating her to serve in the education fillment. IN THE HOUSE OF REPRESENTATIVES profession, Dee explains, ‘‘I have never lost focus of why I am in this business—for the Monday, November 29, 2010 f children.’’ Mr. GEORGE MILLER of California. Madam As Superintendent Dee Alarcon retires, we ACKNOWLEDGING WORLD Speaker, we rise to recognize Dee Alarcon, are pleased to have this opportunity to thank REMEMBRANCE DAY Superintendent of Solano County Office of her publically for her remarkable leadership Education, as she retires after 42 years of out- and dedication to excellence in education. Our HON. DAN BURTON standing public service through education. children, their families, and our entire commu- Before being elected to serve as Solano nity have benefitted immensely from her work. OF INDIANA County’s Superintendent of Public Education, Hers is a lasting legacy and we join together IN THE HOUSE OF REPRESENTATIVES Dee Alarcon worked for 20 years as a teach- with Dee’s husband Alex, her sons A.J. and er, principal and administrator in half of Solano Monday, November 29, 2010 Phil, her extended family and friends to wish County’s six school districts—Dixon, Travis her the very best in her retirement. Mr. BURTON of Indiana. Madam Speaker, I and Benicia. During this period she also f rise today to take a moment to pay my re- taught at the university level. In 1998, Dee spects to road traffic victims in honor of World began working for the Office of Education as PERSONAL EXPLANATION Day of Remembrance, this Sunday. Since the Director of Curriculum and Instruction/Pub- 1993, this special Remembrance Day re- lic Information Office, then as Director ACSA HON. JOHN BOOZMAN sponds to the great need that road crash vic- Principals Academy, and quickly moved up to OF ARKANSAS tims and their loved ones harbor for public Associate Superintendent of Educational Serv- IN THE HOUSE OF REPRESENTATIVES recognition of their loss and pain. ices, then Associate Superintendent/Chief Monday, November 29, 2010 The sense of grief and distress of this large Business Official, and finally to Deputy Super- group of people is all the greater because intendent from 2001–2003. It was in 2003 that Mr. BOOZMAN. Madam Speaker, on rollcall many of the victims are young and many of Dee was elected as the first female county su- No. 570 I was not present and am not re- the crashes could have been prevented. The perintendent in Solano County’s 158-year his- corded due to a family illness. Had I been response to road death and injury is often ex- tory; rightfully, an achievement of great pride present, I would have voted ‘‘yes.’’ perienced as inadequate, cruelly unsympa- for her. f thetic, and inappropriate to a loss of life or Professionally Dee has been an outstanding leader among her peers. She is well-known HONORING JANICE KAMENIR- quality of life. In 2005, the United Nations took REZNIK it global, endorsing it to be the third Sunday in across the nation for her expertise in profes- November each year, encouraging NGOs, sional development for teachers and adminis- such as the Association for Safe International trators and her depth of knowledge has made HON. HOWARD L. BERMAN Road Travel to commemorate this day. her a subject-matter expert in curriculum and OF CALIFORNIA Clinton Oster, an environment and public instruction. She holds life teaching and admin- IN THE HOUSE OF REPRESENTATIVES istrative service credentials including a Bach- policy professor at Indiana University in Monday, November 29, 2010 Bloomington, served as chairman of a com- elor of Arts in Fine Arts from California State University, Chico, and a Master of Arts in Edu- Mr. BERMAN. Madam Speaker, it gives me mittee that wrote a report on reducing traffic great pleasure to rise today and pay tribute to deaths in our Nation, released on Tuesday. cational Administration from California State University, Sacramento. an outstanding citizen of our country, my good According to the report, transportation safety As Solano County Superintendent, Dee has friend Janice Kamenir-Reznik. She is being authorities in other countries have been suc- directed and implemented the strategic plan honored as the Co-Founder and President of cessful at reducing fatalities by taking a dif- for the Office of Education, developed and Jewish World Watch (JWW) at the Global Soul ferent overall approach, with an emphasis on monitored the $64 million budget, and mon- event on February 1, 2011. Janice is one of demonstrating and documenting programs that itored the combined school district budgets of Los Angeles’ most dedicated activists, as seen work and then aggressively making their case $500 million. In 2007, Solano County was by her relentless advocacy for human and civil for those programs with political leaders and awarded ‘‘America’s Promise 100 Best Com- rights worldwide. the public. munities for Young People’’ with the Office of Through co-founding JWW with Rabbi Har- It is estimated that 1.3 million people die in Education serving as lead agency in submit- old M. Schulweis, Janice has directed the en- road crashes each year. Unless action is ting the application. It is with great pride that ergies of this effective Jewish movement to taken, road traffic injuries are predicted to be- we note Solano County has won this distin- focus attention on ending current and future come the fifth leading cause of death by 2030. guished designation a total of three times. genocides and mass atrocities. Her dedication As Oster said, if such programs were widely Dee Alarcon also represents the Solano and efforts to end the current crises in regions adopted in the U.S., it’s probable that thou- County Office of Education through her mem- such as the Sudan and the Democratic Re- sands of lives could be saved each year. berships in various professional organizations public of Congo are clear examples of her It is my hope that recognizing Remem- and committees. She was recognized with a compassionate and caring nature. brance Day will signal the importance the Women of Distinction Award in 2004 by So- JWW urges individuals and communities to issue of reducing road danger to government. roptimist International of Dixon for her out- take local action to produce powerful global standing service in education and to the com- results in the fight against genocide. The orga- f munity. nization has impressively enlisted 65 syna- Dee has been elected President of the gogues, and works in coalition with schools, PERSONAL EXPLANATION ACSA, Region 4, and served on ACSA’s state churches, individuals, communities, and part- Board of Directors for 3 years. In 2005, ACSA ner organizations that share a vision of a honored her as Administrator of the Year. She world without genocide. JWW has successfully HON. JOHN BOOZMAN currently serves as the President of the Asso- influenced legislation that ends the trade of OF ARKANSAS ciation of Educational Service Agencies, conflict minerals from Congo which funds IN THE HOUSE OF REPRESENTATIVES AESA, Council and she will direct the Associa- armed groups committing atrocities in the region. They also provide high-impact relief and Monday, November 29, 2010 tion of California School Administrators, ACSA, Superintendents Academy this year at development projects that improve the lives of Mr. BOOZMAN. Madam Speaker, on rollcall the Solano County Office of Education. survivors and help build the foundation for a No. 571 I was not present and am not re- Additionally, Dee’s experience in community stable region. corded due to a family illness. Had I been relations and collective bargaining along with Janice is a pillar of society and a role model present, I would have voted ‘‘yes.’’ her amiable personality are assets in fostering for all of us. As President of JWW, she has

VerDate Mar 15 2010 05:15 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.022 E29NOPT1 pwalker on DSKD5P82C1PROD with REMARKS E1998 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2010 demonstrated not only the influence of advo- erage glucose) every 3 to 6 months. The A1C rectly to the well-being and prosperity for cacy but the power of action as well. She en- test measures how well they are managing many families in Southern New Jersey. sures that this important movement will not their diabetes over time. A1C can also be re- As a leader in Greek American initiatives, ‘‘stand idly by’’ as she continues to provide ported as estimated Average Glucose, or Mr. Efstratiades’s service is truly extraordinary. educational awareness, advocacy and direct eAG. In most cases, it is important to keep Serving as chairman of the Greek American relief efforts in the killing fields of Sudan and A1C less than 7 percent (eAG less than 154 Chamber of Commerce, he has worked to cul- war-torn Congo. mg/dl). tivate relationships and ease business strug- Madam Speaker and distinguished col- Blood Pressure—People with diabetes gles for countless Greek and Cypriot-American leagues, I ask you to join me in saluting Jan- should have a target blood pressure of less businesspeople. Mr. Efstratiades’s civic lead- ice Kamenir-Reznik for her invaluable con- than 130/80 mmHg. ership helped him earn this prestigious title, tributions and dedication to the JWW cause. Cholesterol—LDL (bad) cholesterol should while his tireless efforts have garnered him the f be below 100 mg/dl; HDL (healthy) cholesterol respect and admiration of his peers and col- should be above 40 mg/dl for men and 50 mg/ leagues. NOVEMBER IS AMERICAN dl for women; triglycerides should be below Madam Speaker, Anastasius Efstratiades’s DIABETES MONTH 150 mg/dl. commitment to South Jersey must be recog- Diabetes is an epidemic in New York City, nized. I wish him the best in his future en- HON. EDOLPHUS TOWNS fueled by the increase in obesity nationwide deavors and thank him for his continued dedi- OF NEW YORK and worldwide. In the past 15 years, the num- cation to Cypriot Americans. IN THE HOUSE OF REPRESENTATIVES ber of people with diabetes in NYC has more f Monday, November 29, 2010 than doubled. In 2008, 550,000 New Yorkers reported being diagnosed with diabetes. POSTHUMOUS TRIBUTE TO Mr. TOWNS. Madam Speaker, I rise today Though serious, diabetes can be prevented SERGEANT WILLIE JAMES QUINCE to acknowledge November as National Diabe- and controlled—weight management is an im- tes Month. This is a time for us to officially portant step. HON. BILL PASCRELL, JR. recognize the importance of and to increase Therefore, I encourage everyone to talk to OF NEW JERSEY the awareness of this relentless, debilitating their doctor, participate in some form of phys- IN THE HOUSE OF REPRESENTATIVES and—without question deadly disease. If left ical activity, maintain a healthy diet and take Monday, November 29, 2010 undiagnosed or untreated, the consequences your medications. These are just a few pre- of diabetes are far more serious than many ventive measures that you can do in taking Mr. PASCRELL. Madam Speaker, I would people realize. This month is an opportunity control of your diabetes. So, please join me in like to call your attention to the life and work for Americans to look at diabetes differently recognizing November as National Diabetes of an outstanding individual, the late Sergeant and to get involved to stop and prevent this Month and increasing the awareness by jump Willie James Quince of Paterson, New Jersey, disease. starting your way to a healthier life. whose life will be celebrated during a memo- Currently, there are nearly 24 million Amer- rial service on Monday, November 29, 2010, f ican children and adults who have diabetes; at the First A.M.E. Zion Church. there are another 57 million Americans that PERSONAL EXPLANATION It is only fitting that he be honored in this, have prediabetes, putting them at high risk for the permanent record of the greatest democ- developing the disease. Every minute three HON. JOHN BOOZMAN racy ever known, for he served countless oth- people are diagnosed with diabetes and over OF ARKANSAS ers throughout his lifetime. 700,000 New Yorkers have the disease—al- Sergeant Willie James Quince was born in IN THE HOUSE OF REPRESENTATIVES most a third do not know they have it and Valdosta, Georgia, in 1921 to Mr. Remer more than 100,000 of them with very poorly Monday, November 29, 2010 Quince and Helen Braswell. His family moved controlled diabetes are at high risk of heart at- Mr. BOOZMAN. Madam Speaker, on rollcall to West Palm Beach, Florida, for where he fin- tack, stroke, kidney failure, blindness, and am- No. 569, I was not present and am not re- ished elementary school and graduated from putations. corded due to a family illness. Had I been Industrial High School. He went on to courses The American Diabetes Association esti- present, I would have voted ‘‘yes.’’ at Purple Kerpels School of Mechanical Den- mates that the total cost of diagnosed diabe- f tistry in New York City, NY. He then studied tes in the United States is more than $174 bil- 4 years at the Jones Barber School in Atlantic lion annually. Further published studies sug- IN HONOR OF ANASTASIUS City, NJ, and the Interracial Barber College in gest that when additional costs for gestational (TASSOS) EFSTRATIADES Atlantic City, NJ, graduating in three years. diabetes, prediabetes and undiagnosed diabe- After graduation, he moved to Paterson, N.J. tes are included, the total diabetes-related HON. ROBERT E. ANDREWS in January 1958 and opened Quince’s Barber costs in the United States could exceed $218 OF NEW JERSEY Shop. billion each year if people do not have access IN THE HOUSE OF REPRESENTATIVES He was married to Mary M. Quince for 61 to the tools necessary to manage their diabe- years, and together they raised five children, tes. Every day, nearly 200 people with diabe- Monday, November 29, 2010 Wiley ‘‘Sonny’’ Quince, William A. Quince tes will undergo an amputation, 130 people Mr. ANDREWS. Madam Speaker, I rise (Linda), Madgeline Z. Quince, Sylvia A. Lucas, enter end-stage kidney disease programs and today to honor Mr. Anastasius, Tassos, and Kelvin C. Quince (Cora); and also now 50 people go blind from diabetes. Diabetes Efstratiades, whose personal commitment to have ten grandchildren and thirteen great kills more Americans each year than breast preserve the proud heritage of Cypriot Ameri- grandchildren. Mr. Quince was a faithful hus- cancer and AIDS combined. cans and efforts to raise awareness of the band, dedicated father, grandfather and great Diabetes is not merely a condition; it is a continued strife in Cyprus is worthy of recogni- grandfather, and a committed community serv- disease with deadly consequences. Drastic tion. ant. He earned many accolades and had a action is needed from everyone for we simply Mr. Efstratiades’s love for his homeland is long record of accomplishment as a forerunner cannot afford to continue to ignore this epi- admirable and his accomplishments as a fa- for civil rights and a leader throughout demic. The most critical thing you can do is to ther and businessman are truly inspirational. Paterson. He was a long time member of First take control of your own health and to encour- Mr. Efstratiades, a partner at Obermayer, A.M.E. Zion Church where he was elected age your family and community to do the Rebmann, Maxwell & Hippel, LLP, has been Man Of The Year multiple times, served on same. Fortunately, there are a number of named Chairman on both the Governor’s the Board of Trustees for 31 years and served steps you can take if you have or are at risk Commission on International Trade for New as Chairman for 15 years. He also served on for developing diabetes. Everyone can start by Jersey and the Cherry Hill Economic Develop- the Stewart Board, Usher Board, The Dream- knowing the ‘‘ABCs of diabetes’’; this will help ment Committee. He has also served on the ers, The Kitchen Cabinet, and The Zion Sen- in keeping it under control, as well as, prevent New Jersey General Assembly’s Task Force iors. or delay any serious and deadly complica- on Business Retention, Expansion and Export He served our Nation as a Drill Sergeant tions. The ABCs are simple and consist of the Development. In these roles Mr. Efstratiades during World War II Army Air Force and re- following: has demonstrated his abilities as a leader, ceived the Medal of Good Conduct, WWII Vic- Average Glucose—Most people with diabe- spearheading efforts to improve commerce tory Medal and ATO Medal. He was an Hon- tes should check their A1C (a measure of av- and create economic growth, contributing di- ored Life Member of the NAACP Paterson

VerDate Mar 15 2010 05:15 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.027 E29NOPT1 pwalker on DSKD5P82C1PROD with REMARKS November 29, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1999 Branch, a member of the Habitat for Humanity And Democrats promised us if their 2009 However, Congressman Leland’s greatest Paterson Chapter Tenants Selection Com- stimulus law passed, the unemployment rate passion—the fight against world hunger—was mittee for Home Ownership. He was the 1st would be 7 percent by now, which as the chart born during a three-month trip through East African-American elected chairman of the below reflects didn’t happen. Africa. There, he witnessed mobs of people Paterson Housing Authority Board of Commis- All of which suggests unemployment at 9.6 rubbing their stomachs and pleading for food sioners, and he served as Project Housing percent is not the right path for American in Ethiopian refugee camps. There, he held a Manager of Christopher Columbus Housing workers, regardless of what Secretary Solis young girl in his arms as she died of starva- Development and as Manager of the Riverside believes. tion. After that fateful visit, Congressman Le- Terrace Housing Development. He also This bill reflects a cynical political maneuver land became a dedicated crusader, raising served as Paterson’s 4th Ward Leader of the by the Democratic leadership. They know the awareness of domestic and international hun- Passaic County Democratic Party for many Senate has no plans to pass this unpaid-for ger. He was instrumental in the creation of the years. He was known for his superb social bill. So all the claims that today’s legislation Select Committee on Hunger, which in 1984 mannerisms and good conversation. will save Thanksgiving are just more empty was able to push through Congress a nearly The job of a United States Congressman in- rhetoric. $800 million aid package for famine relief. He volves much that is rewarding, yet nothing The fact is, this is exactly what happened continued to travel to Africa frequently, often compares to recognizing the lifetime achieve- this summer, when Democrats brought a simi- guiding his Congressional colleagues to ref- ment of a giving person such as Sergeant lar unpaid-for extension bill up under suspen- ugee camps so they could see for themselves Willie James Quince. sions. That failed, because enough Repub- the dramatic impact of the aid money. Madam Speaker, I ask that you join our col- licans and Democrats opposed simply adding It was during a trip to Africa, during which leagues, Willie’s family and friends, and me in to the deficit. You would think our Democrat he planned to monitor the delivery of supplies recognizing the late Sergeant Willie James colleagues would have learned that lesson, and inspect a refugee camp on August 7, Quince’s outstanding life of service to his com- and either brought this up for an up or down 1989, that Congressman Leland’s plane munity. vote, or actually paid for it. Instead, we get crashed into a mountainside. He and 15 oth- f more of the same ‘‘our way or the highway’’ ers died in the course of this humanitarian approach. mission. Many of the communities he had RECOGNIZING THE 87TH ANNIVER- It will not pass, and the other side knows it. touched, both in Texas and nationally, were SARY OF TURKEY’S REPUBLIC We should reject this bill and work together to quick to honor his memory with awards, dedi- DAY quickly pass a bill to extend federal unemploy- cations, and outreach projects in Africa. His ment benefits while responsibly paying for it. greatest legacy is, of course, his family—he is HON. EDOLPHUS TOWNS f OF NEW YORK survived by his wife Alison and his three chil- IN THE HOUSE OF REPRESENTATIVES HONORING GEORGE THOMAS dren. ‘‘MICKEY’’ LELAND Madam Speaker, I ask that my colleagues Monday, November 29, 2010 join me in recognizing this remarkable man for Mr. TOWNS. Madam Speaker, I rise today HON. EDDIE BERNICE JOHNSON his lifetime of service. to offer my congratulations to the Republic of OF TEXAS f Turkey on the occasion of the 87th anniver- IN THE HOUSE OF REPRESENTATIVES sary of Republic Day. On October 29, 1923, the new republic was Monday, November 29, 2010 INTRODUCING A RESOLUTION EX- declared in the new capital of Ankara. Mustafa Ms. EDDIE BERNICE JOHNSON of Texas. PRESSING SUPPORT FOR THE Kemal Ataturk was the founder and first Presi- Madam Speaker, I rise to pay tribute to Con- REPUBLIC OF INDIA GAINING A dent of the Republic of Turkey, and his leader- gressman George Thomas ‘‘Mickey’’ Leland, PERMANENT SEAT ON THE ship proved essential to the foundation for the who lost his life in a plane crash during a hu- UNITED NATIONS SECURITY secular republic. In recent decades, the repub- manitarian mission in Ethiopia. Were he still COUNCIL lic has strengthened politically and economi- with us, he would have turned 66 last week on cally. November 27. HON. ALCEE L. HASTINGS Turkey’s membership in NATO, beginning in Congressman Leland was best known for OF FLORIDA 1952, has been one facet of a strong relation- his advocacy for low-income families and indi- IN THE HOUSE OF REPRESENTATIVES ship between Turkey and the United States. It viduals, both at home and abroad. Before he Monday, November 29, 2010 is important that our two nations continue to even held political office, he was active in work together toward our common goals. pressing for crucial health care reforms in Mr. HASTINGS of Florida. Madam Speaker, I extend my best wishes to the citizens of Houston, such as community health clinics. In I rise to introduce a resolution in support of Turkey, and urge my colleagues to recognize 1972 he ran for the Texas House of Rep- the Republic of India gaining a permanent this important occasion. resentatives as a member of the ‘‘People’s seat on the United Nations Security Council. f Five,’’ a slate of minority candidates in a state Addressing a joint session of India’s Par- liament this past November 8, President EMERGENCY UNEMPLOYMENT that had not seen an African American state Obama said that ‘‘the United States not only COMPENSATION CONTINUATION representative since Reconstruction. Con- welcomes India as a rising global power, we ACT gressman Leland won his election, and two subsequent reelections. In his tenure, he was fervently support it.’’ I could not agree more. In SPEECH OF lauded for his work to allow generic drugs to recent years India has proven to be a solid be prescribed, lowering costs and increasing and supportive ally of the United States. As HON. DAVE CAMP access to life-saving medications for many the international community looks to reform OF MICHIGAN Texans. the policies and procedures of the Security IN THE HOUSE OF REPRESENTATIVES In 1978, Congressman Leland took over the Council, no nation deserves a seat at the table Thursday, November 18, 2010 seat vacated by Barbara Jordan’s retirement more than India. Mr. CAMP. Madam Speaker, on November from the United States House of Representa- As the world’s most populous democracy— 18, 2010, U.S. Department of Labor Secretary tives. He was reelected to his position as a and second most-populous nation—India is an Hilda Solis said the fact that the U.S. unem- United States Congressman five times, typi- increasingly influential power, not only in its ployment rate was 9.6 percent in October cally winning majorities of 90 percent or more. neighborhood in South Asia but also on the 2010 (as opposed to 10.1 percent in October Initially he drew attention with his unique world’s stage. India is one of the fastest-grow- 2009) ‘‘tells you . . . we are on the right sense of style, later for his ability to develop ing economies in the world, enjoys the sec- path.’’ bipartisan partnerships. Congressman Leland ond-largest labor force, and is rapidly becom- The facts show that the U.S. unemployment chaired the Congressional Black Caucus in ing a major hub for high-tech industry, tele- rate has been 9.5 percent or above for 15 the 99th Congress, from 1985 to 1987. He communications, and automobile manufac- consecutive months—the longest period since was an ally to all minority groups, including turing. As a major export/import nation, India the Great Depression of the 1930s. the many Latinos in his district. He once sur- is an important trading partner for dozens of The unemployment rate hasn’t fallen since prised his colleagues by arguing in Spanish on countries around the world. spring—when hundreds of thousands of tem- the House Floor in favor of preserving the bi- India’s position at the nexus of global secu- porary Census jobs were ‘‘created.’’ lingual clauses of the Voting Rights Act. rity issues, from Pakistan and Kashmir to

VerDate Mar 15 2010 05:15 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A29NO8.031 E29NOPT1 pwalker on DSKD5P82C1PROD with REMARKS E2000 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 2010 China and the Indian Ocean, makes its partici- away last night at the age of 65 after a brief munity with distinction and passion, and has pation in international security decisions es- battle with liver cancer. He will be deeply been an outspoken and effective advocate for sential. Having already provided tens of thou- missed. issues of importance to the Jewish community sands of troops for dozens of UN peace- Dr. Miller graduated from medical school at the state and federal level. keeping missions around the world, India has from the University of Cape Town in South Af- Before joining the JCRC, Nancy worked for earned a permanent role for itself in security rica and specialized as an anesthesiologist at the Commonwealth of Massachusetts as Dep- decision-making, global conflict resolution, and Harvard Medical School. After teaching at Har- uty Director of the Governor’s Office of Human questions of war and peace. As a nation vard for three years, he transferred to the Uni- Resources, Assistant Secretary of Health and which has suffered more casualties from ter- versity of California, Irvine where he taught as Human Services and Deputy Commissioner of rorism than almost any other, India’s commit- an Assistant Professor in the Department of the Department of Public Welfare. Starting in ment to effective counterterrorism measures is Anesthesiology. January 2011, Ms. Kaufman will join the Na- aligned with the United States’ goals, and Dr. Miller later entered private practice at tional Council of Jewish Women as its new India has proved an indispensible ally with re- Orange County’s St. Joseph Hospital and Chil- President. spect to our efforts in South Asia. dren’s Hospital where he served as Chairman Ms. Kaufman is the recipient of several dis- Finally, India regularly participates in numer- of the Department of Anesthesiology and as a tinguished awards, including the Littauer Award for Excellence from the Kennedy ous regional and international organizations, member of the Board of Trustees. He was School of Government and the Award for including the G20, the World Trade Organiza- elected as the District Director for the Orange Greatest Contribution to Social Policy and So- tion, the East Asian Summit, and the South County Society of Anesthesiologists and cial Change from the Massachusetts chapter Asian Association for Regional Cooperation. served on the Board of Directors of the Cali- of National Association of Social Workers. Ms. fornia Society of Anesthesiologists. He also India has thus demonstrated a commitment to Kaufman was also awarded the Warren B. served as a member of the Claims Review international dialogue and constructive en- Kohn Award for Jewish Communal Service in gagement, and, indeed, enjoys good relations Committee of the Cooperative of American 2001, and was noted among the ‘‘Top 50’’ with most countries around the world. Physicians. American Jewish leaders in the Forward Madam Speaker, India is already a nation of Dr. Miller is a naturalized citizen of the Newspaper in 2000. great influence, respect, ambition, and ability, United States. He moved to Norco in 1997 As she concludes her tenure at the Jewish and a trusted member of the international when he married his wife, Donna, a longtime Community Relations Council of Greater Bos- community. An overwhelming majority of the resident. Since then, he has served on the ton, I wish to recognize Nancy Kaufman for United Nations General Assembly recently Streets and Trails Commission and was elect- her outstanding achievements as a citizen and elected India to serve as the Asian regional ed to the Norco City Council in 2007. Both Dr. advocate and wish her continued success in representative to the Security Council. The Miller and his wife have been avid eques- her new position. permanent membership of the Security Coun- trians, and proud members of the Norco f cil reflects the reality of global power in the im- Horsemen’s Association. Furthermore, Dr. Mil- mediate aftermath of World War II—not toler was a strong advocate for an innovative HONORING MIKE COX day’s 21st century reality of rising powers. As and forward-thinking project to convert animal President Obama and many other world lead- waste into a renewable energy source. HON. THADDEUS G. McCOTTER ers have pointed out, India deserves a perma- Dr. Miller was in his first term on the City OF MICHIGAN nent seat on a reformed Security Council, Council after being elected in 2007, and will IN THE HOUSE OF REPRESENTATIVES where its voice and clout will be a much-wel- be remembered for using his profound intellect Monday, November 29, 2010 comed and much-needed addition to the glob- to better the community around him. Mr. MCCOTTER. Madam Speaker, today I On behalf of all those who knew him, it is al security regime. I strongly applaud this ef- rise to honor and acknowledge the distin- fort and urge my colleagues to support this my honor to offer these remarks as a tribute guished career of Mike Cox, Michigan’s 52nd resolution. to the remarkable life and legacy of Dr. Miller. Attorney General. f His life and presence will be sorely missed Born on December 29, 1961, the son of and I extend my condolences to his wife and OUR UNCONSCIONABLE NATIONAL Irish immigrants, Michael Anthony Cox grad- his dear family and friends. uated from Detroit Catholic Central High DEBT f School in 1980 and went on to serve his coun- TRIBUTE TO NANCY KAUFMAN try as a Marine from 1980 until 1983. Serving HON. MIKE COFFMAN with distinction, Mike Cox rose to the rank of OF COLORADO Corporal and earned the Navy Achievement IN THE HOUSE OF REPRESENTATIVES HON. JOHN F. TIERNEY Medal and Command Marine of the Year Des- OF MASSACHUSETTS Monday, November 29, 2010 ignation. IN THE HOUSE OF REPRESENTATIVES Mike Cox graduated from the University of Mr. COFFMAN of Colorado. Madam Speak- Monday, November 29, 2010 Michigan in 1986, before earning his Juris er, today our national debt is Doctorate from the University of Michigan Law $13,794,243,004,364.88. Mr. TIERNEY. Madam Speaker, I rise today School in 1989. Mike worked in the Oakland On January 6, 2009, the start of the 111th to recognize the accomplishments of Nancy K. County Prosecutors’ office from 1989–1990. Congress, the national debt was Kaufman. For the past 20 years, Ms. Kaufman Mr. Cox joined the Wayne County Prosecu- $10,638,425,746,293.80. has served as the Executive Director of the tors’ Office from 1990–2002, serving as Direc- This means the national debt has increased Jewish Community Relations Council of Great- tor of the Homicide Unit from 2000–2002. With by $3,155,817,258,071.00 so far this Con- er Boston, an umbrella group for 42 local and tireless devotion to the citizens of Michigan, gress. national Jewish organizations. She has been a Mike Cox was elected Attorney General of the This debt and its interest payments we are charismatic leader for JCRC, for the Boston State of Michigan in 2002 and again in 2006. passing to our children and all future Ameri- Jewish community and for the Commonwealth During his tenure, Attorney General Cox has cans. of Massachusetts. recovered a record $3.2 billion for Michigan f I have had the privilege of knowing Nancy consumers while also saving taxpayers more for many years, and have traveled to Israel than $1.7 billion in defense of state lawsuits. TRIBUTE TO DR. MALCOLM with her. Those who know Nancy can attest to Fighting utility rate increases, Attorney Gen- MILLER her energy, effectiveness and enthusiasm for eral Cox has saved families and businesses building a better world. more than $2.4 billion. He diligently fought rate HON. KEN CALVERT Due to Nancy’s efforts, JCRC’s impact has hikes for Blue Cross Blue Shield of Michigan OF CALIFORNIA been felt across the country. As a result of her enrollees and implemented a website allowing IN THE HOUSE OF REPRESENTATIVES vision, passion and determination, the organi- consumers to find the fairest price on prescrip- zation has developed a national model for cre- tion drugs. Monday, November 29, 2010 ating community cohesion and building As a father of four and a Little League Mr. CALVERT. Madam Speaker, I rise today bridges. As an advocate for those in need, a coach, Mike Cox has set the protection of chil- to recognize and honor the life of Dr. Malcolm community organizer and one committed to dren as a top priority. By establishing the na- Miller, a retired anesthesiologist and Mayor of maintaining strong ties between Israel and the tion’s first Child Support Unit, Attorney Gen- the City of Norco, California. Malcolm passed United States, Nancy has led the Jewish com- eral Cox has helped more than 60,000 of

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Madam Speaker, the tive program has reached more than a half Ms. EDDIE BERNICE JOHNSON of Texas. current recession has impacted the lives of million. Madam Speaker, I rise today to support H.R. millions of American families. Unemployment 5866, the Nuclear Energy Research and De- With his unwavering commitment to all citi- rates in the past 3 years have reached record velopment Act of 2010. highs, with competition for employment so zens, Michigan Attorney General Mike Cox I am proud to see this vital piece of legisla- steep that roughly five Americans compete for has actively sought to protect our vulnerable tion up for consideration under suspension of every available job. Providing meaningful relief senior citizens from unscrupulous caregivers, the rules today. My colleagues and I on the to the unemployed in these scarce times is, by testified before Congress in defense of the Science and Technology Committee worked definition, our responsibility as legislators. embattled auto industry and led the fight to tirelessly on this bill which amends the Energy To get through these hard times, millions of keep dangerously invasive Asian Carp from Policy Act of 2005 to modify and augment ex- unemployed Americans are raiding their retire- destroying our bountiful Great Lakes. isting nuclear research and development pro- ment savings to put food on the table. In Madam Speaker, during his distinguished grams at the Department of Energy. This leg- 2007, over 34 million Americans participated career, Attorney General has bettered the islation is an important step in ensuring the in their employer-sponsored retirement plans, lives of countless Michiganders. As he em- next generation of affordable and safe nuclear and over 20 million Americans had an Indi- barks upon the next chapter of his life with his energy. beloved wife Laura and his children Lindsey, Our country should focus on creating envi- vidual Retirement Account. Unfortunately, Sinead, Conor and Rory, I ask my colleagues ronmentally safe and economically sustainable withdrawing retirement funds early can carry to join me in applauding his legendary leader- nuclear energy in order to reduce reliance on stiff penalties. That is why I am introducing ship, and in thanking him for his unfaltering fossil-fuel resources. I was pleased the legislation to waive the penalty for unem- service to our community and our country. Science and Technology Committee included ployed taxpayers who have turned to their rean amendment I offered during the Energy tirement savings for an early distribution. This f and Environment Subcommittee Markup on bill will waive the penalty for such distributions July 27th, 2010 which is now section 13 of made during 2009, 2010, or 2011, so long as TAXPAYER RECEIPT ACT OF 2010 H.R. 5866. Section 13 calls for the Secretary the taxpayer received 12 consecutive weeks of Energy to work with the National Acad- of unemployment compensation in the year HON. JIM McDERMOTT emies to conduct a long-term operating study the distribution was made. In creating retirement accounts with special OF WASHINGTON of our Nation’s existing nuclear power plants. We need to know how long these facilities tax treatment, Congress was encouraging sav- IN THE HOUSE OF REPRESENTATIVES can last safely and what can be done to maining towards a financially stable retirement. It Monday, November 29, 2010 tain these plants better. We should also iden- was the right thing to do. Congress wanted these funds to be for retirement, but Congress Mr. MCDERMOTT. Madam Speaker, Oliver tify what major impediments are threatening did not foresee the economic disaster we are Wendell Holmes said ‘‘taxes are the price we their long-term operational viability. To help going through. By allowing temporary, penalty- pay for a civilized society’’ and taxes are a transition to a low carbon economy, Congress free withdrawals from retirement accounts very big topic in our national debate today. needs these questions answered. The United States currently has 104 reac- when folks are unemployed we are helping the How much federal income tax people pay and tors in 31 States that generate approximately unemployed when they need it most. what those taxes buy is not well understood 20 percent of our nation’s electricity. Data indi- by many Americans. It is hard and com- f cates that it is possible that one-third of nu- plicated to figure out. Very little information clear facilities in our country will be retired in HONORING BRUCE PATTERSON about how tax revenues are spent is ever the next 20–25 years. Given that nuclear made available to the American people. This power provides approximately 20 percent of HON. THADDEUS G. McCOTTER results in significant misinformation. For exam- the electricity in the United States, this topic is OF MICHIGAN ple, a Washington Post and Kaiser Foundation of critical national concern. IN THE HOUSE OF REPRESENTATIVES poll found that by a margin of two to one, Many existing nuclear facilities in the U.S. Monday, November 29, 2010 Americans believe that the federal government are nearing the end of their initial 40-year li- spends more on foreign aid than on either So- censes. Many of these facilities are likely to Mr. MCCOTTER. Madam Speaker, today I cial Security or Medicare. This is why I am in- seek and receive license renewals for an addi- rise to honor and acknowledge the distin- troducing the Taxpayer Receipt Act of 2010. tional 20 years. As the demand for low-carbon guished career of Bruce Patterson, Michigan This bill requires the Secretary of the Treasury electricity grows, it is not too soon to identify State Senator representing the 7th District. to provide each taxpayer with a simple annual options for these plants beyond the 60-year Born in Detroit, Michigan on February 7, statement explaining how his or her federal in- mark. The dearth of new nuclear units neces- 1947, Senator Patterson now resides in Can- come tax dollars were spent. sitates that our current nuclear infrastructure ton. After graduating from Redford High Similar to the annual Social Security state- must continue to operate reliability, safely, and School, he earned a Bachelor of Arts degree ment, the Taxpayer Receipt will show the tax- efficiently. from Wayne State University in 1969, and payer’s income tax liability, the amount of the In the U.S. there are 59 nuclear plants that thereafter, in 1972, a Juris Doctorate Degree liability spent on major spending categories, have reapplied for licenses through the Nu- from Wayne State University Law School. and the actual federal outlays for each cat- clear Regulatory Commission for an additional Prior to beginning his storied political career, egory. It will also provide information on the 20 years, taking the age of their plants from Senator Patterson served 20 years as an As- state of the deficit and the 10 costliest tax 40 to 60. The need to demonstrate the tech- sociate Attorney, Vice President and President breaks for that year. This simple annual Tax- nical and financial feasibility of extending the of McCabe, Middleton and Patterson, PC. payer Receipt will provide clear and consistent life of nuclear facilities beyond 60 years is evi- Senator Patterson has been a member of the information to taxpayers that will serve to edu- dent. Madam Speaker, the best way to lower State Bar of Michigan since 1972 and was a cate taxpayers on government spending—a energy costs is to identify and implement af- member of the Plymouth-Canton Public subject full of misinformation. fordable clean energy. School’s Educational Excellence Foundation Thomas Jefferson once said, ‘‘Information is I would like to thank Chairman BART GOR- Board of Directors from 1989–1997. As Direc- the currency of democracy.’’ To that end, pro- DON for introducing this critical legislation. I tor of Planned Giving for Eastern Michigan viding Americans with information and trans- urge my colleagues to support this important University, Senator Patterson diligently worked parency on government spending is essential legislation in order to shed some light on the from 1991 to 1994. He devoted his time and to maintaining the strength and health of our best path forward for our National Nuclear energy as President of the Canton Economic democracy. R&D strategy. Club from 1991 to 1992 and to the Canton

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With tireless devotion, he dedicated mation, the Office of the Senate Daily cuit Judge for the Second Circuit, Amy Totenberg, to be United States District his time to improving his community as a Digest will prepare this information for printing in the Extensions of Remarks Judge for the Northern District of Wayne County Commissioner from 1995 to Georgia, James Emanuel Boasberg, and section of the CONGRESSIONAL RECORD 1998, and was elected to the Michigan State Amy Berman Jackson, both to be House of Representatives, where he was the on Monday and Wednesday of each United States District Judge for the first freshman ever elected to the position of week. District of Columbia, James E. Shadid, Associate Speaker Pro Tempore, serving the Meetings scheduled for Tuesday, No- and Sue E. Myerscough, both to be 21st District for 4 years. While in the State vember 30, 2010 may be found in the United States District Judge for the House, Senator Patterson also served as Ma- Daily Digest of today’s RECORD. Central District of Illinois, James E. jority Leader. Graves, Jr., of Mississippi, to be United Thereafter, on November 7, 2002, Senator MEETINGS SCHEDULED States Circuit Judge for the Fifth Cir- Patterson was elected to the Michigan State DECEMBER 1 cuit, Paul Kinloch Holmes, III, to be Senate. During his tenure, Senator Patterson United States District Judge for the 9:30 a.m. Western District of Arkansas, Anthony served as Chair of the Energy Policy and Pub- Banking, Housing, and Urban Affairs J. Battaglia, to be United States Dis- To hold hearings to examine problems in lic Utilities Committee, Health Policy Com- trict Judge for the Southern District of mortgage servicing from modification mittee, Judiciary Committee, Natural Re- California, Edward J. Davila, to be sources and Environmental Affairs Committee to foreclosure, part 2. SD–538 United States District Judge for the and Legislative Council. Northern District of California, Diana For his unwavering commitment to excel- 9:45 a.m. Health, Education, Labor, and Pensions Saldana, to be United States District lence, Senator Patterson was inducted into the Business meeting to consider S. 3817, to Judge for the Southern District of Canton Township Hall of Fame. Senator Bruce amend the Child Abuse Prevention and Texas, Max Oliver Cogburn, Jr., to be Patterson has earned a number of prestigious Treatment Act, the Family Violence United States District Judge for the awards, including: the Michigan Chamber of Prevention and Services Act, the Child Western District of North Carolina, Commerce Champion of Commerce Award, Abuse Prevention and Treatment and Marco A. Hernandez, and Michael H. Michigan Associated Underground Contractors Adoption Reform Act of 1978, and the Simon, both to be United States Dis- Legislator of the Year, the Michigan Nursing Abandoned Infants Assistance Act of trict Judge for the District of Oregon, and Steve C. Jones, to be United States Association Friend of Nursing Award, Senior 1988 to reauthorize the Acts, S. 3199, to amend the Public Health Service Act District Judge for the Northern Dis- Alliance Legislative Award, Michigan Manufac- regarding early detection, diagnosis, trict of Georgia, and Michele Marie turers’ Association’s ‘‘Advocate of the Year,’’ and treatment of hearing loss, S. 3036, Leonhart, of California, to be Adminis- the Iron Rider Award given by ABATE of to establish the Office of the National trator of Drug Enforcement, and Stacia Michigan, Michigan Municipal League’s ‘‘Dis- Alzheimer’s Project, S. 1275, to estab- A. Hylton, of Virginia, to be Director of tinguished Service Award,’’ Michigan League lish a National Foundation on Physical the United States Marshals Service, of Conservation Voters ‘‘Environmental Lead- Fitness and Sports to carry out activi- both of the Department of Justice, and ership Award,’’ Michigan Education Associa- ties to support and supplement the Patti B. Saris, of Massachusetts, and tion ‘‘Friend of Public Education Award,’’ Leg- mission of the President’s Council on Dabney Langhorne Friedrich, of Mary- Physical Fitness and Sports, H.R. 2941, land, both to be a Member of the islator of the Year Award from the Michigan to reauthorize and enhance Johanna’s Psychological Association, the Michigan Court United States Sentencing Commission. Law to increase public awareness and SD–226 Officers, Deputy Sheriffs and Process Servers knowledge with respect to gynecologic 10:30 a.m. Association Legislator of the Year Award, cancers, an original bill entitled, ‘‘The Commerce, Science, and Transportation Museum and Library Services Act of Michigan Association of Health Plans Legis- To hold hearings to examine transition 2010’’, and the nominations of Anthony lator of the Year and the ‘‘Free Market Cham- and implementation, focusing on the Bryk, of California, Robert Anacletus pion Award’’ from the Telecommunications As- NASA Authorization Act of 2010. sociation of Michigan. Senator Patterson was Underwood, of Guam, and Kris D. Gutierrez, of Colorado, all to be a Mem- SR–253 chosen as the first ever recipient for both the ber of the Board of Directors of the Na- 2:30 p.m. Michigan Chapter of the American Institute of tional Board for Education Sciences, Commerce, Science, and Transportation Architects Legislator of the Year Award and Sean P. Buckley, of New York, to be To hold hearings to examine mini med the Michigan Council of Nurse Practitioners Commissioner of Education Statistics, policies. Advocate of the Year Award as well as Best Department of Education, Susan H. SR–253 Local Politician by the Plymouth Observer Hildreth, of Washington, to be Director Foreign Relations Newspaper. of the Institute of Museum and Library To hold hearings to examine Latin Amer- Madam Speaker, during his distinguished Services, Cora B. Marrett, of Wis- ica in 2010, focusing on opportunities, challenges, and the future of the career, Senator Patterson has bettered the consin, to be Deputy Director of the National Science Foundation, and Alli- United States policy in the hemi- lives of countless Michiganders. As he em- son Blakely, of Massachusetts, to be a sphere. barks upon the next chapter of his life with his Member of the National Council on the SD–419 beloved wife Phyllis and his children Denise, Humanities, and subcommittee assign- Lauren and Justin, I ask my colleagues to join ments; to be immediately followed by a DECEMBER 2 me in applauding his legendary leadership, hearing to examine the Pension Benefit 9 a.m. and in thanking him for his unfaltering service Guaranty Corporation, focusing on Armed Services management and oversight. to our community and our country. To hold hearings to examine the report SD–430 on the Department of Defense Working f 10 a.m. Group that conducted a comprehensive SENATE COMMITTEE MEETINGS Judiciary Business meeting to consider S. 3675, to review of the issues associated with a Title IV of Senate Resolution 4, amend chapter 11 of title 11, United repeal of section 654 of title 10, United agreed to by the Senate on February 4, States Code, to address reorganization States Code, ‘‘Policy Concerning Ho- 1977, calls for establishment of a sys- of small businesses, S. 2888, to amend mosexuality in the Armed Forces’’. tem for a computerized schedule of all section 205 of title 18, United States SD–G50 meetings and hearings of Senate com- Code, to exempt qualifying law school 10 a.m. mittees, subcommittees, joint commit- students participating in legal clinics Commerce, Science, and Transportation tees, and committees of conference. from the application of the general Consumer Protection, Product Safety, and Insurance Subcommittee This title requires all such committees conflict of interest rules under such section, S. 3728, to amend title 17, To hold an oversight hearing to examine to notify the Office of the Senate Daily United States Code, to extend protec- the Consumer Product Safety Commis- Digest—designated by the Rules com- tion to fashion design, S. 1598, to sion, focusing on product safety in the mittee—of the time, place, and purpose amend the National Child Protection holiday season. of the meetings, when scheduled, and Act of 1993 to establish a permanent SR–253

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HIGHLIGHTS Senator-Elect Mark Steven Kirk, of Illinois, was administered the oath of Office by the Vice President. Senate Pending: Chamber Action Reid (for Harkin) Amendment No. 4715, in the Routine Proceedings, pages S8207–S8255 nature of a substitute. Page S8219 Measures Introduced: Seven bills were introduced, Coburn Motion to suspend Rule XXII of the Standing Rules of the Senate, for the purposes of as follows: S. 3979–3985. Page S8244 proposing and considering Coburn Amendment No. Measures Reported: 4696. Pages S8232–39 S. 3517, to amend title 38, United States Code, Coburn Motion to suspend Rule XXII of the to improve the processing of claims for disability Standing Rules of the Senate, for the purposes of compensation filed with the Department of Veterans proposing and considering Coburn Amendment No. Affairs, with an amendment in the nature of a sub- 4697. Pages S8232–39 stitute. (S. Rept. No. 111–354) During consideration of this measure today, Senate S. 3302, to amend title 49, United States Code, also took the following action: By 69 yeas to 26 nays to establish new automobile safety standards, make (Vote No. 252), three-fifths of those Senators duly better motor vehicle safety information available to chosen and sworn, having voted in the affirmative, the National Highway Traffic Safety Administration Senate agreed to the motion to close further debate and the public, with an amendment in the nature of on Reid (for Harkin) Amendment No. 4715 (listed a substitute. Page S8244 above). Page S8229 By 61 yeas to 35 nays (Vote No. 253), two-thirds Measures Passed: of those Senators duly chosen and sworn, not having American Diabetes Month: Committee on voted in the affirmative, Senate rejected the motion Health, Education, Labor, and Pensions was dis- to suspend Rule XXII of the Standing Rules of the charged from further consideration of S. Res. 676, Senate, including any germaneness requirements, for supporting the goals and ideals of American Diabe- the purposes of proposing and considering Johanns tes Month, and the resolution was then agreed to. Amendment No. 4702. Page S8230 Page S8250 By 44 yeas to 53 nays (Vote No. 254), two-thirds of those Senators duly chosen and sworn, not having 100th Anniversary of the Weeks Law: Com- voted in the affirmative, Senate rejected the motion mittee on Agriculture, Nutrition, and Forestry was to suspend Rule XXII of the Standing Rules of the discharged from further consideration of S. Res. 679, Senate, for the purposes of proposing and considering commemorating the 100th anniversary of the Weeks Baucus Modified Amendment No. 4713. Page S8231 Law, and the resolution was then agreed to. A unanimous-consent-time agreement was reached Pages S8250–51 providing that at 9 a.m., on Tuesday, November 30, Measures Considered: FDA Food Safety Mod- 2010, after any Leader time, Senate continue consid- ernization Act—Agreement: Senate resumed con- eration of the bill, with 2 minutes of debate, equally sideration of S. 510, to amend the Federal Food, divided and controlled between Senators Coburn and Drug, and Cosmetic Act with respect to the safety Inouye, prior to the vote on or in relation to the of the food supply, after taking action on the fol- Coburn motion regarding earmarks No. 4697; that lowing amendment and motions proposed thereto: upon disposition of that motion; there be 2 minutes Pages S8219–26, S8227–39 of debate, equally divided and controlled in the usual form; that the Senate then vote with respect D1118

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to the Coburn motion regarding a substitute amend- 10 minutes each; provided further, that Senator ment No. 4696; provided further that any other pro- Dodd be recognized to speak at 4 p.m. Page S8251 visions of the previous order remain in effect; pro- Messages from the House: Page S8241 vided further that prior to passage of the bill, the Budget Committee pay-go statement be read into Measures Read the First Time: Pages S8241, S8251 the Record; further that after the first vote, the suc- Executive Communications: Pages S8241–44 ceeding votes be limited to 10 minutes each. Additional Cosponsors: Pages S8244–45 Pages S8221–22 Statements on Introduced Bills/Resolutions: Appointments: Pages S8245–50 Public Safety Officer Medal of Valor Review Additional Statements: Pages S8240–41 Board: The Chair, on behalf of the Majority Leader, pursuant to Public Law 107–12, appointed the fol- Privileges of the Floor: Page S8250 lowing individual as a member of the Public Safety Record Votes: Three record votes were taken today. Officer Medal of Valor Review Board: Albert H. (Total—254) Pages S8229–31 Gillespie of Nevada vice Thomas J. Scotto of New Adjournment: Senate convened at 2 p.m. and ad- York. Page S8251 journed at 10:01 p.m., until 9 a.m. on Tuesday, No- Swearing In of Senator Kirk: Senator-Elect Mark vember 30, 2010. (For Senate’s program, see the re- Steven Kirk, of Illinois, was sworn in to fill the un- marks of the Acting Majority Leader in today’s expired term ending January 3, 2011, caused by the Record on page S8251.) resignation of Senator Barack Obama. Page S8227 Morning Business—Agreement: A unanimous- consent agreement was reached providing that on Committee Meetings Tuesday, November 30, 2010, upon disposition of S. (Committees not listed did not meet) 510, Senate proceed to a period of morning business with Senators permitted to speak therein for up to No committee meetings were held. h House of Representatives Member Resignation: Read a letter from Rep- Chamber Action resentative Kirk, wherein he resigned as Representa- Public Bills and Resolutions Introduced: 11 pub- tive for the Tenth Congressional District of Illinois, lic bills, H.R. 6448–6458; and 6 resolutions, H.J. effective 4 p.m., Eastern Standard Time, Monday, Res. 100; H. Res. 1734–1735, 1738–1740 were in- November 29, 2010. Page H7618 troduced. Pages H7643–44 Meeting Hour: Agreed that when the House ad- Additional Cosponsors: Page H7644 journs today, it adjourn to meet at 10:30 a.m. to- Report Filed: A report was filed today as fol- morrow for morning hour debate. Page H7618 lows: Suspensions: The House agreed to suspend the rules H. Res. 1736, providing for consideration of the and pass the following measures: Senate amendments to the bill (H.R. 4783) to accel- Physician Payment and Therapy Relief Act of erate the income tax benefits for charitable cash con- 2010: Concurred in the Senate amendments to H.R. tributions for the relief of victims of the earthquake 5712, to provide for certain clarifications and exten- in Chile, and to extend the period from which such sions under Medicare, Medicaid, and the Children’s contributions for the relief of victims of the earth- Health Insurance Program; Pages H7618–21 quake in Haiti may be accelerated (H. Rept. Lance Corporal Alexander Scott Arredondo, 111–660). United States Marine Corps Post Office Building H. Res. 1737, in the matter of Representative Designation Act: H.R. 5877, to designate the facil- Charles B. Rangel (H. Rept. 111–661). Page H7628 ity of the United States Postal Service located at 655 Speaker: Read a letter from the Speaker wherein she Centre Street in Jamaica Plain, Massachusetts, as the appointed Representative Richardson to act as Speak- ‘‘Lance Corporal Alexander Scott Arredondo, United er pro tempore for today. Page H7617 States Marine Corps Post Office Building’’, by a 2⁄3

VerDate Mar 15 2010 05:28 Nov 30, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D29NO0.REC D29NOPT1 pwalker on DSKD5P82C1PROD with DIGEST D1120 CONGRESSIONAL RECORD — DAILY DIGEST November 29, 2010 yea-and-nay vote of 366 yeas with none voting sources and 10 minutes equally divided and con- ‘‘nay’’, Roll No. 581; Pages H7621–22, H7624–25 trolled by the chair and ranking minority member Supporting the goals and ideals of a National of the Committee on Ways and Means. The rule Mesothelioma Awareness Day: H. Res. 771, to sup- waives all points of order against consideration of the port the goals and ideals of a National Mesothelioma motion. Finally, the rule provides that the Senate Awareness Day, by a 2⁄3 yea-and-nay vote of 363 amendments shall be considered as read. yeas with none voting ‘‘nay’’, Roll No. 582; and Pages H7622–23, H7625 Joint Meetings Colonel George Juskalian Post Office Building No joint committee meetings were held. Designation Act: H.R. 6392, to designate the facility of the United States Postal Service located at f 5003 Westfields Boulevard in Centreville, Virginia, NEW PUBLIC LAWS as the ‘‘Colonel George Juskalian Post Office Build- ing’’. Pages H7623–24 (For last listing of Public Laws, see DAILY DIGEST, p. D1046) Recess: The House recessed at 2:59 p.m. and recon- S. 3774, to extend the deadline for Social Services vened at 6:01 p.m. Page H7624 Block Grant expenditures of supplemental funds appropriated following disasters occurring in 2008. Whole Number of the House: The Speaker an- Signed on November 24, 2010. (Public Law nounced to the House that, in light of the resigna- 111–285) tion of the gentleman from Illinois, Mr. Kirk, the whole number of the House is adjusted to 434. f Page H7624 COMMITTEE MEETINGS FOR TUESDAY, Senate Messages: Messages received from the Senate NOVEMBER 30, 2010 by the Clerk and subsequently presented to the House today appear on pages H7617. (Committee meetings are open unless otherwise indicated) Senate Referrals: S. 1609 was referred to the Com- Senate mittee on Natural Resources; S. Con. Res. 75 was Committee on Commerce, Science, and Transportation: To referred to the Committee on House Administration; hold hearings to examine the nominations of Scott C. S. Con. Res. 76 was referred to the Committee on Doney, of Massachusetts, to be Chief Scientist of the Na- Armed Services; and S. 3650 was referred to the tional Oceanic and Atmospheric Administration, and Committee on Oversight and Government Reform. Mario Cordero, of California, and Rebecca F. Dye, of Page H7641 North Carolina, both to be a Federal Maritime Commis- Quorum Calls Votes: Two yea-and-nay votes devel- sioner, Federal Maritime Commission, 3:30 p.m., oped during the proceedings of today and appear on SR–253. Committee on Environment and Public Works: Business pages H7624–25, H7625. There were no quorum meeting to consider H.R. 5651, to designate the Federal calls. building and United States courthouse located at 515 9th Adjournment: The House met at 2 p.m. and ad- Street in Rapid City, South Dakota, as the ‘‘Andrew W. journed at 9:08 p.m. Bogue Federal Building and United States Courthouse’’, H.R. 5706, to designate the building occupied by the Government Printing Office located at 31451 East Committee Meetings United Avenue in Pueblo, Colorado, as the ‘‘Frank Evans Government Printing Office Building’’, H.R. 5773, to PROVIDING FOR CONSIDERATION OF THE designate the Federal building located at 6401 Security SENATE AMENDMENTS TO H.R. 4783, THE Boulevard in Baltimore, Maryland, commonly known as CLAIMS RESOLUTION ACT OF 2010 the Social Security Administration Operations Building, Committee on Rules: Granted, by non-record vote, a as the ‘‘Robert M. Ball Federal Building’’, H.R. 4387, to rule providing for the consideration of the Senate designate the Federal building located at 100 North amendments to H.R. 4783, the Claims Resolution Palafox Street in Pensacola, Florida, as the ‘‘Winston E. Act of 2010. The rule makes in order a motion of- Arnow Federal Building’’, H.R. 5282, to provide funds to the Army Corps of Engineers to hire veterans and fered by the chair of the Committee on Natural Re- members of the Armed Forces to assist the Corps with sources that the House concur in the Senate amend- curation and historic preservation activities, H.R. 4973, ments to H.R. 4783. The rule provides one hour of to amend the Fish and Wildlife Act of 1956 to reauthor- debate on the motion, with 50 minutes equally di- ize volunteer programs and community partnerships for vided and controlled by the chair and ranking mi- national wildlife refuges, S. 3874, to amend the Safe nority member of the Committee on Natural Re- Drinking Act to reduce lead in drinking water, and S.

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3973, to amend the Energy Policy Act of 2005 to reau- ing Group that conducted a comprehensive review of the thorize and modify provisions relating to the diesel emis- issues associated with a repeal of section 654 of title 10, sions reduction program, Time to be announced, Room United States Code, ‘‘Policy Concerning Homosexuality to be announced. in the Armed Forces’’, 9 a.m., SD–G50. Committee on Homeland Security and Governmental Affairs: Committee on Banking, Housing, and Urban Affairs: De- Business meeting to consider S. 3784, to designate the fa- cember 1, to hold hearings to examine problems in mort- cility of the United States Postal Service located at 4865 gage servicing from modification to foreclosure, part 2, Tallmadge Road in Rootstown, Ohio, as the ‘‘Marine Sgt. 9:30 a.m., SD–538. Jeremy E. Murray Post Office’’, H.R. 5758, to designate Committee on Commerce, Science, and Transportation: No- the facility of the United States Postal Service located at vember 30, to hold hearings to examine the nominations 2 Government Center in Fall River, Massachusetts, as the of Scott C. Doney, of Massachusetts, to be Chief Scientist ‘‘Sergeant Robert Barrett Post Office Building’’, H.R. of the National Oceanic and Atmospheric Administration, 6118, to designate the facility of the United States Postal and Mario Cordero, of California, and Rebecca F. Dye, of Service located at 2 Massachusetts Avenue, NE., in North Carolina, both to be a Federal Maritime Commis- Washington, D.C., as the ‘‘Dorothy I. Height Post Of- sioner, Federal Maritime Commission, 3:30 p.m., fice’’, H.R. 6237, to designate the facility of the United SR–253. States Postal Service located at 1351 2nd Street in Napa, December 1, Full Committee, to hold hearings to ex- California, as the ‘‘Tom Kongsgaard Post Office Build- amine transition and implementation, focusing on the ing’’, H.R. 6387, to designate the facility of the United NASA Authorization Act of 2010, 10:30 a.m., SR–253. States Postal Service located at 337 West Clark Street in December 1, Full Committee, to hold hearings to ex- Eureka, California, as the ‘‘Sam Sacco Post Office Build- amine mini med policies, 2:30 p.m., SR–253. ing’’, and the nomination of Eugene Louis Dodaro, of December 2, Subcommittee on Consumer Protection, Virginia, to be Comptroller General of the United States, Product Safety, and Insurance, to hold an oversight hear- Government Accountability Office, 9 a.m., S–216, Cap- ing to examine the Consumer Product Safety Commis- itol. sion, focusing on product safety in the holiday season, 10 Committee on the Judiciary: Subcommittee on Crime and a.m., SR–253. Drugs, to hold hearings to examine enforcement of the December 2, Subcommittee on Aviation Operations, Foreign Corrupt Practices Act, 10 a.m., SD–226. Safety, and Security, to hold hearings to examine inter- f national aviation screening standards, 2:15 p.m., SR–253. Committee on Environment and Public Works: November CONGRESSIONAL PROGRAM AHEAD 30, business meeting to consider H.R. 5651, to designate Week of November 30 through December 4, the Federal building and United States courthouse located 2010 at 515 9th Street in Rapid City, South Dakota, as the ‘‘Andrew W. Bogue Federal Building and United States Senate Chamber Courthouse’’, H.R. 5706, to designate the building occupied by the Government Printing Office located at 31451 On Tuesday, at 9 a.m., Senate will continue con- East United Avenue in Pueblo, Colorado, as the ‘‘Frank sideration of S. 510, FDA Food Safety Modernization Evans Government Printing Office Building’’, H.R. Act, and vote on or in relation to the motion to sus- 5773, to designate the Federal building located at 6401 pend Rule XXII of the Standing Rules of the Senate, Security Boulevard in Baltimore, Maryland, commonly for the purposes of proposing and considering known as the Social Security Administration Operations Coburn Amendment No. 4696, to be followed by a Building, as the ‘‘Robert M. Ball Federal Building’’, H.R. vote on or in relation to the motion to suspend Rule 4387, to designate the Federal building located at 100 XXII of the Standing Rules of the Senate, for the North Palafox Street in Pensacola, Florida, as the ‘‘Win- purposes of proposing and considering Coburn ston E. Arnow Federal Building’’, H.R. 5282, to provide Amendment No. 4697, and on passage of S. 510, at funds to the Army Corps of Engineers to hire veterans and members of the Armed Forces to assist the Corps approximately 9:15 a.m. with curation and historic preservation activities, H.R. During the balance of the week, Senate may con- 4973, to amend the Fish and Wildlife Act of 1956 to sider any cleared legislative and executive business. reauthorize volunteer programs and community partner- Senate Committees ships for national wildlife refuges, S. 3874, to amend the Safe Drinking Act to reduce lead in drinking water, and (Committee meetings are open unless otherwise indicated) S. 3973, to amend the Energy Policy Act of 2005 to re- Committee on Armed Services: December 2, to hold hear- authorize and modify provisions relating to the diesel ings to examine the report on the Department of Defense emissions reduction program, Time to be announced, Working Group that conducted a comprehensive review Room to be announced. of the issues associated with a repeal of section 654 of Committee on Finance: December 2, to hold hearings to title 10, United States Code, ‘‘Policy Concerning Homo- examine tax reform, focusing on historical trends in in- sexuality in the Armed Forces’’, 9 a.m., SD–G50. come and revenue, 10 a.m., SD–215. December 3, Full Committee, to continue hearings to Committee on Foreign Relations: December 1, to hold examine the report on the Department of Defense Work- hearings to examine Latin America in 2010, focusing on

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opportunities, challenges, and the future of the United Sciences, Sean P. Buckley, of New York, to be Commis- States policy in the hemisphere, 2:30 p.m., SD–419. sioner of Education Statistics, Department of Education, December 2, Full Committee, business meeting to con- Susan H. Hildreth, of Washington, to be Director of the sider S. 2982, to combat international violence against Institute of Museum and Library Services, Cora B. women and girls, S. 3688, to establish an international Marrett, of Wisconsin, to be Deputy Director of the Na- professional exchange program, S. 1633, to require the tional Science Foundation, and Allison Blakely, of Massa- Secretary of Homeland Security, in consultation with the chusetts, to be a Member of the National Council on the Secretary of State, to establish a program to issue Asia- Humanities, and subcommittee assignments; to be imme- Pacific Economic Cooperation Business Travel Cards, S. diately followed by a hearing to examine the Pension 3798, to authorize appropriations of United States assist- Benefit Guaranty Corporation, focusing on management ance to help eliminate conditions in foreign prisons and and oversight, 9:45 a.m., SD–430. other detention facilities that do not meet minimum Committee on Homeland Security and Governmental Affairs: human standards of health, sanitation, and safety, S. Con. November 30, business meeting to consider S. 3784, to Res. 71, recognizing the United States national interest designate the facility of the United States Postal Service in helping to prevent and mitigate acts of genocide and located at 4865 Tallmadge Road in Rootstown, Ohio, as other mass atrocities against civilians, and supporting and the ‘‘Marine Sgt. Jeremy E. Murray Post Office’’, H.R. encouraging efforts to develop a whole of government ap- 5758, to designate the facility of the United States Postal proach to prevent and mitigate such acts, treaty between Service located at 2 Government Center in Fall River, the Government of the United States of America and the Massachusetts, as the ‘‘Sergeant Robert Barrett Post Of- Government of the Republic of Rwanda Concerning the fice Building’’, H.R. 6118, to designate the facility of the Encouragement and Reciprocal Protection of Investment, United States Postal Service located at 2 Massachusetts signed at Kigali on February 19, 2008 (Treaty Doc. Avenue, NE., in Washington, D.C., as the ‘‘Dorothy I. 110–23), international Treaty on Plant Genetic Resources Height Post Office’’, H.R. 6237, to designate the facility for Food and Agriculture, adopted by the Food and Agri- of the United States Postal Service located at 1351 2nd culture Organization of the United Nations on November Street in Napa, California, as the ‘‘Tom Kongsgaard Post 3, 2001, and signed by the United States on November Office Building’’, H.R. 6387, to designate the facility of 1, 2002 (the ‘‘Treaty’’) (Treaty Doc. 110–19), and the the United States Postal Service located at 337 West nominations of Thomas R. Nides, of the District of Co- Clark Street in Eureka, California, as the ‘‘Sam Sacco Post lumbia, to be Deputy Secretary for Management and Re- Office Building’’, and the nomination of Eugene Louis sources, William R. Brownfield, of Texas, to be Assistant Dodaro, of Virginia, to be Comptroller General of the Secretary for International Narcotics and Law Enforce- United States, Government Accountability Office, 9 a.m., ment Affairs, and Suzan D. Johnson Cook, of New York, S–216, Capitol. to be Ambassador at Large for International Religious December 2, Subcommittee on Federal Financial Man- Freedom, all of the Department of State, Paige Eve Alex- agement, Government Information, Federal Services, and ander, of Georgia, to be an Assistant Administrator of the International Security, to hold hearings to examine find- United States Agency for International Development, and ing solutions to the challenges facing the United States Alan J. Patricof, of New York, and Mark Green, of Wis- Postal Service, 10 a.m., SD–342. consin, both to be a Member of the Board of Directors Committee on the Judiciary: November 30, Subcommittee of the Millennium Challenge Corporation, 2 p.m., S–116, on Crime and Drugs, to hold hearings to examine en- Capitol. forcement of the Foreign Corrupt Practices Act, 10 a.m., Committee on Health, Education, Labor, and Pensions: De- SD–226. cember 1, business meeting to consider S. 3817, to December 1, Full Committee, business meeting to con- amend the Child Abuse Prevention and Treatment Act, sider S. 3675, to amend chapter 11 of title 11, United the Family Violence Prevention and Services Act, the States Code, to address reorganization of small businesses, Child Abuse Prevention and Treatment and Adoption Re- S. 2888, to amend section 205 of title 18, United States form Act of 1978, and the Abandoned Infants Assistance Code, to exempt qualifying law school students partici- Act of 1988 to reauthorize the Acts, S. 3199, to amend pating in legal clinics from the application of the general the Public Health Service Act regarding early detection, conflict of interest rules under such section, S. 3728, to diagnosis, and treatment of hearing loss, S. 3036, to es- amend title 17, United States Code, to extend protection tablish the Office of the National Alzheimer’s Project, S. to fashion design, S. 1598, to amend the National Child 1275, to establish a National Foundation on Physical Fit- Protection Act of 1993 to establish a permanent back- ness and Sports to carry out activities to support and sup- ground check system, and the nominations of Robert plement the mission of the President’s Council on Phys- Neil Chatigny, and Susan L. Carney, both of Connecticut, ical Fitness and Sports, H.R. 2941, to reauthorize and en- both to be United States Circuit Judge for the Second hance Johanna’s Law to increase public awareness and Circuit, Amy Totenberg, to be United States District knowledge with respect to gynecologic cancers, an origi- Judge for the Northern District of Georgia, James Eman- nal bill entitled, ‘‘The Museum and Library Services Act uel Boasberg, and Amy Berman Jackson, both to be of 2010’’, and the nominations of Anthony Bryk, of Cali- United States District Judge for the District of Columbia, fornia, Robert Anacletus Underwood, of Guam, and Kris James E. Shadid, and Sue E. Myerscough, both to be D. Gutierrez, of Colorado, all to be a Member of the United States District Judge for the Central District of Board of Directors of the National Board for Education Illinois, James E. Graves, Jr., of Mississippi, to be United

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States Circuit Judge for the Fifth Circuit, Paul Kinloch Committee on Financial Services, November 30, Sub- Holmes III, to be United States District Judge for the committee on International Monetary Policy and Trade, Western District of Arkansas, Anthony J. Battaglia, to be hearing entitled ‘‘Investments Tied to Genocide: Sudan United States District Judge for the Southern District of Divestment and Beyond,’’ 2 p.m., 2128 Rayburn. California, Edward J. Davila, to be United States District Committee on Foreign Affairs, December 1, hearing on Judge for the Northern District of California, Diana Implementing Tougher Sanctions on Iran: A Progress Re- Saldana, to be United States District Judge for the South- port, 9:30 a.m., 2172 Rayburn. ern District of Texas, Max Oliver Cogburn, Jr., to be December 2, Subcommittee on Africa and Global United States District Judge for the Western District of Health, hearing on Zimbabwe: From Crisis to Renewal, North Carolina, Marco A. Hernandez, and Michael H. 10 a.m., 2172 Rayburn. Simon, both to be United States District Judge for the Committee on the Judiciary, December 1, Subcommittee District of Oregon, and Steve C. Jones, to be United on Courts and Competition Policy, hearing on Antitrust States District Judge for the Northern District of Geor- Laws and Their Effects on Health Care Providers, Insurers gia, and Michele Marie Leonhart, of California, to be Ad- and Patients, 10:30 a.m., 2141 Rayburn. ministrator of Drug Enforcement, and Stacia A. Hylton, December 2, full Committee, hearing on Foreclosed of Virginia, to be Director of the United States Marshals Justice: Causes and Effects of the Foreclosure Crisis, 10 Service, both of the Department of Justice, and Patti B. a.m., 2141 Rayburn. Saris, of Massachusetts, and Dabney Langhorne Friedrich, December 3, Subcommittee on the Constitution, Civil of Maryland, both to be a Member of the United States Rights, and Civil Liberties, hearing on Civil Liberties and Sentencing Commission, 10 a.m., SD–226. National Security, 10 a.m., 2141 Rayburn. Select Committee on Intelligence: December 2, to hold Committee on Rules, November 30, to consider S. 3307, closed hearings to examine certain intelligence matters, Healthy Hunger-Free Kids Act of 2010, 3 p.m., H–313 2:30 p.m., SH–219. Capitol. House Committees Permanent Select Committee on Intelligence, December 1, executive, briefing on WikiLeaks Unauthorized Disclo- Committee on Armed Services, November 30, Sub- sures of Classified Information, 11 a.m., 304–HVC. committee on Oversight and Investigations, hearing on December 1, Subcommittee on Intelligence Commu- Continued Engagement: Department of Defense Re- nity Management, hearing on Update on Security Clear- sponses to the Committee’s April 2010 Report on Profes- ance Reform, 1 p.m., 2253 Rayburn. sional Military Education, 9 a.m., 2212 Rayburn. November 30, Subcommittee on Terrorism, Unconven- December 2, full Committee, executive, briefing on tional Threats, and Capabilities, hearing on the Crisis in Update on North Korea, 9:30 a.m., 304–HVC. the Democratic Republic of Congo: Implications for U.S. Select Committee on Energy Independence and Global Warm- National Security, 2 p.m., 2118 Rayburn. ing, December 1, hearing entitled ‘‘Not Going Away: December 1, Subcommittee on Strategic Forces, hear- America’s Energy Security, Jobs and Climate Challenges,’’ ing on the status of the phased adaptive approach, 2 11 a.m., 210 Cannon. p.m., 2212 Rayburn. Committee on Energy and Commerce, December 2, Sub- Joint Meetings committee on Commerce, Trade, and Consumer Protec- Joint Economic Committee: December 3, to hold hearings tion hearing on ‘‘Do-Not-Track’ Legislation: Is Now the to examine the employment situation for November Right Time?’’ 10:30 a.m., 2123 Rayburn. 2010, 9:30 a.m., SH–216.

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Next Meeting of the SENATE goals and ideals of National GEAR UP Day; (7) H. Res. 9 a.m., Tuesday, November 30 1598—Expressing support for the designation of the month of October as National Work and Family Month; (8) H. Res. Senate Chamber 1576—Expressing the sense of the House of Representatives that a National Day of Recognition for Parents of Special Program for Tuesday: Senate will continue consideration of Needs Children should be established; (9) H. Res. 1313—Ex- S. 510, FDA Food Safety Modernization Act, and vote on or pressing support for designation of May as ‘‘Child Advocacy in relation to two Coburn motions to suspend Rule 22, to be Center Month’’ and commending the National Child Advocacy followed by a vote on passage of the bill, at approximately 9:15 Center in Huntsville, Alabama, on their 25th anniversary; (10) a.m. H. Con. Res. 323—Supporting the goal of ensuring that all (Senate will recess from 12:30 p.m. until 4:00 p.m. for their re- Holocaust survivors in the United States are able to live with spective party conferences.) dignity, comfort, and security in their remaining years; (11) H. Res. 1690—Supporting the observance of American Diabetes Next Meeting of the HOUSE OF REPRESENTATIVES Month; (12) S. 2847—CALM Act; (13) H. Con. Res. 325— 10 a.m., Tuesday, November 30 Supporting the goals and ideals of National Homeless Persons’ Memorial Day; (14) H.R. 6411—To provide for the approval of the Agreement Between the Government of the United House Chamber States of America and the Government of Australia Concerning Program for Tuesday: Consideration of the following suspen- Peaceful Uses of Nuclear Energy; (15) H. Res. 527—Com- sions: (1) H. Res. 1585—Honoring and recognizing the exem- mending the NATO School for its critical support of North plary service and sacrifice of the 60th Air Mobility Wing, the Atlantic Treaty Organization (NATO) efforts to promote global 349th Air Mobility Wing, the 15th Expeditionary Mobility peace, stability, and security; (16) H. Res. 528—Commending Task Force, and the 615th Contingency Response Wing civil- the George C. Marshall European Center for Security Studies ians and families serving at Travis Air Force Base, California; for its efforts to promote peace, stability and security through- (2) H. Res.—Recognizing and honoring the National Guard on out North America, Europe, and Eurasia; (17) H.R. 6308— the occasion of its 374th anniversary; (3) H. Res. 1217—Hon- SMART Research and Development Compact; (18) H. Res. oring Fort Drum’s soldiers of the 10th Mountain Division for 1540—Supporting the goal of eradicating illicit marijuana cul- their past and continuing contributions to the security of the tivation on Federal lands and calling on the Director of the Of- United States; (4) H. Res. 1724—Commending the City of fice of National Drug Control Policy to develop a coordinated Jacksonville, Arkansas, for its outstanding support in creating strategy to permanently dismantle Mexican drug trafficking or- a unique and lasting partnership with Little Rock Air Force ganizations operating on Federal lands; (19) S. 1338—To re- Base, members of the Armed Forces stationed there and their quire the accreditation of English language training programs; families, and the Air Force; (5) H. Res. 1430—Honoring and (20) S. 1421—Asian Carp Prevention and Control Act; and saluting golf legend Juan Antonio ‘‘Chi Chi’’ Rodriguez for his (21) H.R. 3353—To provide for American Samoa and the commitment to Latino youth programs of the Congressional Commonwealth of the Northern Marianas to be treated as Hispanic Caucus Institute; (6) H. Res. 1638—Supporting the States for certain criminal justice programs.

Extensions of Remarks, as inserted in this issue

HOUSE Camp, Dave, Mich., E1999 Issa, Darrell E., Calif., E1993 Pascrell, Bill, Jr., N.J., E1998 Coffman, Mike, Colo., E2000 Johnson, Eddie Bernice, Tex., E1999, Quigley, Mike, Ill., E1995 Andrews, Robert E., N.J., E1998 DeGette, Diana, Colo., E1992 E2001 Roskam, Peter J., Ill., E1994 Berman, Howard L., Calif., E1997 Donnelly, Joe, Ind., E1991, E1992 Lance, Leonard, N.J., E1994 Rothman, Steven R., N.J., E1991 Boozman, John, Ark., E1991, E1991, Emerson, Jo Ann, Mo., E1996 McCotter, Thaddeus G., Mich., E2000, Stupak, Bart, Mich., E1993, E1996 E1992, E1993, E1994, E1995, E1995, Grijalva, Rau´ l M., Ariz., E1991 E2001 Thompson, Mike, Calif., E1993, E1994, E1996, E1996, E1997, E1997, E1998 Hall, Ralph M., Tex., E1995 McDermott, Jim, Wash., E2001, E2001 E1996 Burton, Dan, Ind., E1994, E1997 Hastings, Alcee L., Fla., E1992, E1999 Miller, George, Calif., E1997 Tierney, John F., Mass., E2000 Calvert, Ken, Calif., E2000 Inslee, Jay, Wash., E1995 Norton, Eleanor Holmes, D.C., E1991 Towns, Edolphus, N.Y., E1998, E1999

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