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

Vol. 155 WASHINGTON, WEDNESDAY, JANUARY 21, 2009 No. 12 House of Representatives The House met at noon and was last day’s proceedings and announces Bishop of New York, Ms. Moore of Wisconsin, called to order by the Speaker pro tem- to the House her approval thereof. Mr. Connolly of Virginia, Mr. Schrader. pore (Ms. DEGETTE). Pursuant to clause 1, rule I, the Jour- (3) COMMITTEE ON EDUCATION AND LABOR.— nal stands approved. Mr. Kildee, Mr. Payne, Mr. Andrews, Mr. f Scott of Virginia, Ms. Woolsey, Mr. Hinojosa, DESIGNATION OF THE SPEAKER f Mrs. McCarthy of New York, Mr. Tierney, PRO TEMPORE PLEDGE OF ALLEGIANCE Mr. Kucinich, Mr. Wu, Mr. Holt, Mrs. Davis of California, Mr. Grijalva, Mr. Bishop of The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the New York, Mr. Sestak, Mr. Loebsack, Ms. fore the House the following commu- gentlewoman from North Carolina (Ms. Hirono, Mr. Altmire, Mr. Hare, Ms. Clarke, nication from the Speaker: FOXX) come forward and lead the House Mr. Courtney, Ms. Shea-Porter, Ms. Fudge, WASHINGTON, DC, in the Pledge of Allegiance. Mr. Polis of Colorado, Mr. Tonko, Mr. January 21, 2009. Ms. FOXX led the Pledge of Alle- Pierluisi, Mr. Sablan, Ms. Titus. I hereby appoint the Honorable DIANA giance as follows: (4) COMMITTEE ON FOREIGN AFFAIRS.—Mr. DEGETTE to act as Speaker pro tempore on Ackerman, Mr. Faleomavaega, Mr. Payne, I pledge allegiance to the Flag of the Mr. Sherman, Mr. Wexler, Mr. Engel, Mr. this day. United States of America, and to the Repub- NANCY PELOSI, Delahunt, Mr. Meeks of New York, Ms. Wat- lic for which it stands, one nation under God, son, Mr. Smith of Washington, Mr. Speaker of the House of Representatives. indivisible, with liberty and justice for all. Carnahan, Mr. Sires, Mr. Connolly of Vir- f f ginia, Mr. McMahon, Mr. Tanner, Mr. Gene PRAYER Green of Texas, Ms. Jackson-Lee of Texas, ELECTING MEMBERS TO CERTAIN Ms. Lee of California, Ms. Berkley, Mr. The Chaplain, the Reverend Daniel P. STANDING COMMITTEES OF THE Crowley, Mr. Ross, Mr. Miller of North Caro- Coughlin, offered the following prayer: HOUSE OF REPRESENTATIVES lina, Mr. Scott of Georgia, Mr. Costa, Mr. Lord, yesterday, proud to be Ameri- Mr. LARSON of Connecticut. Madam Ellison, Ms. Giffords, Mr. Klein of Florida. cans, became a memorable day of cele- Speaker, by the direction of the Demo- (5) COMMITTEE ON THE JUDICIARY.—Mr. Ber- bration. cratic Caucus, I offer a privileged reso- man, Mr. Boucher, Mr. Nadler of New York, Mr. Scott of Virginia, Mr. Watt, Ms. Zoe A conversion of history does not lution and ask for its immediate con- mean history is overturned or undone. Lofgren of California, Ms. Jackson-Lee of sideration. Texas, Ms. Waters, Mr. Delahunt, Mr. Its true meaning calls for a new way of The Clerk read the resolution, as fol- living. Because the future is no longer Wexler, Mr. Cohen, Mr. Johnson of Georgia, lows: Mr. Pierluisi, Mr. Gutierrez, Mr. Sherman, to be feared, we can be open for every H. RES. 74 Ms. Baldwin, Mr. Gonzalez, Mr. Weiner, Mr. confirmation of hope realized. Schiff, Ms. Linda T. Sanchez of California, The historic past can be drawn upon Resolved, That the following named Mem- bers be and are hereby elected to the fol- Ms. Wasserman Schultz, Mr. Maffei. for lessons yet to be learned. But now lowing standing committees of the House of (6) COMMITTEE ON NATURAL RESOURCES.— truly free, we are to act as Your people Representatives: Mr. Kildee, Mr. Faleomavaega, Mr. Aber- with a new spirit of responsibility, able (1) COMMITTEE ON AGRICULTURE.—Mr. crombie, Mr. Pallone, Mrs. Napolitano, Mr. to respond to the demands of every mo- Holden, Mr. McIntyre, Mr. Boswell, Mr. Holt, Mr. Grijalva, Ms. Bordallo, Mr. Costa, ment given us. Baca, Mr. Cardoza, Mr. Scott of Georgia, Mr. Mr. Boren, Mr. Sablan, Mr. Heinrich, Mr. It is now upon us as a government Marshall, Ms. Herseth Sandlin, Mr. Cuellar, George Miller of California, Mr. Markey of Massachusetts, Mr. DeFazio, Mr. Hinchey, and as a Nation to make history, to Mr. Costa, Mr. Ellsworth, Mr. Walz, Mrs. Mrs. Christensen, Ms. DeGette, Mr. Kind, take our time, and make it a time Gillibrand, Mr. Kagen, Mr. Schrader, Ms. Halvorson, Ms. Dahlkemper, Mr. Massa, Mr. Mrs. Capps, Mr. Inslee, Mr. Baca, Ms. worth celebrating. Bright, Ms. Markey of Colorado, Mr. Herseth Sandlin, Mr. Sarbanes, Ms. Shea- So it ever was, is now, and ever will Kratovil, Mr. Schauer, Mr. Kissell, Mr. Porter, Ms. Tsongas, Mr. Kratovil, Mr. be, generation after generation here in Boccieri, Mr. Pomeroy, Mr. Childers, Mr. Pierluisi. America. Minnick. (7) COMMITTEE ON SCIENCE AND TECH- Lord God, be with us now and for- (2) COMMITTEE ON THE BUDGET.—Ms. NOLOGY.—Mr. Costello, Ms. Eddie Bernice ever. Amen. Schwartz, Ms. Kaptur, Mr. Becerra, Mr. Johnson of Texas, Ms. Woolsey, Mr. Wu, Mr. Doggett, Mr. Blumenauer, Mr. Berry, Mr. Baird, Mr. Miller of North Carolina, Mr. Li- f Boyd, Mr. McGovern, Ms. Tsongas, Mr. pinski, Ms. Giffords, Ms. Edwards of Mary- THE JOURNAL Etheridge, Ms. McCollum, Mr. Melancon, Mr. land, Ms. Fudge, Mr. Lujan, Mr. Tonko, Mr. Yarmuth, Mr. Andrews, Ms. DeLauro, Mr. Griffith, Mr. Rothman of New Jersey, Mr. The SPEAKER pro tempore. The Edwards of Texas, Mr. Scott of Virginia, Mr. Matheson, Mr. Davis of Tennessee, Mr. Chan- Chair has examined the Journal of the Langevin, Mr. Larsen of Washington, Mr. dler, Mr. Carnahan, Mr. Hill, Mr. Mitchell,

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.

H391

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VerDate Nov 24 2008 00:20 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.000 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H392 CONGRESSIONAL RECORD — HOUSE January 21, 2009 Mr. Wilson of Ohio, Ms. Dahlkemper, Mr. We must get concrete assurances COMMUTATION FOR POLITICAL Grayson, Ms. Kosmas, Mr. Peters. from the new administration that the PRISONERS RAMOS AND COMPEAN (8) COMMITTEE ON SMALL BUSINESS.—Mr. final bailout funds will be used to ad- (Mr. POE of Texas asked and was Moore of Kansas, Mr. Shuler, Ms. dress the foreclosure crisis and help Dahlkemper, Mr. Schrader, Ms. Kirkpatrick given permission to address the House of Arizona, Mr. Nye, Mr. Michaud, Ms. Bean, keep millions of Americans in their for 1 minute.) Mr. Lipinski, Mr. Altmire, Ms. Clarke, Mr. homes. We must help Americans save Mr. POE of Texas. Madam Speaker, Ellsworth, Mr. Sestak, Mr. Bright, Mr. Grif- their homes. as a final act by President Bush, border fith, Ms. Halvorson. f agents and political prisoners Jose (9) COMMITTEE ON VETERANS’ AFFAIRS.—Ms. Compean and Ignacio Ramos were Corrine Brown of Florida, Mr. Snyder, Mr. A DOZEN FUN FACTS ABOUT THE Michaud, Ms. Herseth Sandlin, Mr. Mitchell, HOUSE DEMOCRATS’ MASSIVE granted a commutation of their harsh Mr. Hall of New York, Ms. Halvorson, Mr. SPENDING BILL prison sentence. Thanks to the work of many Mem- Perriello, Mr. Teague, Mr. Rodriguez, Mr. (Ms. FOXX asked and was given per- Donnelly of Indiana, Mr. McNerney, Mr. bers of Congress, some in the media, mission to address the House for 1 Space, Mr. Walz, Mr. Adler of New Jersey, and, most importantly, the American minute.) Ms. Kirkpatrick of Arizona, Mr. Nye. people, this case would just not go Ms. FOXX. Madam Speaker, much is Mr. LARSON of Connecticut (during away. The agents were relentlessly being said about the proposed ‘‘stim- the reading). Madam Speaker, I ask prosecuted for doing their job on the ulus’’ package that is being considered unanimous consent that the resolution violent Texas-Mexico border when they by the Democrats right now, but I be considered as read and printed in tried to stop a drug smuggler from es- think we need to talk a little bit about the RECORD. caping after bringing in $750,000 worth the facts of the matter. Ms. FOXX. Madam Speaker, reserv- of drugs. They received 11 and 12 years As others have said, the government, ing the right to object, could the gen- in the penitentiary while the drug deal- in this case the Federal Government, tleman please tell us the committees. er was given immunity. cannot give to anyone anything that it Is it just the Committee on Agri- But this case is not over. President does not first take from someone else. culture, Madam Speaker? Obama will be asked by some Members So here are some of the facts about the Mr. LARSON of Connecticut. Madam of Congress to grant a full pardon. proposed stimulus: Speaker, I thank the gentlewoman. As Also, legislation will be introduced to It will cost each and every household I indicated, this is a privileged resolu- make it clear to Federal judges and in America $6,700 in additional debt tion from the Democratic Caucus, and rogue prosecutors that the requirement paid by our grandchildren and children. the Committees are on Agriculture, to add additional prison time to a per- This legislation will spend about Budget, Education, Foreign Affairs, Ju- son that carries a weapon in a crime $275,000 per job if the stimulus package diciary, Natural Resources, Science shall not apply to peace officers be- creates or saves 3 million jobs. The av- and Technology, Small Business, and cause they have to carry weapons. erage household income in the United Veterans’ Affairs. Also, justice will not occur until the States is $50,000 a year. The House Ms. FOXX. Madam Speaker, I with- American people find out why our gov- Democrats’ bill provides enough spend- draw my reservation. ernment was on the wrong side of the ing, $825 billion, to give every man, The SPEAKER pro tempore. Is there border wars and prosecuted this case in woman, and child in America $2,700. objection to the request of the gen- There are many more facts about the first place. tleman from Connecticut (Mr. this bill that need to be presented, and And that’s just the way it is. LARSON)? we will be doing that in the next few f There was no objection. days. The resolution was agreed to. STRONG AMERICAN SUPPORT FOR A motion to reconsider was laid on f BIKE/PED-ALTERNATIVE TRANS- the table. ACKNOWLEDGING THE SERVICE OF PORTATION f THE CINCINNATI POLICE DE- (Mr. BLUMENAUER asked and was PARTMENT IN THE INAUGURA- given permission to address the House THE FINAL BAILOUT FUNDS MUST TION for 1 minute.) BE USED TO ADDRESS FORE- (Mr. DRIEHAUS asked and was given Mr. BLUMENAUER. Madam Speaker, CLOSURE CRISIS permission to address the House for 1 last week the Republican leader went (Mr. KUCINICH asked and was given minute.) on CBS to state that the American peo- permission to address the House for 1 Mr. DRIEHAUS. Madam Speaker, I ple don’t want beautification projects minute and to revise and extend his re- rise today to acknowledge the service or bike lanes in the economic stimulus marks.) of the Cincinnati Police Department in program. Instead, Mr. BOEHNER felt Mr. KUCINICH. Madam Speaker, let’s yesterday’s inaugural celebration. The American families want larger and ex- discuss our system of checks and bal- men and women of Cincinnati proudly panded highways. ances. served as a security detail for yester- He’s just wrong on the facts. A 2009 Congress writes hundreds of billions day’s events, as did thousands of offi- survey by the National Association of of checks to the banks, and the banks, cers from across the United States. Realtors and Smart Growth America it turns out, don’t know their own bal- As one traveled the streets of Wash- reported that three-quarters of Ameri- ances. Banks are not lending the ington yesterday, the presence of our cans believe that smarter development money Congress gave them because police and military was reassuring. and improved public transit are better most banks don’t know their own bal- They were courteous, respectful, and long-term solutions for reducing traffic ance sheets. We throw in countless dol- extremely professional as they assisted congestion, better than building new lars into a bottomless pit, and we’re millions of visitors to our Nation’s roads. An overwhelming 80 percent be- wondering why new lending is not hap- Capital. lieve it’s more important to repair ex- pening. Let this be a reminder to all of us of isting highways and public transit Our Nation’s motto is ‘‘In God we the tremendous dedication of our men rather than build new highways. trust,’’ not ‘‘In banks we trust.’’ We and women in uniform serving our The transit, bike, pedestrian and must verify what the banks are doing communities here at home as well as road repair work are more labor inten- with the money we gave them. We those serving abroad. It is their dedica- sive and are ready to go in all 50 must get concrete assurances that the tion and commitment to service that States, supporting local engineering rest of the bailout funds be used to ad- ensures our freedoms, the freedoms and construction firms. dress the center of the financial crisis celebrated yesterday in the inaugura- The Republican leader is wrong; the in America: That’s foreclosures. Fore- tion of our 44th President. American public is right. Bikes, tran- closures are devastating the American Let these brave officers be a model sit, fixing-it-first projects make com- families. A 41 percent increase in fore- for all Americans as we heed the call to munities more livable, put more people closures in the past year. service and renew our democracy. to work faster, and make our families

VerDate Nov 24 2008 00:20 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.002 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H393 safer, healthier, and more economi- days as a Member of Congress, I found Officer Swainson exhibited quick cally secure. the same to be true of my colleagues. I service, a quick attitude and a great f pledged to my constituents that I deal of hope, and I am grateful that would work with both sides of the aisle there were many from my community b 1215 in order to help accomplish these com- who were here to observe and congratu- THANK YOU, PRESIDENT BUSH mon goals, and that is the same prom- late Officer Eliot Swainson, a 15-year ise I make to my colleagues. No party Houston Metro Police veteran. They (Mr. WILSON of South Carolina has a monopoly on good ideas, and, as were Rev. Samuel Smith, Rev. Harvey asked and was given permission to ad- always, if we work in a bipartisan man- Clements, Bishop James Dixon, Rev. dress the House for 1 minute and to re- ner, we will find that the truth is Lightfoot, Rev. Marcus Crosby, Rev. vise and extend his remarks.) somewhere in the middle. Kirby John Caldwell, Rev. Edwin Davis Mr. WILSON of South Carolina. f and many others who are so very proud Madam Speaker, yesterday we wit- of the idea that we are, in fact, our nessed an achievement of democracy, PEACEFUL TRANSFER OF POWER brothers’ and sisters’ keeper. the peaceful transfer of power and wel- (Mrs. MILLER of Michigan asked and Thank you, Houston Metro Police Of- coming our new President, Barack was given permission to address the ficer Eliot Swainson. We wish you well, Obama. I want to congratulate Presi- House for 1 minute and to revise and and we wish you the continued attitude dent Obama and wish him well. extend her remarks.) that in America we are all our broth- I wish to thank President George W. Mrs. MILLER of Michigan. Madam ers’ and sisters’ keepers. Bush for his service to this Nation and, Speaker, yesterday we once again wit- f most importantly, his support of our nessed the greatest of American tradi- brave soldiers, sailors, airmen and ma- tions, the peaceful transfer of power MEDIA’S DOUBLE STANDARD ON rines, along with their intelligence from one democratically elected Presi- INAUGURATION COSTS services and first responders. As a vet- dent and leader of our Nation to an- (Mr. SMITH of Texas asked and was eran and father of four military sons, I other. given permission to address the House believe President Bush should always Whether in times of peace or pros- for 1 minute and to revise and extend be appreciated for defeating terrorism perity or war and economic difficulty, his remarks.) overseas to protect American families this great Nation has never wavered Mr. SMITH of Texas. Madam Speak- at home. The Bush success is clear from its commitment to democracy er, yesterday we witnessed the hall- today. We have not been attacked in and to the power of the American peo- mark of democracy of the peaceful the last 7 years. ple to choose our leaders. This model of transfer of power. And, like President Today I look forward to working how a free people govern themselves is Obama, we all wish our country a pros- with President Obama as we have a re- truly America’s greatest gift to the perous future. spectful debate on the future of our Na- world. Although the national media strong- tion. We must work together for pros- At a time of great challenges facing ly criticized President Bush for the perity and security for all Americans. our Nation, our new President was met cost of his inauguration in 2005, such In conclusion, God bless our troops, with a sense of hope and an outpouring criticism has been predictably scarce and we will never forget September the of support from the ever optimistic for President Obama, even though his 11th. My deepest sympathy to the fam- American people. And whether you inauguration was more than twice as ily of the late Camilla Knotts Wil- consider yourself a Republican or a expensive as President Bush’s. For ex- liams, 100 years of age, of Orangeburg, Democrat, Barack Obama today is a ample, a New York Times editorial in South Carolina. President for every American. 2005 suggested that the war in Iraq It is now time for us, in this Con- should dictate restraint for President f gress, to work together to help our new Bush’s inauguration. TRUTH LIES SOMEWHERE IN THE President govern through these trou- We now face two wars and serious MIDDLE bled times. Throughout our Nation’s economic challenges, yet the Times of- history, Madam Speaker, we have prov- (Mr. KRATOVIL asked and was given fered no similar criticism of yester- en that united we can overcome any permission to address the House for 1 day’s event. Expensive inaugurations hardship and defeat any foe. minute and to revise and extend his re- are nothing new, and I am sure many I extend best wishes to our new who faced traffic congestion and long marks.) President and my colleagues as we Mr. KRATOVIL. Madam Speaker, I lines yesterday wished even more had work together to do our best on behalf been spent on this year’s celebration. come to Congress as a career pros- of the American people. ecutor, someone whose job it has been But we need the media to be even- to sort through facts in search of the f handed in its treatment of Republican truth. In my career, I have found that HONORING HOUSTON METRO and Democratic inaugurations, not usually the truth lies somewhere in the POLICE OFFICER ELIOT SWAINSON guilty of a double standard. middle. Running for Congress gave me (Ms. JACKSON-LEE of Texas asked f the opportunity to meet with people and was given permission to address SEIZE THIS MOMENT IN TIME with divergent opinions. the House for 1 minute and to revise (Mr. CHAFFETZ asked and was given But what I found was that as dif- and extend her remarks.) permission to address the House for 1 fering as their opinions may have been, Ms. JACKSON-LEE of Texas. Madam minute and to revise and extend his re- more often than not they shared the Speaker, yesterday the theme ‘‘One marks.) same goals for their families and com- America’’ rose to the highest mountain Mr. CHAFFETZ. Madam Speaker, munities. Most wanted more financial tops as we celebrated the inauguration some among us believe that govern- stability. They wanted to send their of President Barack Obama and Vice ment holds the keys to our prosperous children to college, and they wanted a President BIDEN. There were many future. Some have argued that only government that didn’t interfere with great heroes yesterday, those in the government can solve our challenges. their small business, but provided in- audience and those working for us. I beg to differ. Our freedom, our lib- centive and opportunity to grow. Peo- I rise today to congratulate one of erty, indeed, our ability to live as free ple agreed that a clean and healthy my own, Houston Metro Police Officer people and thrive is directly propor- Chesapeake was vital to our region, Eliot Swainson, who, with his quick re- tionate to the limiting of government whether they valued the bay for sport, action, saved a 68-year-old woman who in our lives and in our pocketbooks. commerce or tourism, and they wanted fell on a train station. With his atten- We established a Constitution to ‘‘se- a Congress that applied oversight to tion to detail, seeing the Red Line cure the Blessings of Liberty.’’ Our every penny they appropriated. train coming very fast, he directed the country was founded on the principle of The long and short was that my con- woman to get under a cove area and re- limited government. stituents there were just as different, main there because they could not pull Let us not mistake the need for a they shared the same goals. In my first her up in time. more promising economic future as an

VerDate Nov 24 2008 00:20 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.016 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H394 CONGRESSIONAL RECORD — HOUSE January 21, 2009 excuse to allow further encroachment Obama’s success. Madam Speaker, petence, mistake or evasion, it cer- of government in our lives. Let us seize some of us grew up at a time of seg- tainly doesn’t underscore either. this moment in time to secure our lib- regation and division in our Nation. f erties by limiting our government. But with President Obama’s election HONORING DR. DAVID LAND FOR More government, more taxes, more and inauguration as President, all of us HIS CONTRIBUTIONS TO THE spending of the people’s money will not better understand what Dr. King told COMMUNITY solve our challenges. Securing liberty us when he said, ‘‘Occasionally in life will. there are those moments of unutter- (Mr. BOOZMAN asked and was given The United States of America is the able fulfillment which cannot be com- permission to address the House for 1 greatest country on the face of the pletely explained by those symbols minute and to revise and extend his re- planet, but liberty, not bigger govern- called words. Their meanings can only marks.) ment, will allow us to prosper. be articulated by the inaudible lan- Mr. BOOZMAN. Madam Speaker, f guage of the heart.’’ today I rise to honor the life of Dr. David Land, a gracious contributor to TAXPAYER DOLLARS MUST BE f the Third District of Arkansas, who SPENT WITH ACCOUNTABILITY WILLING AND READY TO WORK passed away earlier this year. AND TRANSPARENCY TOGETHER Dr. Land was the superintendent of (Mr. LEE of New York asked and was (Ms. SHEA-PORTER asked and was Omaha schools for more than 22 years, given permission to address the House given permission to address the House but he wasn’t just an administrator. He for 1 minute.) for 1 minute.) was a mentor and a friend to the staff Mr. LEE of New York. Madam Speak- Ms. SHEA-PORTER. Madam Speak- and students who knew him as ‘‘Doc.’’ er, taxpayer dollars must be spent with er, yesterday was an absolutely glo- Doc spent his life as an educator and accountability and transparency. To rious day. We watched the peaceful showed that actions do speak louder date, the Troubled Asset Relief Pro- transfer of power from one President to than words. He fixed tiles in the cafe- gram, commonly known as TARP, has the next. Standing there, I had the teria, jump-started students’ cars, failed to meet the commonsense stand- great honor of looking out at millions drove the bus to field trips and wrote ard of fiscal responsibility. of my fellow countrymen and women grants for the small school district. TARP was established last fall as an who came together to stand there be- These actions weren’t out of the ordi- emergency plan to prop up the ailing side our great memorials to watch this nary for this extraordinary man. financial markets, but, today, we have event. He was named the Arkansas Rural far more questions than answers. Tax- Everything went so beautifully that I Association’s 2005 Northwest Arkansas payers have already lost $64 billion on felt that I wanted to thank those who Superintendent of the Year. Doc spent the first round of investments made were involved in making the process his life as an administrator, but it through TARP. The new administra- happen. I would like to thank all of the wasn’t just a job, it was something tion has asked this Congress to double security that came and the men and that he loved. down on TARP and rubber stamp an- women here who work every single day When a friend talked to him and other $350 billion without credible as- as our guards and our fire department asked about retirement, Doc said, surance of future results. and others who committed themselves ‘‘What else would I do? This is my With a $1.2 trillion deficit on the to such a day. life.’’ books and a nearly $1 trillion stimulus So it was a day to celebrate and, cer- Madam Speaker, Doc will certainly package looming, these are resources tainly, we have turned a page in his- be missed. I thank my colleagues for we cannot afford to spend without re- tory. And we are willing and ready to the opportunity to honor and celebrate sponsible oversight. the life of this wonderful man. Western New York’s economy is in a work together to move this Nation for- perilous state. What we need right now ward. f is swift bipartisan action that creates f ANNOUNCEMENT BY THE SPEAKER jobs and spurs future economic growth, DESIGNEE FOR SECRETARY OF PRO TEMPORE not another bloated Washington pro- TREASURY POSES PROBLEM The SPEAKER pro tempore. Pursu- gram that overpromises and under- (Mr. BURGESS asked and was given ant to clause 8 of rule XX, the Chair delivers. permission to address the House for 1 will postpone further proceedings I hope my colleagues will reject any minute and to revise and extend his re- today on motions to suspend the rules attempt to rubber stamp the TARP marks.) on which a recorded vote or the yeas Program and ensure taxpayer dollars Mr. BURGESS. Madam Speaker, as and nays are ordered, or on which the are spent wisely, not wastefully. Members of the House of Representa- vote is objected to under clause 6 of f tives, we don’t get a vote on confirma- rule XX. CONGRATULATING OUR NATION’S tion of Cabinet appointments. But at Record votes on postponed questions 44TH PRESIDENT, BARACK OBAMA the same time, that does not absolve us will be taken later. (Mr. ROE of Tennessee asked and was of the responsibility to speak out when f given permission to address the House we see a problem and, currently, the b 1230 designee for the Secretary of the Treas- for 1 minute.) OBSERVING THE BIRTHDAY OF Mr. ROE of Tennessee. Madam ury poses an enormous problem for this MARTIN LUTHER KING, JR. Speaker, I rise today to join in con- House and for the Senate. gratulating our Nation’s 44th Presi- Now, Madam Speaker, my constitu- Mr. CONYERS. Madam Speaker, I dent, Barack Obama, on his inaugura- ents have trouble with taxes, just as all move to suspend the rules and agree to tion. This is truly a historic moment of our constituents have trouble with the resolution (H. Res. 73) observing for our Nation. taxes, and sometimes they get into real the birthday of Martin Luther King, We are all Americans first and, as difficulty. But it doesn’t, it doesn’t ab- Jr., and encouraging the people of the Republicans, stand ready and willing to solve them of their obligation to pay United States to observe the birthday work with the President in restoring their taxes and their interest and their of Martin Luther King, Jr., and the life economic growth, creating jobs, restor- fines because, of course, we have many and legacy of Dr. Martin Luther King, ing physical integrity and protecting thousands of people who paid their Jr., and for other purposes. our Nation’s security. taxes honestly. I speak to you about The Clerk read the title of the resolu- In the weeks and months ahead, we that as someone who ran their own tion. will surely have honest differences on business and had to pay payroll taxes. The text of the resolution is as fol- what the best direction is for us as a Whether this was a mistake or an lows: country. evasion, yesterday, when President H. RES. 73 But all of us start this Congress with Obama spoke about a call to service Whereas Reverend Doctor Martin Luther tremendous hope for President but also underscored a call to com- King, Junior, was born January 15, 1929;

VerDate Nov 24 2008 00:20 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.005 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H395 Whereas Dr. King attended segregated pub- Whereas Dr. King was the leading civil self-evident; that all men are created lic schools in Georgia, and began attending rights advocate of his time, spearheading the equal’ ’’; and Morehouse College in Atlanta, Georgia, at civil rights movement in the United States (C) remember the message of Dr. King and the age of 15; during the 1950s and 1960s and earning world- rededicate themselves to Dr. King’s goal of a Whereas in February of 1948, Dr. King was wide recognition as an eloquent and articu- free and just United States. ordained in the Christian ministry at the age late spokesperson for equality; The SPEAKER pro tempore. Pursu- of 19 at Ebenezer Baptist Church, in Atlanta, Whereas in the face of hatred and violence, ant to the rule, the gentleman from Georgia, and became Assistant Pastor of Dr. King preached a doctrine of nonviolence Michigan (Mr. CONYERS) and the gen- Ebenezer Baptist Church; and civil disobedience to combat segrega- Whereas Dr. King was awarded a Bachelor tion, discrimination, and racial injustice, tleman from Texas (Mr. SMITH) each of Arts degree in 1948 from Morehouse Col- and believed that people have the moral ca- will control 20 minutes. lege, a Bachelor of Divinity degree in 1951 pacity to care for other people; The Chair recognizes the gentleman from Crozer Theological Seminary in Penn- Whereas Dr. King awakened the conscience from Michigan. sylvania, and a Doctor of Philosophy degree and consciousness of the United States and GENERAL LEAVE in theology in 1955 from Boston University; used his message of hope to bring people to- Mr. CONYERS. I ask unanimous con- Whereas in Boston, Massachusetts, Dr. gether to build the ‘‘Beloved Community’’, a community of justice, at peace with itself; sent that all Members have 5 legisla- King met Coretta Scott, his life partner and tive days to revise and extend their re- fellow civil rights activist; Whereas in 1968, Representative John Con- Whereas on June 18, 1953, Dr. King and yers introduced legislation to establish the marks and include extraneous material Coretta Scott were married and later had birthday of Martin Luther King, Jr. as a Fed- on the resolution under consideration. two sons and two daughters; eral holiday; The SPEAKER pro tempore. Is there Whereas in 1954, Dr. King accepted the call Whereas Coretta Scott King led the mas- objection to the request of the gen- of Dexter Avenue Baptist Church in Mont- sive campaign to establish Dr. King’s birth- tleman from Michigan? gomery, Alabama, and was pastor from Sep- day as a Federal holiday; There was no objection. tember 1954 to November 1959, when he re- Whereas in 1983, Congress passed and Presi- Mr. CONYERS. I yield myself such signed to move back to Atlanta to lead the dent Ronald Reagan signed legislation cre- ating the birthday of Martin Luther King, time as I may consume. Southern Christian Leadership Conference; Members of the House, last Thurs- Whereas Dr. King led the Montgomery, Jr. holiday, which is now observed in more Alabama, bus boycott for 381 days to protest than 100 countries; day, January 15, marked the 80th birth- the arrest of Rosa Parks and the segregation Whereas Dr. King’s wife and indispensable day of Dr. Martin Luther King, Jr., of the bus system of Montgomery, during partner, Coretta Scott King, was a woman of who was born in 1929. On Monday, Jan- which time Dr. King was arrested and the quiet courage and great dignity who uary 19, the Dr. King Federal holiday home of Dr. King was bombed; marched alongside her husband and became was observed. I commend my col- Whereas Dr. King responded to arrests and an international advocate for peace and league, the gentleman from Georgia, violence with non-violence and courage in human rights; Whereas Coretta Scott King, who had been Mr. JOHN LEWIS, for introducing again the face of hatred; this bipartisan House Resolution that Whereas the Montgomery bus boycott was actively engaged in the civil rights move- the first great nonviolent civil rights dem- ment as a politically and socially conscious calls upon all Americans on this occa- onstration of contemporary times in the young woman, continued after her husband’s sion ‘‘to advance the legacy of Dr. Mar- United States; death to lead the United States toward tin Luther King, Jr.’’ Whereas on December 13, 1956, the Supreme greater justice and equality, traveling the I also acknowledge the many col- Court declared laws requiring segregation on world on behalf of racial and economic jus- leagues of the Judiciary Committee on buses unconstitutional; tice, peace and non-violence, women’s and both sides of the aisle that have joined Whereas between 1957 and 1968, Dr. King children’s rights, gay rights, religious free- dom, full employment, health care, and edu- us in supporting this resolution; in par- traveled more than 6,000,000 miles, spoke ticular, the ranking member from more than 2,500 times, and wrote five books cation until her death on January 30, 2006; and numerous articles supporting efforts Whereas the values of faith, compassion, Texas, our friend, Mr. SMITH. around the country to end injustice and courage, truth, justice, and non-violence For over 40 years now, we have com- bring about social change and desegregation; that guided Dr. and Mrs. King’s dream for memorated the life and work of the Na- Whereas from 1960 until his death in 1968, America will be celebrated and preserved by tion’s greatest civil rights leader, Dr. Dr. King was co-pastor with his father at the Martin Luther King, Jr., National Memo- Martin Luther King, Jr. Since 1986, we Ebenezer Baptist Church; rial on the National Mall between the Lin- have recognized Dr. King with a Fed- Whereas on August 28, 1963, Dr. King led coln Memorial and the Jefferson Memorial and in the new National Museum of African eral holiday in his honor, a holiday the March on Washington, DC, the largest that I and others here have worked so rally of the civil rights movement, during American History and Culture that will be which, from the steps of the Lincoln Memo- located in the shadow of the Washington hard to achieve. rial and before a crowd of more than 200,000 Monument; Last year, we paid tribute to Dr. people, Dr. King delivered his famous ‘‘I Whereas Dr. King’s actions and leadership King upon the 40th anniversary of his Have A Dream’’ speech, one of the classic made the United States a better place and assassination. Today, we once again orations in American history; the American people a better people; celebrate Dr. King on the event of his Whereas Dr. King was a champion of non- Whereas 45 years after Dr. King delivered birthday. On these anniversaries, the violence, fervently advocated nonviolent re- his historic ‘‘I have a dream’’ speech, mil- lions of United States citizens gathered on Congress has called upon the Nation’s sistance as the strategy to end segregation citizens to practice justice, equality, and racial discrimination in America, and in the National Mall on January 20, 2009, to wit- 1964, at age 35, became the youngest man to ness the historic Inauguration of the 44th and peace in all aspects of his life, the be awarded the Nobel Peace Prize in recogni- President of the United States, Barack very principles that Dr. King stood for. tion for his efforts; Obama, the first African-American President Today, we make the same request of Whereas through his work and reliance on of the United States; and not just our colleagues, but of our citi- nonviolent protest, Dr. King was instru- Whereas the historic Inauguration of zens, recognizing that today is very dif- mental in the passage of the Civil Rights Act President Barack Obama dramatized the ferent. We advance Dr. King’s legacy of 1964 and the Voting Rights Act of 1965; change that Dr. King helped to usher in for by realizing that some of Dr. King’s Whereas the work of Dr. King created a the creation of a more perfect union: Now, therefore, be it dream has been achieved. basis of understanding and respect and Just yesterday, our Nation witnessed helped communities, and the United States Resolved, That the House of Representa- as a whole, to act cooperatively and coura- tives— the first African American in history geously to restore tolerance, justice, and (1) observes the 80th birthday of Martin to take the oath of office for President equality between people; Luther King, Jr.; of the United States. Our 44th Presi- Whereas on the evening of April 4, 1968, Dr. (2) pledges to advance the legacy of Dr. dent, President Obama, is a testament King was assassinated while standing on the Martin Luther King, Jr.; and to Dr. King’s pursuit and struggle for balcony of his motel room in Memphis, Ten- (3) encourages the people of the United equality. And in his short life, Dr. King nessee, where he was to lead sanitation States to— laid the foundation for a society that workers in protest against low wages and in- (A) observe the 80th birthday of Martin Lu- would guarantee that all men are cre- tolerable working conditions; ther King, Jr., and the life of Dr. King; Whereas Dr. King dedicated his life to se- (B) commemorate the legacy of Dr. King, ated equal. It is on the shoulders of Dr. curing the fundamental principles of the so that, as Dr. King hoped, ‘‘one day this Na- King and Rosa Parks and Andrew United States of liberty and justice for all tion will rise up and live out the true mean- Young and Harry Belafonte, all close United States citizens; ing of its creed: ‘We hold these truths to be colleagues of Dr. King, who were in the

VerDate Nov 24 2008 00:20 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.016 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H396 CONGRESSIONAL RECORD — HOUSE January 21, 2009 forefront of the civil rights movement. his ‘‘I Have a Dream’’ speech, Dr. King ophy of nonviolence; he was talking And that is why we stand here today, called the march the ‘‘greatest dem- about the Montgomery bus boycott and witnesses to history, with our first Af- onstration for freedom in the history of the ability of a committed and deter- rican American President. our Nation.’’ mined people to make a difference in President Obama spoke movingly ‘‘I have a dream,’’ he said, ‘‘that my our society. I felt like he was talking yesterday when he asked that we mark four little children will one day live in directly to me, saying, John Lewis, you his inauguration in remembrance of a Nation where they will not be judged too can make a difference in our soci- who we are and how far we have trav- by the color of their skin, but by the ety. eled; why men and women and children content of their character.’’ Dr. King In 1958, at the age of 18, I traveled of every race and every faith can join opened the door of opportunity for mil- from Troy to Montgomery to meet in celebration across the magnificent lions of Americans. He lived for the with him and Reverend Ralph Aber- Mall; and why a man whose father, less causes of justice and equality. nathy, and that was the beginning of a than 60 years ago, might not have been On the evening of April 4, 1968, while long and beautiful relationship. After served at a local restaurant, can now standing on the balcony of his hotel that, our paths, which would cross stand before you to take the most sa- room in Memphis, Tennessee, Dr. King often, in the sit-ins; during the Free- cred oath that was given to him yester- was assassinated. But a single vicious dom Rides in 1961, the year that day. act could not extinguish Dr. King’s leg- Barack Obama was born; as a board In celebrating the great legacy of Dr. acy, which endures to this day. Be- member of the Southern Christian King’s work, we must recognize that cause of him, America is a better, freer Leadership Conference, his organiza- his legacy does not end here. Con- Nation. tion; organizing the 1963 march on tinuing his mission of justice means I urge all my colleagues to join us in Washington, and in Mississippi during bringing an end to racial and economic celebrating and honoring the life of Dr. the summer of 1964; in the march from injustices, like those we have seen in King on the occasion of the 80th anni- Selma to Montgomery in 1965; at the so many aspects of the current finan- versary of his birth. Riverside Church in New York City in cial and fiscal crisis that we are con- Madam Speaker, I reserve the bal- 1967, Mr. Chairman, when you spoke fronted with. ance of my time. out against the war in Vietnam; and in Advancing his mission of equality Mr. CONYERS. Madam Speaker, I am preparation for its ultimate course, the means eliminating the disparities that pleased to recognize the gentleman Poor People’s Campaign in 1968, when exist in so many aspects of our society; from Georgia, who I met before he be- he was planning to come to Wash- health care, housing, education, em- came a Member of this distinguished ington. ployment. And so pursuing his mission body. As a matter of fact, before I be- As I grew to know Dr. King and the of peace means bringing an end to the came a Member of this distinguished life of the movement, my admiration wars that still persist and allowing our body. I am pleased now to recognize for the man also grew. He was a Nation to be an example of a peaceful the gentleman from Georgia (Mr. spokesperson not just for blacks, but democracy. LEWIS) for such time as he may con- for all of those who had been left out Madam Speaker, I reserve the bal- sume. and left behind. He spoke to the hearts ance of my time. Mr. LEWIS of Georgia. Madam and consciences of all of us who be- Mr. SMITH of Texas. Madam Speak- Speaker, I want to thank the chairman lieved nonviolence and love offer a er, I yield myself such time as I may and the ranking member for supporting more excellent way. consume. this resolution. This good man, this God-fearing man, Madam Speaker, the first thing I Madam Speaker, yesterday, the gave us hope in a time of hopelessness. want to say is that it’s good to be on American people shared and partici- This good man, this man of God, this the House floor with the chairman of pated in a historic moment, the inau- son of America, this citizen of the the Judiciary Committee to talk about guration of Barack Obama as the 44th world, produced light in dark places. the subject at hand. This bill com- President of the United States. What Martin Luther King, Jr. had the ability memorates the 80th anniversary of the the American people witnessed yester- to bring the dirt and the filth from birth of Dr. Martin Luther King, Jr. day would not have been possible with- under the American rug, out of the Dr. King was the leader of a historic out the leadership and the vision of Dr. cracks and the corners, into the open nonviolent revolution in the United Martin Luther King, Jr. The teaching light, in order for us to deal with it. States. Over the course of his life, he and philosophy that Dr. King believed Martin Luther King, Jr., more than fought for equal justice and led the Na- in and lived by brought us to this mo- any other American of the 20th cen- tion toward racial harmony. ment in history. Without Martin Lu- tury, had the power to bring people to- While advancing this great move- ther King, Jr., there would be no Presi- gether, more people together, to do ment, Dr. King’s home was bombed and dent Barack Obama. good; black and white, rich and poor, he was subjected to relentless personal Martin Luther King, Jr. was a man I young and old, Protestant, Catholic, and physical abuse. Despite this vio- knew personally, and regarded as a and Jews. His message was love, his lence, Dr. King responded in peace and brother, a friend, a colleague, a proph- weapon was truth. His message was with strong conviction and sound rea- et, my hero, and just a simple human creative nonviolence. His goal was the son. being, filled with love, peace, and com- beloved community, a community of As a pastor, Dr. King’s religious be- passion for all humankind. justice, a community at peace with liefs were essential to the success of his I will never forget my first impres- himself. nonviolent efforts. It is doubtful that sion of him. As a black child growing This man that I marched with, such a long and enduring movement up in the heart of rural Alabama, I worked with, and went to jail with, could have survived without the power tasted the bitter fruits of segregation this man that I got to know, was so of religious inspiration behind it. and racial discrimination, and I didn’t sensitive and so caring. He personified From 1957 to 1968, Dr. King traveled like it. I saw those signs that said, the very best of humankind. He was a over 6 million miles and spoke over ‘‘White Men, Colored Men; White gentle man who used the teaching of 2,500 times about justice and equal Women, Colored Women; White Wait- the Great Teacher and the tools of freedom under the law. During that ing, Colored Waiting.’’ I used to ask my Gandhi. In a sense, he spoke a strange time, he led large protests in Bir- parents, my grandparents, and my language, the philosophy of passive re- mingham, Alabama, that drew the at- great grandparents, Why segregation? sistance to evil and the use of non- tention of the world. Why racial discrimination? They said, violence in a struggle for good. On August 28, 1963, Dr. King led a That’s the way it is. Don’t get in trou- In a sense, he was a radical, far too peaceful march of 250,000 through the ble. Don’t get in the way. advanced in his concepts of love and streets of Washington, D.C. And it is But one day, when I was only 15 years peace for the violent times in which he here in this city where he delivered a old, I heard the voice of Martin Luther lived. speech that spoke for all Americans, King, Jr. on an old radio. He was talk- Dr. King taught us that the method regardless of the color of their skin. In ing about the discipline and the philos- of nonviolence was the key to building

VerDate Nov 24 2008 00:20 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.008 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H397 a Beloved Community, a society based ference, having had the opportunity to Madam Speaker, isn’t it great that on simple justice that values the dig- work under the tutelage of the soldiers, we end that this is one Nation, one nity and the worth of every human the foot soldiers of Dr. Martin Luther America, and Dr. King told us so. being. King, being reminded of traveling up Madam Speaker, I rise in strong support of I say to you, my friends, 41 years ago, and down Auburn, and finding that al- this resolution supporting the observation of Martin Luther King was taken from us most storefront building that rep- the birthday of Dr. Martin Luther King, Jr. and by an assassin’s bullet. But murder resented and embodied all of the cere- encouraging the people of the United States to could not kill the dream of peace. It bral thought, all of the brain power, all observe the birthday of Dr. Martin Luther King, could not kill the dream of an open so- of the love, all of the courage, all of the Jr. and the life and legacy of Dr. Martin Luther ciety. It could not kill the dream of a strength of those who found guidance King, Jr. I thank my colleague Representative Beloved Community. The movement in Dr. King. And so this is a particu- JOHN LEWIS for authoring this resolution. I urge that Martin Luther King, Jr. led, the larly important resolution, for many my colleagues to support this resolution also. movement that he sustained, was too have asked those of us who look like Madam Speaker, a few days ago, the Na- necessary, too noble, too right to ever me whether or not the dream has been tion observed for the 21st time the Martin Lu- die. completed. ther King, Jr. holiday. Each year this day is set We know that his voice is stilled I will say that there is a man that aside for Americans to celebrate the life and today, but perhaps today more than now sits in the White House who holds legacy of a man who brought hope and heal- ever before we know that his message the dream, and he has given us our ing to America. The Martin Luther King holiday still rings in the hearts of America. roadmap. And that roadmap is that we reminds us that nothing is impossible when we are in this together, that we are the Forty years later, we must rededi- are guided by the better angels of our nature. wind beneath his wings, that America cate ourselves to the struggle that was We must continue to recognize the life and has always been and should be a One his struggle and continue to seek the legacy of Dr. King. We must continue to honor America. And we are reminded of Dr. goals that were his goals. his legacy by serving on the day that we have King’s words in 1963, where he talked set aside to observe his life. b 1245 about not looking at anyone for their Dr. King’s inspiring words filled a great void color or their religion. Isn’t this great I want to close, Madam Speaker, by in our Nation, and answered our collective and wonderful that we have now come saying, as we assemble here we must longing to become a country that truly lived by full circle to have the words and his understand that his dream has not yet its noblest principles. Yet, Dr. King knew that dreaming come to a point where we are been fulfilled. We have come a dis- it wasn’t enough just to talk the talk; he knew tance, but we still have a distance to now comfortable with not looking at each other by the color of our skin or he had to walk the walk for his words to be go before we build a beloved commu- credible. And so we commemorate on this hol- nity in America. our ethnicity. And so, yes, the dream is continuing. iday the man of action, who put his life on the If Dr. King were here today, I believe line for freedom and justice everyday. he would have said that the election of But Dr. Martin Luther King, and the reason I rise today, was a prophet in Every January 19th, this Nation honors the Barack Obama is not an end, it is not his time. For many, they are not used courage of a man who endured harassment, even a beginning, it is a significant to using that term. He told us about threats and beatings, and even bombings. We down payment on making his dream a economic hard times and the desire to commemorate the man who went to jail 29 reality. give everyone an opportunity for edu- times to achieve freedom for others, and who Mr. SMITH of Texas. Madam Speak- cation and their day in the sun and the knew he would pay the ultimate price for his er, this bill came up a little earlier economic opportunity, and look at us leadership, but kept on marching and pro- than we expected and we are waiting today. Our President is now trying to testing and organizing anyway. for additional speakers to arrive on the lead us in the message of Dr. King; that Dr. King once said that we all have to de- floor, so I will reserve the balance of as long as anyone suffers, any of our cide whether we ‘‘will walk in the light of cre- my time. brothers and sisters are not able to ative altruism or the darkness of destructive Mr. CONYERS. How much time is have food on the table or a job, to look selfishness. Life’s most persistent and nagging left? into the bright future, to give a child a question, he said, is ‘what are you doing for The SPEAKER pro tempore. The gen- chance to be an astronaut or a presi- others?’ ’’ tleman from Texas has 17 minutes, and dent or a teacher, then Dr. King’s When Martin talked about the end of his 1 the gentleman from Michigan has 8 ⁄2 dream must continue. mortal life in one of his last sermons, on Feb- minutes. And as I have talked to Martin Lu- ruary 4, 1968, in the pulpit of Ebenezer Baptist 1 Mr. CONYERS. I yield 4 of those 8 ⁄2 ther King III and visited with the sister Church, even then he lifted up the value of minutes to the distinguished of Dr. King and the daughter of Dr. service as the hallmark of a full life. ‘‘I’d like gentlelady from Texas, SHEILA JACK- King, they agree that we are in this somebody to mention on that day Martin Lu- SON-LEE. fight together; that the Judiciary Com- ther King, Jr. tried to give his life serving oth- (Ms. JACKSON-LEE of Texas asked mittee has its role in this Congress to ers,’’ he said. ‘‘I want you to say on that day, and was given permission to revise and ensure that the rule of law is followed, that I did try in my life . . . to love and serve extend her remarks.) that we torture no more. humanity.’’ Ms. JACKSON-LEE of Texas. Madam Oh what a great day yesterday was Madam Speaker, during these difficult days Speaker, this is a moment to pause as and the day before, the commemora- when the United States is bogged down in a we speak on the floor of the House in tion of Dr. King’s birthday. But isn’t it misguided and mismanaged war in Iraq; ca- this enormously symbolic year, a very greater now that America stands one lamities on Wall Street—Main Street—and in special time to honor Dr. Martin Lu- and united, not off in the shopping cen- the American automobile industry; we should ther King. ters on his birthday, but now under- also remember that the Rev. Dr. Martin Luther I would like to thank my chairman, standing what it truly meant that King, Jr., who was above all, a person who JOHN CONYERS, for the role he has those who suffered and bled did not do was always willing to serve to help his fellow played, both in the fact that Dr. King so for themselves, but honestly did so, man. saw fit to endorse him in his first run so that all of my friends, from Texas This year thousands of Americans across for Congress out of the great city of and Georgia and New York and Mis- the country will celebrate the national holiday Detroit; he probably envisioned a man sissippi and Washington State, Michi- honoring the life and work of Martin Luther that would be a fighter for justice, and gan and Illinois, and the deep parts of King, Jr. by making the holiday ‘‘a day on, not he has not been disappointed. My col- Georgia and, yes, Texas could look at a day off.’’ leagues have just listened to JOHN each other as friends, brothers and sis- The King Day of Service is a way to trans- LEWIS, who remains the conscience of ters, even our sisters and brothers who form Dr. Martin Luther King, Jr.’s life and this Nation and of this Congress. Oh yet have not learned the English lan- teachings into community service that helps how he must have felt yesterday as he guage but they are striving to become solve social problems. That service may meet saw the continuum of a dream. a great part of this great Nation. So I a tangible need, such as fixing up a school or I stand here as a former staffer of the am celebrating this resolution that re- senior center, or it may meet a need of the Southern Christian Leadership Con- counts the history of Dr. King. spirit, such as building a sense of community

VerDate Nov 24 2008 00:20 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\A21JA7.015 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H398 CONGRESSIONAL RECORD — HOUSE January 21, 2009 or mutual responsibility. On this day, Ameri- volved in the Civil Rights program, but Barack Obama, our Nation’s first African- cans of every age and background celebrate we feel very strongly about it in our American President. Dr. King through service projects that: community. We have an excellent com- As we listened to President Obama’s inau- Strengthen Communities—Dr. King recog- munity in Grand Rapids, Michigan. In gural address we were all reminded of how far nized the power of service to strengthen com- particular, Mr. Walter Brame, who our Nation has come. This resolution is also a munities and achieve common goals. Through heads the Urban League in our area, reminder that without Dr. Martin Luther King, his words and example, Dr. King challenged has been a strong leader for years in Jr., there would be no President Obama. individuals to take action and lift up their providing equal opportunity for mi- Dr. King was a beacon of change on whose neighbors and communities through service. norities in the workplace, in schools shoulders we all stand. His leadership, cour- Empower Individuals—Dr. King believed and other places. age, and conviction helped pave the road for each individual possessed the power to lift Martin Luther King started some- all of us. himself or herself up no matter what his or her thing wonderful, which ended up being He understood government has a funda- circumstances—rich or poor, black or white, even more wonderful, and for that I am mental responsibility to meet the needs of all man or woman. Whether teaching literacy grateful to him. I am also grateful to Americans regardless of race or economic skills, helping an older adult surf the Web, or God for sending us the right man at the class. helping an individual build the skills they need right time to resolve a major national He gave people the faith and courage to to acquire a job, acts of service can help oth- crisis. work peacefully for change to stop racial dis- ers improve their own lives while doing so Mr. SMITH of Texas. Madam Speak- crimination, and promote equality and oppor- much for those who serve, as well. er, I would like to thank the gentleman tunity across America. Bridge Barriers—In his fight for civil rights, from Michigan for his heartfelt com- Most importantly, Dr. King called upon each Dr. King inspired Americans to think beyond ments. of us to truly commit ourselves to changing themselves, look past differences, and work I yield back the balance of my time. and working to bring about change for all toward equality. Serving side by side, commu- Mr. CONYERS. Madam Speaker, I Americans. nity service bridges barriers between people yield myself such time as I may con- President Obama reminded us of that call and teaches us that in the end, we are more sume. yesterday when he said that we each have a alike than we are different. The point that I would like to make responsibility to rebuild our country and get us These ideas of unity, purpose, and the great in closing on our side is that one of the out of this storm. Let us heed this call to ac- things that can happen when we work to- most important things that President tion and work hand-in-hand to help bring pros- gether toward a common goal—are just some Obama made to me was something I perity back. Together we can do it. Yes we of the many reasons we honor Dr. King had never heard a President say before, can! I urge my colleagues to support H. Res. through service on this special holiday. I urge and that was that he wanted all of the 73. my colleagues to join me in supporting this people that voted and that may or may Mr. CONYERS. I yield back the bal- legislation and the man who epitomized com- not have supported him to continue to ance of my time. munity service—Dr. Martin Luther King, Jr. advise him. Normally, Presidents get The SPEAKER pro tempore. The Just yesterday, January 20, 2009, this Na- elected and say, ‘‘Well, I am grateful to question is on the motion offered by tion witnessed a historic moment. We stood in my supporters,’’ and then remove to in- the gentleman from Michigan (Mr. awe and watched the inauguration of this Na- side the Beltway with the Cabinet and CONYERS) that the House suspend the tion’s first African American President. We the Capitol and the people in the three rules and agree to the resolution, H. have come a long way since Dr. King’s ‘‘I branches of government, and that’s it. Res. 73. Have a Dream’’ speech. Yesterday, we have He asked for continuing advice. Some The question was taken; and (two- seen another part of the ‘‘dream’’ fulfilled. I am said, he did not have to make that thirds being in the affirmative) the hopeful and expectant that America’s future statement because he was going to get rules were suspended and the resolu- will be bright, and that it will be even brighter that anyway, but others have said, tion was agreed to. under the helm and leadership of President ‘‘This is wonderful and this is great.’’ A motion to reconsider was laid on Barack Obama. President Obama has taught And I think it ties in with the people’s the table. us that yes we can! I am delighted to be living moment that undergirded the King f the dream. civil rights legacy; that is, that every- Mr. SMITH of Texas. Madam Speak- body has a continuing responsibility to HONORING THE CONTRIBUTIONS er, I yield 3 minutes to the gentleman perfect this democratic system of con- OF CATHOLIC SCHOOLS from Michigan, Congressman VERN stitutional government that we have. Mr. LOEBSACK. Madam Speaker, I EHLERS. It is so important that we all feel we move to suspend the rules and agree to Mr. EHLERS. I thank the gentleman have a role to play over and above vot- the resolution (H. Res. 39) honoring the for yielding. ing, and it is that King-like theory contributions of Catholic schools. It is a great honor to speak about that the President now publicly extols The Clerk read the title of the resolu- Martin Luther King. I don’t have a pre- that is so very important. And, I think, tion. pared statement because I was not we embark here in the second day of The text of the resolution is as fol- aware this resolution was coming up, this new administration on a new path lows: but over the years I have just been tre- that encourages citizen participation; I H. RES. 39 mendously impressed by him, by his think it brings us all here in govern- Whereas America’s Catholic schools are talent, by his ability, and particularly ment closer together, and I think that internationally acclaimed for their academic the way in which he handled himself it augers well for the challenges that excellence, but provide students more than a and his movement. And I use the term we all face here in the 111th Congress superior scholastic education; ‘‘his movement’’ advisedly, because he and a new President currently in his Whereas Catholic schools ensure a broad, became the leader of it, the right man, second day in office. values-added education emphasizing the life- at the right time. I am always amazed And so in this moment of remem- long development of moral, intellectual, physical, and social values in America’s at how the Lord seems to provide the bering Dr. King and his legacy, cele- young people; right leader at the right time for good brate his life and contributions, I am Whereas the total Catholic school student causes such as this. very pleased that this resolution is enrollment for the 2007–2008 academic year Monday morning, I went to the an- brought at this highly opportune mo- was nearly 2,300,000 and the student-teacher nual breakfast in Grand Rapids, Michi- ment. I thank the author of this legis- ratio was 14 to 1; gan where we honor Martin Luther lation. Whereas Catholic schools teach a diverse King. The room was filled with people Mr. BACA. Madam Speaker, I rise today to group of students; honoring him and just joyous about his voice my strong support for H. Res. 73, a res- Whereas more than 25 percent of school contributions to our Nation and its fu- children enrolled in Catholic schools are olution that promotes the observance of the from minority backgrounds, and over 14 per- ture. That evening, close to 3,000 people birthday, life and, legacy of Martin Luther King, cent are non-Catholics; joined in another celebration. You may Jr. Whereas Catholic schools produce students think this is a little surprising in the It is a historic time in our Nation’s Capital strongly dedicated to their faith, values, frozen North, which was not heavily in- with yesterday marking the swearing-in of families, and communities by providing an

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.012 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H399 intellectually stimulating environment rich teaching religious values and ethics cipline in the classroom. And I wish all in spiritual, character, and moral develop- while maintaining high academic of our schools in this Nation had this ment; standards. And after 100 years of exist- discipline and that attention on learn- Whereas the Catholic high school gradua- ence, Catholic schools remain very ing. tion rate is 99 percent, with 80 percent of graduates attending four-year colleges and 17 popular and respected institutions. According to the U.S. Conference of percent attending two-year colleges or tech- Last year, Catholic schools served Catholic Bishops, Catholic schools have nical schools; over 2 million students while maintain- a graduation rate of over 98 percent, Whereas in the 1972 pastoral message con- ing a 14 to 1 teacher-student ratio, giv- and about 97 percent of Catholic high cerning Catholic education, the National ing students the benefit of a small- school graduates go on to post-sec- Conference of Catholic Bishops stated: ‘‘Edu- classroom environment. Catholic ondary training at 4-year colleges, cation is one of the most important ways by schools also boast a diverse enroll- community colleges or technical which the Church fulfills its commitment to ment; 25 percent of its students nation- schools. This success can also be at- the dignity of the person and building of wide are from minority backgrounds community. Community is central to edu- tributed to the importance Catholic cation ministry, both as a necessary condi- and 14 percent are non-Catholics. The educators place on character and mor- tion and an ardently desired goal. The edu- schools provide unique experiences als. By making the development of cational efforts of the Church, therefore, where students can excel. Catholic high moral and social values an integral must be directed to forming persons-in-com- schools have a 99 percent graduation part of the curriculum, Catholic munity; for the education of the individual rate with 80 percent of their graduates schools are ensuring that their stu- Christian is important not only to his soli- advancing to 4-year colleges, while 17 dents are not only good academicians, tary destiny, but also the destinies of the percent pursue 2-year colleges. It’s but also good citizens. many communities in which he lives.’’; and clear that Catholic schools are encour- The theme for Catholic Schools Week Whereas January 25, 2009, to January 31, 2009, has been designated as Catholic Schools aging their students to pursue higher this year is ‘‘Catholic Schools Cele- Week by the National Catholic Educational education opportunities, and I applaud brate Service.’’ This theme highlights Association and the United States Con- them for their efforts. There are 7,500 the mission of Catholic schools to pro- ference of Catholic Bishops: Now, therefore, Catholic schools across this Nation. vide a faith-based education that sup- be it With modest tuition rates, Catholic ports the whole child academically and Resolved, That the House of Representa- schools are affordable for most working spiritually and impresses upon them tives— and middle-class families. As Congress the importance of civic engagement. (1) supports the goals of Catholic Schools Week, an event co-sponsored by the National salutes these religious educational in- Catholicism has a long and rich tradi- Catholic Educational Association and the stitutions, we reaffirm our commit- tion of direct service to those in need. United States Conference of Catholic ment to education, excellence and di- Catholic schools incorporate service Bishops and established to recognize the versity. projects into the curriculum, teaching vital contributions of America’s thousands Madam Speaker, I support the Catho- students the value of helping others as of Catholic elementary and secondary lic Schools Week, and I urge my col- an expression of faith and good citizen- schools; and leagues to support this resolution. ship. (2) congratulates Catholic schools, stu- I reserve the balance of my time. Catholic schools demonstrated an dents, parents, and teachers across the Na- Mr. EHLERS. It is with great pleas- enormous amount of character and tion for their ongoing contributions to edu- ure that I rise today in support of cation, and for the key role they play in pro- compassion in their response to the moting and ensuring a brighter, stronger fu- House Resolution 39 offered by a good devastating hurricanes that hit the ture for this Nation. friend of mine, the gentleman from Illi- gulf coast nearly 4 years ago. In the The SPEAKER pro tempore. Pursu- nois (Mr. LIPINSKI). This resolution in- wake of this national disaster, more ant to the rule, the gentleman from creases our awareness of Catholic edu- than 300,000 students were displaced cation while honoring the contribu- Iowa (Mr. LOEBSACK) and the gen- from their homes, schools and commu- tions of America’s Catholic schools. I tleman from Michigan (Mr. EHLERS) nities. Catholic schools opened their each will control 20 minutes. am also very pleased to be a cosponsor doors and hearts and welcomed these The Chair recognizes the gentleman of this resolution. I have a long back- students into their classrooms. They from Iowa. ground with education and religious provided these children with the oppor- schools. My father was a pastor, and GENERAL LEAVE tunity to continue their studies with- Mr. LOEBSACK. Madam Speaker, I our denomination has supported Chris- out stopping to consider how to cover request 5 legislative days during which tian day schools for a considerable the cost of that education. Instead, the Members may revise and extend and in- length of time and shares the approach Catholic schools knew their first pri- sert extraneous material on H. Res. 39 and the ideas of the Catholic schools. ority was to educate these children and Our schools were very effective in edu- into the RECORD. worry about the financing later on. The SPEAKER pro tempore. Is there cating students. Emphasis was on aca- I appreciate the great work being objection to the request of the gen- demics, but also on how that applied to done by Catholic schools, their admin- tleman from Iowa? the world today and what responsi- istrators and teachers as well as their There was no objection. bility we as students, and later adults, parents and volunteers. Catholic had to use our religious beliefs in the schools carry out their servant mission b 1300 benefit of our fellow human beings and by building the academic achievement, Mr. LOEBSACK. I yield myself as our Nation. Catholic schools have fol- character and values of their students. much time as I may consume. lowed in this tradition. Again, I commend the gentleman Madam Speaker, I rise today in sup- I am pleased that January 25 through from Illinois for introducing this reso- port of H. Res. 39, which recognizes the January 31, 2009, has been designated lution and urge my colleagues to sup- achievements of Catholic schools Catholic Schools Week, an annual tra- port it. across the Nation. I am pleased to dition in its 35th year, and jointly I reserve the balance of my time. honor these outstanding elementary, sponsored by the National Catholic Mr. LOEBSACK. Madam Speaker, secondary and higher learning institu- Education Association, as well as the I’m very pleased today to recognize a tions. I commend them for their com- United States Conference of Catholic good friend, the gentleman from the mitment to academic excellence and Bishops. With this resolution, we rec- Third District of Illinois, Mr. DAN LI- moral values. In doing so, I support ognize the vital role Catholic elemen- PINSKI, for 6 minutes. January 25 to January 31 as Catholic tary and secondary schools play in pro- Mr. LIPINSKI. Madam Speaker, I Schools Week. viding an education with high stand- would like to thank the gentleman In the late 19th century, Catholic ards of quality and excellence to the from Iowa for yielding. schools emerged as an alternative to nearly 2.3 million students enrolled in Today I rise in support of H. Res. 39, public schools and to traditional pri- Catholic schools across the country. honoring Catholic Schools Week and vate schools. As private institutions, One thing I have always admired recognizing the outstanding contribu- Catholic schools were able to design when I visit Catholic schools and speak tions that Catholic schools have made their own academic curriculum by to their students is the tremendous dis- to America.

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.014 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H400 CONGRESSIONAL RECORD — HOUSE January 21, 2009 As a product of St. Symphorosa dents in already overburdened public The resolution salutes the commit- Grammar School and St. Ignatius High schools. In fact, it is estimated that ment, professionalism and faith of the School and a strong supporter of taxpayers save over $1 billion from stu- teachers and administrators as well as Catholic education, I am proud to spon- dents attending Catholic schools in the the achievements in the classroom and sor this resolution again this year. And Chicago area and approximately $20 in the lives of the students. And we I would like to thank my colleague billion nationwide. This savings is cru- commend today the support of the from New Jersey (Mr. SMITH) for join- cial to American taxpayers, especially Catholic Church itself in making this ing me in working on this resolution. during these harsh economic times. educational opportunity possible. Since 1974, Catholic Schools Week Unfortunately, the current economic I would also like to thank Mr. LIPIN- has celebrated the positive impact that turmoil combined with much longer SKI for his leadership in bringing this Catholic schools have had on our coun- travails of middle class in our country resolution to the floor and ask that my try and recognize their outstanding have been hard on Catholic schools in colleagues join us in supporting its pas- contributions in providing a strong some areas. Just like me, my wife Judy sage. academic and moral education, as well attended Catholic schools for 12 years. Madam Speaker, Catholic education as teaching the importance of responsi- She went to St. Patrick’s Grade School has and continues to make a tremen- bility to one’s family and community. and Bishop McCort High School in dous impact in the lives of students, As we heard in President Obama’s in- Johnstown, Pennsylvania. Unfortu- families and communities across Amer- auguration address yesterday, respon- nately, less than 2 weeks ago it was an- ica and in my home State of New Jer- sibility is critical to our Nation’s suc- nounced that St. Patrick’s would be sey. Last year, more than 2.3 million cess, and responsibility requires service closing. This closing is a great loss not children were enrolled in over 7,000 to others. Very appropriately, the just to the students of St. Patrick’s, Catholic schools nationwide. The per- theme for next week’s Catholic Schools but the entire community of Moxham, formance of Catholic schools is impres- Week is ‘‘Catholic Schools Celebrate demonstrating just how important sive. More than 99 percent of its stu- dents graduate high school, and ap- Service.’’ President Obama rightfully Catholic schools are to the greater proximately 97 percent go on to col- sees public service as a way to unify community. the country, to bridge divisions and to I was born and raised and lived in the lege. The record clearly shows that stu- teach responsible citizenship. Chicago Archdiocese, which still has dents at Catholic schools receive a This is nothing new to America’s one of the most successful school sys- quality education with an integrated Catholic schools. They have always tems in the country. More than 98,000 focus on the transcendent importance taught the intrinsic value of service to students attend 256 schools. In my dis- of God, academic excellence, advance- ment beyond high school and funda- others. Nearly 95 percent of Catholic trict alone, there are seven Catholic mental morals. schools have a service program, and high schools and approximately 50 Next week, January 25 to 31, marks the average student completes approxi- grammar schools, including one of the the 36th annual celebration of Catholic mately 80 hours of public service. My best in my home parish of St. John of Schools Week. And this year’s theme is strong desire to serve was fostered by the Cross in Western Springs. to live the Gospel with an emphasis on my dedicated teachers at Catholic My experiences have taught me the service. Students are encouraged to schools. Nearly 95 percent of Catholic important spiritual, moral and intel- help others and generously give of schools have a service program, and lectual foundation that Catholic themselves expecting nothing whatso- the average student completes approxi- schools provide to students. Catholic ever in return. In the 25th chapter of mately 80 hours of public service. education has granted me the knowl- Matthew’s Gospel, Jesus admonished Today, almost 2.3 million elementary edge, discipline, desire to serve, and a believers to live a life of selfless service and secondary students are enrolled in love of learning that enabled me to to others and specifically asked that nearly 7,500 Catholic schools. These achieve my doctorate degree and be- we feed the hungry, give drink to the schools have more than 160,000 full- come a teacher before being elected to thirsty, clothe the naked, care for the time professional staff. Through indi- Congress. In recognizing Catholic sick and disabled, visit the prisoner vidual attention and quality education, Schools Week, we pay a special tribute and welcome the stranger. Identifying Catholic school students, on average, to dedicated teachers and administra- with the disenfranchised, the vulner- surpass other students in math, science tors who sacrifice so much, in most able and the weakest among us, our and reading in the three grade levels cases working for much less than they Lord said, and I quote, whatsoever you tested by the NAEP test. The gradua- could earn elsewhere. Many of my do to the least of My brethren, you do tion rate for Catholic high school stu- formative memories are of teachers unto Me. dents is 99 percent, and 97 percent of who taught me the values of faith and This year’s theme celebrates service, Catholic high school graduates go on to service. After 35 years, I can still fond- encourages students to embrace Mat- college or technical schools. These are ly remember Sister Diane, my Student thew 25 and make a positive difference truly remarkable statistics in a coun- Congress coach when I was in high in the lives of others. Many of Amer- try where we read all-too-many reports school, and from Sister Mildred in first ica’s poor and at risk will benefit from of deep problems in our educational grade to Sister Xavier in eighth grade the students’ benevolence. system and worrying declines in our at St. Symphorosa. Throughout the Catholic schools, Madam Speaker, student’s international competitive- United States, millions of others have are indeed an integral part of our Na- ness. similar memories of their dedicated tion’s fundamental commitment to Catholic schools are known for em- sisters, priests and lay teachers who education and serve a cross-section of bracing students from all walks of life gave their hearts and souls to touch American students. Catholic schools and are highly effective at providing the lives of their students. have a rich history of welcoming, serv- excellent educational opportunities for Madam Speaker, American Catholic ing and educating new immigrants. minority students and disadvantaged schools deserve our praise, our support With over 25 percent of Catholic school youth. Almost one in seven students of and our gratitude. I would like to enrollment from minority backgrounds Catholic schools is not Catholic. And thank everyone who has cosponsored and approximately 14 percent actually over the past 30 years, the percentage this resolution. And to share our praise being non-Catholics, it is evident that of minority students enrolled in Catho- and support for Catholic schools, I urge this extraordinary institution meets lic schools has more than doubled. And my colleagues to pass this resolution. the needs of a highly diverse group of the success of Catholic schools does not Mr. EHLERS. I am pleased to yield 4 young people. depend on selectivity, accepting nine minutes to the gentleman from New Finally, Madam Speaker, a 1972 pas- out of every 10 students who apply. Jersey (Mr. SMITH). toral message by the National Con- In addition to producing well-edu- Mr. SMITH of New Jersey. Madam ference of Catholic Bishops concerning cated students with a commitment to Speaker, I rise today in strong support Catholic education summed up the service, Catholic schools save Amer- of H. Res. 39, which recognizes and hon- unique and extraordinary vision of ican taxpayers billions of dollars every ors the exemplary contributions of Catholic education. They said in perti- year by lessening the number of stu- Catholic schools across our Nation. nent part, and I quote: Education is

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.020 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H401 one of the most important ways by from New Jersey, for their leadership continue to have these choices, par- which the church fulfills its commit- in bringing this resolution to the ticularly because of the excellent ment to the dignity of the person and House floor today. record that Catholic schools have in the building of community. Commu- As a graduate of Catholic elementary this country. nity is central to education ministry, and high schools, Sacred Heart Acad- Catholic education is a vital linchpin both as a necessary condition and an emy and Aquinas High School in Au- in America’s education system. Catho- ardently desired goal. The educational gusta, Georgia, I am keenly aware of lic educators, with their emphasis on efforts of the church, therefore, must the contributions that they provide to academic excellence, as well as the de- be directed to forming persons-in-com- the 2.3 million students educated in velopment of each student’s character munity; for the education of the indi- Catholic schools across the country and spiritual well-being play a vital vidual Christian is important not only every year. These include close to 1,200 role in cultivating the next generation to his or her solitary destiny, but also students at three Catholic schools in of leaders in the Nation. the destinies of the many communities my district: St. Catherine of Siena in There are two Catholic schools with to which he or she lives. Kennesaw, St. Joseph’s in my home- a strong reputation for education ex- b 1315 town of Marietta, and St. Mary’s in cellence in the Fourth Congressional Rome, Georgia. District of North Carolina: Bishop Again, I ask my colleagues to join me Not only do Catholic schools, like Sa- McGuinness Catholic High School and in supporting this important element cred Heart and Aquinas, provide a St. Leo the Great Catholic School. of faith-based education which serves strong and competitive academic envi- Bishop McGuinness Catholic High alongside America’s public and private ronment, they also teach moral and School was founded in 1959, and has schools to strengthen and reinforce our ethical standards, skills for living and been recognized by the Catholic High educational system. self-esteem, discipline and respect for School Honor Roll as one of the top 50 Mr. LOEBSACK. Madam Speaker, I authority, and a Christian integration Catholic high schools in the United am pleased to recognize the gentleman of spirit, mind and body in each of States. This coed college prep high from Michigan (Mr. STUPAK) for 3 min- their students. school is located in Kernersville, North utes. Upon graduating from Aquinas, I Carolina, in the heart of the Triad. Mr. STUPAK. Madam Speaker, I rise thought that the Catholic school cur- St Leo’s is a K–8 Catholic school lo- in support of House Resolution 39, hon- riculum would be what best prepared cated in Winston-Salem, North Caro- oring Catholic Schools Week. Since the me for my future. However, I must lina, built in 1953. St. Leo’s is the old- beginning of our Nation’s history, admit that I was wrong about that. est Catholic school in Winston-Salem, Catholic schools have played an impor- While the strenuous academics at Sa- and has a reputation for educating stu- tant role in American education. cred Heart and Aquinas did lay the dents who are not only academic Catholic schools have an excellent rep- foundation for my success at both achievers but also people of sterling utation for providing a strong aca- Georgia Tech and The Medical College character. demic and moral education, as well as of Georgia, it was the faith and ethical It is an honor to represent these two teaching social responsibility. fine schools in Congress, and I look for- The Catholic schools in my district standards taught at these schools that ward to seeing the lives they change in work hard to create an environment truly prepared me for any of life’s the coming years through their empha- where academic excellence and value- struggles. Madam Speaker, while opening and sis on high quality Catholic education. driven pride can be fostered and em- running my medical practice, the re- It is a pleasure to join my colleagues braced. My wife Laurie and I and our two spect for life taught at Sacred Heart here today in congratulating Catholic sons, Ken and B.J., attended Catholic and Aquinas led me to value and care schools, students, parents and teachers schools in northern Michigan, and real- for life at all stages, indeed from the across the Nation for their ongoing ize the benefits of the Catholic edu- moment of conception until natural contributions to education and for the cation system. death. Now that I have left my medical key role they play in promoting and This week, let us pause, reflect and career to serve as a Member of Con- ensuring a brighter, stronger future for congratulate the administrators, fac- gress, I find the lessons learned from this Nation. ulty, staff, students, and parents as we my days at Catholic schools more valu- Mr. LOEBSACK. Madam Speaker, I celebrate the dedicated tradition of able now than ever. On a daily basis, I continue to reserve the balance of my promoting education through our am confronted by difficult questions time. Catholic faith. that affect millions of lives. If it were Mr. EHLERS. Madam Speaker, I The long rich history of Catholic edu- not for the moral standards and faith thank you for your competent and pro- cation would not be possible without in God taught at Sacred Heart and fessional manner in presiding today, the financial commitment of those who Aquinas, I do not believe I could prop- and I yield myself the balance of my make up our local parishes and dio- erly represent the people of northwest time in wrapping this discussion up. ceses across our Nation. Georgia. I am very pleased to participate in H. Res. 39 acknowledges the hard Madam Speaker, our education sys- this discussion today because I believe work and dedication that Catholic tem is only made stronger by Catholic that Catholic schools and religious schools have contributed to building schools in northwest Georgia and schools play an extremely important our local communities and our Nation. throughout the Nation which fully pre- part in our American educational sys- I am proud to cosponsor House Reso- pare their students for a brighter fu- tem. lution 39, and support the many Catho- ture. I often deplore the fact that the lic schools in my district and across I urge all of my colleagues to support Catholic schools and other religious our Nation. I urge all of my colleagues H. Res. 39. schools, Christian and otherwise, do to support this resolution. Mr. LOEBSACK. Madam Speaker, I not get a fair shake in this Nation as Mr. EHLERS. Madam Speaker, I am reserve the balance of my time. compared to many other nations. I pleased to yield 3 minutes to the gen- Mr. EHLERS. Madam Speaker, I am know when I lived in Europe for a year tleman from Georgia (Mr. GINGREY). pleased to yield 2 minutes to the gen- you could designate on your income Mr. GINGREY of Georgia. Madam tlewoman from North Carolina (Ms. tax how much you wanted to be dele- Speaker, I thank the gentleman for FOXX). gated to schools of your choice, and yielding, and I rise in strong support of Ms. FOXX. Madam Speaker, while in they could be private schools, public H. Res. 39, to honor the contributions my district in North Carolina we are schools, religious schools, what have of Catholic schools across the country, blessed with excellent public schools, you. That struck me as an eminently and in honor of National Catholic many districts across the country are fair system. I don’t expect we will ever Schools Week from January 25 through not as fortunate. Some places, though, have that in this country, but I do re- January 31. are fortunate to have the choice of hav- gret, given the excellent work that the I want to thank my colleagues, Mr. ing charter schools and Catholic Catholic schools do, and that other LIPINSKI from Illinois and Mr. SMITH schools. It is important that citizens Christian and religious schools do in

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.055 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H402 CONGRESSIONAL RECORD — HOUSE January 21, 2009 educating students who are troubled, mitted to a living and vibrant faith community I yield back the balance of my time. that we do not call upon these schools founded on the Catholic tradition of academic The SPEAKER pro tempore. The more often to help educate more of the excellence and thank them for enriching the question is on the motion offered by children of this Nation. lives of the children they teach spiritually, aca- the gentleman from Iowa (Mr. I recall years ago when I joined some demically and socially. LOEBSACK) that the House suspend the others in helping to raise money for I strongly support the goals of Catholic rules and agree to the resolution, H. scholarships for children who were Schools Week 2009 and laud their efforts to Res. 39. troubled in their public schools, and educate students dedicated to their faith, fami- The question was taken; and (two- who had great difficulties with their lies, and values. thirds being in the affirmative) the fellow students, and were getting into Mr. BACA. Madam Speaker, I rise today to rules were suspended and the resolu- fights. We raised scholarship money so voice my strong support for H. Res. 39, a res- tion was agreed to. they could attend the Christian olution honoring the contributions of Catholic A motion to reconsider was laid on schools. Then a remarkable trans- schools. the table. formation occurred. Many of them be- I thank my colleague from Illinois, Rep- f came far better students and graduated resentative LIPINSKI, for sponsoring this impor- NATIONAL SCHOOL COUNSELING and went on to good careers. I am con- tant resolution. WEEK vinced we can multiply this effort Catholic schools are a true treasure—not many times over, and I hope that the just in my district in the Inland Empire of Cali- Mr. LOEBSACK. Madam Speaker, I move to suspend the rules and agree to people of this country continue to con- fornia—but throughout the United States of the resolution (H. Res. 56) expressing tribute to these schools. America. support for designation of the week of I was sorry to hear Mr. LIPINSKI say Teachers and administrators in America’s that the school that his wife attended Catholic schools work tirelessly to educate February 2 through February 6, 2009, as is closing. That is a story that we are students of all backgrounds, in communities ‘‘National School Counseling Week’’. The Clerk read the title of the resolu- hearing far too often across this land. across the Nation—including some of our tion. We are losing something very impor- most impoverished neighborhoods. They do a tremendous job of teaching and The text of the resolution is as tant when we have schools this good, follows: with the superb records that we heard imparting critical values, while often working H. RES. 56 outlined by several speakers here, that under the most difficult school funding cir- they are closing while at the same time cumstances. Whereas the American School Counselor Association has declared the week of Feb- the students who would go there are In a time when the No Child Left Behind Act has failed too many of America’s best and ruary 2 through February 6, 2009, as ‘‘Na- going to other schools which are not tional School Counseling Week’’; serving them as well. brightest—the vast majority of Catholic school Whereas the House of Representatives has So I just want to do a little editorial- students not only graduate from high school, recognized the importance of school coun- izing here because I do think that the but also go on to college. seling through the inclusion of elementary Catholic schools, and many other I commend the men and women who make and secondary school counseling programs in schools in this country, do so much for America’s Catholic schools a reality and thank the last reauthorization of the Elementary our Nation, and yet do not receive the them for the commitment and faith they place and Secondary Education Act of 1965; in the well being of their students. Whereas school counselors have long advo- recognition and certainly do not re- cated that the education system of the ceive any financial support from either I urge my colleagues to honor the positive impact of Catholic schools on the children of United States must leave no child behind Federal or State governments. I think and must provide opportunities for all stu- it is our loss if they close and are no the United States, and support H. Res. 39. dents; longer able to help the students that Mrs. BACHMANN. Madam Speaker, I rise Whereas school counselors have long em- they do help so well. today in support of H. Res. 39 to honor the phasized the importance of personal and so- Mr. AKIN. Madam Speaker, I rise today in immense influences and contributions that cial development in academic achievement; recognition of Catholic Schools Week. Catholic schools have made on their students Whereas school counselors help develop Next week, the Nation’s nearly 8,000 Catho- and their surrounding communities. For cen- well-rounded students by guiding them through their academic, personal, social, and lic schools will celebrate Catholic Schools turies, Catholic schools have provided families with a strong alternative to the public school career development; Week. Catholic schools have made many sig- Whereas school counselors play a vital role nificant contributions to the education of our system, offering a vital faith component that in ensuring that students are aware of finan- Nation’s children. enhances a child’s overall education sadly un- cial aid and college opportunities; In the Greater St. Louis region, Catholic welcome in the halls of our local public Whereas school counselors may encourage schools have had a longstanding and proud schools. students to pursue challenging academic tradition in the Archdiocese of St. Louis. The A Catholic education prepares our Nation’s courses to prepare them for college majors percentage of Catholic families who choose youth to lead lives of commitment to the mes- and careers in the science, technology, engi- Catholic schools for their children is among sage of Jesus Christ while at the same time neering, and mathematics fields; fostering an environment for academic suc- Whereas school counselors provide support the highest in the country. Currently, there are for students whose family members have about 51,000 students enrolled in our Catholic cess. It continuously challenges its students to been deployed to conflicts overseas; elementary and high schools. a life-long pursuit of intellectual growth both in Whereas school counselors help students Catholic schools foster an atmosphere of and outside the classroom while also stressing cope with serious and common challenges of mutual respect. Students learn to value God, the need to take an active role in the better- growing up, including peer pressure, mental themselves, and others. As Pope Benedict ment of their neighborhood and community. health issues, school violence, disciplinary XVI noted in his remarks at Catholic University But most importantly, Madam Speaker, Catho- problems, and problems in the home; during his Apostolic Visit to the U.S. last lic schools instill in their student body the pre- Whereas school counselors are also instru- spring, ‘‘Education is integral to the mission of cious ideal of setting one’s heart upon things mental in helping students, teachers, and the Church to proclaim the Good News. First parents deal with personal trauma and com- above, not merely on goods on earth—a much munity and national tragedies; and foremost every Catholic educational insti- needed lesson in a society that is quick to get Whereas school counselors are among the tution is a place to encounter the living God caught up in the latest gadget and the never- few professionals in a school building that who in Jesus Christ reveals his transforming ending chase for dollars. are trained in both education and mental love and truth. This relationship elicits a desire Madam Speaker, I stand today to humbly health; to grow in the knowledge and understanding honor the contributions Catholic schools make Whereas, despite the important contribu- of Christ and his teaching. In this way those to the betterment of our society, and pray for tions of school counselors to student success, who meet him are drawn by the very power of their continued success. counseling positions are not always pro- the Gospel to lead a new life characterized by Mr. EHLERS. Madam Speaker, I tected when budgets are cut, especially in all that is beautiful, good, and true; a life of yield back the balance of my time. tough economic times; Mr. LOEBSACK. Madam Speaker, I Whereas the average student-to-counselor Christian witness nurtured and strengthened ratio in America’s public schools, 475 to 1, is within the community of our Lord’s disciples, want to thank speakers on both sides almost double the 250 to 1 ratio rec- the Church.’’ of the aisle for supporting this resolu- ommended by the American School Coun- Today I would like to recognize and com- tion, it is a wonderful resolution, and I selor Association, the American Counseling mend our Catholic educators who are com- urge its passage. Association, and other organizations;

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.023 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H403 Whereas the celebration of ‘‘National National data prove that school of the efforts they put forth daily to School Counseling Week’’ would increase counselors improve teacher quality, ensure that no child is left behind. awareness of the important and necessary bolster student achievement, and lower I have a personal interest in this as- role school counselors play in the lives of dropout rates. Despite limited re- pect of counseling. As many here know, students in the United States; and I have spent a good deal of my time Whereas the week of February 2 through sources, counselors work to enhance February 6, 2009, would be an appropriate educational opportunities for our trying to improve elementary and sec- week to designate as ‘‘National School Coun- youth. They inspire students to reach ondary school math and science edu- seling Week’’: Now, therefore, be it for the stars while working through cation because that is going to be cru- Resolved, That the United States House of their academic and social obstacles. cial for the jobs of the future. And if Representatives— the students do not take math and (1) honors and recognizes the contributions b 1330 science, they are not likely to get good of school counselors to the success of stu- They may not get a lot of credit, but and meaningful jobs in the future. dents in our Nation’s elementary and sec- quality school counselors dramatically School counselors can make a huge dif- ondary schools; and improve students’ and teachers’ lives. (2) encourages the people of the United ference by making students aware of States to observe ‘‘National School Coun- I thank the American School Coun- the need for those subjects in their fu- seling Week’’ with appropriate ceremonies selor Association and the National ture workplace, but, secondly, to as- and activities that promote awareness of the Education Association for supporting sure them that, regardless of the rep- crucial role school counselors play in pre- this resolution. National School Coun- utation of these courses as being paring students for fulfilling lives as contrib- seling Week reminds us of the crucial tough, the students can make it uting members of society. role school counselors play in students’ through and they can improve their The SPEAKER pro tempore. Pursu- lives. learning. ant to the rule, the gentleman from Madam Speaker, again, I support this I wish to close by expressing my sin- Iowa (Mr. LOEBSACK) and the gen- resolution, and I urge my colleagues to cere gratitude to all school counselors, tleman from Michigan (Mr. EHLERS) support this bill as well. not only from my State of Michigan, each will control 20 minutes. I reserve the balance of my time. but from across this great Nation. The Chair recognizes the gentleman Mr. EHLERS. Madam Speaker, I Again, I thank the Representative from Iowa. yield myself such time as I may con- from California, Ms. SA´ NCHEZ, for her GENERAL LEAVE sume. work bringing this resolution forth Mr. LOEBSACK. Madam Speaker, I I rise today in support of House Reso- today. And I also want to thank Chair- request 5 legislative days during which lution 56 offered by the Representative man GEORGE MILLER’s and senior Re- Members may revise and extend their from California, Ms. LINDA SA´ NCHEZ, publican BUCK MCKEON’s staff, espe- remarks and insert extraneous mate- and I am very pleased to join her as the cially Chad Miller, for their input and rial on H. Res. 56 into the RECORD. lead Republican cosponsor of this im- assistance in bringing this resolution The SPEAKER pro tempore. Is there portant resolution. to the floor in a timely manner. objection to the request of the gen- National School Counseling Week is I urge my colleagues to support tleman from Iowa? celebrated annually the first full week school counselors and this resolution. There was no objection. Madam Speaker, I reserve the bal- Mr. LOEBSACK. Madam Speaker, I of February to help focus public atten- tion on the unique contribution of pro- ance of my time. yield myself such time as I may con- Mr. LOEBSACK. Madam Speaker, I fessional school counselors. School sume. am pleased to recognize the gentle- counselors are employed in school dis- Madam Speaker, I rise today in sup- woman from the 39th District of Cali- tricts in public and private schools of port of H. Res. 56 which honors and rec- fornia (Ms. LINDA T. SA´ NCHEZ) for 3 all levels across America to help stu- ognizes the contributions of school minutes. counselors in our Nation’s education dents reach their full potential. They Ms. LINDA T. SA´ NCHEZ of Cali- system. are actively committed to helping stu- fornia. I thank the gentleman. Nearly 100,000 people serve as school dents explore their abilities, strengths, Madam Speaker, I rise in strong sup- counselors, and I am grateful for their interests and talents as these traits re- port of House Resolution 56 and sup- commitment to our Nation’s youth. I late to academic success and career port the goals of National School Coun- support February 2 through February 6 awareness and development. seling Week. as National School Counseling Week. School counselors serve as a vital re- I want to thank Chairman GEORGE School counselors work tirelessly to source for parents by helping them MILLER and Ranking Member BUCK ensure every child has the opportunity focus on ways to further the edu- MCKEON, as well as Representative for personal and educational growth. cational, personal and social growth of VERNON EHLERS, for their support of They provide essential academic, col- their children. They work with teach- this very important resolution. lege prep, career, and emotional sup- ers and other educators to help stu- This resolution aims to highlight the port for students. But in many situa- dents explore their potential and set very important work that school coun- tions, school counselors are over- realistic goals for themselves. They selors do in our schools every single looked, overworked, making it nearly often seek to identify and utilize com- day. The best counselors inspire young impossible to give every child the time munity resources that can enhance and people to dream big. They help young and attention they deserve to meet complement comprehensive school people get on the road to accomplish their national potential. counseling programs that help students their dreams. And, when necessary, Nationally, the current student to become productive members of society. they enlist the support of parents, counselor ratio is 475 to 1, while the These comprehensive developmental teachers, mentors, tutors, and anyone American School Counselors Associa- school counseling programs are consid- else that it takes in order to keep our tion recommends at most a 250-to-1 ered an integral part of the educational children moving along that path to ac- student to school counselor ratio. process which enables all students to complishment. Today, not only are children drop- achieve. As I know from visiting schools in ping out of high schools at alarming National School Counseling Week my district, counselors—though there rates, but anywhere from 10 to 15 per- highlights the impact that counselors are far too few of them—play a critical cent of students report feeling de- can have in helping students achieve role in student success. Unlike teach- pressed. From dealing with death to academic success and plan for a career. ers, who often only get to know stu- addressing learning disabilities, school It is particularly important that school dents one semester or year at a time, counselors provide emotional support counselors encourage students to pur- counselors follow students throughout for students, but the need for addi- sue challenging academic courses to their many years at an elementary, tional school counselors has never been prepare them for college majors and middle or high school. more pressing. Though I am honored to careers in science, technology, engi- They are adept at spotting long-term recognize and celebrate School Coun- neering and mathematics. This year’s trends in student progress or behavior selors Week, our country still needs theme, ‘‘School Counselors: Making a and arranging the appropriate inter- more school counselors. Difference,’’ truly sums up the results vention or enrichment. They assist

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.003 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H404 CONGRESSIONAL RECORD — HOUSE January 21, 2009 teachers in developing instructional that matter a teacher—can have in ad- As we celebrate School Counseling and behavioral programs tailored to vising students on what to do with Week, we should thank our school meet the individual and unique needs their lives. As it so happens, after one counselors for their work to prepare of a particular student. year as a mechanical engineering stu- our next generation for success. We I want to recognize all the dedicated dent, my physics professor persuaded should also acknowledge our national counselors from my district who ac- me to be a physicist instead, but never- failure to provide adequate counseling complish amazing things every day theless, the point is still made: Coun- for our students. Most of all, we should that they go to work. Lisa Torres from seling is crucial, and counseling must also pledge to do something about it. Cleveland Elementary and Brian be done and must be done well and pro- I urge all my colleagues on both sides Kamper of Artesia High School are just fessionally if we’re going to provide a of the aisle to support House Resolu- two of the many exceptional counselors good service for the students of this tion 56, supporting National School that I have heard of. Lisa and Brian Nation. And because of that, I am Counseling Week. help their students to believe in them- pleased to be a principal cosponsor of Mr. LOEBSACK. Madam Speaker, I selves and achieve their goals, and this resolution, and I urge its adoption. just want to thank Mr. EHLERS from their reputations are well known. Par- Madam Speaker, I yield back the bal- Michigan and all the other speakers on ents are rightly proud of these coun- ance of my time. this particular resolution. It’s a won- selors and secure in the knowledge that Mr. LOEBSACK. Madam Speaker, I derful resolution. As someone who has Lisa and Brian are looking out for am very, very pleased to recognize ‘‘mi introduced legislation designed to call their children’s academic achievement amigo’’ from Texas, the gentleman for more resources to support exactly as well as their emotional well-being. I from the 15th District of Texas, who what we’re talking about here, I am want to applaud the work of all those also, of course, serves as the Chair of very happy to support this resolution like Lisa and Brian, who are an inte- the House Education and Labor Com- and call on my colleagues to do the gral part of the education team. mittee Subcommittee on Higher Edu- same. ´ I also hope that this year, as Con- cation, Mr. RUBEN HINOJOSA, for 3 min- Ms. JACKSON-LEE of Texas. Madam gress continues to address No Child utes. Speaker, I rise today in strong support of H. Left Behind and the role of our Federal Mr. HINOJOSA. Madam Speaker, I Res. 56, ‘‘Expressing support for designation Government in our local schools, that rise in strong support of House Resolu- of the week of February 2 through February 6, tion 56, expressing support for National we can find a way to encourage schools 2009, as ‘National School Counseling Week.’ ’’ School Counseling Week. to invest in counseling. The nationwide I would like to thank my colleague Congress- I thank Congresswoman LINDA average student-to-counselor ratio of woman LINDA SA´NCHEZ for highlighting such SA´ NCHEZ of California and Congress- 475-to-1 is simply inadequate to provide essential education staff with this important man VERN EHLERS of Michigan as well students, teachers, and parents with resolution. as Congressman DAVID LOEBSACK for This resolution brings public attention to the the counseling services that they need. bringing this important resolution to Just think of all the students who Congress. unique contribution of professional school are considering dropping out who need Madam Speaker, effective school counselors within our Nation’s school systems. extra help from a literacy coach or who counseling programs are critical to National School Counseling Week highlights don’t think that they can pay for col- boosting academic achievement and the tremendous impact school counselors can lege who could be reached if we simply eliminating achievement gaps in our have in helping students achieve school suc- had the counselors in those schools Nation’s schools. School counselors cess and plan for a career. dedicated to those students. work with the whole child, providing It recognizes that school counselors help I urge my colleagues to support this guidance and support for their aca- develop well-rounded students by guiding resolution. demic, personal, social and career de- them through their academic, personal, social, Mr. EHLERS. Madam Speaker, I velopment. And they can advise par- and career development. They play a vital role yield myself such time as I may con- ents to invest in Children’s Early Read- in ensuring that students are aware of finan- sume. ing Plus Writing Equals Success in cial aid and college opportunities as well as Let me conclude by giving a personal Education programs. RIF is a good ex- encouraging students to pursue challenging example of why counseling is so impor- ample of reading literacy, and it is academic courses to prepare them for college tant, even though I was not counseled being used in my congressional district majors and careers in the science, technology, by a school counselor, but my example with great support from our school engineering, and mathematics fields. illustrates the importance. counselors. School counselors provide support for stu- When I was a senior in high school, I For many first generation college dents whose family members have been de- had no idea what I was going to do with students, the school counselor is their ployed to conflicts overseas and help students my life and my career. I didn’t even in- lifeline to information about preparing cope with serious and common challenges of tend to go to college; fortunately, my for, applying to, and paying for college. growing up, including peer pressure, mental father persuaded me to do that. But I In many schools, the counselors office health issues, school violence, disciplinary had no idea what I wanted to do. That is the safe haven where students can problems, and problems in the home. summer I was driving a truck. I ended turn for help with challenges at home School counselors are among the few pro- up sitting in a diner next to another or at school. fessionals in a school building that are trained person. We began speaking, and he told Our best counselors see themselves as in both education and mental health. Despite me that he was a mechanical engineer student advocates. Unfortunately, the important contributions of school coun- at Ford Motor Company. He talked to school counselors are not always treat- selors to student success, counseling posi- me about what he did, and it sounded ed as mission-critical faculty or staff tions are not always protected when budgets really interesting and it sounded like in our schools; they’re often the first are cut, especially in tough economic times. fun. So when I got to college, I went to be downsized in economic hard The average student-to-counselor ratio in through the registration line and at times. We can already see what’s hap- America’s public schools, 475 to 1, is almost one point someone said, what is your pening as local schools are forced to double the 250 to 1 ratio recommended by the major? I said, I don’t know, I have no cut staff to make up for school budget American School Counselor Association, the idea. They said, well, you have to de- shortfalls. American Counseling Association, and other clare a major. I said, well, I’m not sure. The American School Counselor As- organizations. So they said, well, you have to pick sociation recommends a student-to- As chair of the Congressional Children’s something. I said, okay, I’m going to counselor ratio of 250 to 1. Today, the Caucus, I understand how important school be a mechanical engineer. And I found national average is 475 to 1. In my own counselors are for our youth. Madam Speaker, it amazing that based on a 10-minute home State of Texas, the ratio is 437 to today many youth face temptations that often conversation with a total stranger I de- 1. And across the Nation, only four lead them down destructive paths and it is vi- cided what the rest of my life was States meet the target ratio. Some tally important that we provide guidance that going to be like. States have ratios in the range of 1,000 helps them make good decisions. That illustrates the important im- students per counselor, and we must do Why do we need to highlight the work of pact that a school counselor—or for better than that. school counselors?

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K21JA7.031 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H405 There are 35.2 million young people ages Whereas the Gators’ victory over Okla- Bernard Machen and head coach Urban 10–18 in the U.S. today; of those young peo- homa was the third football national title Meyer for appropriate display. ple: 1 out of 4 lives with only one parent; 1 out for the University of Florida and the second The SPEAKER pro tempore. Pursu- in the past three seasons, the others being ant to the rule, the gentleman from of 10 was born to teen parents; 1 out of 5 won in 1996 and 2007; lives in poverty; 1 out of 10 will not finish high Whereas the Gators are the fourth school Iowa (Mr. LOEBSACK) and the gen- school. in the modern era to win two outright na- tleman from Michigan (Mr. EHLERS) Madam Speaker, a school counselor is tional titles in three years; each will control 20 minutes. sometimes the only person to whom our Whereas the Gators improved their BCS Mr. EHLERS. Madam Speaker, I ask young people can go for advice and guidance. Championship game record to 2–0; unanimous consent that Mr. STEARNS Imagine how many young lives could be posi- Whereas Florida made its 18th-straight from Florida control the time on this tively impacted if we increased the number of bowl appearance to extend their current resolution. school record, the longest active streak by a school counselors and remembered their im- Southeastern Conference (SEC) team rep- The SPEAKER pro tempore. Is there portant role when budgets are cut. resenting the second-longest in the Nation; objection to the request of the gen- School counselors can help give those Whereas the Gators finished the 2008 sea- tleman from Michigan? youth living in poverty to strive towards a son with a 13–1 record, matching the single- There was no objection. brighter future for themselves. Every child season school record for wins (also 13–1 in The SPEAKER pro tempore. The could benefit from having someone in his or 2006); Chair recognizes the gentleman from her life to turn to for advice and help in the Whereas the Gators become the second Iowa. team in the 11-year history of the BCS to win time of need. two titles; GENERAL LEAVE The positive relationships and reinforcement Whereas the Gators’ victory is the fifth Mr. LOEBSACK. Madam Speaker, I that school counselors provide is clearly effec- BCS championship for the SEC; request 5 legislative days during which tive. Young people today are confronted with Whereas head coach Urban Meyer became Members may revise and extend and in- many challenges in life. They can find the con- only the fifth coach since 1936 to win two na- sert extraneous material on H. Res. 58 fidence to overcome many of these challenges tional championships in his first four sea- into the RECORD. through quality counseling. sons at a school; The SPEAKER pro tempore. Is there I urge my colleagues to join me in sup- Whereas Coach Meyer becomes the fifth ac- tive Division I coach with multiple national objection to the request of the gen- porting this legislation. titles; tleman from Iowa? Mr. LOEBSACK. Madam Speaker, I Whereas Coach Meyer became the 14th There was no objection. yield back the balance of my time. youngest head coach to win a pair of na- Mr. LOEBSACK. Madam Speaker, I The SPEAKER pro tempore. The tional titles since 1950; rise today to congratulate the Univer- question is on the motion offered by Whereas the Gators’ quarterback Tim sity of Florida football team for their the gentleman from Iowa (Mr. Tebow was named the game’s Most Valuable victory in the 2009 NCAA FedEx BCS Player, with 340 yards of total offense, the LOEBSACK) that the House suspend the National Championship game. rules and agree to the resolution, H. third-best pass-rush total in a BCS Cham- pionship game; On January 8, football fans all across Res. 56. Whereas Tim Tebow showed why he is one the country were treated to an excep- The question was taken. of the most versatile quarterbacks in college tional game as the University of Flor- The SPEAKER pro tempore. In the football history by completing 18 of 30 passes ida Gators defeated the University of opinion of the Chair, two-thirds being for 231 yards and 2 touchdowns and rushing Oklahoma Sooners and clinched their in the affirmative, the ayes have it. for 109 yards, the third highest ground total third national title. Mr. LOEBSACK. Madam Speaker, I by a quarterback in a BCS title game; Defeating a tough Oklahoma Sooners Whereas Tim Tebow became only the 5th object to the vote on the ground that a team by a score of 24–14, the Florida quorum is not present and make the player since 1950 to win two national titles and a Heisman Trophy; Gators became the fourth straight sec- point of order that a quorum is not Whereas Percy Harvin, after returning ond-ranked team to defeat the number present. from an ankle injury, ran nine times for 122 one team in the Nation in the BCS Na- The SPEAKER pro tempore. Pursu- yards and a touchdown, marking the third- tional Championship. ant to clause 8 of rule XX and the best rushing total in a BCS Championship The University of Florida serves as a Chair’s prior announcement, further game, caught five passes for 49 yards, and premier academic institution, and is proceedings on this motion will be proved once again to be the fastest player on the field; now emerging as an athletic power- postponed. house. The school has fielded 22 na- The point of no quorum is considered Whereas Tebow and Harvin became the first set of teammates to each rush for 100 tional championship teams, with the withdrawn. yards or more in the same BCS National last four coming from the men’s foot- f Championship game; ball and basketball teams. COMMENDING UNIVERSITY OF Whereas the Gators’ defense shut down the This year’s football team finished the highest-scoring team in modern football his- season with a 13–1 record, matching the FLORIDA GATORS FOR WINNING tory and held Oklahoma to only 14 points BOWL CHAMPIONSHIP SERIES single season school record for wins. and 363 total yards, 40 points and 199 yards The outstanding players and coaches NATIONAL CHAMPIONSHIP GAME below the Sooners’ season average; Whereas Florida’s defense held Sooner produced a great season, winning nu- Mr. LOEBSACK. Madam Speaker, I merous awards and praise throughout move to suspend the rules and agree to quarterback and Heisman Trophy winner Sam Bradford to 256 passing yards, his third- the country. the resolution (H. Res. 58) commending lowest of the season and his first two-inter- I would also like to congratulate Tim the University of Florida Gators for ception game since October 11, 2008; Tebow, the game’s most valuable play- winning the Bowl Championship Series Whereas the Gators’ players and coaches er. He threw for 231 yards and two National Championship Game. football team represent the University of touchdowns while rushing for 109 yards. The Clerk read the title of the resolu- Florida and the State of Florida with honor His 340 yards of total offense was the tion. and integrity; and Whereas residents of Florida and Gator third best pass-rush total in BCS The text of the resolution is as fol- Championship history. He won the lows: fans worldwide are to be commended for their longstanding support, perseverance, Heisman Trophy Award last year, and H. RES. 58 and pride in the team: Now, therefore, be it is a leader for his team. Whereas, on January 8, 2009, the University Resolved, That the House of Representa- And congratulations to Percy of Florida Gators defeated the Oklahoma tives— Harvin, one of the most electric and Sooners 24–14 in the Bowl Championship Se- (1) commends the University of Florida skilled athletes in America. Harvin ries National Championship Game in Miami, Gators for winning the Bowl Championship Florida; Series National Championship; rushed for 122 yards and caught five Whereas the Gators have become one of the (2) recognizes the achievements of the passes for 49 yards. premier athletic and academic institutions players, coaches, students, and support staff b 1345 in the country; who were instrumental in the victory; and Whereas this BCS National Championship (3) directs the Clerk of the House of Rep- This was quite a feat after returning is the University of Florida’s 22nd national resentatives to transmit a copy of this reso- to play from a devastating ankle injury championship in all sports; lution to University of Florida President J. last month.

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.022 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H406 CONGRESSIONAL RECORD — HOUSE January 21, 2009 Averaging 50 points per game, Flor- and 199 yards below their season aver- complishments and for representing ida’s defense held the University of age. Furthermore, my colleagues, Flor- the University of Florida and the State Oklahoma’s offense to just 14 points. ida’s defense held the Sooner quarter- of Florida with honor and integrity. The hard work of the outstanding de- back, and this is the same quarterback It’s been a continuous honor to rep- fense and coaching staff clearly paid that was the Heisman Trophy winner, resent this fine university in the off. Sam Bradford, to the third lowest num- United States House of Representa- And, finally, I want to extend my ber of passing yards of the season and tives. congratulations to Head Coach Urban his first two-interception game since I would like to conclude by com- Meyer. In only 4 years with the team, October. mending the University of Florida for he has brought incredible success. On offense, as mentioned, Florida being one of the premier athletic and Meyer became the fifth coach since quarterback Tim Tebow showed why he academic institutions in the country 1936 to win two National Champion- is the best dual threat quarterback in and to thank all the Gator fans world- ships in his first four seasons as a head college football by finishing with 231 wide for their longstanding support and coach. He is the 14th youngest head passing yards and 109 yards of rushing, pride in their team, and I look forward coach to win a pair of national titles the third highest ground total by a to more exciting football and basket- since 1950. His leadership and commit- quarterback in a BCS title game. Mr. ball seasons, particularly football. Go ment to this team have given him fame Tebow is also just the fifth player since Gators. and a place in college football history. 1950 to win two national titles and the Mr. MICA. Madam Speaker, I wanted The extraordinary achievement of Heisman Trophy. Gators wide receiver/ to join others in congratulating the this team is a tribute to the skill and running back Percy Harvin was also in- University of Florida on winning the dedication of many players, coaches, strumental in the Gators’ victory over recent National College Football students, alumni, families, and fans the Sooners by running nine times for Championship. As a 1967 graduate of that have helped to make the Univer- 122 yards, catching five passes for 49 the university, I am proud of the ath- sity of Florida a premier football pro- yards, and scoring a touchdown him- letic accomplishments of my alma gram. Winning the National Champion- self. Together, Tebow and Harvin made mater. Fellow Gators have much to be ship, finishing the season with a 13–1 history by becoming the first set of proud of in the many achievements and overall record, and leading the SEC to teammates to each rush for 100 yards honors gained by students, faculty, another championship has brought na- or more in the same BCS National staff and graduates of this great insti- tional acclaim to the University of Championship game. tution of higher learning. Florida. I know the fans of the univer- With back-to-back basketball cham- While we salute this athletic win it is sity will revel in this accomplishment pionships, 2006 and 2007, along with na- important that our university, the as they look forward to the 2009 season. tional football titles in 1996, 2007, and State of Florida and all those inter- And they should. After all, Tim Tebow, 2009, it’s clear why the city of Gaines- ested and supportive of quality edu- an inspiration for fellow college ath- ville is now called the ‘‘City of Cham- cation programs work together to im- letes, will return for his senior year in pions.’’ prove and restore our College of Edu- the hopes of leading his team to their While the University of Florida cation Historic Norman Hall. As a fourth National Championship. clearly has an outstanding athletic graduate of the U.F. College of Edu- Once again I congratulate the Uni- program, I would be remiss today if I cation, I urge our State legislature and versity of Florida football team for didn’t mention a few of the university’s Congress to aid in renovation of this their success. notable academic accomplishments. principal building and center of our Madam Speaker, I reserve the bal- The University of Florida is one of the College of Education. While numerous ance of my time. four largest universities in the United other colleges have restored important Mr. STEARNS. Madam Speaker, I States and is also one of the largest re- campus structures Norman Hall re- yield myself such time as I may con- search universities, housing more than mains neglected. If one of our major in- sume. 150 research centers and institutes. It’s stitutions devoted to training edu- I thank my colleague from Iowa for been the recipient of hundreds of mil- cational professionals remains in tat- his generous comments, for his very lions of dollars in research grants and ters how can we accommodate the fac- perspicuous and insightful observations is home to the world’s largest citrus re- ulty, staff and future quality teachers and his personal commendation, par- search center. UF is also currently for our State and Nation? ticularly in light of the fact that now partnering with Spain to create the So let’s not sit on our athletic lau- I have the great honor to represent the world’s largest telescope, which will be rels but recommit to winning one for University of Florida. And I stand located in the Canary Islands. The uni- quality education at the University of today with a great deal of humility be- versity’s latest endeavor is the build- Florida and go Gators! cause I have been on this floor a couple ing of a brand new 50,000-square-foot Mr. BILIRAKIS. Madam Speaker, I rise in times before obviously when they won research center which will focus on strong support of H. Res. 58, commending the the national basketball championship, treatment and cures for diabetes, can- University of Florida Gators for winning the that is this National Championship cer, and genetic research. Bowl Championship Series National Cham- twice, and they have won now this sec- Now, notably, the University of Flor- pionship Game. As a loyal Gator fan since I ond football National Championship, ida contributes almost $6 billion each was a child, I can remember sitting at the twice in 3 years. So I am very, very year to Florida’s economy and is re- kitchen table and talking about how wonderful honored to represent the university sponsible for the creation of 75,000 jobs. it would be for the Gators to just win a South- and to ask my colleagues obviously to And, finally, my colleagues, I am east Conference title. We accomplished that consider this resolution. proud to report the University of Flor- feat. Then, in 1996, our football team won On the evening of January 8, the ida has been ranked 5th among all the their first national championship. The momen- Florida Gators won their second BCS universities in the Nation by Kiplin- tum hasn’t stopped since we won it again in National Championship title, two in ger’s magazine’s ‘‘Top 100 Public Col- 2006 and 2008. the past 3 years. But, my colleagues, leges,’’ with the university’s 2005 in- The University of Florida was founded in they faced a very tough opponent: the coming freshmen class having an aver- 1853. Fifty-three years later, their football pro- Oklahoma Sooners. I think we all know age of over a 4.0 GPA and a 1306 SAT gram was born. Since the team’s inception, how powerful a football program that score. UF is also proud to have a high they have played in 34 bowl games, won eight is. We had our star quarterback, as number of scholar athletes on its cam- Southeast Conference titles, and produced mentioned by the gentleman from pus, and this is very impressive, boast- three Heisman Trophy winners. Iowa, Tim Tebow. He led the way and ing an 89 percent graduation success Florida’s most recent Heisman Trophy win- the Gators won the game 24–14. The rate for all of its athletes. ner, quarterback Tim Tebow, made numerous Gators’ defense was able to hold Okla- So today, Madam Speaker, I’m influential plays leading the Gators past the homa, the highest-scoring team in pleased to congratulate Coach Urban University of Oklahoma by a score of 24 to 14 modern football history, to only 14 Meyer and all the Gator football play- at Dolphin Stadium in Miami. He was named points and 363 yards. This was 40 points ers and coaches for their incredible ac- most valuable player of the game.

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K21JA7.036 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H407 I would also like to recognize and congratu- Today Coaches poll. After clinching the South- House on the State of the Union for the late the Gators’ head coach, Urban Meyer. eastern Conference Eastern Division, the team further consideration of the bill (H.R. Coach Meyer became Florida’s head football defeated the then number one-ranked Ala- 384) to reform the Troubled Assets Re- coach in 2005. This past year, he led the bama Crimson Tide 31–20 in the 2008 SEC lief Program of the Secretary of the Gators to a 13 and 1 season, bringing them Championship Game to win the EC title. The Treasury and ensure accountability their second national championship in three Gators closed their season after the 2009 under such Program, with Mr. HOLDEN years. Mr. Meyer is the first coach in school BCS National Championship Game, where (Acting Chair) in the chair. history to win two BCS championship games. they defeated the Oklahoma Sooners for the The Clerk read the title of the bill. The University of Florida has proven itself BCS National Championship with a score of The Acting CHAIR. When the Com- both on the football field and in the classroom. 24–14. mittee of the Whole House rose on It is on the cutting edge for research and tech- In over 100 years of play, Florida has been Thursday, January 15, 2009, amendment nology. The university is currently home to 17 recognized as SEC champions eight times— No. 7 printed in House Report 111–3 of- colleges and more than 150 research centers, finishing first in the conference an additional fered by the gentleman from Pennsyl- educating and training future generations of three times—and were national champions of vania (Mr. PATRICK J. MURPHY) had Americans. the 1996, 2006, and 2008 college football sea- been disposed of. As one of our Nation’s largest research in- sons. The University of Florida is the AMENDMENT NO. 8 OFFERED BY MRS. MYRICK stitutions, the University of Florida is also mak- winningest college football team in the Nation The Acting CHAIR. It is now in order ing great contributions to our economy. It is since 1990. to consider amendment No. 8 printed in estimated that it contributes $6 billion annually Understandably so, I know that Congress- House Report 111–3. to Florida’s economy and is responsible for man STEARNS and the other Representatives Mrs. MYRICK. Mr. Chairman, I have producing an astounding 75,000 jobs. from the State of Florida are quite proud of an amendment at the desk. Madam Speaker, I am certainly proud to call this amazing feat, just as I had the opportunity The Acting CHAIR. The Clerk will the University of Florida my alma mater. I con- to rejoice when the pride of Texas, our Univer- designate the amendment. gratulate them on yet another national cham- sity of Texas Longhorns, celebrated their na- The text of the amendment is as fol- pionship victory, and I look forward to watch- tional championship victory at the Rose Bowl lows: ing their continued success athletically, aca- in 2006. Amendment No. 8 offered by Mrs. MYRICK: demically, and economically. Madam Speaker, this commendation today Page 7, after line 11, insert the following: I urge all of my colleagues to support H. recognizes this exceptional team and the Uni- ‘‘(4) PROHIBITION ON USE OF TARP FUNDS FOR Res. 58. versity of Florida’s athletic program’s rich win- FOREIGN CUSTOMER SERVICE POSITIONS.—Effec- Ms. WASSERMAN SCHULTZ. Madam ning tradition. This resolution also notes the tive as of the date of the enactment of the Speaker, as a proud University of Florida TARP Reform and Accountability Act of extraordinary commitment and daily sacrifices 2009, no assisted institution that became an alumna who bleeds orange and blue, I am de- made by these outstanding young men. I assisted institution on or after October 3, lighted to be an original cosponsor of H. Res. would also like to commend the ‘‘Pride of the 2008, may enter into a new agreement, or ex- 58, Commending the University of Florida Sunshine’’ Fightin’ Gator Marching Band who pand a current agreement, with any foreign Gators for winning the 2008 Bowl Champion- performed magnificently and one of their alum- company for provision of customer service ship Series National Championship Game. na and an important member of my staff, Erin functions, including call-center services, The University of Florida Gators football Dominguez. while any of such assistance is out- team squarely defeated the Oklahoma Soon- Mr. STEARNS. Madam Speaker, I standing.’’. ers 24–14. This tremendous victory is nothing yield back the balance of my time. The Acting CHAIR. Pursuant to but extraordinary on all counts. The Gators’ Mr. LOEBSACK. Madam Speaker, I House Resolution 62, the gentlewoman win over Oklahoma was the third football na- yield back the balance of my time. from North Carolina (Mrs. MYRICK) and tional title for the University of Florida and the The SPEAKER pro tempore. The a Member opposed each will control 5 second in the past three seasons. question is on the motion offered by minutes. This victory makes the University of Florida the gentleman from Iowa (Mr. The Chair recognizes the gentle- the fourth school in the modem era to win two LOEBSACK) that the House suspend the woman from North Carolina. outright national collegiate athletics title in rules and agree to the resolution, H. Mrs. MYRICK. Mr. Chairman, my three years. Additionally, Gators’ quarterback Res. 58. amendment is very simple. Any com- Tim Tebow was named the game’s Most Valu- The question was taken. pany that accepts or has accepted able Player, with 340 yards of total offense, The SPEAKER pro tempore. In the TARP funds would be prevented from the third-best pass-rush total in a BCS Cham- opinion of the Chair, two-thirds being outsourcing any new customer service pionship game. in the affirmative, the ayes have it. or call center jobs to a foreign com- While this victory is among the many rea- Mr. LOEBSACK. Madam Speaker, I pany. sons to be proud of the University of Florida, object to the vote on the ground that a I’m not aware of any companies that I am most proud of that the excellence of its quorum is not present and make the have participated in the TARP that academic, athletic, and research programs is point of order that a quorum is not have entered into any new contracts beyond compare. It is both a premier public present. with foreign-based customer service research university and a top contender in the The SPEAKER pro tempore. Pursu- centers, but I do know that our con- athletic arena. ant to clause 8 of rule XX and the stituents have a great deal of skep- With so much to be proud of, it is no won- Chair’s prior announcement, further ticism about the TARP program and der that the Gator nation includes millions of proceedings on this motion will be how their money is being spent. And if people from all over the world—students, postponed. a company that has been propped up alumni, faculty, staff, administrators, sports The point of no quorum is considered with taxpayer dollars were to fans, and anyone who shares the values and withdrawn. outsource these types of jobs, it would create further cynicism. spirit of the University of Florida. It goes with- f out saying that the Gator nation has continued I understand this is a global inter- to make its mark and make her alumni and TARP REFORM AND connected economy. However, given the Gator family proud. ACCOUNTABILITY ACT OF 2009 the amount of Federal dollars pouring Ms. JACKSON-LEE of Texas. Madam The SPEAKER pro tempore. Pursu- into U.S. companies from TARP and Speaker, I rise today to commend the Univer- ant to House Resolution 62 and rule given the fact that the U.S. unemploy- sity of Florida’s 2008 football team for winning XVIII, the Chair declares the House in ment is now above 7 percent, I don’t the 2008 NCAA National Championship on the Committee of the Whole House on think it’s unreasonable to demand that January 8, 2009, over the Oklahoma Sooners. the State of the Union for the further American workers are used to fill any The 2008 Florida Gators football team rep- consideration of the bill, H.R. 384. new customer service jobs for the com- resented the University of Florida exceptionally panies who are assisted with American b 1355 well in the 2008 college football season. The taxpayer dollars. team was coached by Urban Meyer and fin- IN THE COMMITTEE OF THE WHOLE I urge support of the amendment. ished the season ranked as the number one Accordingly, the House resolved Mr. Chairman, I reserve the balance team in the Associated Press poll and USA itself into the Committee of the Whole of my time.

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.010 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H408 CONGRESSIONAL RECORD — HOUSE January 21, 2009 Mr. FRANK of Massachusetts. Mr. ers that a regime in which none of Members to assimilate, but last week Chairman, I rise to meet the formal re- these considerations of local employ- the Senate acted decisively. The Sen- quirement that someone rise who is in ment can be considered is not nec- ate voted under the bill that we passed opposition, although that is not, as you essarily in our best interest. last fall and defeated the resolution of know, highly enforceable. I yield back the balance of my time. disapproval. The Acting CHAIR. The gentleman Mrs. MYRICK. I understand the gen- The procedures adopted that called from Massachusetts is recognized for 5 tleman’s concerns regarding the WTO, for the resolution of disapproval to as- minutes. and I know there are concerns there sure Members that there would be no Mr. FRANK of Massachusetts. Mr. with what’s been done with the auto- tricks in both Houses ruled out any Chairman, I think the amendment is a makers, too, so this isn’t the only one. motion to reconsider. So the Senate de- good one. Any doubts I had were as- I yield back the balance of my time. feat of the resolution of disapproval suaged since I listened to the gentle- The Acting CHAIR. The question is last week is final and it is dispositive. woman. on the amendment offered by the gen- We, under a statute that could have But I do want to point out a dif- tlewoman from North Carolina (Mrs. been drafted better, will still vote on ficulty that Members of this House MYRICK). that resolution, but the outcome of the should contemplate. We run the risk The amendment was agreed to. vote in the House is irrelevant, because here that this may violate our obliga- AMENDMENT NO. 9 OFFERED BY MR. FRANK OF the Senate has legally acted to trigger tions under the World Trade Organiza- MASSACHUSETTS the second $350 billion. tion. As someone who voted against The Acting CHAIR. It is now in order So it’s a fact that the $350 billion, the joining, and I say that without any em- to consider amendment No. 9 printed in second $350 billion, will be at the dis- barrassment, I would say to Members House Report 111–3. posal of the Obama administration. It who will be joining, I believe, virtually Mr. FRANK of Massachusetts. Mr. isn’t even yet there because the Bush every Member of this House in sup- Chairman, I note that the author of administration, at the request of the porting the gentlewoman’s amendment this amendment is not now on the Obama administration, requested the that perhaps it should lead them to floor. Could we get unanimous consent funds last Monday. I believe they prob- rethink to having so enthusiastically to pass over without his forfeiting his ably won’t ripen until a week from yes- subscribed to the WTO agreement with- chance so he could do it when he terday. It’s a 15-day period. But as of out some changes. It certainly seems comes? next week sometime, the Obama ad- to us that while we do know the gov- The Acting CHAIR. That request ministration now has the legal right to ernment is directly involved, spending would have to be made in the full deploy the $350 billion. its own money, you can have a require- House. What our colleague from Minnesota ment for domesticity. It is unclear PARLIAMENTARY INQUIRY (Mr. WALZ) has thoughtfully put for- what the interpretation will be here. Mr. FRANK of Massachusetts. Par- ward as an amendment will require the The interpretation be not be purely an liamentary inquiry. Treasury to make available on the American one. It will be in the dispute The Acting CHAIR. The gentleman Internet all of the reports that are re- resolution procedures of the WTO. will state his parliamentary inquiry. quired under the bill. The bill requires So as we go forward in this Congress Mr. FRANK of Massachusetts. Is reports, but they will now be made im- and we are told about the advantages there any way under the rules to pre- mediately available on the Internet. of a multilateral approach to trade, serve the right of the gentleman from There is a great deal of understand- and I agree that, properly done, that is Minnesota who offered this? able public dissatisfaction at the fail- very advantageous, I hope Members The Acting CHAIR. A designee could ure of this information to be made who more enthusiastically than I em- offer it at this time. available. And the gentleman from braced this principle will stop to think Mr. FRANK of Massachusetts. Well, Minnesota, by insisting that we use the about it. then I offer it as his designee. most appropriate contemporary tech- Some of us who were worried about The Acting CHAIR. The Clerk will nology, has helped with that problem. the job impact of international eco- designate the amendment. I reserve the balance of my time. Mr. HENSARLING. Mr. Chairman, I nomic relations have been derided as The text of the amendment is as fol- rise to claim the time in opposition. the reincarnation of Smoot and lows: Hawley. Well, I guess Smoot and The Acting CHAIR. The gentleman is Amendment No. 9 offered by Mr. FRANK of recognized for 5 minutes. Hawley would have been with us on Massachusetts: this one because it says companies who In subsection (e) of section 113 of the Emer- Mr. HENSARLING. Mr. Chairman, as do business in America cannot go over- gency Economic Stabilization Act of 2008, as I look at this amendment, I think the seas for hiring. That’s not trade in the proposed to be added by section 101(a) of the amendment is probably a good one, old way because they didn’t have the bill, add at the end the following new para- adding to the transparency and ac- option of doing this in the old way with graph: countability, to the underlying legisla- technology. But it is a restraint on ‘‘(4) ONLINE PUBLICATION OF PERIODIC RE- tion, but I still believe that I have a international economic activity. It is PORTS.—The Secretary shall make publicly number of concerns. the government’s saying to the market available on the Internet each report made And to the extent that this facili- in accordance with paragraph (1).’’. you may not do this because it will tates passage of the underlying bill, have a negative impact on our employ- The Acting CHAIR. Pursuant to again, what I perceive that we have ment. House Resolution 62, the gentleman here is buyers’ remorse for many with from Massachusetts (Mr. FRANK) and a respect to the underlying TARP Pro- b 1400 Member opposed each will control 5 gram. And what many Members, I be- Now, I think that’s legitimate, espe- minutes. lieve, saw was, either, one, they didn’t cially here, since it will only apply to The Chair recognizes the gentleman see a plan, or, number 2, the plan they companies that are receiving this as- from Massachusetts. thought they saw was not the plan that sistance. But understand the principle. Mr. FRANK of Massachusetts. Mr. they saw implemented, and whatever Those who say it’s always a good thing Chairman, I offer this amendment on they saw implemented they didn’t see to allow the market to totally run be- behalf of our colleague from Minnesota too clearly because of the transparency cause it will enhance capacity are (Mr. WALZ) who has been diligent in and accountability that most Members agreeing that in this case, because we trying to see that money allocated would want was not present. I feel that have the hook on which to hang it, we under the TARP Program is fully ac- because of the exigent circumstances can undercut that. counted for, and, obviously, many of us the legislation was, perhaps, drafted in But the fact that we have the hook in feel that has not happened with the haste. the TARP doesn’t change what the eco- first half of the money. Now, the underlying legislation to nomics would be. So I welcome what I Let me make a point that may have which the gentleman’s amendment think is a renewed recognition for escaped some Members. We are not would apply continues to have a num- some and a belated recognition for oth- used to this, and so it may be hard for ber of underlying problems. Now, I do

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.039 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H409 want to compliment the Chairman of business with a community bank and the Secretary of the Treasury, to put the Financial Services Committee, who gets a loan. and post online how each and every I think has added some very important We may be on the precipice of having dollar of this money is being spent. accountability and transparency provi- a Secretary of Treasury, who admit- And what I believe is you will get sions to the underlying legislation. tedly doesn’t pay his own taxes, and transparency, you will get the account- I think almost all Members agree yet he will have the right to put an ob- ability, and I think in the spirit of that it’s absolutely insane to be invest- server into small businesses to make what my colleague is saying, you will ing taxpayer money in these companies sure they pay theirs. have a great incentive for the market with no reporting requirement whatso- Again, I doubt it was the intent of then to work fairly on an even playing ever, and I compliment the chairman the drafter of the underlying bill for field, making sure that we, once again, for including that in the underlying that to happen, but it concerns me, Mr. put those things in place that actually legislation. The reporting requirement Chairman, that we would have that in make our financial system work, actu- on new lending attributable to TARP is the base bill. And I hope Members ally free up credit and get our eco- another good provision. would clearly take a look at that be- nomic system moving. But, Mr. Chairman, I have three fore approving the underlying legisla- So we are here to work on those major concerns dealing with the under- tion. problems that most affect average lying legislation. With that, Mr. Chairman, I would Americans. We may disagree on how to Number one, if legislation still puts like to reserve the balance of my time. get there, but there is no denying we us on the road to picking winners and The Acting CHAIR. The time of the are at a point in our Nation’s history losers in our economy, express lan- gentleman from Texas has expired. where political bickering won’t get us guage dealing with the auto bailout, it Mr. FRANK of Massachusetts. Mr. there, where nontransparency to the doesn’t do anything for the arts and Chairman, as the designee, I now yield public is the wrong way to go. crafts supplier in Athens, Texas, that I the remaining 21⁄2 minutes to my desig- Mr. Chairman, I thank you for hav- represent. I don’t see language in the nator, the author of the amendment, ing this opportunity to put forward bill that’s going to help them. the gentleman from Minnesota. this amendment. The amendment is It doesn’t do anything for the alu- Mr. WALZ. Mr. Chairman, I rise very simple, and it simply states online minum and zinc die caster in Jackson- today to offer this amendment and, in- publication of periodic reports. The ville, Texas, in my district. I don’t see teresting, listening to my colleague on Secretary shall make publicly avail- any express language in the legislation the other side of the aisle, while I did able on the Internet each report made that helps them. not support the underlying bill in the in accordance with paragraph one. On this side of the aisle, Mr. Chair- first place, I think we may part com- That simply says, at least quarterly, man, we want to help everybody in the pany at that point, because I want to they will put out how they are spend- economy. Again, name me three indus- thank the chairman for the work that ing our money. tries that aren’t hurting in this econ- he has done. I want to thank the chairman for giv- omy. Because the one thing I hear is, and ing me this opportunity. I want to Why, again, Mr. Chairman, does the I heard it yesterday as we watched our thank the ranking member for coming bill pick winners and losers? new President be sworn in, now is the today and debating this issue. We owe Second of all, Mr. Chairman, it speci- time to put the childish political bick- it to our constituents to solve this. fies a rather questionable foreclosure ering aside. Offer us something that The Acting CHAIR. The question is mitigation plan, one that apparently works. on the amendment offered by the gen- will take at least $40 billion of tax- If you don’t want someone in the tleman from Massachusetts (Mr. payer funds, roughly patterned after boardroom, don’t take the money. But FRANK). the FDIC plan, if you read the lan- the American public is asking us and The amendment was agreed to. guage, one that even the FDIC admits the economists are asking us what AMENDMENT NO. 10 OFFERED BY MR. FLAKE may cost $25 billion. needs to be done to move this economy. The Acting CHAIR. It is now in order Mr. Chairman, people on this side of I do not support the money going. I to consider amendment No. 10 printed the aisle support foreclosure mitiga- do not believe that the American pub- in House Report 111–3. tion, too. It’s called preservation of lic was served well in it. It does not Mr. FLAKE. I have an amendment at your job, expand your job opportuni- mean that I am not willing to offer the desk. ties, and expand your paycheck changes to improve it overall. The Acting CHAIR. The Clerk will through middle-income tax relief. So my amendment, and what I ask designate the amendment. That’s the foreclosure mitigation plan the chairman to accept in this amend- The text of the amendment is as fol- that we need to see. ment, is to ask for the oversight that lows: Then finally, Mr. Chairman, I am needs to be there. Not for the Members Amendment No. 10 offered by Mr. FLAKE: concerned about a provision that would of this body and not for the account- At the end of title I, insert the following: permit the Secretary of the Treasury ants, but for the American public. SEC. 108. BROADENED INSPECTOR GENERAL AU- THORITY. to put, quote-unquote, observers into If an institution is going to take this Section 121(c) of the Emergency Economic assisted institutions. money, then have the courage to pub- Stabilization Act (12 U.S.C. 5231(c)) is amend- Again, I think this may speak to the lish it online so every person in every ed by striking ‘‘the purchase, management, haste in which the underlying legisla- library and every home can go and see and sale of assets’’ and all that follows tion has been drafted. It didn’t go where their taxpayer dollars are being through ‘‘under section 102’’ and inserting through any markup. We didn’t have spent. And if that is simply an intru- ‘‘any action taken by the Secretary of the any formal hearing on it, but on page sion into the private sector, simply Treasury under this title (except sections 11 of the base bill, it states that the don’t accept the money. 115, 116, 117, and 125), as the Special Inspector General determines appropriate’’. Secretary may require the attendance But I see them beating down the In the table of contents in section 1(b), in- of an observer at, quote-unquote, any doors of this Congress and beating sert after the item relating to section 107 the assisted institution. down the doors to try and get them. So following new item: Well, on page 8 of the bill it defines my goal, and I believe the chairman’s Sec. 108. Broadened Inspector General Au- an assisted institution as any such in- goal all along has been, it was working thority. stitution that receives directly or indi- with the previous administration who The Acting CHAIR. Pursuant to rectly assistance or benefit that de- put these proposals forward. The chair- House Resolution 62, the gentleman rives from the funds that are available. man did the time-honored practice of from Arizona (Mr. FLAKE) and a Mem- My concern, Mr. Chairman—and I this body of reaching compromise for ber opposed each will control 5 min- don’t believe it was the intent of the the good of the American public. utes. author of the legislation—but seem- So what I ask, Mr. Chairman, is look- The Chair recognizes the gentleman ingly you could be giving the Secretary ing retrospectively into the $350 billion from Arizona. of the Treasury power to put an ob- that was spent and then forward, that Mr. FLAKE. This amendment is pret- server in any small business that does these institutions be required, through ty straightforward. It simply allows

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.044 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H410 CONGRESSIONAL RECORD — HOUSE January 21, 2009 the special inspector general for TARP So we have gotten some good over- change. This may be one of the few to review any action tied to the dis- sight that tells us what they did wrong. things that requires statutory change. tribution of TARP funds. The position But oversight, of course, only high- So I would say this to the gentleman of the special inspector general for the lights that. It doesn’t correct it. This from Arizona. If I am correct and this TARP Programs was created by section legislation is in fact informed to some is one of the few pieces that would re- 121 of the Emergency Economic Sta- extent by that oversight, and hopes to quire statutory change to expand the bilization Act, which was signed into build on it. The gentleman from Arizo- special IG’s authority, we will work to- law in October. na’s amendment will make sure that gether to get a suspension bill through This legislation initially provided the oversight continues to be equal to that will do that, that is abstracting enough authority for the special in- the test. from some of the rest of it. Because, spector general, but because the pur- I reserve the balance of my time. again, it’s now a given that the second view for TARP, the scope expanded so Mr. FLAKE. I yield 2 minutes to the $350 billion will be spent. So I just significantly, this special Inspector gentleman from California (Mr. ISSA). wanted to give the gentleman that as- General really didn’t have the author- Mr. ISSA. I thank the gentleman. surance, that while almost everything ity to look at these other items as Hearing what I have just heard, I would else in this bill can be done, and we are well. It now includes, for example, like to thank the chairman of the full really insisting they should use author- TARP. The scope of TARP includes committee. It is clear that we will for ity that they have, to the extent this propping up a number of banks, bailing months, years to come, be looking at requires statutory change, I believe we out AIG and Citicorp and providing as- the failures of TARP; the failures to can do a very quick, noncontroversial sistance to U.S. automakers. properly consider the allocation of suspension. Under the initial act, it wasn’t clear these funds before they were delivered I reserve the balance of my time. that the special inspector general had and to lock down appropriately the Mr. FLAKE. I thank the gentleman. the authority to look over these issues ways in which it could be spent. Not- My understanding is the Senate has al- as well. This amendment will ensure withstanding failures in our hurried ready acted on language identical to that it does. legislation, it is also very clear that this in a free-standing piece of legisla- In a November article in the Wash- the effectiveness, or lack thereof; the tion. This, I think, is certainly a pri- ington Post, the Treasury’s Inspector honesty, or lack thereof, of the expend- ority of theirs as well, to make sure General described the oversight of the iture of these funds, is critical if we are that the special IG has the authority to current situation of TARP ‘‘a mess.’’ going to regain confidence by the look over all disbursements of the We need to make sure that the inspec- American people that in a future emer- TARP funds. tor general has sufficient authority to gency situation we will be able to I think it’s incumbent on us in Con- look over these other areas where quickly allocate resources to a problem gress to take better care here. I have TARP has gone. and then have those resources used been simply amazed at how jealous we With that, I will reserve the balance properly. guard our spending prerogatives here of my time. So I thank the gentleman for offering in the House, rightly so, but then when this amendment. I thank the chairman it came to TARP, we simply let them b 1415 for his willingness to accept this run with whatever they wanted to Mr. FRANK of Massachusetts. Mr. amendment that will allow the IG to spend it on. We clearly did not con- Chairman, I rise to claim the 5 minutes report to the committees of jurisdic- template here, those of us who are con- that goes to someone in opposition. tion so that we can in fact look for the sidering this in the House, that this The Acting CHAIR. The gentleman is waste, fraud, and abuse in this legisla- money would be used for a bailout of recognized for 5 minutes. tion and its carrying out. Thank you. the auto industry, for example. Mr. FRANK of Massachusetts. I Mr. FLAKE. I reserve the balance of So I just want to make sure that the thank the gentleman from Arizona for my time. tools are there to make sure that prop- his careful legislating. He is a careful Mr. FRANK of Massachusetts. How er accounting is done and proper re- legislator. He is exactly right. This much time do I have remaining? view is made of the expenditure of amendment does make sure that the The Acting CHAIR. The gentleman funds. I am grateful the chairman has inspection IG’s oversight purview is from Massachusetts has 31⁄2 minutes re- agreed to support the amendment. equivalent to that of the TARP. maining and the gentleman from Ari- With that, I yield back the balance of There have been concerns about the zona has 21⁄2 remaining. my time. oversight, which we understand. I Mr. FRANK of Massachusetts. I yield Mr. FRANK of Massachusetts. How wanted to divide this in two as we talk myself 21⁄2 minutes. much time do I have remaining? about the oversight. The problem has Let me inquire of the gentleman The Acting CHAIR. The gentleman been that they have not required from Arizona, is he his remaining has 21⁄2 minutes. enough of the—the Treasury hasn’t re- speaker? Mr. FRANK of Massachusetts. First, quired enough. The oversight mecha- Mr. FLAKE. I just plan to close. on the auto issue, let me say I agree nisms we put in there haven’t seem, to Mr. FRANK of Massachusetts. Do I that it would have been a mistake to me, to have done some good. The spe- have the right to close as a member of have taken the original TARP vote and cial IG was created. He was held up the committee? then said, Okay, use that to go to the until the Senate acted. He recently The Acting CHAIR. The gentleman aid of the three American automobile issued an example of his plan to go for- does. manufacturers. And this is why Speak- ward. Mr. FRANK of Massachusetts. I yield er PELOSI correctly insisted that we We have also had very good oversight myself 2 minutes just to say, as has vote on it. Now it turned out because by the Government Accountability Of- been pointed out, we have been given the Senate didn’t act, that it didn’t be- fice. When Members read about the indications that the Senate does not come law. But what this House voted failure of Treasury to require the re- plan to act on this. Of course, I can re- on had a major influence on what the cipients of the capital infusions to do call a number of times when people on Bush administration did. any re-lending, or at least to tell they both sides have said we are going to go I was not prepared to support the use were going to do it, that was docu- ahead whether they do or don’t. of TARP funds if it did not receive the mented by the Government Account- I will say this. Much of what we put vote of this House for the autos. So ability Office in a very effective report, in this bill can be done even if it with regard to autos, the House has al- which we had a hearing on. And then doesn’t pass. And I regard this as a ready, by a fairly large vote, decided to the panel of appointees by the congres- very important vote that we will have do that. That is the model I have in sional leadership, which includes the later to strengthen our hand in making mind for this bill. There’s probably gentleman from Texas, the former Sen- sure that Treasury does what we think some ambiguity as to whether or not ator from New Hampshire, and three is necessary, even if it doesn’t become the gentleman’s amendment would re- other very energetic citizens, they law. Almost everything in the bill quire statutory change. I am in favor have also put out good reports. could be done even without statutory of resolving the ambiguity. I’d rather

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.047 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H411 be redundant than ambiguous, as peo- ance as to inform the Secretary of the pre- countability and transparency to the ple might know from listening to my cise use of such assistance by the institution process—although my friends on that speeches. and the purpose for the use. side of the aisle take a few steps for- So I will work with him to get that ‘‘(B) ANALYSIS.—The Secretary shall con- ward, they unfortunately take a num- duct an analysis of the use of the assistance bill passed. But on the basic point, here for which information was received under ber of steps backwards as well. As I we are. It is true the Senate at this subparagraph (A). look at the underlying legislation, par- point says they are not going to pass ‘‘(C) REPORT TO THE CONGRESS.—Within 30 ticularly with respect to the HOPE for it. It is true we are doing things here days after the enactment of this paragraph, Homeowners program which, by the that we wish the Bush administration the Secretary shall promptly submit a report way, the Congressional Budget Office had done, but didn’t do them. I believe containing the findings and conclusion of the estimates is a 15 percent subsidy cost, that the Bush administration and the Secretary on the use of the assistance re- and that could cost $675 million over 10 Obama administration are correct that ferred to in subparagraph (A), together with years, that the legislation, the under- such recommendations for legislative or ad- it’s in the interest of the economy for ministrative action as the Secretary may de- lying legislation actually eliminates the second $350 billion, and they are termine to be appropriate, to the Committee borrower certifications. That a bor- very strongly agreed on that, both ad- on Financial Services of the House of Rep- rower has not intentionally defaulted ministrations, if it can be done well, it resentatives, the Committee on Banking, on the mortgage or any other debt, has would be to the advantage of the econ- Housing, and Urban Affairs of the Senate, not knowingly or willfully and with ac- omy in helping with the economic and the Committees on Appropriations of the tual knowledge furnished material in- problems. But we are insisting that House of Representatives and the Senate.’’. formation known to be false for the they do some things they didn’t do at The Acting CHAIR. Pursuant to purpose of attaining an eligible mort- first. House Resolution 62, the gentleman gage. I mean, Mr. Chairman, that is Even if it does not become law, as from New York (Mr. HINCHEY) and a clearly a step backwards when it comes Members know, I will be talking with Member opposed each will control 5 to adding accountability and trans- the Secretary of the Treasury, I will be minutes. parency to the process. talking, as will other Members, with The Chair recognizes the gentleman In addition, the underlying legisla- the administration. When we tell them from New York. tion eliminates the requirement that to do something about foreclosures, Mr. HINCHEY. Mr. Chairman, since an individual receiving assistance when we say to look at the problems of the bailout bill was passed last year, under that program verify their income municipalities, if we have the force of about $350 billion of the $700 billion by providing tax return information. a large majority of the House of Rep- that was allocated in that legislation So I have heard all of the wonderful resentatives behind us, it will make us has been authorized and effectively words about our accountability and even more persuasive. spent through the Treasury Depart- transparency increases within the leg- None of us, I think, have enough con- ment. However, there’s very little in- islation, but I haven’t heard a whole fidence in our mellifluous tones to formation with regard to who are the lot though about the steps the under- think that on our own we can do things recipients of that $350 billion and for lying legislation has taken in the that we couldn’t do when we are speak- what purpose they receive that money wrong direction. ing for a majority of the House of Rep- and how they spend it. In addition, Mr. Chairman, I still am resentatives. So this amendment just asks and concerned about this provision that I So passing this bill with these spe- makes it clear that upon the passage of hope that perhaps the distinguished cifics will be adding greatly to our this legislation, that the Secretary chairman will address, the provision in ability to get the administration to do must provide information with regard the underlying bill allowing the Sec- these things. I should say it’s already to where that money has gone and how retary to place board observers into clear that under the Obama adminis- that funding was spent. And then, 30 ‘‘assisted institutions.’’ I mean assisted tration, unlike the Bush administra- days later, within 30 days after the en- institution is defined on page eight of tion, there will be significant funds for actment of this paragraph, the Sec- the base bill and it includes any insti- foreclosure relief. retary shall promptly submit to the ap- tution that receives directly or indi- I understand the dilemma some of propriate committees here in the Con- rectly, or indirectly, any assistance or my conservative friends have, because gress that information: Where the benefit. two leading journals of conservative money was allocated and for what pur- I still question, again, whether or not opinion, the Wall Street Journal and poses it was spent. a small business in a rural community the Heritage Foundation, have said, I think this is a very essentially im- who does business with a small commu- Don’t do anything about foreclosures. portant piece of information. I expect nity bank receiving TARP funds, all of Well, this bill will ensure that they do, that it will be passed by the House. a sudden are they going to end up hav- to their disappointment. I reserve the balance of my time. ing a Federal observer in their small The Acting CHAIR. The question is Mr. HENSARLING. Mr. Chairman, I business? Now maybe some Members on the amendment offered by the gen- rise to claim time in opposition. would like to go down that road. The Acting CHAIR. The gentleman tleman from Arizona (Mr. FLAKE). Maybe they think that is a good thing. The amendment was agreed to. from Texas is recognized for 5 minutes. I, for one, do not. I don’t believe that Mr. HENSARLING. Thank you, Mr. AMENDMENT NO. 11 OFFERED BY MR. HINCHEY was probably the intention of the au- Chairman. Again, I have similar con- The Acting CHAIR. It is now in order thor of the bill. But, again, I am read- cerns I had with one of the earlier ing the definition in the legislation. to consider amendment No. 11 printed amendments. I think, frankly, the gen- in House Report 111–3. I think it’s a great concern, and tleman from New York has a very good Members need to pay very careful at- Mr. HINCHEY. I have an amendment amendment. I will support it. I do, at the desk. tention before they vote on the under- again, believe that there needs to be in- lying legislation. The Acting CHAIR. The Clerk will creased transparency and account- designate the amendment. With that, Mr. Chairman, I reserve ability for how these funds are used. the balance of my time. The text of the amendment is as fol- But, again, Mr. Chairman, I have lows: concerns, and I agree with our distin- b 1430 Amendment No. 11 offered by Mr. HINCHEY: guished chairman of the Financial Mr. HINCHEY. Mr. Chairman, I think Page 4, after line 9, insert the following Services Committee that this is an im- the amendment that we have here is new paragraph: portant vote that we will take on the very clear and puts forward some nec- ‘‘(4) USE OF 2008 ASSISTANCE.— underlying legislation. But I continue essary information which must be re- ‘‘(A) COLLECTION OF INFORMATION.—Effec- to have concerns that I feel have not ceived by the Congress, especially prior tive upon enactment of this paragraph, The Secretary shall require any assisted institu- been addressed. to the enactment of the remaining $350 tion which received assistance under this Number one, although the underlying billion, just making it clear that we title before January 1, 2009, to provide suffi- legislation—and the gentleman from need to know how much money has cient information with regard to such assist- New York is certainly adding more ac- been spent and where it has been spent

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.049 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H412 CONGRESSIONAL RECORD — HOUSE January 21, 2009 and for what purpose, and it stipulates But the signal it sends is we care TARP REFORM AND that the Secretary of the Treasury about these substantive issues: Fore- ACCOUNTABILITY ACT OF 2009 must submit that information within closure, requiring a disclosure, et The SPEAKER pro tempore. Pursu- 30 days after the enactment of this leg- cetera. It does not send a signal that ant to House Resolution 62 and rule islation. they have $350 billion, because they XVIII, the Chair declares the House in I reserve the balance of my time. have it. They don’t need a signal. $350 the Committee of the Whole House on Mr. HENSARLING. Mr. Chairman, billion is better than a signal; it is now the State of the Union for the further might I inquire how much time I have legally theirs to spend without any consideration of the bill, H.R. 384. remaining. constraint, except what we are able to The Acting CHAIR. The gentleman impose on them through our efforts. I b 1506 from Texas has 11⁄2 minutes remaining, understand the gentleman disagrees and the gentleman from New York has with some of the specifics. Those were IN THE COMMITTEE OF THE WHOLE 3 minutes remaining. entirely reasonable points to make. Accordingly, the House resolved Mr. HENSARLING. I yield myself the But the notion that we shouldn’t send itself into the Committee of the Whole balance of my time. them a signal to spend the money House on the State of the Union for the Mr. Chairman, again, I want to com- misses the point that they are about to further consideration of the bill (H.R. pliment the gentleman from New York spend the money next week whatever 384) to reform the Troubled Assets Re- for his amendment. I think it certainly we do, and all we can do at this point, lief Program of the Secretary of the improves the underlying bill. My main given what the Senate has done, is to Treasury and ensure accountability concerns remain with the underlying try to impose some of the concerns we under such Program, with Mr. HOLDEN bill; and I am still fearful that this in- have on them. (Acting Chair) in the chair. stitution is about to, essentially, com- Mr. HINCHEY. And it is unclear to The Clerk read the title of the bill. mit the same error that many feel was me whether the gentleman is opposed The Acting CHAIR. When the Com- committed a few months ago. to putting this information forward or mittee of the Whole rose earlier today, I myself did not vote for the under- not. I think that everybody here should a request for a recorded vote on amend- lying TARP legislation; I voted against be in favor of addressing this issue in a ment No. 11 printed in House Report it twice. I supported an alternative responsible way, saying we need to 111–3 offered by the gentleman from plan. Now, these continue to be very know where the money has been spent, New York (Mr. HINCHEY) had been post- serious challenging, serious economic who it has been allocated to, and what poned. times that need thoughtful plans. But has been the result of the expenditure. AMENDMENT NO. 11 OFFERED BY MR. HINCHEY we are essentially saying to the incom- I yield back the balance of my time. The Acting CHAIR. Pursuant to ing administration: Here is a $350 bil- The Acting CHAIR. The question is clause 6 of rule XVIII, the unfinished lion bank account. Well, I say, where is on the amendment offered by the gen- business is the demand for a recorded the plan? And Congress isn’t going tleman from New York (Mr. HINCHEY). vote on the amendment offered by the away. Congress can come, and when The question was taken; and the Act- gentleman from New York (Mr. HIN- the need is presented and the plan is ing Chair announced that the ayes ap- CHEY) on which further proceedings presented, can vote for this money. peared to have it. were postponed and on which the ayes There is the Federal Reserve. We are Mr. HINCHEY. Mr. Chairman, I de- prevailed by voice vote. already up to $7 trillion to $8 trillion of mand a recorded vote. The Clerk will redesignate the taxpayer liability exposure that in- The Acting CHAIR. Pursuant to amendment. cludes their various lending facilities. clause 6 of rule XVIII, further pro- The Clerk redesignated the amend- It is not like, if Congress goes to bed at ceedings on the amendment offered by ment. night, that no one is there to aid in an the gentleman from New York will be RECORDED VOTE emergency situation. postponed. Mr. FRANK of Massachusetts. Mr. Mr. FRANK of Massachusetts. Mr. The Acting CHAIR. A recorded vote Chairman, will the gentleman yield? Chairman, I move that the Committee has been demanded. Mr. HENSARLING. I would be happy do now rise. A recorded vote was ordered. to yield to the chairman. The motion was agreed to. The vote was taken by electronic de- Mr. FRANK of Massachusetts. I ap- Accordingly, the Committee rose; vice, and there were—ayes 427, noes 1, preciate what the gentleman is saying. and the Speaker pro tempore (Mr. HIN- not voting 11, as follows: He knows we are going to have a hear- CHEY) having assumed the chair, Mr. [Roll No. 23] ing in our committee on the Federal HOLDEN, Acting Chair of the Com- AYES—427 Reserve; but because of what the Sen- mittee of the Whole House on the State Abercrombie Boccieri Carney ate did, whether or not they spend the of the Union, reported that that Com- Ackerman Boehner Carson (IN) mittee, having had under consideration Aderholt Bonner Carter $350 billion is no longer an open ques- Adler (NJ) Bono Mack Cassidy tion. They are going to spend it. The the bill (H.R. 384) to reform the Trou- Akin Boozman Castle Senate guaranteed that. bled Assets Relief Program of the Sec- Alexander Boren Castor (FL) Mr. HENSARLING. Reclaiming my retary of the Treasury and ensure ac- Altmire Boswell Chaffetz Andrews Boustany Chandler time, I understand that, to the distin- countability under such Program, had Arcuri Boyd Childers guished chairman; but I also under- come to no resolution thereon. Austria Brady (PA) Christensen stand, as I believe you said, to para- f Baca Brady (TX) Clarke phrase, this sends an important signal. Bachmann Braley (IA) Clay RECESS Bachus Bright Cleaver I don’t want to send the signal that the Baird Broun (GA) Clyburn vote on the underlying legislation The SPEAKER pro tempore. Pursu- Baldwin Brown (SC) Coble would provide that, here is $350 billion, ant to clause 12(a) of rule I, the Chair Barrett (SC) Brown, Corrine Coffman (CO) declares the House in recess subject to Barrow Brown-Waite, Cohen without a plan. Bartlett Ginny Cole With that, I yield back the balance of the call of the Chair. Barton (TX) Buchanan Conaway my time. Accordingly (at 2 o’clock and 35 min- Bean Burgess Connolly (VA) Mr. HINCHEY. I yield to the chair- utes p.m.), the House stood in recess Becerra Burton (IN) Conyers subject to the call of the Chair. Berkley Butterfield Cooper man. Berman Buyer Costa Mr. FRANK of Massachusetts. I have f Berry Calvert Costello Biggert Camp Courtney to differ with my friend from Texas b 1505 when he says it sends a signal that Bilbray Campbell Crenshaw AFTER RECESS Bilirakis Cantor Cuellar they shouldn’t have $350 billion with- Bishop (GA) Cao Culberson out a plan. They know they have the The recess having expired, the House Bishop (NY) Capito Cummings $350 billion. This is an effort to was called to order by the Speaker pro Bishop (UT) Capps Dahlkemper Blackburn Capuano Davis (AL) strengthen our hand when we impose tempore (Mr. HASTINGS of Florida) at 3 Blumenauer Cardoza Davis (CA) some constraints on them. o’clock and 5 minutes p.m. Blunt Carnahan Davis (IL)

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.052 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H413 Davis (KY) Kagen Nye Terry Van Hollen Westmoreland The SPEAKER pro tempore. A point Davis (TN) Kanjorski Oberstar Thompson (CA) Vela´ zquez Wexler of order is reserved. Deal (GA) Kaptur Obey Thompson (MS) Visclosky Whitfield DeFazio Kennedy Olson Thompson (PA) Walden Wilson (OH) The Clerk will report the motion to DeGette Kildee Olver Thornberry Walz Wilson (SC) recommit. Delahunt Kilpatrick (MI) Ortiz Tiahrt Wamp Wittman The Clerk read as follows: DeLauro Kilroy Pallone Tierney Wasserman Wolf Mr. Gohmert moves to recommit the bill Dent Kind Pascrell Titus Schultz Woolsey Tonko Waters H.R. 384 to the Committee on Financial Diaz-Balart, L. King (IA) Pastor (AZ) Wu Towns Watt Services with instructions to report the Diaz-Balart, M. King (NY) Paul Yarmuth Dicks Kingston Paulsen Tsongas Waxman same back to the House forthwith with the Young (FL) Dingell Kirk Payne Turner Weiner following amendment: Doggett Kirkpatrick (AZ) Pence Upton Welch Strike all after the enacting clause and in- Donnelly (IN) Kissell Perlmutter NOES—1 sert the following: Doyle Klein (FL) Perriello SECTION 1. SUSPENSION OF EMPLOYMENT Dreier Kline (MN) Peters Sablan TAXES. Driehaus Kosmas Peterson NOT VOTING—11 (a) TAX ON EMPLOYEES.—Section 3101 of the Duncan Kratovil Petri Bordallo Herseth Sandlin Tiberi Internal Revenue Code of 1986 (relating to Edwards (MD) Kucinich Pierluisi rate of tax) is amended by adding at the end Edwards (TX) Lamborn Pingree (ME) Boucher Neugebauer Watson Ehlers Lance Pitts Crowley Platts Young (AK) the following new subsection: Ellison Langevin Poe (TX) Harman Solis (CA) ‘‘(d) SUSPENSION.—In the case of wages re- ceived for service performed during the 2- Ellsworth Larsen (WA) Polis (CO) 1537 Emerson Larson (CT) Pomeroy b month period beginning with the first full Engel Latham Posey So the amendment was agreed to. month after the date of the enactment of Eshoo LaTourette Price (GA) The result of the vote was announced this subsection, the percentage under sub- Etheridge Latta Price (NC) as above recorded. sections (a) and (b) shall be zero percent.’’. Faleomavaega Lee (CA) Putnam (b) TAX ON EMPLOYERS.—Section 3111 of Fallin Lee (NY) Radanovich Stated for: Mr. PLATTS. Mr. Chair, on rollcall No. 23 such Code (relating to rate of tax) is amend- Farr Levin Rahall ed by adding at the end the following new Fattah Lewis (CA) Rangel (Hinchey Amendment to H.R. 384), I was de- subsection: Filner Lewis (GA) Rehberg layed en route to the Capitol due to two traffic ‘‘(d) SUSPENSION.—In the case of wages paid Flake Linder Reichert Fleming Lipinski Reyes accidents (not involving my vehicle) and then for service performed during the 2-month pe- Forbes LoBiondo Richardson not able to record my vote on said amend- riod beginning with the first full month after Fortenberry Loebsack Rodriguez ment. Had I been present for rollcall No. 23, the date of the enactment of this subsection, Foster Lofgren, Zoe Roe (TN) I would have voted ‘‘aye,’’ in favor of the the percentage under subsections (a) and (b) Foxx Lowey Rogers (AL) amendment. shall be zero percent.’’. Frank (MA) Lucas Rogers (KY) Ms. BORDALLO. Mr. Chair, on rollcall No. (c) TAX ON SELF-EMPLOYMENT INCOME.— Franks (AZ) Luetkemeyer Rogers (MI) Section 1401 of such Code (relating to rate of Frelinghuysen Luja´ n Rohrabacher 23, traffic delays. Had I been present, I would tax) is amended by adding at the end the fol- Fudge Lummis Rooney have voted ‘‘aye.’’ lowing new subsection: Gallegly Lungren, Daniel Ros-Lehtinen Mr. SABLAN. Mr. Chair, during rollcall vote ‘‘(d) SUSPENSION.—In the case of self-em- Garrett (NJ) E. Roskam Gerlach Lynch Ross No. 23 on H.R. 384, I mistakenly recorded my ployment income for service performed dur- Giffords Mack Rothman (NJ) vote as ‘‘no’’ when I should have voted ‘‘aye.’’ ing the 2-month period beginning with the Gillibrand Maffei Roybal-Allard The Acting CHAIR. Under the rule, first full month after the date of the enact- Gingrey (GA) Maloney Royce the Committee rises. ment of this subsection, the percentage Gohmert Manzullo Ruppersberger Accordingly, the Committee rose; under subsections (a) and (b) shall be zero Gonzalez Marchant Rush and the Speaker pro tempore (Mrs. percent.’’. Goodlatte Markey (CO) Ryan (OH) (d) EFFECTIVE DATES.— TAUSCHER) having assumed the chair, Gordon (TN) Markey (MA) Ryan (WI) (1) The amendments made by subsections Granger Marshall Salazar Mr. HOLDEN, Acting Chair of the Com- (a) and (b) shall apply to remuneration paid Graves Massa Sa´ nchez, Linda mittee of the Whole House on the state Grayson Matheson T. or received after the date of the enactment Green, Al Matsui Sanchez, Loretta of the Union, reported that that Com- of this Act. Green, Gene McCarthy (CA) Sarbanes mittee, having had under consideration (2) The amendment made by subsection (c) Griffith McCarthy (NY) Scalise the bill (H.R. 384) to reform the Trou- shall apply to taxable years beginning after Grijalva McCaul Schakowsky bled Assets Relief Program of the Sec- December 31, 2008. Guthrie McClintock Schauer SEC. 2. SUSPENSION OF INCOME TAXES. Gutierrez McCollum Schiff retary of the Treasury and ensure ac- (a) IN GENERAL.—Part III of subchapter B Hall (NY) McCotter Schmidt countability under such Program, and Hall (TX) McDermott Schock pursuant to House Resolution 62, he re- of chapter 1 of the Internal Revenue Code of Halvorson McGovern Schrader ported the bill back to the House with 1986 (relating to items specifically excluded Hare McHenry Schwartz from gross income) is amended by inserting Harper McHugh Scott (GA) sundry amendments adopted by the after section 139B the following new section: Hastings (FL) McIntyre Scott (VA) Committee of the Whole. ‘‘SEC. 139C. WAGE AND SELF-EMPLOYMENT IN- Hastings (WA) McKeon Sensenbrenner The SPEAKER pro tempore. Under COME. Heinrich McMahon Serrano the rule, the previous question is or- ‘‘In the case of an individual, gross income Heller McMorris Sessions shall not include— Hensarling Rodgers Sestak dered. Herger McNerney Shadegg Is a separate vote demanded on any ‘‘(1) any remuneration for service per- Higgins Meek (FL) Shea-Porter amendment reported from the Com- formed during the 2-month period beginning Hill Meeks (NY) Sherman mittee of the Whole? If not, the Chair with the first full month after the date of Himes Melancon Shimkus will put them en gros. the enactment of this section, by an em- Hinchey Mica Shuler ployee for his employer, including the cash Hinojosa Michaud Shuster The amendments were agreed to. The SPEAKER pro tempore. The value of all remuneration (including bene- Hirono Miller (FL) Simpson fits) paid in any medium other than cash Hodes Miller (MI) Sires question is on the engrossment and wages (as defined in section 3121), and Hoekstra Miller (NC) Skelton third reading of the bill. Holden Miller, Gary Slaughter ‘‘(2) any self-employment income (as de- Holt Miller, George Smith (NE) The bill was ordered to be engrossed fined in section 1402) derived by such indi- Honda Minnick Smith (NJ) and read a third time, and was read the vidual during such period.’’. Hoyer Mitchell Smith (TX) third time. (b) CLERICAL AMENDMENT.—The table of Hunter Mollohan Smith (WA) MOTION TO RECOMMIT OFFERED BY MR. sections for such part is amended by insert- Inglis Moore (KS) Snyder GOHMERT ing after the item relating to section 139B Inslee Moore (WI) Souder the following new item: Israel Moran (KS) Space Mr. GOHMERT. Madam Speaker, I Issa Moran (VA) Speier have a motion to recommit at the ‘‘Sec. 139C. Wage and self-employment in- Jackson (IL) Murphy (CT) Spratt desk. come.’’. Jackson-Lee Murphy, Patrick Stark (c) EFFECTIVE DATE.—The amendments (TX) Murphy, Tim Stearns The SPEAKER pro tempore. Is the gentleman opposed to the bill? made by this section shall apply to taxable Jenkins Murtha Stupak years ending after December 31, 2008. Johnson (GA) Myrick Sullivan Mr. GOHMERT. Yes, I do oppose the Johnson (IL) Nadler (NY) Sutton SEC. 3. FUNDING OF SOCIAL SECURITY TRUST bill, Madam Speaker. FUNDS WITH REPEALED TARP Johnson, E. B. Napolitano Tanner Mr. FRANK of Massachusetts. Johnson, Sam Neal (MA) Tauscher FUNDS. Jones Norton Taylor Madam Speaker, I reserve a point of (a) REPEAL OF FINAL $350 BILLION PURCHASE Jordan (OH) Nunes Teague order against the recommittal motion. AUTHORITY UNDER TROUBLED ASSETS RELIEF

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.020 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H414 CONGRESSIONAL RECORD — HOUSE January 21, 2009 PROGRAM.—Section 115 of the Emergency to rein in some of the actions by the Mr. GOHMERT. Madam Speaker, I Economic Stabilization Act of 2008 (12 U.S.C. Secretary of the Treasury. I think it’s would appeal the ruling of the Chair. 5225) is amended— well intentioned. But it directs the The SPEAKER pro tempore. The (1) in subsection (a), by striking paragraph Secretary of the Treasury to take ac- question is, Shall the decision of the (3); and (2) by striking subsections (c), (d), (e), and tion. So does the motion to recommit. Chair stand as the judgment of the (f). The bill itself attempts to direct the House? (b) TRANSFER TO SOCIAL SECURITY TRUST Treasury Secretary to take certain ac- MOTION TO TABLE FUNDS.— tions and to be more accountable, Mr. FRANK of Massachusetts. (1) ESTIMATE OF SECRETARY.—The Sec- whereas the motion to recommit di- retary of the Treasury (in consultation with Madam Speaker, I move to lay that ap- rects the Treasury Secretary in a dif- peal on the table. the Secretary of Health and Human Services ferent direction and says he must put The question was taken; and the and the Commissioner of Social Security, as the $350 billion back in the Treasury Speaker pro tempore announced that appropriate) shall estimate the impact that and allow a 2-month tax holiday so the the enactment of this Act has on the income the ayes appeared to have it. American taxpayer can bail out the and balances of the Federal Old-Age and Sur- RECORDED VOTE vivors Insurance Trust Fund, the Federal economy, not a Treasury Secretary. Disability Insurance Trust Fund, and the We’ve seen enough of that for the last Mr. GOHMERT. Madam Speaker, I Federal Hospital Insurance Trust Fund. 3 months. demand a recorded vote. (2) TRANSFER OF FUNDS.—If, under sub- So, Madam Speaker, I understand the A recorded vote was ordered. section (a), the Secretary of the Treasury es- chairman’s point of order. I believe it’s The vote was taken by electronic de- timates that the enactment of this Act has a inappropriate. But if there were a vote, vice, and there were—ayes 251, noes 176, negative impact on the income and balances even on a vote to table, the American not voting 6, as follows: of any of such funds, the Secretary shall taxpayers understand it’s a vote on [Roll No. 24] transfer from the general revenues of the Federal Government such sums as may be whether the Treasurer gets to trickle AYES—251 necessary so as to ensure that the income down on them or whether they get to Abercrombie Etheridge Markey (MA) and balances of such funds are not reduced as spend the money that they themselves Ackerman Farr Marshall a result of the enactment of this Act. earned and prop up the economy by Adler (NJ) Fattah Massa Altmire Filner Matheson SEC. 4. IMMEDIATE TERMINATION OF TARP PUR- whom they select. Andrews Foster Matsui CHASE AUTHORITY. The SPEAKER pro tempore. Does Arcuri Frank (MA) McCarthy (NY) (a) IN GENERAL.—The authorities provided any other Member wish to be heard on Baca Fudge McCollum under section 101(a) of the Emergency Eco- the point of order? Baird Giffords McDermott nomic Stabilization Act of 2008 (12 U.S.C. Mr. FRANK of Massachusetts. Baldwin Gillibrand McGovern 5211), excluding section 101(a)(3) of such Act, Madam Speaker, the argument is that Barrow Gonzalez McIntyre shall terminate immediately upon the enact- Bean Gordon (TN) McMahon ment of this Act. because the bill directs the Secretary Becerra Grayson McNerney (b) RULE OF CONSTRUCTION.—The termi- of the Treasury to do certain things Berkley Green, Al Meek (FL) nation under subsection (a) shall apply to that are within the jurisdiction of the Berman Green, Gene Meeks (NY) Berry Griffith Melancon any authority of the Secretary of the Treas- Financial Services Committee, it is Bishop (GA) Grijalva Michaud ury under the Emergency Economic Sta- therefore allowed if you want to direct Bishop (NY) Gutierrez Miller (NC) bilization Act of 2008 to purchase preferred the Secretary of the Treasury to do Blumenauer Hall (NY) Miller, George or other stock or equity in any financial in- anything. Now, it might, I suppose, be Boccieri Halvorson Minnick stitution. Boren Hare Mitchell (c) CONFORMING AMENDMENT.—The Emer- that the Secretary of Treasury could Boswell Harman Mollohan gency Economic Stabilization Act of 2008 is declare war on somebody under that Boyd Hastings (FL) Moore (KS) amended by striking section 120 (12 U.S.C. theory, except my colleagues there Brady (PA) Heinrich Moore (WI) Braley (IA) Higgins Moran (VA) 5230). don’t believe having any check on the Bright Hill Murphy (CT) Mr. GOHMERT (during the reading). executive power to declare war; so they Brown, Corrine Himes Murphy, Patrick Madam Speaker, I ask unanimous con- wouldn’t vote that. There is a clear Butterfield Hinchey Murtha violation here of the rules. Capps Hinojosa Nadler (NY) sent to waive the reading. Capuano Hirono Napolitano The SPEAKER pro tempore. Is there The gentleman from Texas then says, Cardoza Hodes Neal (MA) objection to the request of the gen- well, if you don’t vote to totally dis- Carnahan Holden Nye tleman from Texas? regard the rules of the House, because Carney Holt Oberstar this isn’t even a clear question by get- Carson (IN) Honda Obey There was no objection. Castor (FL) Hoyer Olver The SPEAKER pro tempore. The gen- ting into Ways and Means jurisdiction, Chandler Inslee Ortiz tleman from Texas is recognized for 5 then you must not like what I want. Childers Israel Pallone minutes. The notion that people who believe Clarke Jackson (IL) Pascrell Clay Jackson-Lee Pastor (AZ) POINT OF ORDER that the rules ought to be followed are Cleaver (TX) Payne Mr. FRANK of Massachusetts. somehow disagreeing with the sub- Clyburn Johnson (GA) Perlmutter Madam Speaker, I have a point of stance, of course, makes no sense. And, Cohen Johnson, E. B. Perriello order. in fact, if there were a real intent to do Connolly (VA) Kagen Peters Conyers Kanjorski Peterson The SPEAKER pro tempore. The gen- this, I would assume a bill to do it Cooper Kaptur Pingree (ME) tleman from Massachusetts will state would have been introduced and made Costa Kennedy Polis (CO) his point of order. available to the appropriate commit- Costello Kildee Pomeroy Mr. FRANK of Massachusetts. Courtney Kilpatrick (MI) Price (NC) tees. No bill’s been introduced. No seri- Crowley Kilroy Rahall Madam Speaker, having read the mo- ous effort has been made to do this. Cummings Kind Rangel tion, I insist on my point of order. I hope that the point of order is sus- Dahlkemper Kirkpatrick (AZ) Reyes It is not germane calling on spending tained. Davis (AL) Kissell Richardson under the jurisdiction of the Com- The SPEAKER pro tempore. The Davis (CA) Klein (FL) Rodriguez Davis (IL) Kosmas Ross mittee on Ways and Means and other Chair is prepared to rule. Davis (TN) Kratovil Rothman (NJ) matters entirely outside the jurisdic- The amendment offered by the gen- DeFazio Kucinich Roybal-Allard tion of the Financial Services Com- tleman from Texas, in pertinent part, DeGette Langevin Ruppersberger seeks to transfer funds to the Social Delahunt Larsen (WA) Rush mittee and mandating spending not DeLauro Larson (CT) Ryan (OH) covered by this bill. Security trust funds. Dicks Lee (CA) Salazar The SPEAKER pro tempore. Does the The bill, as amended, addresses the Dingell Levin Sa´ nchez, Linda gentleman from Texas wish to be heard distribution of TARP funds but does Doggett Lewis (GA) T. not broach the issue of the solvency of Donnelly (IN) Lipinski Sanchez, Loretta on the point of order? Doyle Loebsack Sarbanes Mr. GOHMERT. Yes, I do, Madam the various Social Security trust Driehaus Lofgren, Zoe Schakowsky Speaker. funds. Edwards (MD) Lowey Schauer The SPEAKER pro tempore. The gen- As such, the amendment fails the Edwards (TX) Luja´ n Schiff Ellison Lynch Schrader tleman is recognized. subject-matter test of germaneness. Ellsworth Maffei Schwartz Mr. GOHMERT. Madam Speaker, I The point of order is sustained. The Engel Maloney Scott (GA) applaud the chairman’s efforts to try motion is not in order. Eshoo Markey (CO) Scott (VA)

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.021 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H415 Serrano Sutton Walz linois, MCMAHON, RANGEL, and his final $350 billion. Voting for this Sestak Tanner Wasserman WEXLER changed their vote from motion to recommit is the only way to Shea-Porter Tauscher Schultz Sherman Taylor Waters ‘‘no’’ to ‘‘aye.’’ stop a new, expanded TARP program, Shuler Teague Watson So the motion to table was agreed to. which has spun out of control. Sires Thompson (CA) Watt The result of the vote was announced Like many of my colleagues, Madam Skelton Thompson (MS) Waxman as above recorded. Speaker, I voted for the Emergency Slaughter Tierney Weiner Smith (WA) Titus MOTION TO RECOMMIT OFFERED BY MR. Economic Stabilization Act to restore Welch Snyder Tonko Wexler BARRETT OF SOUTH CAROLINA liquidity and stability into America’s Space Towns Wilson (OH) Mr. BARRETT of South Carolina. financial system, allowing American Speier Tsongas Spratt Van Hollen Woolsey Madam Speaker, I have a motion to re- businesses access to credit that they Stark Vela´ zquez Wu commit at the desk. needed to obtain inventory and pur- Stupak Visclosky Yarmuth The SPEAKER pro tempore. Is the chase needed supplies and make a pay- NOES—176 gentleman opposed to the bill? roll. Simply put, the program, as it was Aderholt Foxx Miller (MI) Mr. BARRETT of South Carolina. In sold to Congress, was necessary to pre- Akin Franks (AZ) Miller, Gary its current form, I am. vent an even greater economic dis- Alexander Frelinghuysen Moran (KS) The SPEAKER pro tempore. The aster, and I am glad we haven’t seen Austria Gallegly Murphy, Tim Clerk will report the motion. the widespread financial turmoil that I Bachmann Garrett (NJ) Myrick believe was certain, had the govern- Bachus Gerlach Nunes The Clerk read as follows: Barrett (SC) Gingrey (GA) Olson Mr. Barrett of South Carolina moves to re- ment not taken unprecedented meas- Bartlett Gohmert Paul commit the bill H.R. 384 to the Committee ures during the extraordinary times. Barton (TX) Goodlatte Paulsen on Financial Services with instructions to However, at the same time, I agree Biggert Granger Pence report the same back to the House forthwith Bilbray Graves with my colleagues that the first $350 Petri with the following amendment: Bilirakis Guthrie Pitts billion was spent too hastily and hap- Bishop (UT) Hall (TX) Page 2, after the table of contents, insert hazardly and without the proper over- Platts the following new title (and redesignate sub- Blackburn Harper Poe (TX) sight. I have not yet seen that there Blunt Hastings (WA) sequent title, sections, and cross references Posey was a credible plan in place to assure Boehner Heller Price (GA) accordingly: Bonner Hensarling the taxpayer money was spent effec- Putnam TITLE I—TARP TERMINATION AND FULL Bono Mack Herger Radanovich tively and efficiently. I appreciate the Boozman Hoekstra REPAYMENT PLAN Rehberg Boustany Hunter fact that we are facing an unprece- Reichert SEC. 101. REPEAL OF 3RD TRANCHE OF TARP Brady (TX) Inglis dented emergency economic situation, Roe (TN) FUNDS. Broun (GA) Issa Rogers (AL) (a) IN GENERAL.—Section 115(a) of the but trial and error, Madam Speaker, is Brown (SC) Jenkins Rogers (KY) Emergency Economic Stabilization Act of simply not an acceptable strategy for Brown-Waite, Johnson (IL) Rogers (MI) Ginny Johnson, Sam 2008 (12 U.S.C. 5225(a)) is amended by striking spending taxpayers’ hard-earned dol- Rohrabacher Buchanan Jones paragraph (3). lars. Rooney Burgess Jordan (OH) (b) TECHNICAL AND CONFORMING AMEND- Now, a brand new administration is Ros-Lehtinen Burton (IN) King (IA) MENTS.—Section 115 of the Emergency Eco- Roskam asking for more taxpayer money to see Buyer King (NY) nomic Stabilization Act of 2008 (12 U.S.C. Calvert Kingston Royce if they can do a better job. While I ap- Ryan (WI) 5225(a)) is amended by striking subsections Camp Kirk (c), (d), (e), and (f). preciate that we should not punish the Campbell Kline (MN) Scalise new TARP implementation team for Schmidt SEC. 102. TAXPAYER REBATES. Cantor Lamborn the poor planning of the prior group, Cao Lance Schock (a) PLAN AND TIMETABLE REQUIRED.—The Capito Latham Sensenbrenner Secretary of the Treasury shall develop a we owe it to the American taxpayer to Carter LaTourette Sessions plan and establish a timetable for the repay- take our time and examine their plans Cassidy Latta Shadegg Shimkus ment to the United States Government of all more closely before we throw more Castle Lee (NY) assistance provided under the Emergency money in an unsuccessful foreclosure Chaffetz Lewis (CA) Shuster Coble Linder Simpson Economic Stabilization Act of 2008 to any in- mitigation program. I think it’s only Coffman (CO) LoBiondo Smith (NE) stitution. fair that we take a step back before we Cole Lucas Smith (NJ) (b) REPORT REQUIRED.—The Secretary of further expand TARP to prop up more Conaway Luetkemeyer Smith (TX) the Treasury shall submit a report to the Crenshaw Lummis Souder Congress on the plan developed and the time- failing businesses. Cuellar Lungren, Daniel Stearns table established under subsection (a). Madam Speaker, I hope my col- Culberson E. Sullivan leagues agree that before continuing Davis (KY) Mack Terry Mr. BARRETT of South Carolina down a path toward greater govern- Thompson (PA) Deal (GA) Manzullo (during the reading). I ask unanimous ment intervention, we fully consider Dent Marchant Thornberry consent to waive the reading of the mo- Diaz-Balart, L. McCarthy (CA) Tiahrt all of our options. We need to stop the Diaz-Balart, M. McCaul Turner tion. expansion of the TARP, and consid- Dreier McClintock Upton The SPEAKER pro tempore. Is there ering the actions of the Senate last Walden Duncan McCotter objection to the request of the gen- week, this motion to recommit is our Ehlers McHenry Wamp tleman from South Carolina? Emerson McHugh Westmoreland best, the House’s best, and only option. Fallin McKeon Whitfield There was no objection. Our economic situation, while still Flake McMorris Wilson (SC) The SPEAKER pro tempore. The gen- critical, has stabilized from where it Wittman Fleming Rodgers tleman from South Carolina is recog- was this fall. We now have the time Forbes Mica Wolf nized for 5 minutes. Fortenberry Miller (FL) Young (FL) and the responsibility to fully consider Mr. BARRETT of South Carolina. NOT VOTING—6 whether this program is the best way Madam Speaker, this is a common- to get our troubled financial sector Boucher Neugebauer Tiberi sense motion to recommit that is very Herseth Sandlin Solis (CA) Young (AK) working and allow our economy to re- straightforward and simple. The mo- cover. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion would repeal the third and final In closing, Madam Speaker, I ask my The SPEAKER pro tempore (during payment of the funds to the Troubled colleagues to join me in protecting the the vote). There are 2 minutes remain- Assets Relief Program, or TARP. It American taxpayer by voting for this ing in this vote. will require the Secretary of the Treas- motion to recommit to stop the next ury to develop a plan and a timetable b 1605 $350 billion from going out the door and for all TARP recipients to pay back the to make sure that we are paid back for Mrs. SCHMIDT, Messrs. PUTNAM, taxpayer. Let me say that again. It the first $350 billion. JOHNSON of Illinois, GRAVES, would require the Secretary of the I yield back the balance of my time. FLAKE, and CUELLAR changed their Treasury to develop a plan and a time- Mr. FRANK of Massachusetts. vote from ‘‘aye’’ to ‘‘no.’’ table for all TARP recipients to pay Madam Speaker, I rise to speak in op- Mrs. HALVORSON, Ms. KIL- back the American taxpayer. position to the motion to recommit PATRICK of Michigan, Mrs. Given that the Senate has already re- and in defense of George Bush. MALONEY, Ms. BERKLEY, Messrs. jected this Joint Resolution of Dis- The SPEAKER pro tempore. The gen- HASTINGS of Florida, JACKSON of Il- approval, President Obama will receive tleman is recognized for 5 minutes.

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.025 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H416 CONGRESSIONAL RECORD — HOUSE January 21, 2009 Mr. FRANK of Massachusetts. I Not all of them, but their leadership other policy mistakes, it would explicitly ap- would have thought my Republican and many of them voted for the TARP. prove the use of TARP to bail out the auto colleagues would have waited a little They couldn’t wait for George Bush to manufacturers as well as expanding the pro- gram into several other new areas. bit more than 28 hours to so thor- leave town so they can throw off the Frank hopes that with his legislation, Con- oughly repudiate George Bush. What shackles of responsible public policy. gress will see fit to approve TARP’S second this motion says is that George Bush Now they can simply revel in their neg- $350 billion for use by the incoming Obama used the authority to deploy $350 bil- ativism. They can vote to kill the pro- Administration. However, there is no good lion ‘‘so badly’’—direct quotes—‘‘so gram today and tomorrow to show reason to approve the request for additional hastily, so haphazardly, so without a George Bush how much they don’t like TARP funding under any foreseeable cir- plan, that nothing will fix it.’’ him. cumstances, and Frank’s bill only adds more reasons for the additional funding request to Basically, we are told that President And what particularly is their prob- be denied. Bush drove the car so recklessly that lem? Well, one of the things many of us H.R. 384 is a compilation of responses to we have to junk it. That because Presi- on this side think was the greatest sin- congressional criticisms of the TARP pro- dent Bush so misused these tools, we gle problem of the Bush administration gram, fixes to previous attempts to address have to deny them to a new President. was not doing foreclosure mitigation. housing foreclosures, attempts to revive Let’s be very clear. The TARP has The Obama administration has com- housing sales, and various other miscella- taken on in the minds of some of my mitted that if they get this second $350 neous provisions. A few of those provisions are good policy moves, such as making per- colleagues on the other side an odd billion, which the Senate vote means manent the temporary increase in FDIC and shape. It has become alive. It’s sort of they will get, they will do foreclosure NCUA deposit insurance coverage to $250,000. a horror movie in their minds. The mitigation. But here is the problem of Unfortunately, most of the other provisions TARP is this thing that has its own this conservative dominated Repub- would only make matters worse. will. lican Party: The most recent paper POLICY ERRORS IN THE FRANK LEGISLATION No, the TARP is not something with from the Heritage Foundation says, Increased Interference in Corporate Deci- its own will. It’s a set of policies. don’t do foreclosure mitigation; it is a sions: H.R. 384 authorizes the government to George Bush’s administration used waste of time and money. The Wall have an ‘‘observer’’ in the board meetings of them badly. Not, I think, as badly as Street Journal editorial board, another financial institutions that have accepted my Republican colleagues say. That is TARP funds. This is a far step from pledges source of great guidance for my col- that any government investments through why I think I am defending them. He leagues over there, says, don’t do fore- TARP funds would be passive, and it opens didn’t permanently destroy this. closure mitigation. the way for additional political takeovers of There are a number of things that They are torn. They have to put in financial institutions. the past President did that I don’t like. the recommit that they can find some Expansion of TARP into New Areas: I was not a great fan of the Bush for- reason to vote for because they don’t Frank’s bill not only retroactively approves eign policy. But I don’t think we want to have to choose between the de- the highly questionable use of TARP into bailing out GM and Chrysler; it also expands should repeal the State Department. I mand of a large number of Americans the program into consumer loans, student think Obama should have a chance to for foreclosure mitigation and the ar- loans, commercial real estate, and municipal have a good foreign policy. So that is guments of the Heritage Foundation securities. The language makes it clear that the first part of this. The criticisms and the Wall Street Journal that they TARP will be held accountable for ensuring made of the Bush administration, shouldn’t do this. So what do they do? that these types of loans are made available. wholly irrelevant to what the Obama They advance the disapproval vote This is a further step toward government administration will do. from tomorrow to today because they micro-management of lending decisions. As to the timing, the Bush adminis- Even worse, the Fed has already addressed don’t want to do this. some of these problems, and there is no evi- tration acceded to the wish of the By the way, the Wall Street Journal dence that the situation will be improved by Obama administration to release the and the Heritage Foundation also are additional TARP programs. funds. Apparently, the Bush adminis- critical of other things. The Wall New Foreclosure Programs: Congress has tration agreed with the Obama admin- Street Journal says, how dare we try to already passed a wildly unsuccessful pro- istration that delay would be a serious give money to community banks; how gram to help homeowners who are facing problem. Had the Bush administration dare we talk about auto industry help foreclosure, and H.R. 384 attempts to both fix not waited, we might have had more the earlier program and to set up another or auto dealers, or loans to others in one. Last year’s Hope for Homeowners pro- time. The President, to his credit, America. gram initially promised to help almost 2 mil- President Bush, accommodated Presi- The Bush administration—and I give lion homeowners, but in operation, it has dent Obama, unlike my colleagues who the gentleman from South Carolina, it helped fewer than 500. The bill both tinkers now want to cut him off at the knees was better that we passed it than that with the existing program and promises at early on. we didn’t. But the Bush administration least $40 billion for a new one to be managed I have another problem, Mr. Chair- made several errors: They didn’t put by the FDIC. Unfortunately, both proposals man. This motion today is a motion to any real controls on how the money still face the same problems, namely the di- verse ownership of mortgages caused by end the program. Guess what we will that they infused was spent; they did vote on tomorrow? A motion to end the securitizing them into mortgage-backed se- too little on compensation; they didn’t curities. The Frank bill lists several options program. Having wasted the House’s do anything about foreclosure. for this program in the hopes that the new time with a blatantly nongermane President Bush agreed with President Treasury secretary can come up with a more rule, recommittal, they now come up Obama that there was still a need for effective approach, but all of them face such with a blatantly unnecessary one be- the money. We here want to pass a bill severe logistical obstacles that the provision cause the exact vote we are having that instructs them to use it better. I is more wishful thinking than anything else. today, we will have tomorrow. do not think that your desire to dis- Use the Fed for Future Crises. The finan- cial market dangers that led to the TARP b 1615 sociate from George Bush should lead program, however, are far from over and you to cripple the Obama administra- And so why do they do this? Why could yet require additional governmental tion. action. U.S. and international credit mar- would they ask for the same vote? kets are still undergoing a wrenching re- They have a dilemma. [From the Heritage Foundation’s Web Memo, Jan. 14, 2009] structuring and repricing of financial assets Let’s be very clear. Responsibility, as markets adapt to the ending of excessive TARP: FRANK’S BILL UNDERSCORES which comes with it sometimes making and risky borrowing. It is possible for an- WEAKNESSES OF THIS BAILOUT PROGRAM decisions that can be in the short term other short-term crisis to once again cause difficult, in the minds of some—respon- (By David C. John) financial markets to seize up. sibility sits uneasily on the shoulders More is not better. Efforts by Chairman However, the first line of defense against of many of my Republican colleagues, Barney Frank (D–MA) of the House Finan- these dangers should be the Federal Reserve cial Services Committee to ‘‘improve’’ the Board under its wide, existing powers—not particularly the most conservative. Treasury’s Troubled Asset Relief Program TARP. While some of the Fed’s actions in re- When they had a President they were (TARP) in the TARP Reform and Account- cent months have been disconcerting, it is supposed to support, they had to do ability Act of 2009 (H.R. 384) would unfortu- still the most appropriate institution to ad- things that made them uncomfortable. nately just make the program worse. Among dress short-term dislocation in the financial

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.065 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H417 system. The Fed is also insulated from the Then there’s the Treasury’s request for the The SPEAKER pro tempore. The political and lobbying pressures that have second $350 billion in Troubled Asset Relief question is on the motion to recommit. caused TARP to range far and wide from its Program (TARP) cash. This commitment to original purpose. As the Frank legislation backstop the financial system ought to be The question was taken; and the demonstrates, TARP is seen as almost a reassuring, especially for financial stocks. Speaker pro tempore announced that slush fund that is available both to respond Yet in requesting the funds, Obama transi- the noes appeared to have it. to real crises and to address politically sen- tion aide Larry Summers indulged in famil- Mr. BARRETT of South Carolina. sitive areas. However, the Fed has the abil- iar scare rhetoric about ‘‘a potential catas- ity to only focus on real situations that re- trophe.’’ Madam Speaker, on that I demand the quire its intervention while also avoiding po- Congress also seems eager to use TARP II yeas and nays. litical pressure. Rather than adding still to bail out any and all industries that have The yeas and nays were ordered. more money to this increasingly untargeted powerful enough patrons. The car makers are TARP, Congress should just rely on the Fed already in line for a bigger chunk, and Bar- The SPEAKER pro tempore. Pursu- to address any future emergencies. ney Frank’s draft bill orders Treasury to line ant to clause 9 of rule XX, the Chair Time to End TARP. Regardless of valid up community banks for a taste—whether will reduce to 5 minutes the minimum criticisms about its day-to-day management they pose a larger risk to the banking sys- and many specific efforts, TARP did achieve time for any electronic vote on the tem, or not. its short term purpose of heading off a finan- question of passage. Democrats are also insisting that as much cial catastrophe. However, as the Frank leg- as $100 billion go to prevent more home fore- The vote was taken by electronic de- islation shows, its future use will be as an in- closures, though this will have little impact vice, and there were—yeas 199, nays creasingly unfocused and under-supervised fund to help politically active constitu- on housing prices. The evidence from the last 228, not voting 6, as follows: two years is that foreclosure mitigation encies. It is time to lay TARP to rest and to [Roll No. 25] move onto other more urgent priorities. often merely delays a reckoning because many of these homeowners never could af- YEAS—199 ford the home in the first place. Meanwhile, [From the Wall Street Journal, Jan. 15, 2009] Aderholt Ellsworth Marchant Mr, Frank, the Dr. Kevorkian of capital in- LEADERSHIP AND PANICS Akin Emerson Matheson jections, wants to impose new management Alexander Fallin McCarthy (CA) Stocks took another header yesterday, and compensation restrictions on any insti- Altmire Flake McCaul nearly 3% on the Dow this time, continuing tution that gets TARP money, whether it is Arcuri Fleming McClintock their decline in the New Year since Congress well-managed or not. The bankruptcy Austria Forbes McCotter Bachmann Fortenberry McHenry has returned and as the federal government ‘‘cramdown’’ now streaking through Con- Once again revs up its bailout machinery. Bachus Foxx McHugh gress will also impose more losses that will Barrett (SC) Franks (AZ) McIntyre Maybe this isn’t a coincidence. destroy more bank capital. Barrow Frelinghuysen McKeon With Barack Obama about to take the oath Mr. Obama has threatened to veto any Bartlett Gallegly McMorris of office, this ought to be a moment for Congressional vote of disapproval for TARP Barton (TX) Garrett (NJ) Rodgers fresh, more consistent economic leadership. Biggert Gerlach Melancon II, so Treasury will get its cash. But if the Instead, we’re getting a new version of the Bilbray Gingrey (GA) Mica money is squandered on foreclosures and same ad hoc policy and scare-tactics that Bilirakis Gohmert Michaud nonfinancial industries, the Obama Adminis- Bishop (UT) Goodlatte Miller (FL) marked 2008. No clear spokesman or leader tration is setting itself up to need TARP III Blackburn Granger Miller (MI) has emerged with a strategy to rebuild the or TARP IV down the road. Asset values are Blunt Graves Miller, Gary financial system, and now Mr. Obama’s term Boehner Griffith Minnick going to continue to fall until they find a may begin without a Treasury Secretary (see Bonner Guthrie Mitchell below). This is no way to start a recovery— market bottom, and no declaration of Con- Bono Mack Hall (TX) Moran (KS) gress can make them stop in mid-descent. Boozman Halvorson Murphy, Tim or a Presidency. Boustany Harper Myrick Consider Fed Chairman Ben Bernanke, who There are going to be more bank failures. We supported TARP as a way to prevent a Brady (TX) Hastings (WA) Nunes used a London speech on Tuesday to pat the Bright Heller Nye Fed on the back as the Horatio at the Bridge financial meltdown, providing public capital Broun (GA) Hensarling Olson of this panic. This would have been appro- to help regulators manage problem banks, Brown (SC) Herger Paul priate for a Princeton seminar a couple of arrange mergers, and work off bad assets. Brown-Waite, Herseth Sandlin Paulsen Ginny Hill Pence years from now. Amid the current uncer- TARP has since become a cash pool for all and sundry, casting a pall over the entire fi- Buchanan Hodes Petri tainty, however, he succeeded mainly in sug- Burgess Hoekstra Pitts gesting that the financial system is in even nancial system. Mr. Obama would make Burton (IN) Hunter Platts worse shape than we thought, the President- more progress against recession if he steered Buyer Issa Poe (TX) elect’s ‘‘stimulus’’ isn’t sufficient, and thus the TARP back to the purpose that Paul Calvert Jenkins Posey Camp Johnson (IL) Price (GA) more of Mr. Bernanke’s policy magic will be Volcker and Eugene Ludwig first proposed on these pages—as a resolution agency on Cantor Johnson, Sam Putnam needed to save the day. Cao Jones Radanovich ‘‘With the worsening of the economy’s the model of the Resolution Trust Corp. of Capito Jordan (OH) Rehberg growth prospects, continued credit losses the 1990s. Working in tandem with the Fed- Carney Kaptur Reichert and asset markdowns may maintain for a eral Deposit Insurance Corp., such an outfit Carter King (IA) Roe (TN) time the pressure on the capital and balance could close problem banks before they col- Cassidy King (NY) Rogers (AL) lapse, serve as a holding and workout agency Castle Kingston Rogers (KY) sheet capacities of financial institutions,’’ Chaffetz Kirk Rogers (MI) he declared. ‘‘Consequently, more capital in- for bad assets, and then sell them back over Chandler Kline (MN) Rohrabacher jections and guarantees may be necessary to time into private hands. Childers Kratovil Rooney ensure stability and the normalization of A new TARP should also have a leader of Coble Lamborn Ros-Lehtinen credit markets.’’ Message: There’s more recognized stature and independence—not a Coffman (CO) Lance Roskam Cole Latham Royce mayhem to come, but don’t worry, the Fed 30-something assistant secretary—who isn’t Conaway LaTourette Ryan (WI) can keep printing money and buying private afraid to take the heat and can also reassure Crenshaw Latta Scalise assets. No wonder the world is scared half to the public. Mr. Volcker would be ideal for Culberson Lee (NY) Schmidt death. the job, and for that matter for overseeing Davis (KY) Lewis (CA) Schock The Fed has been creating new vehicles the design of a new, sturdier financial sys- Deal (GA) Linder Sensenbrenner right and left for nearly 18 months, so the DeFazio LoBiondo Sessions tem. Down the current road lies more uncer- Dent Lucas Shadegg problem isn’t a lack of liquidity. The prob- tainty, and more market selloffs. Diaz-Balart, L. Luetkemeyer Shimkus lem is that too few people want to use the li- The SPEAKER pro tempore. Without Diaz-Balart, M. Lummis Shuler quidity the Fed is creating. They don’t want Doggett Lungren, Daniel Shuster to lend money, or take risks, in part because objection, the previous question is or- Dreier E. Simpson they never know what Mr. Bernanke and the dered on the motion to recommit. Duncan Mack Smith (NE) Ehlers Manzullo Smith (NJ) government might do next. There was no objection.

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.034 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H418 CONGRESSIONAL RECORD — HOUSE January 21, 2009 Smith (TX) Thornberry Whitfield b 1634 Fudge Luja´ n Rush Stearns Tiahrt Wilson (SC) Giffords Lynch Ryan (OH) Sullivan Turner Wittman Mrs. HALVORSON changed her vote Gillibrand Maffei Salazar Taylor Upton Wolf from ‘‘nay’’ to ‘‘yea.’’ Gonzalez Maloney Sa´ nchez, Linda Teague Walden Young (FL) So the motion to recommit was re- Gordon (TN) Markey (CO) T. Terry Wamp Grayson Markey (MA) Sanchez, Loretta Thompson (PA) Westmoreland jected. Green, Al Massa Sarbanes The result of the vote was announced Green, Gene Matheson Schakowsky NAYS—228 as above recorded. Griffith Matsui Schauer Grijalva McCarthy (NY) Schiff (By unanimous consent, Mr. COBLE Abercrombie Gutierrez Ortiz Gutierrez McCollum Schock Ackerman Hall (NY) Pallone was allowed to speak out of order.) Hall (NY) McCotter Schrader Halvorson McDermott Adler (NJ) Hare Pascrell MOMENT OF SILENCE IN MEMORY OF THE HONOR- Schwartz Andrews Harman Pastor (AZ) Hare McGovern ABLE HORACE R. KORNEGAY, FORMER MEMBER Scott (GA) Baca Hastings (FL) Payne Harman McMahon Scott (VA) OF CONGRESS Baird Heinrich Perlmutter Hastings (FL) McNerney Serrano Baldwin Higgins Perriello Mr. COBLE. Madam Speaker and col- Heinrich Meek (FL) Sestak Bean Himes Peters leagues, I regret to inform the House of Herseth Sandlin Meeks (NY) Shea-Porter Higgins Melancon Becerra Hinchey Peterson Sherman the passing of a former Member of this Hill Michaud Berkley Hinojosa Pingree (ME) Sires body, Horace Kornegay. Horace was Himes Miller (MI) Berman Hirono Polis (CO) Skelton Hinchey Miller (NC) Berry Holden Pomeroy elected as a Democrat to the 87th Con- Slaughter Hinojosa Miller, George Bishop (GA) Holt Smith (WA) Price (NC) gress and the three succeeding Con- Hirono Mitchell Bishop (NY) Snyder Honda Rahall gresses. He did not seek reelection in Hodes Mollohan Souder Blumenauer Hoyer Rangel Hoekstra Moore (KS) 1968 and became the vice president and Space Boccieri Inglis Reyes Holt Moore (WI) counsel, then president, and subse- Speier Boren Inslee Richardson Honda Moran (VA) Spratt Boswell Israel Rodriguez quently chairman of the Tobacco Insti- Hoyer Murphy (CT) Boyd Jackson (IL) Ross tute. He returned to Greensboro, North Inslee Murphy, Patrick Stark Stupak Brady (PA) Jackson-Lee Rothman (NJ) Carolina, in January of 1987 and re- Israel Murtha Braley (IA) (TX) Roybal-Allard Jackson (IL) Nadler (NY) Sutton Brown, Corrine Johnson (GA) Ruppersberger sumed the practice of law and re- Jackson-Lee Napolitano Tanner Butterfield Johnson, E. B. Rush mained there until his passing today. (TX) Neal (MA) Tauscher Campbell Kagen Ryan (OH) Madam Speaker, I would ask the Johnson (GA) Nye Teague Thompson (CA) Capps Kanjorski Salazar Johnson, E. B. Oberstar Chair to allow a moment of silence in Thompson (MS) Capuano Kennedy Sa´ nchez, Linda Kagen Obey Tierney Cardoza Kildee T. memory of Horace Kornegay. Kanjorski Olver Titus Carnahan Kilpatrick (MI) Sanchez, Loretta The SPEAKER pro tempore. Mem- Kaptur Ortiz Tonko Carson (IN) Kilroy Sarbanes Kennedy Pallone bers please rise to observe a moment of Towns Castor (FL) Kind Schakowsky Kildee Pascrell silence in respect to our departed col- Tsongas Clarke Kirkpatrick (AZ) Schauer Kilpatrick (MI) Pastor (AZ) Turner Clay Kissell league. Kilroy Payne Schiff Upton Cleaver Klein (FL) Schrader ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Kind Perlmutter Kissell Perriello Van Hollen Clyburn Kosmas Schwartz The SPEAKER pro tempore. Without Klein (FL) Peters Vela´ zquez Cohen Kucinich Scott (GA) Kosmas Pingree (ME) Visclosky Connolly (VA) Langevin Scott (VA) objection, 5-minute voting will con- Kratovil Polis (CO) Walz Conyers Larsen (WA) tinue. Serrano Kucinich Pomeroy Wasserman Cooper Larson (CT) Sestak There was no objection. Lance Price (NC) Schultz Costa Lee (CA) Shea-Porter The SPEAKER pro tempore. The Langevin Rahall Waters Costello Levin Sherman question is on the passage of the bill. Larsen (WA) Rangel Watson Courtney Lewis (GA) Sires Larson (CT) Reichert Watt Crowley Lipinski Skelton The question was taken; and the LaTourette Reyes Waxman Cuellar Loebsack Slaughter Speaker pro tempore announced that Lee (CA) Richardson Weiner Cummings Lofgren, Zoe Smith (WA) the ayes appeared to have it. Levin Rodriguez Welch Dahlkemper Lowey Snyder Lewis (GA) Rogers (MI) Wexler Davis (AL) Luja´ n Space RECORDED VOTE Lipinski Ross Wilson (OH) Davis (CA) Lynch Speier Mr. FRANK of Massachusetts. Loebsack Rothman (NJ) Woolsey Davis (IL) Maffei Spratt Madam Speaker, I demand a recorded Lofgren, Zoe Roybal-Allard Wu Davis (TN) Maloney Stark vote. Lowey Ruppersberger Yarmuth DeGette Markey (CO) Stupak Delahunt Markey (MA) Sutton A recorded vote was ordered. NOES—166 DeLauro Marshall The SPEAKER pro tempore. This Tanner Aderholt Chaffetz Holden Dicks Massa Tauscher will be a 5-minute vote. Akin Coble Hunter Dingell Matsui Thompson (CA) The vote was taken by electronic de- Alexander Coffman (CO) Inglis Donnelly (IN) McCarthy (NY) Thompson (MS) vice, and there were—ayes 260, noes 166, Altmire Cole Issa Doyle McCollum Tierney Austria Conaway Jenkins Driehaus McDermott Titus not voting 7, as follows: Bachmann Crenshaw Johnson (IL) Edwards (MD) McGovern Tonko [Roll No. 26] Bachus Culberson Johnson, Sam Edwards (TX) McMahon Towns Barrett (SC) Davis (KY) Jones Ellison McNerney Tsongas AYES—260 Bartlett Deal (GA) Jordan (OH) Engel Meek (FL) Van Hollen Abercrombie Campbell Davis (IL) Barton (TX) Dent King (IA) Eshoo Meeks (NY) Vela´ zquez Ackerman Capps Davis (TN) Biggert Dreier King (NY) Etheridge Miller (NC) Visclosky Adler (NJ) Capuano DeFazio Bilbray Duncan Kingston Farr Miller, George Walz Andrews Cardoza DeGette Bilirakis Emerson Kirk Fattah Mollohan Wasserman Arcuri Carnahan Delahunt Bishop (UT) Fallin Kirkpatrick (AZ) Filner Moore (KS) Schultz Baca Carney DeLauro Blackburn Flake Kline (MN) Foster Moore (WI) Waters Baird Carson (IN) Diaz-Balart, L. Blunt Fleming Lamborn Frank (MA) Moran (VA) Watson Baldwin Castle Diaz-Balart, M. Boehner Forbes Latham Fudge Murphy (CT) Watt Barrow Castor (FL) Dicks Bonner Fortenberry Latta Giffords Murphy, Patrick Waxman Bean Chandler Dingell Bono Mack Foxx Lee (NY) Gillibrand Murtha Weiner Becerra Childers Doggett Boozman Franks (AZ) Lewis (CA) Gonzalez Nadler (NY) Welch Berkley Clarke Donnelly (IN) Boustany Frelinghuysen Linder Berman Clay Doyle Brady (TX) Gallegly LoBiondo Gordon (TN) Napolitano Wexler Berry Cleaver Driehaus Bright Garrett (NJ) Lucas Grayson Neal (MA) Wilson (OH) Bishop (GA) Clyburn Edwards (MD) Broun (GA) Gerlach Luetkemeyer Green, Al Oberstar Woolsey Bishop (NY) Cohen Edwards (TX) Brown (SC) Gingrey (GA) Lummis Green, Gene Obey Wu Blumenauer Connolly (VA) Ehlers Brown-Waite, Gohmert Lungren, Daniel Grijalva Olver Yarmuth Boccieri Cooper Ellison Ginny Goodlatte E. Boren Costa Ellsworth Burgess Granger Mack NOT VOTING—6 Boswell Costello Engel Burton (IN) Graves Manzullo Boucher Solis (CA) Tiberi Boyd Courtney Eshoo Buyer Guthrie Marchant Neugebauer Souder Young (AK) Brady (PA) Crowley Etheridge Calvert Hall (TX) Marshall Braley (IA) Cuellar Farr Cantor Harper McCarthy (CA) Brown, Corrine Cummings Fattah Cao Hastings (WA) McCaul ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Buchanan Dahlkemper Filner Capito Heller McClintock The SPEAKER pro tempore (during Butterfield Davis (AL) Foster Carter Hensarling McHenry Camp Davis (CA) Frank (MA) Cassidy Herger McHugh the vote). There are 2 minutes remain- ing on this vote.

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.032 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H419 McIntyre Price (GA) Simpson CONGRESS OF THE UNITED STATES, watched to see our students celebrate McKeon Putnam Smith (NE) HOUSE OF REPRESENTATIVES, the inauguration and take their place McMorris Radanovich Smith (NJ) Washington, DC, January 15, 2009. Rodgers Rehberg in this historic moment. Smith (TX) Speaker NANCY PELOSI, Mica Roe (TN) I again congratulate them on their Stearns U.S. Capitol, Miller (FL) Rogers (AL) Sullivan Washington, DC. fine performance, and thank them for Miller, Gary Rogers (KY) Taylor DEAR SPEAKER PELOSI: With my election to coming to Washington. Minnick Rohrabacher Terry Moran (KS) Rooney Thompson (PA) the Committee on Rules, I resign, effective f Murphy, Tim Ros-Lehtinen Thornberry immediately, from the Committees on Edu- Myrick Roskam Tiahrt cation and Labor, Oversight and Government SPECIAL ORDERS Nunes Royce Reform and Agriculture. I appreciate the Olson Ryan (WI) Walden The SPEAKER pro tempore (Mr. Wamp honor of serving on these committees rep- Paul Scalise BRIGHT). Under the Speaker’s an- Paulsen Schmidt Westmoreland resenting the people of the Fifth District of Pence Sensenbrenner Whitfield North Carolina and our great Nation. nounced policy of January 6, 2009, and Peterson Sessions Wilson (SC) Sincerely, under a previous order of the House, Petri Shadegg Wittman VIRGINIA FOXX, the following Members will be recog- Pitts Shimkus Wolf Member of Congress. nized for 5 minutes each. Platts Shuler Young (FL) Posey Shuster The SPEAKER pro tempore. Without f objection, the resignation is accepted. NOT VOTING—7 There was no objection. PUBLICATION OF THE RULES OF Boucher Poe (TX) Young (AK) THE COMMITTEE ON ARMED f Conyers Solis (CA) SERVICES 111TH CONGRESS Neugebauer Tiberi RESIGNATION AS MEMBER OF The SPEAKER pro tempore. Under a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE COMMITTEE ON THE BUDGET previous order of the House, the gen- The SPEAKER pro tempore (during The SPEAKER pro tempore laid be- tleman from Missouri (Mr. SKELTON) is the vote). There are 2 minutes remain- fore the House the following resigna- recognized for 5 minutes. ing on this vote. tion as a member of the Committee on Mr. SKELTON. Mr. Speaker, in accordance the Budget: b 1644 with clause 2 of rule XI of the Rules of the CONGRESS OF THE UNITED STATES, House, I respectfully submit the rules of the So the bill was passed. HOUSE OF REPRESENTATIVES, Committee on Armed Services for printing in Washington, DC, January 21, 2009. The result of the vote was announced the CONGRESSIONAL RECORD. On January 14, DEAR SPEAKER PELOSI: I resign, effective as above recorded. 2009, the Committee on Armed Services A motion to reconsider was laid on immediately, from the Committee on the Budget. I have appreciated the honor of serv- adopted by a unanimous vote, a quorum being the table. ice on this committee representing the peo- present, the following rules: Stated for: ple of Louisiana and our great Nation. RULE 1. APPLICATION OF HOUSE RULES Mr. CONYERS. Madam Speaker, on rollcall Sincerely, The Rules of the House of Representatives No. 26, final passage of H.R. 384, I was un- RODNEY ALEXANDER, are the rules of the Committee on Armed able to vote. Had I been present, I would have Member of Congress. Services (hereinafter referred to in these voted ‘‘aye.’’ The SPEAKER pro tempore. Without rules as the ‘‘Committee’’) and its sub- Stated against: objection, the resignation is accepted. committees so far as applicable. Mr. POE of Texas. Madam Speaker, on roll- There was no objection. RULE 2. FULL COMMITTEE MEETING DATE call No. 26, had I been present, I would have f (a) The Committee shall meet every voted ‘‘no.’’ CONGRATULATING GREEN VALLEY Wednesday at 10:00 a.m., when the House of Representatives is in session, and at such f HIGH SCHOOL BAND other times as may be fixed by the Chairman (Ms. TITUS asked and was given per- of the Committee (hereinafter referred to as AUTHORIZING THE CLERK TO mission to address the House for 1 the ‘‘Chairman’’), or by written request of MAKE CORRECTIONS IN EN- minute and to revise and extend her re- members of the Committee pursuant to GROSSMENT OF H.R. 384, TARP marks.) clause 2(c) of rule XI of the Rules of the REFORM AND ACCOUNTABILITY Ms. TITUS. Mr. Speaker, I rise today House of Representatives. ACT OF 2009 (b) A Wednesday meeting of the Committee to congratulate the Green Valley High may be dispensed with by the Chairman, but Mr. FRANK of Massachusetts. School Marching Band and Flag Team such action may be reversed by a written re- Madam Speaker, I ask unanimous con- on their magnificent performance yes- quest of a majority of the members of the sent that the Clerk be authorized to terday in the inaugural parade. They Committee. make technical corrections in the en- joined with high schools from every RULE 3. SUBCOMMITTEE MEETING DATES grossment of H.R. 384, to include cor- State in the Union to welcome our new Each subcommittee is authorized to meet, rections in spelling, punctuation, sec- President, Barack Obama. hold hearings, receive evidence, and report tion numbering and cross-referencing, The countless hours of practice and to the Committee on all matters referred to and the insertion of appropriate head- hard work were evident during their it. Insofar as possible, meetings of the Com- ings. We would not want inappropriate wonderful performance that warmed mittee and its subcommittees shall not con- headings in our bill, Madam Speaker. the spirit on a cold Washington day. flict. A subcommittee Chairman shall set meeting dates after consultation with the The SPEAKER pro tempore. Is there Led by director Diane Koutsulis, the Green Valley students livened up an al- Chairman, other subcommittee Chairmen, objection to the request of the gen- and the Ranking Minority Member of the tleman from Massachusetts? ready festive crowd with their ren- subcommittee with a view toward avoiding, There was no objection. dition of Viva Las Vegas, bringing a whenever possible, simultaneous scheduling hometown touch to our Nation’s Cap- of Committee and subcommittee meetings or f ital. hearings. I had the pleasure of welcoming the RULE 4. JURISDICTION AND MEMBERSHIP OF b 1645 band to Washington on Monday, and COMMITTEE AND SUBCOMMITTEES saw the enthusiasm in their faces. For RESIGNATION AS MEMBER OF (a) Jurisdiction many, it seemed the performance was (1) The Committee retains jurisdiction of COMMITTEES ON EDUCATION really the easy part. Early morning all subjects listed in clause 1(c) and clause AND LABOR, OVERSIGHT AND flights, cold weather and countless 3(b) of rule X of the Rules of the House of GOVERNMENT REFORM AND AG- hours spent raising money for the trip Representatives and retains exclusive juris- RICULTURE were some of the challenges they over- diction for: defense policy generally, ongoing The SPEAKER pro tempore laid be- military operations, the organization and re- came, exhibiting the same determina- form of the Department of Defense and De- fore the House the following resigna- tion and perseverance they apply in the partment of Energy, counter-drug programs, tion as a member of the Committees on classroom to hone their musical talent. security and humanitarian assistance (ex- Education and Labor, Oversight and It was with great pride that Nevad- cept special operations-related activities) of Government Reform and Agriculture: ans in the audience and at home the Department of Defense, acquisition and

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.033 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H420 CONGRESSIONAL RECORD — HOUSE January 21, 2009 industrial base policy, technology transfer and Investigations shall be filled in accord- (3) No task force shall have legislative ju- and export controls, joint interoperability, ance with the rules of the Majority party’s risdiction. the Cooperative Threat Reduction program, caucus and the Minority party’s conference, RULE 6. REFERENCE AND CONSIDERATION OF Department of Energy nonproliferation pro- respectively. Consistent with the party ra- LEGISLATION grams, detainee affairs and policy, and inter- tios established by the Majority party, all (a) The Chairman shall refer legislation agency reform as it pertains to the Depart- other Majority members of the sub- and other matters to the appropriate sub- ment of Defense and the nuclear weapons committee shall be appointed by the Chair- committee or to the full Committee. programs of the Department of Energy. man of the Committee, and all other Minor- (b) Legislation shall be taken up for a While subcommittees are provided jurisdic- ity members shall be appointed by the Rank- hearing or markup only when called by the tional responsibilities in subparagraph (2), ing Minority Member of the Committee. Chairman of the Committee or sub- the Committee retains the right to exercise (3) The Chairman of the Committee and committee, as appropriate, or by a majority oversight and legislative jurisdiction over all Ranking Minority Member thereof may sit of the Committee or subcommittee, as ap- subjects within its purview under rule X of as ex officio members of all subcommittees. propriate. the Rules of the House of Representatives. Ex officio members shall not vote in sub- (c) The Chairman, with approval of a ma- (2) The Committee shall be organized to committee hearings or meetings or be taken jority vote of a quorum of the Committee, consist of seven standing subcommittees into consideration for the purpose of deter- shall have authority to discharge a sub- with the following jurisdictions: mining the ratio of the subcommittees or es- committee from consideration of any meas- Subcommittee on Air and Land Forces: All tablishing a quorum at subcommittee hear- ure or matter referred thereto and have such Army and Air Force acquisition programs ings or meetings. measure or matter considered by the Com- (except strategic missiles, special operations (4) A member of the Committee who is not mittee. and information technology programs). In a member of a particular subcommittee may (d) Reports and recommendations of a sub- addition, the subcommittee will be respon- sit with the subcommittee and participate committee may not be considered by the sible for deep strike bombers and related sys- during any of its hearings but shall not have Committee until after the intervention of tems, National Guard and Army and Air authority to vote, cannot be counted for the three calendar days from the time the report Force reserve modernization, and ammuni- purpose of achieving a quorum, and cannot is approved by the subcommittee and avail- tion programs. raise a point of order at the hearing. able to the members of the Committee, ex- Subcommittee on Military Personnel: Mili- RULE 5. COMMITTEE PANELS AND TASK FORCES cept that this rule may be waived by a ma- tary personnel policy, reserve component in- (a) Committee Panels jority vote of a quorum of the Committee. tegration and employment issues, military (e) The Chairman, in consultation with the health care, military education, and POW/ (1) The Chairman may designate a panel of the Committee consisting of members of the Ranking Minority Member, shall establish MIA issues. In addition, the subcommittee criteria for recommending legislation and will be responsible for Morale, Welfare and Committee to inquire into and take testi- mony on a matter or matters that fall with- other matters to be considered by the House Recreation issues and programs. of Representatives, pursuant to clause 1 of Subcommittee on Readiness: Military in the jurisdiction of more than one sub- committee and to report to the Committee. rule XV of the Rules of the House of Rep- readiness, training, logistics and mainte- resentatives. Such criteria shall not conflict nance issues and programs. In addition, the (2) No panel appointed by the Chairman shall continue in existence for more than six with the Rules of the House of Representa- subcommittee will be responsible for all tives and other applicable rules. military construction, installations and fam- months after the appointment. A panel so ily housing issues, including the base closure appointed may, upon the expiration of six RULE 7. PUBLIC ANNOUNCEMENT OF HEARINGS process, and energy policy and programs of months, be reappointed by the Chairman for Pursuant to clause 2(g)(3) of rule XI of the the Department of Defense. a period of time which is not to exceed six Rules of the House of Representatives, the Subcommittee on Seapower and Expedi- months. Chairman of the Committee, or of any sub- tionary Forces: Navy and Marine Corps ac- (3) Consistent with the party ratios estab- committee, panel, or task force, shall make quisition programs (except strategic weap- lished by the Majority party, all Majority public announcement of the date, place, and ons, space, special operations, and informa- members of the panels shall be appointed by subject matter of any hearing before that tion technology programs) and Naval Re- the Chairman of the Committee, and all Mi- body at least one week before the commence- serve equipment. In addition, the sub- nority members shall be appointed by the ment of the hearing. However, if the Chair- committee will be responsible for maritime Ranking Minority Member of the Com- man of the Committee, or of any sub- programs under the jurisdiction of the Com- mittee. The Chairman of the Committee committee, panel, or task force, with the mittee as delineated in paragraphs 5, 6, and shall choose one of the Majority members so concurrence of the respective Ranking Mi- 9 of clause 1(c) of rule X of the Rules of the appointed who does not currently chair an- nority Member, determines that there is House of Representatives. other subcommittee of the Committee to good cause to begin the hearing sooner, or if Subcommittee on Strategic Forces: Stra- serve as Chairman of the panel. The Ranking the Committee, subcommittee, panel, or tegic weapons (except deep strike bombers Minority Member of the Committee shall task force so determines by majority vote, a and related systems), space programs, bal- similarly choose the Ranking Minority quorum being present for the transaction of listic missile defense, intelligence policy and Member of the panel. business, such chairman shall make the an- national programs, and Department of En- (4) No panel shall have legislative jurisdic- nouncement at the earliest possible date. ergy national security programs (except non- tion. Any announcement made under this rule proliferation programs). (b) Committee and Subcommittee Task shall be promptly published in the Daily Di- Subcommittee on Terrorism, Unconven- Forces gest, promptly entered into the committee tional Threats and Capabilities: Department (1) The Chairman of the Committee, or a scheduling service of the House Information of Defense counter-proliferation and Chairman of a subcommittee with the con- Resources, and promptly posted to the inter- counter-terrorism programs and initiatives. currence of the Chairman of the Committee, net web page maintained by the Committee. may designate a task force to inquire into In addition, the subcommittee will be re- RULE 8. BROADCASTING OF COMMITTEE and take testimony on a matter that falls sponsible for Special Operations Forces; HEARINGS AND MEETINGS within the jurisdiction of the Committee or science and technology policy, including the Clause 4 of rule XI of the Rules of the Defense Advanced Research Projects Agency subcommittee, respectively. The Chairman and Ranking Minority Member of the Com- House of Representatives shall apply to the and information technology programs; force Committee. protection policy; homeland defense and con- mittee or subcommittee shall each appoint RULE 9. MEETINGS AND HEARINGS OPEN TO THE sequence management programs within the an equal number of members to the task PUBLIC Committee’s jurisdiction; and related intel- force. The Chairman of the Committee or ligence support. subcommittee shall choose one of the mem- (a) Each hearing and meeting for the trans- Subcommittee on Oversight and Investiga- bers so appointed, who does not currently action of business, including the markup of tions: Any matter within the jurisdiction of chair another subcommittee of the Com- legislation, conducted by the Committee, or the Committee, subject to the concurrence of mittee, to serve as Chairman of the task any subcommittee, panel, or task force, to the Chairman of the Committee and, as ap- force. The Ranking Minority Member of the the extent that the respective body is au- propriate, affected subcommittee chairmen. Committee or subcommittee shall similarly thorized to conduct markups, shall be open The subcommittee shall have no legislative appoint the Ranking Minority Member of the to the public except when the Committee, jurisdiction. task force. subcommittee, panel, or task force in open (b) Membership of the Subcommittees (2) No task force appointed by the Chair- session and with a majority being present, (1) Subcommittee memberships, with the man of the Committee or subcommittee determines by record vote that all or part of exception of membership on the Sub- shall continue in existence for more than the remainder of that hearing or meeting on committee on Oversight and Investigations, three months. A task force may only be re- that day shall be in executive session be- shall be filled in accordance with the rules of appointed for an additional three months cause disclosure of testimony, evidence, or the Majority party’s caucus and the Minor- with the written concurrence of the Chair- other matters to be considered would endan- ity party’s conference, respectively. man and Ranking Minority Member of the ger the national security, would compromise (2) The Chairman and Ranking Minority Committee or subcommittee whose Chair- sensitive law enforcement information, or Member of the Subcommittee on Oversight man appointed the task force. would violate any law or rule of the House of

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Representatives. Notwithstanding the re- RULE 10. QUORUM thorized (subject to subparagraph (b)(1) of quirements of the preceding sentence, a ma- (a) For purposes of taking testimony and this paragraph): (1) to sit and act at such jority of those present, there being in at- receiving evidence, two members shall con- times and places within the United States, tendance no fewer than two members of the stitute a quorum. whether the House is in session, has re- Committee, subcommittee, panel, or task (b) One-third of the members of the Com- cessed, or has adjourned, and to hold hear- force may vote to close a hearing or meeting mittee or subcommittee shall constitute a ings, and (2) to require by subpoena, or oth- for the sole purpose of discussing whether quorum for taking any action, with the fol- erwise, the attendance and testimony of such testimony or evidence to be received would lowing exceptions, in which case a majority witnesses and the production of such books, endanger the national security, would com- of the Committee or subcommittee shall records, correspondence, memorandums, pa- promise sensitive law enforcement informa- constitute a quorum: (1) Reporting a meas- pers and documents, including, but not lim- tion, or would violate any law or rule of the ure or recommendation; (2) closing Com- ited to, those in electronic form, as it con- House of Representatives. If the decision is mittee or subcommittee meetings and hear- siders necessary. to proceed in executive session, the vote ings to the public; (3) authorizing the (b)(1) A subpoena may be authorized and must be by record vote and in open session, issuance of subpoenas; (4) authorizing the issued by the Committee, or any sub- a majority of the Committee, subcommittee, use of executive session material; and (5) committee with the concurrence of the full panel, or task force being present. voting to proceed in open session after vot- Committee Chairman and after consultation (b) Whenever it is asserted by a member of ing to close to discuss whether evidence or with the Ranking Minority Member of the the Committee or subcommittee that the testimony to be received would tend to de- Committee, under subparagraph (a)(2) in the evidence or testimony at a hearing may tend fame, degrade, or incriminate any person. conduct of any investigation, or series of in- to defame, degrade, or incriminate any per- (c) No measure or recommendation shall be vestigations or activities, only when author- son, or it is asserted by a witness that the reported to the House of Representatives un- ized by a majority of the members voting, a evidence or testimony that the witness majority of the Committee or subcommittee would give at a hearing may tend to defame, less a majority of the Committee is actually present. being present. Authorized subpoenas shall be degrade, or incriminate the witness, not- signed only by the Chairman, or by any RULE 11. THE FIVE-MINUTE RULE withstanding the requirements of (a) and the member designated by the Committee. provisions of clause 2(g)(2) of rule XI of the (a) Subject to rule 15, the time any one (2) Pursuant to clause 2(m) of rule XI of Rules of the House of Representatives, such member may address the Committee or sub- the Rules of the House of Representatives, evidence or testimony shall be presented in committee on any measure or matter under compliance with any subpoena issued by the executive session, if by a majority vote of consideration shall not exceed five minutes Committee or any subcommittee under sub- those present, there being in attendance no and then only when the member has been paragraph (a)(2) may be enforced only as au- fewer than two members of the Committee recognized by the Chairman or sub- thorized or directed by the House of Rep- or subcommittee, the Committee or sub- committee chairman, as appropriate, except resentatives. committee determines that such evidence that this time limit may be exceeded by RULE 13. WITNESS STATEMENTS may tend to defame, degrade, or incriminate unanimous consent. Any member, upon re- any person. A majority of those present, quest, shall be recognized for not more than (a) Any prepared statement to be presented there being in attendance no fewer than two five minutes to address the Committee or by a witness to the Committee or a sub- members of the Committee or subcommittee subcommittee on behalf of an amendment committee shall be submitted to the Com- may also vote to close the hearing or meet- which the member has offered to any pend- mittee or subcommittee at least 48 hours in ing for the sole purpose of discussing wheth- ing bill or resolution. The five-minute limi- advance of presentation and shall be distrib- er evidence or testimony to be received tation shall not apply to the Chairman and uted to all members of the Committee or would tend to defame, degrade or incrimi- Ranking Minority Member of the Committee subcommittee as soon as practicable but not nate any person. The Committee or sub- or subcommittee. less than 24 hours in advance of presen- committee shall proceed to receive such tes- (b)(1) Members who are present at a hear- tation. A copy of any such prepared state- timony in open session only if the Com- ing of the Committee or subcommittee when ment shall also be submitted to the Com- mittee or subcommittee, a majority being a hearing is originally convened shall be rec- mittee in electronic form. If a prepared present, determines that such evidence or ognized by the Chairman or subcommittee statement contains national security infor- testimony will not tend to defame, degrade, chairman, as appropriate, in order of senior- mation bearing a classification of Secret or or incriminate any person. ity. Those members arriving subsequently higher, the statement shall be made avail- (c) Notwithstanding the foregoing, and shall be recognized in order of their arrival. able in the Committee rooms to all members with the approval of the Chairman, each Notwithstanding the foregoing, the Chair- of the Committee or subcommittee as soon member of the Committee may designate by man and the Ranking Minority Member will as practicable but not less than 24 hours in letter to the Chairman, only one member of take precedence upon their arrival. In recog- advance of presentation; however, no such that member’s personal staff, which may in- nizing members to question witnesses in this statement shall be removed from the Com- clude fellows, with Top Secret security fashion, the Chairman shall take into consid- mittee offices. The requirement of this rule clearance to attend hearings of the Com- eration the ratio of the Majority to Minority may be waived by a majority vote of the mittee, or that member’s subcommittee(s), members present and shall establish the Committee or subcommittee, a quorum panel(s), or task force(s) (excluding briefings order of recognition for questioning in such being present. In cases where a witness does or meetings held under the provisions of a manner as not to disadvantage the mem- not submit a statement by the time required committee rule 9(a)), which have been closed bers of either party. under this rule, the Chairman of the Com- under the provisions of rule 9(a) above for (2) Pursuant to rule 4 and subject to rule mittee or subcommittee, as appropriate, national security purposes for the taking of 15, a member of the Committee who is not a with the concurrence of the respective Rank- testimony. The attendance of such a staff member of a subcommittee may be recog- ing Minority Member, may elect to exclude member or fellow at such hearings is subject nized by a subcommittee chairman in order the witness from the hearing. to the approval of the Committee, sub- of their arrival and after all present sub- (b) The Committee and each subcommittee committee, panel, or task force as dictated committee members have been recognized. shall require each witness who is to appear by national security requirements at that (3) The Chairman of the Committee or a before it to file with the Committee in ad- time. The attainment of any required secu- subcommittee, with the concurrence of the vance of his or her appearance a written rity clearances is the responsibility of indi- respective Ranking Minority Member, may statement of the proposed testimony and to vidual members of the Committee. depart with the regular order for questioning limit the oral presentation at such appear- (d) Pursuant to clause 2(g)(2) of rule XI of which is specified in paragraphs (a) and (b) of ance to a brief summary of the submitted the Rules of the House of Representatives, this rule provided that such a decision is an- written statement. no Member, Delegate, or Resident Commis- nounced prior to the hearing or prior to the RULE 14. ADMINISTERING OATHS TO WITNESSES sioner may be excluded from opening statements of the witnesses and that (a) The Chairman, or any member des- nonparticipatory attendance at any hearing any such departure applies equally to the ignated by the Chairman, may administer of the Committee or a subcommittee, unless Majority and the Minority. oaths to any witness. the House of Representatives shall by major- (c) No person other than a Member, Dele- (b) Witnesses, when sworn, shall subscribe ity vote authorize the Committee or sub- gate, or Resident Commissioner of Congress to the following oath: ‘‘Do you solemnly committee, for purposes of a particular se- and committee staff may be seated in or be- swear (or affirm) that the testimony you will ries of hearings on a particular article of leg- hind the dais area during Committee, sub- give before this Committee (or sub- islation or on a particular subject of inves- committee, panel, or task force hearings and committee) in the matters now under consid- tigation, to close its hearings to Members, meetings. eration will be the truth, the whole truth, Delegates, and the Resident Commissioner and nothing but the truth, so help you God?’’ by the same procedures designated in this RULE 12. POWER TO SIT AND ACT; SUBPOENA rule for closing hearings to the public. POWER RULE 15. QUESTIONING OF WITNESSES (e) The Committee or the subcommittee (a) For the purpose of carrying out any of (a) When a witness is before the Committee may vote, by the same procedure, to meet in its functions and duties under rules X and XI or a subcommittee, members of the Com- executive session for up to five additional of the Rules of the House of Representatives, mittee or subcommittee may put questions consecutive days of hearings. the Committee and any subcommittee is au- to the witness only when recognized by the

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Chairman or subcommittee chairman, as ap- in session on such days) in which to file such RULE 23. HEARING PROCEDURES propriate, for that purpose according to rule views, in writing and signed by that member, Clause 2(k) of rule XI of the Rules of the 11 of the Committee. with the Staff Director of the Committee, or House of Representatives shall apply to the (b) Members of the Committee or sub- the Staff Director’s designee. All such views Committee. committee who so desire shall have not more so filed by one or more members of the Com- f than five minutes to question each witness mittee shall be included within, and shall be or panel of witnesses, the responses of the a part of, the report filed by the Committee POLITICAL PRISONERS RAMOS witness or witnesses being included in the with respect to that measure or matter. AND COMPEAN, PART II five-minute period, until such time as each (b) With respect to each record vote on a member has had an opportunity to question motion to report any measure or matter, and The SPEAKER pro tempore. Under a each witness or panel of witnesses. There- on any amendment offered to the measure or previous order of the House, the gen- after, additional rounds for questioning wit- matter, the total number of votes cast for tleman from Texas (Mr. POE) is recog- nesses by members are within the discretion and against, the names of those voting for nized for 5 minutes. of the Chairman or subcommittee chairman, and against, and a brief description of the Mr. POE of Texas. Mr. Speaker, well, as appropriate. question, shall be included in the Committee it has finally happened. Mr. Speaker, (c) Questions put to witnesses before the report on the measure or matter. President Bush, in one of his last acts Committee or subcommittee shall be perti- RULE 19. PUBLIC INSPECTION OF COMMITTEE as President of the United States, com- nent to the measure or matter that may be ROLLCALLS before the Committee or subcommittee for muted the sentences of political pris- consideration. The result of each record vote in any meet- oners Border Patrol agents Ramos and ing of the Committee shall be made available RULE 16. PUBLICATION OF COMMITTEE HEARINGS Compean who were just doing their job by the Committee for inspection by the pub- down on the violent Texas-Mexico bor- AND MARKUPS lic at reasonable times in the offices of the The transcripts of those hearings con- Committee. Information so available for der when they were prosecuted because ducted by the Committee, subcommittee, or public inspection shall include a description they happened to shoot a drug dealer panel will be published officially in verbatim of the amendment, motion, order, or other who was smuggling in $750,000 worth of form, with the material requested for the proposition and the name of each member narcotics. record inserted at that place requested, or at voting for and each member voting against It is good that President Bush has the end of the record, as appropriate. The such amendment, motion, order, or propo- commuted their sentence. We hope to transcripts of markups conducted by the sition and the names of those members press further with the new President, Committee or any subcommittee may be present but not voting. published officially in verbatim form. Any President Obama, and get a complete RULE 20. PROTECTION OF NATIONAL SECURITY requests to correct any errors, other than pardon for these two individuals. But AND OTHER INFORMATION those in transcription, will be appended to there already has been an effect of this the record, and the appropriate place where (a) Except as provided in clause 2(g) of rule commutation. You see right away, the the change is requested will be footnoted. XI of the Rules of the House of Representa- Mexican government, in its self-right- Any transcript published under this rule tives, all national security information bear- eous indignation, disapproves of the shall include the results of record votes con- ing a classification of Secret or higher which has been received by the Committee or a sub- commutation of Ramos and Compean. ducted in the session covered by the tran- Obviously, if the Mexican government script and shall also include materials that committee shall be deemed to have been re- have been submitted for the record and are ceived in executive session and shall be given is opposed to it, President Bush did the covered under rule 19. The handling and safe- appropriate safekeeping. right thing. And who cares what the keeping of these materials shall fully satisfy (b) The Chairman of the Committee shall, Mexican Government thinks about the the requirements of rule 20. No transcript of with the approval of a majority of the Com- United States enforcing its dignity and an executive session conducted under rule 9 mittee, establish such procedures as in his enforcing the rule of law and keeping shall be published under this rule. judgment may be necessary to prevent the drug smugglers from Mexico out of unauthorized disclosure of any national se- RULE 17. VOTING AND ROLLCALLS curity information that is received which is coming into the United States. So that (a) Voting on a measure or matter may be classified as Secret or higher. Such proce- was obviously the right decision if the by record vote, division vote, voice vote, or dures shall, however, ensure access to this Mexican Government is opposed to unanimous consent. information by any member of the Com- President Bush’s decision. (b) A record vote shall be ordered upon the mittee or any other Member, Delegate, or But also, it will have an effect, hope- request of one-fifth of those members Resident Commissioner of the House of Rep- fully, on our border agents. You see, present. resentatives, staff of the Committee, or staff (c) No vote by any member of the Com- since this case and other cases where designated under rule 9(c) who have the ap- our Federal Government chooses to mittee or a subcommittee with respect to propriate security clearances and the need to any measure or matter shall be cast by know, who has requested the opportunity to prosecute border protectors instead of proxy. review such material. prosecuting criminals who come into (d) In the event of a vote or votes, when a (c) The Chairman of the Committee shall, the United States, like drug smugglers, member is in attendance at any other com- in consultation with the Ranking Minority since that has occurred so often, our mittee, subcommittee, or conference com- Member, establish such procedures as in his border protectors have been reluctant mittee meeting during that time, the nec- judgment may be necessary to prevent the to enforce the rule of law. And when essary absence of that member shall be so unauthorized disclosure of any proprietary noted in the record vote record, upon timely they see a situation on the border from information that is received by the Com- San Diego to Brownsville, Texas, that notification to the Chairman by that mem- mittee, subcommittee, panel, or task force. ber. Such procedures shall be consistent with the may turn out to be violent, they have (e) The Chairman of the Committee or a Rules of the House of Representatives and backed off. And the reason they have subcommittee, as appropriate, with the con- applicable law. backed off is because our Federal Gov- currence of the Ranking Minority Member or RULE 21. COMMITTEE STAFFING ernment refuses to protect them when the most senior Minority member who is they get themselves in a scrape pro- present at the time, may elect to postpone The staffing of the Committee, the stand- requested record votes until such time or ing subcommittees, and any panel or task tecting us and the dignity of the point at a markup as is mutually decided. force designated by the Chairman or chair- United States. Now maybe our Federal When proceedings resume on a postponed men of the subcommittees shall be subject to Government will prosecute criminals, question, notwithstanding any intervening the Rules of the House of Representatives. drug smugglers, human smugglers who order for the previous question, the under- RULE 22. COMMITTEE RECORDS come into the United States, empha- lying proposition shall remain subject to fur- The records of the Committee at the Na- size prosecuting them rather than em- ther debate or amendment to the same ex- tional Archives and Records Administration phasizing prosecuting Border Patrol tent as when the question was postponed. shall be made available for public use in ac- agents who are doing their job just to RULE 18. COMMITTEE REPORTS cordance with rule VII of the Rules of the protect the rest of us. (a) If, at the time of approval of any meas- House of Representatives. The Chairman One statistic, Mr. Speaker. Last ure or matter by the Committee, any mem- shall notify the Ranking Minority Member year, 2008, 1,097 violent assaults were ber of the Committee gives timely notice of of any decision, pursuant to clause 3(b)(3) or committed against American Border intention to file supplemental, Minority, ad- clause 4(b) of rule VII, to withhold a record ditional or dissenting views, that member otherwise available, and the matter shall be Patrol agents on the southern border of shall be entitled to not less than two cal- presented to the Committee for a determina- the United States. Of course we don’t endar days (excluding Saturdays, Sundays, tion on the written request of any member of read about that in the newspaper. We and legal holidays except when the House is the Committee. only read about the drug dealers who

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.050 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H423 get shot by our Border Patrol agents. And that’s just the way it is. b 1700 So 1,097 violent assaults against people f Tim Tebow became the fifth player who we send down to that violent bor- since 1950 to win a Heisman Trophy and der to protect us from criminals that EQUAL ACCESS TO HEALTH CARE two national championships. are coming into the United States. (Mr. MASSA asked and was given The win makes Urban Meyer the fifth Three a day occur, and we can suspect permission to address the House for 1 active coach with multiple national ti- that probably three a day have oc- minute.) tles and the fifth coach since the AP curred this year. It is important that Mr. MASSA. Mr. Speaker, I rise poll began in 1936 to win two national our government prosecute those as- today to quiet a voice, to complete a championships in his first four seasons saults, those people who commit commitment that I made to the 640,000 at a school. crimes against our border agents when voters who sent me here. Tim Tebow, Florida’s leader and they sneak into the United States, Ten years ago this month, I com- quarterback, not only ran for 109 yards, many of them to commit crimes in the pleted a course of chemotherapy that but threw 18-for-30 and was flawless in United States. saved my life under some of the best the fourth quarter alone when it It has also gotten so violent on the and most expert medical care available mattered the most and the pressure Texas border that a local sheriff in in the world. was on. Hildago County, Lupe Trevino, has I believe passionately and I believe Percy Harvin, whose gutsy play won issued automatic weapons to his sher- strongly and I believe to the core of my him the game ball, came back from an iff’s deputies, and has told them to use soul that all Americans should have ac- ankle injury and dashed for 122 yards those weapons if they are fired upon. cess to the same medical care that I on only nine carries. And it was his 52- That is a new policy. That is how vio- had access to 10 years ago. And so yard run down the stretch that set up lent the border is, and they are all today I stand to complete a promise Jonathan Phillips’ 27-yard field goal down there just protecting us. and a commitment: I will personally, early in the fourth quarter for a 17–14 One of the reasons they protect us is with malice towards none and nega- lead, which the Gators never lost and because of America’s unfortunate but tivity towards none, won’t accept the never looked back. tremendous greed for illicit drugs. And Federal and congressional health care There has been some discussion in because we have an appetite for nar- benefits policy until such time that all this body about having a national cotics in this United States, the drug Americans have access to the same championship playoff. Let me be clear, dealers are willing to supply them. medical care that all of us in this ex- we’ve had a playoff. And I hate to say That is another issue. This country has alted and honored Chamber have access it, that everything is just not all equal. to get around to solving that appetite to. It is not a pejorative, it is a one- We want to encourage all of our kids to that we have as a Nation for illicit person commitment to try to change participate in sports and activities be- drugs. the system we have today. And I will So we have that appetite and we send cause we know that it builds character, not rest until all Americans have ac- our Border Patrol agents down to the but it is clear that the Gators are su- cess to quality health care. border to keep those drugs from com- perb to any other schools with the con- ing into the United States, and then if f ferences that we play in. one of them gets in a scrape, we pros- So, in closing, I want to leave you COMMENDING THE NATIONAL ecute them rather than the drug deal- again with the Gators’ chant that I CHAMPION UNIVERSITY OF ers. Maybe those times have changed just love: ‘‘One, two, three, four, five, FLORIDA GATORS because of this commutation. I cer- them there Gators don’t take no jive.’’ tainly hope so. The SPEAKER pro tempore. Under a f And we certainly can’t expect the previous order of the House, the gentle- APPLAUDING PRESIDENT BUSH’S Mexican Government to do their part. woman from Florida (Ms. CORRINE COMMUTATION OF BORDER We hear constant reports of corruption BROWN) is recognized for 5 minutes. AGENTS’ SENTENCES in Mexico, especially with Mexican of- Ms. CORRINE BROWN of Florida. ficials on the Mexican side of the Rio Mr. Speaker, I rise today to congratu- The SPEAKER pro tempore. Under a Grande River. That is unfortunate be- late my University of Florida football previous order of the House, the gen- cause they have an obligation to pro- team for winning its second NCAA BCS tleman from North Carolina (Mr. tect Mexican citizens as well as we on championship bowl game in the last JONES) is recognized for 5 minutes. this side have an obligation to protect three seasons. Go Gators. Mr. JONES. Mr. Speaker, on Sep- American citizens. I want to congratulate the Univer- tember 14, 2006, I first stood before this Border protectors need to know we sity of Florida not only for being the House to call attention to the case of support them. Back in the days of Viet- best academic school, but also athletic two United States Border agents who nam, some of us remember those days school in the country. were convicted in Federal court for when our troops came home, how they Their 24–14 victory over the Okla- shooting and wounding a Mexican drug were treated. They were treated with homa Sooners showed off teamwork, smuggler who brought 743 pounds of utmost disrespect, unfortunately. And sportsmanship, and one of the defense marijuana across our borders in 2005. we have changed. Our country has plays that I have seen. They held the Now, Mr. Speaker, more than 21⁄2 years changed. We show great respect to our team with the highest scoring offense and more than 45 speeches later, I troops that are in Afghanistan and to just 14 points. The Gators once again stand before this House to thank Presi- Kosovo and Iraq, and we should be- came back to prove that the University dent Bush for heeding the calls of the cause they are protecting us. of Florida season was no fluke, and American people by commuting the Our border protectors down on the that the Florida Gators are again a sentences of Agents Ramos and border, our Border Patrol agents and championship team that made history. Compean. our border sheriffs, need to know that Congratulations to their great players The agents entered Federal prison on America stands behind them as well be- and outstanding coach, Urban Meyer, January 17, 2007, to begin serving sen- cause they are fighting a war just as for coaching a remarkable group of tences of 11 and 12 years respectively. important and just as violent as those guys. Both men are now due to be released troops in Afghanistan and Iraq are Let’s do a quick fact check. from prison on March 20, 2009, after fighting. And they need to know that The Gators won their second national serving 26 months. we will support them when they do championship in the past 3 years and Like the millions of Americans who their job, when they enforce the rule of the third in the school’s history. Flor- have followed the case over the past law to keep people out of this country ida is the fourth school in the modern several years, I am so relieved to see that are coming over here to smuggle era to win two outright national titles the unjust imprisonment of these dis- drugs. Our Federal Government needs in 3 years. Florida finished the 2008 sea- tinguished law enforcement officers fi- to get on the right side of the border son with a 13–1 record, matching the nally come to an end. As these men sat war. single-season school record for wins. in Federal prison for 2 years, my heart

VerDate Nov 24 2008 02:07 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.075 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H424 CONGRESSIONAL RECORD — HOUSE January 21, 2009 ached for them and their families. retary of State HILLARY CLINTON, who him in the wrong direction. That’s why While I firmly believe that these firmly believes that America should he will need the support of the Amer- agents never should have been pros- emphasize peace and diplomacy over ican people, he will need the support of ecuted, I am very grateful that Presi- war. the Congress to put our country back dent Bush has used his authority to President Obama has pledged to on the right track. close this ugly chapter in their lives. I withdraw our troops within 16 months. He must get that support, the sup- will do everything in my power to see He must not hesitate for a moment to port in the House, and I hope that it that Ramos and Compean are able to make good on that pledge. He must comes from both sides of the aisle. By reclaim their lives and in due time will make sure that the withdrawal is com- working together, we can build a more be fully exonerated with a pardon. plete, that it is safe, and it is meaning- peaceful, more congruent world, and we The prosecution and imprisonment of ful. There must be no residual forces, can show that America can lead once Agents Ramos and Compean has been a no military contractors left behind. more. black mark for the United States jus- And if his advisors urge him to change f his mind about withdrawal, he must tice system. Its legacy will not be for- The SPEAKER pro tempore. Under a not waiver or go wobbly. I don’t think gotten by those of us in Congress who previous order of the House, the gen- have criticized the indictment of these President Obama will. Just listen to tleman from Indiana (Mr. BURTON) is yesterday’s inaugural address. two men. recognized for 5 minutes. The facts of this case have shown, as President Obama said that it is time (Mr. BURTON of Indiana addressed Judge E. Grady Jolly stated on Decem- to ‘‘leave Iraq to its people.’’ I’ve said the House. His remarks will appear ber 3, 2007, during the agents’ appeal, for years that Iraq must have its na- hereafter in the Extensions of Re- and I quote Judge Jolly, ‘‘The govern- tional sovereignty and must have it marks.) ment overreacted here, and for some back soon, so those words were very reason this one got out of hand.’’ welcome to this Member of Congress. f The truth of why this indictment was He said, ‘‘To the Muslim world, we LIVING BENEATH OUR MEANS able to move forward and get out of seek a new way forward based on mu- hand still deserves to be investigated. tual interest and respect.’’ After show- The SPEAKER pro tempore. Under a The truth of why this indictment was ing the Muslim world nothing but previous order of the House, the gen- able to move forward and get out of shock and awe for nearly 6 years in tleman from Texas (Mr. PAUL) is recog- hand still should be investigated. I re- Iraq, those were very healing words. nized for 5 minutes. peat that, Mr. Speaker, because it He said that ‘‘earlier generations Mr. PAUL. Mr. Speaker, it has been should be investigated. However, it is faced down fascism and communism said, and all too often ignored, if you clear that President Bush understood with sturdy alliances,’’ and he called live beyond your means, you will be one of the most troubling aspects of for ‘‘greater cooperation and under- forced to live beneath your means. this case, the agents were charged standing between neighbors,’’ a clear Living and consuming on borrowed under a statute intended for violent repudiation of the previous administra- money always end. Lenders, even in an criminals carrying guns, not for law tion’s disastrous decision to go it alone age of inflation, have their limits. enforcement officers acting in the line in Iraq and elsewhere in the world. When living extravagantly, it seems of duty. This statute, which carries a He also said that America must the good times will continue forever, sentence of no less than 10 years, was choose ‘‘hope over fear,’’ and that we but when the bills come due and the enacted by Congress to discourage must reject the false choice ‘‘between debt, with interest, needs to be paid, criminals from carrying guns. It was our safety and our ideals.’’ This was the good times end. never intended to apply to law enforce- another clear repudiation of the pre- The fiction that the appreciating ment officers who are required to carry vious administration, which used fear prices of houses and stocks and other firearms on the job. This was clearly a to get us into Iraq in the first place assets serve as savings is always self- sentence Ramos and Compean should and then used it to tear the Constitu- limited and ends with pain. Without a never have been ordered to serve. tion to shreds. source of newly borrowed funds, once In closing, Mr. Speaker, my thoughts President Obama also said that the value of stocks and houses depre- and prayers are with the agents, Ramos ‘‘power alone cannot protect us, nor ciates, the individual comes to the re- and Compean, as they are finally able does it entitle us to do as we please.’’ alization that hard work and effort are to return home to their families and He said our security comes from ‘‘the required to produce sustained wealth. their children. And may God continue justness of our cause’’ and the qualities Working minimally is replaced with to bless America. of ‘‘humility and restraint.’’ President working maximally to survive, as well as to pay for the extravagance of pre- f Obama understands that the true source of America’s power is our moral vious years. The consequence is more AMERICA ‘‘CAN LEAD ONCE MORE’’ authority. work and a diminished standard of liv- The SPEAKER pro tempore. Under a The President also said that ‘‘we’ll ing. previous order of the House, the gentle- work tirelessly to lessen the nuclear A nation that has lived beyond its woman from California (Ms. WOOLSEY) threat.’’ And he promised to work with means for a long period of time must is recognized for 5 minutes. the poor people of the world ‘‘to nour- go through a similar process. Once the Ms. WOOLSEY. Mr. Speaker, I rise to ish starved bodies and feed hungry national debt grows to an extreme pro- give my 288th Special Order on the sub- minds.’’ These are good words. They portion, as ours has, there is no possi- ject of the occupation of Iraq. The first echo some of the most important parts bility of it being paid off in the conven- 287 cited the terrible death and de- of my national security plan known as tional sense. Default and liquidation struction that the occupation was SMART. SMART calls for ending nu- are required, but sovereign states that causing and the damage that it was clear proliferation, and it calls for giv- enjoy the ruthless power to tax and doing to America’s moral standing in ing poor people a better life because create new money always resort to the world. But this Special Order, num- it’s the best way to stop terrorists from paying their pays by deliberately de- ber 288, is different from all the rest. recruiting absolute new followers. It’s preciating the currency. This makes it That’s because we woke up this morn- just the right thing to do. hard to identify the victims and the ing with new leadership in the White In the most dramatic moment of his beneficiaries. House, President Obama. speech yesterday, President Obama Today’s middle class and poor are President Obama is meeting with his promised that America will ‘‘lead once suffering and the elite are being bailed military advisors today. He is planning more.’’ That pledge has already in- out, and all the while the Federal Re- for the withdrawal of our troops from spired millions of people around the serve refuses to tell the Congress ex- Iraq, something that the American world. But now the challenge is to put actly who has benefitted by its lar- people have been demanding for many the President’s words into practice. It gesse. The beneficial corrections that years. And today, the Senate is meet- won’t be easy. We know that there will come with a recession, of debt liquida- ing to confirm the nomination of Sec- be powerful forces that will try to push tion and removing the malinvestment,

VerDate Nov 24 2008 02:24 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.077 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H425 are delayed by government bailouts. FALEOMAVAEGA) is recognized for 5 What it shows is that the Vietnam This strategy proved in the late 1930s minutes. War costs just under $700 billion. That to transform a recession into a Great (Mr. FALEOMAVAEGA addressed the is the entire war. The Iraq War that Depression and will surely do so again. House. His remarks will appear here- we’re fighting now, that we have been We have become the greatest debtor after in the Extensions of Remarks.) fighting since 2003: $600 billion. Our en- nation in the world. The borrowed f tire interstate highway system that we money was not used to build our indus- drive on every day: $42 billion. That’s HOW STIMULUS FUNDING COM- tries but was used mainly for consump- what it has cost for the roads that we PARES TO OTHER TOP GOVERN- tion. The fact that the world trusted drive day in and day out. That puts MENT EXPENDITURES the dollar as the reserve currency sig- things in perspective for me. nificantly contributed to the imbal- The SPEAKER pro tempore. Under a Education spending since 1965, Fed- ances of the world financial system. previous order of the House, the gen- eral education spending, this is all that The fiat dollar standard that evolved tleman from California (Mr. HUNTER) is we have spent compared to this bailout after the breakdown of Bretton Woods recognized for 5 minutes. bill: under $400 billion. Let me say that in 1971 has ended. This is a consequence Mr. HUNTER. Mr. Speaker, I rise again. Our entire education spending of our privileged position of living way today because in this last week and since 1965 by the Federal Government: beyond our means for too many years. next week, we are going to be consid- under $400 billion. Congress is going to spend almost $400 billion in one day At present, all efforts worldwide are ering in this Congress spending more than we’ve ever spent since World War and hardly any of that on education. directed toward salvaging a financial Lastly, I would like to say, Mr. system that cannot be revived. The II. With the Troubled Assets Relief Pro- Speaker, that if this money was spent only tool the economic planners have now, if it was spent tomorrow and it all is the creation of trillions of dollars of gram, otherwise known as TARP, and I like to call it the bailout, Mr. Speaker, went into jobs and it all went into in- new money out of thin air. All this frastructure, that would be different. does is delay the inevitable and mag- the bailout is $700 billion. The bailout was a mistake by the last President, But according to analysis of this bill, nify the future danger. only $3.8 billion of the $1.5 trillion is Central bank cooperation in the and I believe it will be a mistake from this administration. Only $350 billion is going to be spent on infrastructure by scheme will not make it work. Pre- 2010. That’s only 12.7 percent of this left of that bailout bill, and Congress is tending the dollar is maintaining real money that is going to be spent on in- probably going to spend that also. Out value by manipulating the price of frastructure. gold—the historic mechanism for of the first $350 billion, we don’t even So when you hear people talk about measuring a currency’s value—will know where any of that went because spending this money, creating jobs, work no better than the effort of the the administration didn’t have to tell does it really do that? Are we really 1960s to keep gold at $35 an ounce. Nev- us. spending that? Are we really injecting ertheless, Bretton Woods failed in 1971, The legislation being considered now this much money into the economy so as was predicted by the free market for this bailout bill and this stimulus it will create jobs right away? That is economists, despite these efforts. package is being considered under a not what we’re doing, Mr. Speaker. This crisis we’re in is destined to get false promise that more spending in What we are doing is creating govern- much worse because the real cause is the wrong places is going to help the ment programs that my son and my not acknowledged. Not only are the economy. It’s being considered under daughters are going to be paying for corrections delayed and distorted, addi- the false promise that it’s going to cre- for years to come. tional problems are yet to be dealt ate millions of jobs. It’s simply throw- Mr. Speaker, one of my colleagues with—the commercial property bubble, ing bad money after bad programs. said it best when asked why this the insolvent retirement funds, both The reality is that this plan does TARP, this bailout bill to Wall Street private and public, state finances, and very little to help working-class fami- fat cats, and this stimulus bill was a the university trust funds. For all lies that are having to pay bills, that bad idea. And his answer was very sim- these problems, only massive currency are having to make mortgages, that ple: We simply don’t have the money. inflation is offered by the Fed. The real are having to make car payments. Peo- f concern ought to be for a dollar crisis, ple are struggling day in and day out, The SPEAKER pro tempore. Under a which will come if we don’t change our some working two jobs to try to pay previous order of the House, the gentle- ways. health care, raise the kids. This stim- woman from Ohio (Ms. KAPTUR) is rec- Even massive bailouts cannot work. ulus bill does not help them. ognized for 5 minutes. If they did, no person in the United Instead of providing relief and jobs (Ms. KAPTUR addressed the House. States would ever have to work again. for Americans, this Democrat stimulus Her remarks will appear hereafter in We need to wake up and recognize the package, when combined with the bail- the Extensions of Remarks.) importance of sound money. We need out, totals over $1.5 trillion, but it still f to reintroduce the work ethic. We must contains things such as $50 million for The SPEAKER pro tempore. Under a once again cherish savings over con- the National Endowment of the Arts. previous order of the House, the gen- sumption. We must recognize that an That’s not going to help anybody. tleman from Illinois (Mr. SCHOCK) is overextended foreign policy has been That’s a waste of money, Mr. Speaker. recognized for 5 minutes. the downfall of all great nations. And, The first half of this bailout bill has al- (Mr. SCHOCK addressed the House. above all else, we need to simply be- ready been spent, and it would be a His remarks will appear hereafter in lieve once again in the free society mistake to spend the second half of the Extensions of Remarks.) that made America great. $350 billion without knowing where f that money is going. f The SPEAKER pro tempore. Under a But for me, everything has to be in previous order of the House, the gen- The SPEAKER pro tempore. Under a perspective. And $1.5 trillion is a lot of tleman from Oregon (Mr. DEFAZIO) is previous order of the House, the gen- money. I don’t know how much money recognized for 5 minutes. tleman from New Jersey (Mr. PALLONE) that is really. I have heard somebody (Mr. DEFAZIO addressed the House. is recognized for 5 minutes. say if you stack it up in $10 bills, it His remarks will appear hereafter in (Mr. PALLONE addressed the House. would stretch over 4,000 miles. That’s the Extensions of Remarks.) His remarks will appear hereafter in $1.5 trillion. f the Extensions of Remarks.) So to put it in perspective, Mr. f Speaker, I created this graph here. REVISIONS TO ALLOCATION FOR This shows you how this stimulus bill, HOUSE COMMITTEES b 1715 along with the bailout bill for Wall The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a Street, compared to other American previous order of the House, the gen- previous order of the House, the gen- expenditures since World War II. This tleman from South Carolina (Mr. tleman from American Samoa (Mr. is how it compares to it, Mr. Speaker: SPRATT) is recognized for 5 minutes.

VerDate Nov 24 2008 05:21 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\CR\FM\K21JA7.080 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H426 CONGRESSIONAL RECORD — HOUSE January 21, 2009 Mr. SPRATT. Mr. Speaker, under section to certain House committee budget allocations consideration. The adjustments will take effect 201 of S. Con. Res. 70, the Concurrent Reso- and aggregates for the purposes of sections upon enactment of the measure. For purposes lution on the Budget for fiscal year 2009, I 302 and 311 of the Congressional Budget Act of the Congressional Budget Act of 1974, as hereby submit for printing in the CONGRES- of 1974, as amended, and in response to pas- amended, a revised allocation made under sage of the bill H.R. 2 (Children’s Health In- SIONAL RECORD a revision to the budget allo- section 323 of S. Con. Res. 70 is to be con- surance Program Reauthorization Act of sidered as an allocation included in the resolu- cations and aggregates for certain House 2009). Corresponding tables are attached. committees for fiscal years 2008 and 2009 Under section 323 of S. Con. Res. 70, this tion. and the period of fiscal years 2009 through adjustment to the budget allocations and ag- Any questions may be directed to Ellen 2013. This revision represents an adjustment gregates applies while the measure is under Balis or Gail Millar. DIRECT SPENDING LEGISLATION—AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR RESOLUTION CHANGES [Fiscal years, in millions of dollars]

2008 2009 2009–2013 Total House Committee BA Outlays BA Outlays BA Outlays

Current allocation: Energy and Commerce ...... 89 81 884 847 3,153 3,148 Ways and Means ...... 1,853 1,843 5,794 5,714 ¥6,724 ¥5,034 Change in the Childrens’ Health Insurance Program Reauthorization Act (H.R. 2): Energy and Commerce ...... 0 0 10,625 2,391 50,000 32,604 Ways and Means ...... 0 0 0 0 ¥260 ¥260

Total ...... 0 0 10,625 2,391 49,740 32,344 Revised allocation: Energy and Commerce ...... 89 81 11,509 3,238 53,153 35,752 Ways and Means ...... 1,853 1,843 5,794 5,714 ¥6,984 ¥5,294

BUDGET AGGREGATES [On-budget amounts, in millions of dollars]

Fiscal year—

2008 1 2009 12 2009–2013

Current Aggregates:3 Budget Authority ...... 2,564,244 2,532,592 4 Outlays ...... 2,466,685 2,572,179 4 Revenues ...... 1,875,401 2,029,659 11,780,493 Change in the Childrens’ Health Insurance Program Reauthorization Act (H.R. 2): Budget Authority ...... 0 10,625 4 Outlays ...... 0 2,391 4 Revenues ...... 0 3,724 32,518 Revised Aggregates: Budget Authority ...... 2,564,244 2,543,217 4 Outlays ...... 2,466,685 2,574,570 4 Revenues ...... 1,875,401 2,033,383 11,812,811 1 Current aggregates include spending covered by section 301(b)(1) (overseas deployments and related activities) that has not been allocated to a committee. 2 Current aggregates do not include Corps of Engineers emergency spending assumed in the budget resolution, which will not be included in current level due to its emergency designation (section 301(b)(2)). 3 Current aggregates include impact of new allocations for enactment of H.R. 2095 (with updates to estimates to reflect final CBO scoring) and S. 3560. 4 Not applicable because annual appropriations Acts for fiscal years 2010 through 2013 will not be considered until future sessions of Congress.

ABORTION denied to an entire class of American die and their mothers will be wounded. The SPEAKER pro tempore. Under children: Unborn babies. And President Obama will be remem- the Speaker’s announced policy of Jan- By reason of their age, dependency, bered forever not just as a smart, uary 6, 2009, the gentleman from New immaturity, inconvenience, or savvy, gifted and eloquent man, but as Jersey (Mr. SMITH) is recognized for 60 unwantedness, unborn children have the Abortion President. minutes as the designee of the minor- been legally rendered persona non Recently, more than 50 pro-abortion ity leader. grata, and expendable. organizations conveyed a 55-page blue- Mr. SMITH of New Jersey. Mr. Let’s be honest, Mr. Speaker. Abor- print to promote abortion to the Speaker, President Barack Obama’s el- tion is violence against children. It dis- Obama transition team. The document, oquent inauguration speech yesterday members and chemically poisons a marching orders, will result in the was uplifting and historic. The 44th child to death. It hurts women phys- death for millions of children in Amer- President of the United States of ically and psychologically and spir- ica and in foreign countries and will America said in part: ‘‘The time has itually. There is nothing whatsoever impose incalculable harm and pain on come to reaffirm our enduring spirit; compassionate, benevolent, ennobling, expectant mothers everywhere. The to choose our better history; to carry or benign about abortion. It is a viola- Obama administration and the pro- that precious gift, that noble idea; tion of a child’s fundamental human abortion nongovernmental organiza- passed on from generation to genera- rights. tions, or NGOs, that prepared it are, as tion: The God-given promise that all Which begs the question, will our of today, in lockstep. Indeed, many are equal, all are free, and all deserve a new President extend the ‘‘God-given personnel from pro-abortion NGOs have chance to pursue their full measure of promise,’’ as he put it, of hope and free- already been embedded in strategic happiness.’’ dom, justice, respect, compassion, and places in the administration where Powerful rhetoric indeed, Mr. Speak- protection and a simple chance at hap- they can foment anti-child policies er. Yet for many of us, even as the piness to America’s unborn children? often undetected and with a degree of President spoke those wonderful words, Will the President’s words be matched stealth. something seemed amiss, disconnected, by deeds that rescue and save the most What follows in the days and months and inconsistent with what we under- vulnerable among us? ahead will be a highly choreographed, stand his true agenda to be. Sadly, waiting in the wings, barely highly deceptive message amplified by Clearly not all are free in America. visible in the shadows, ready to a pliant supportive news media to mar- All are not equal or have a chance at pounce, lurks the most extreme pro- ket the agenda. The propagandists will happiness. abortion agenda in American history. try to sell the agenda by repeating ad Today, by direct government action If even a portion of the Obama agenda nauseam that their goal is to reduce and ongoing complicity, enabling or in- advances by executive order, reinter- abortions. difference, especially by Congress, pretation of existing law, or enactment Curiously, the very people who claim those God-given promises President of new laws like the so-called Freedom to want to reduce the number of abor- Obama spoke about are systematically of Choice Act, millions of children will tions will seek to degrade, undermine,

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.038 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H427 and if they get away with it, repeal struggle; and as we remember the his moral leadership, not only for orga- outright hundreds of Federal and State dream of Dr. Martin Luther King, Jr., nizing this discussion tonight among pro-life laws that have demonstrated let us also remember the words of Dr. our cherished colleagues but for a life- over time to have saved millions of in- Alveda King when she asks, how can time of standing in the gap on behalf of nocent human lives. the dream survive and we murder the the defenseless. I commend CHRIS Both the pro-abortion Alan children? SMITH and to no less extent his wife for Guttmacher Institute and pro-life ad- I would like to yield to VIRGINIA their work on behalf of the unborn. vocates agree on one thing, and that is FOXX. Mr. Speaker, I come to this Chamber that the Federal prohibition on tax- Ms. FOXX. I want to thank all of my cognizant of the fact that tens of thou- payer funding for abortion signifi- colleagues who are here tonight, to re- sands of Americans will brave the ele- cantly reduces the number of abor- member the millions of unborn chil- ments tomorrow, as they do every tions. According to the Guttmacher In- dren whose blood has been shed in the year, on what will be the 36th anniver- stitute, between 18 and 35 percent of abortion mills of America. I especially sary of the worst Supreme Court deci- Medicaid patients who would have had thank my colleague from New Jersey sion since Dred Scott. I bristle at the an abortion carry their babies to term who has organized this Special Order. term ‘‘anniversary’’ because, in my when Medicaid funding is not avail- Defending the defenseless is one of life, anniversaries are special things. able. Similarly, a recent study showed the most important duties that we We remember them at fondly remem- that when laws requiring one parent have as Members of Congress. The pro- bered occasions, and this is certainly consent before a minor girl obtains an life cause has roots deep in the historic not the case. abortion were enacted, the minor abor- battles against all forms of injustice, This is the annual marking of that tion rate was reduced by 19 percent and brutality and equality and is today decision which 36 years ago tomorrow 31 percent when parental consent was growing strong as we mark the infa- nullified all of the hard-fought bills required from both parents. These mous 36th anniversary of what one Su- and legislation over 100 years at the time-tested policies that have already preme Court justice called an exercise State level that put restrictions on the reduced abortion are now in jeopardy. in ‘‘raw judicial power.’’ abortion of unborn children in Roe v. The Freedom of Choice Act, if en- Despite recent setbacks, such as the Wade. acted, would repeal taxpayer bans on election of a stridently pro-abortion It is accurate to say that life is los- funding for abortions, including the President, those who spend their days ing in Washington, D.C., both in our ju- Hyde Amendment, which has been in fighting for abortion on demand don’t diciary among a pro-abortion majority effect for over 30 years. It would repeal know what we know, that they are on in the House and the Senate and now parental notification for minors; wom- the losing side. We are on the side of with the election of a pro-abortion en’s right to know statutes; conscience justice. We are on the side of the inno- President of the United States. protections for health care workers cent and the defenseless, and we are on But let me say with confidence that who want no part of this grizzly busi- the side of equal dignity for every while life may be losing in Washington, ness; ethical safeguards for embryo-de- human life. D.C., I believe life is winning in Amer- stroying stem cell research; the repeal So as we mourn the holocaust of ica. Despite the best efforts of the pro- of even the recently enacted ban on abortion and the grievous toll it has abortion movement, the defend abor- partial birth abortion, one of the most taken upon our Nation, let us not for- tion on demand, more Americans em- hideous methods of abortion imag- get whose side we are on. Though the brace the sanctity of life today than inable, where the child is half born in battle to protect every life, from un- ever before, especially younger Ameri- the birth canal only to have his or her born child to disabled elderly will be cans. brain sucked out to effectuate the long and hard, it is a battle worth While more than 50 million innocent death of the child. A hideous method of fighting. human lives have been ended by abor- child abuse. That would be repealed if As the late father Richard John tion since Roe v. Wade, I am happy to the Freedom of Choice Act were to be Neuhaus, our dear brother and fellow report, Mr. Speaker, that abortions enacted into law. Nearly every pro-life, soldier in this fight, said last year, ‘‘We have declined by nearly 20 percent in life-affirming policy over the past have been at this a long time, and we the last 15 years. That actually figures three decades would be gone, nullified, are just getting started . . . We shall out to be more than 881 lives saved per vitiated if this extreme piece of legisla- not weary, we shall not rest, until day, each a poignant reminder of why tion, sadly, backed by our President, every unborn child is protected in law we can never relent in the defense of were to be enacted. and welcomed in life.’’ life. Are these changes that we can be- And so today the fight continues. Now there are many theories about lieve in, Mr. Speaker? Hardly. The administration, sadly, will also President Obama has promised the pro- why attitudes are changing about the seek to enrich and empower pro-abor- abortion lobby that he will sign and sanctity of life in America. Some peo- tion organizations, most likely maybe support the Orwellian ‘‘Freedom of ple believe that moments like this on today, tomorrow, the next day will re- Choice Act’’ which, if it were to be- the floor of legislative chambers have peal the Mexico City policy, which sep- come law, would roll back almost every their good effect, and I would like to arates abortion from family planning restriction on abortions in America believe that, but I am not really sure and says that the U.S. taxpayer and and would even allow for taxpayer- that I do. our overseas population control pro- funded abortion on demand. Now, some think that it’s about po- grams will have nothing whatsoever to Such an act will take this country in litical activism and people organizing do with the promotion of abortion or the wrong direction and send abso- and communicating. And while that the performance of abortion as a mat- lutely the wrong message to the world. plays a role, I am not sure that it’s ter of family planning. That message is that we do not value changing attitudes in America. Much well-deserved respect, finally, life. That is not the message we need to And even some much more plausibly Mr. Speaker, has been directed to the be sending from this country. I believe believe that legions of organizations man and the legacy of the late Dr. Mar- we do value life, and that’s the message across the country that fall under the tin Luther King, this week especially. we should be sending. heading of crisis pregnancy centers, or- And for that reason we need to hear the Mr. SMITH of New Jersey. I yield to ganizations have come alongside young courageous voice of another Dr. King: the distinguished gentleman that women with unwanted pregnancies and His niece, Dr. Alveda King, who has serves as our conference chairman, Mr. provide them with resources and a mes- had two abortions and now speaks out PENCE, who has been a leader on behalf sage of hope and encourage them to for both victims of abortion: The un- of all human rights around the world. choose life are changing hearts, and I born child and his or her mother. (Mr. PENCE asked and was given per- am much more prepared to believe that mission to revise and extend his re- that’s true. b 1730 marks.) But I actually believe in my heart of As Dr. King has said, defending Mr. PENCE. I thank the distin- hearts that what’s changing in Amer- human life is part of the civil rights guished gentleman from New Jersey for ica today is happening in the quiet

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.087 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H428 CONGRESSIONAL RECORD — HOUSE January 21, 2009 counsels between mothers and daugh- these enlightened times will scarce be- permitting this hypocrisy is really a ters, between grandmothers and grand- lieve that it has been suffered to exist promotion, you might say, of age-based daughters, women who themselves so long a disgrace and dishonor to this discrimination, and I believe Ms. Stan- were victimized by abortion. I believe country.’’ ton would be appalled to know that it we are telling the most cherished Strong words, but I believe they are continues today. younger women in their lives the words that resonate with the con- After all, murder is a direct violation truth, and attitudes are changing science of a Nation. America is great of the very same rights that she was across kitchen tables and over coffee in because America is good, and at the fighting for back then and as proposed living rooms. very center of the American experi- by our Founding Fathers in original And that’s why I believe that life is ment is the belief in the value and the documents. You know, as the chairman winning in America. But that doesn’t sanctity of every human life. Until we of the Constitution Caucus, I have obviate the need for us to take action restore that principle to the very cen- pledged to fight for the liberties recog- here on Capitol Hill, and action we will ter of the rule of law in this very Na- nized by our Founding Fathers. But I take, not only as we prepare to respond tion, we risk the ongoing vitality of know, realistically, that we will have to what may be an eminent executive the American experiment. I believe it tough battles ahead in this term and order upending one of the most popular with all my heart. years ahead on many different fronts. restrictions on foreign aid in recent Mr. SMITH of New Jersey. I want to The first skirmish will likely be American history. There are rumors, thank our very distinguished con- waged in the executive branch. One of Mr. Speaker, that the so-named Mexico ference chair for his eloquent defense the executive orders that President City Policy will be overturned by our of innocent human life, for his stead- Bush stated in his Mexico City Policy, new President, and we prepare to make fastness on this issue, and point out and what it does is to ban U.S. funds a case on behalf of American taxpayers when my good friend and colleague from going to nongovernmental agen- and on behalf of pro-life Americans of mentioned Planned Parenthood, I cies that provide abortion services the wrong decisions if it comes to pass. think most Americans would be overseas. Now, just last week, I joined We also prepare ourselves in the legis- shocked and dismayed and even dis- Representative LAMBORN and other lative process to both defend and ad- couraged to learn that Planned Parent- Members of Congress in sending a let- vance the cause of life. hood alone performs approximately ter at that time to President-elect Just moments ago, with 63 original 300,000 abortions in their own clinics Obama urging him to uphold that pol- cosponsors, I reintroduced legislation every year, and that number is going icy when he comes into office. that I brought to this floor in the last up. Now, the second combat zone is right Congress, the Title X Abortion Pro- They seek even more money from the here in this U.S. Congress. Now, due to vider Prohibition Act. Federal Government, in part to expand the successful efforts of past legisla- It comes as a surprise to many to their capability, their capacity. More tors, particularly former Congressman learn that the largest recipient of non- clinics equals more dead babies and Henry Hyde, Federal funds could not be abortion Federal taxpayer dollars more wounded mothers. used to pay for abortions. However, through title 10 is the largest abortion I yield to my good friend and col- Members who support abortions will provider in America. Most Americans league from New Jersey (Mr. GARRETT), likely, very likely, seek to erode these don’t realize that. SCOTT GARRETT. key restrictions. Let me say that again, that the larg- Mr. GARRETT of New Jersey. And I 1745 est recipient of Federal funding thank the gentleman from New Jersey b through title 10 is the largest abortion for your leadership on this issue today Even worse than that, some Members provider in America. and in the past so much and in the fu- would like to pass something called the Now, Planned Parenthood, that re- ture as well. Freedom of Choice Act. So today, I cipient, will be very quick to say that, Mr. Speaker, as you know, I also hail have signed a letter to now-President well, title 10 can’t go to providing or from the great State of New Jersey; Obama, urging him to withdraw his promoting abortion services, and that and tonight I would like to begin to- pledge to support any such legislation. is certainly true, but it doesn’t change night by talking about a women who As bad as it is, fortunately, not all the fact that the largest abortion pro- lived there, who had lived there in congressional clashes are on the offen- vider in America is also the recipient Tenafly, a town in my congressional sive. So I applaud efforts of Members of literally tens of millions of dollars district. You may have heard her name who have introduced legislation to pro- in Federal taxpayer money that go into before. In fact, she is commemorated in tect the health of young mothers and their nonabortion related activities. a sculpture located right here in the restrict the number of abortions per- Our legislation, reintroduced today rotunda of this building. formed here in the United States. with broad support and in the last Con- I am talking about Elizabeth Cady Just today, I signed on, and I am gress, cosponsored by nearly 200 of our Stanton. Ms. Stanton was a leading so- proud to do so, of the original cospon- colleagues, would restrict any Federal cial activist of her time and a cham- sor of Mr. JORDAN’s bill, which is the family planning funds from going to or- pion of the women’s suffrage move- Ultrasound Informed Consent Act; Ms. ganizations like Planned Parenthood, ment. As a proponent of women’s ROS-LEHTINEN’s Child Interstate Abor- who perform abortions on demand or rights, some might assume she sup- tion Notification Act; and Mr. PENCE’s, for any reason, and I urge my col- ported a women’s ability to have an who was just speaking, Title X Abor- leagues to support this measure. abortion. No. tion Provider Prohibition Act. With this I close. I believe that life is Ms. Stanton actually took the oppo- Thankfully, the battle for the unborn winning in America because there is a site view. In a letter in 1873 written to is not waged merely here in the Cap- moral reawakening on this issue. It’s Julia Ward Howe, who was a prominent itol, in the Congress, in the Executive, happening in the quiet counsels of the abolitionist, she wrote ‘‘When we con- the walls of the White House, or the home and the workplace and in faith sider that women are treated as prop- halls here of the Congress, or even at communities. But that doesn’t change erty, it is degrading to women that we the desks across the street at the Su- the fact that we must take a stand on should treat our children as property preme Court Justices. The main strug- this floor, on the National Mall tomor- to be disposed of as we see fit.’’ gle is fought in the towns and suburbs row and in all of our communities on She called abortion then what it was and cities across this United States. behalf of the unborn. then and today as well, infanticide. Many Americans strive to promote It would be William Wilberforce who Today, over 100 years later, women, of life by supporting young mothers who said famously of his long multi-decade course, have won that battle of the cannot afford to raise their child. They struggle against the scourge of slavery, women’s suffrage movement and the do this by adopting children who do he said, ‘‘Never, never will we desist right to vote, but we still allow some not have a home or a parent. They till we . . . extinguish every trace of unborn infants to be classified as sim- counsel men and women who chose to this bloody traffic, of which our pos- ply, with what she called it, unwanted abort and now experience the very deep terity, looking back to the history of nuisances and to be killed. You know, depression and regret.

VerDate Nov 24 2008 02:24 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.088 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H429 Just closing, just yesterday, I say, ‘‘Latta, how do you sit through farther away when you look at the way thought for a split second that our new that stuff day after day after day?’’ I’d the winds are prevailing. President would seek to protect this say, ‘‘It’s my job.’’ It has been 36 years since we have innocent life as well. As I listened to But then when we had the partial had the fateful decision of Roe v. Wade. his inaugural address, I heard him say, birth abortion bill come before our In 36 years, we look at the fruit of that and I quote, ‘‘All are equal, all are free, committee, it was kind of also very decision and what it has led to. Has it and all deserve a chance to pursue unique to sit there in that committee been freedom for women? Some might their full measure of happiness.’’ It room and look out across that audience say so. Has it been enslavement for seems that President Obama really be- and looking down across the com- women? There are a lot of women who lieves that some people are just too mittee to the folks sitting in their testify that yes, it has been enslave- young or too small to deserve such chairs. There was a lot of squirming ment for them, to years of depression, rights or privileges. going on that day because of the testi- fighting perhaps alcoholism, drug ad- Perhaps the new President should mony of the doctor that testified that diction, because they had no idea what study the position of one of his prede- day to explain exactly what partial terminating the life of their little child cessors, John Quincy Adams. Adams birth abortion was. would do to them in terms of ripping once wrote, ‘‘Americans, ask the Dec- It was one of those days that I had up their insides. They didn’t really laration of Independence and it will the initiative at times as the Chair know what the decision would mean. tell you that its authors held for self- that I can actually tell that we are not My husband has had the privilege of evident truth that the right to life is going to have anyone under the age of counseling women and men who have the first of the unalienable rights of 18 in the hearing room because of what been in that decision, abortion-minded man, and that to secure and not de- it might do to affect some of the kids women, who have later deeply regret- stroy that right, that is the reason the that might be there. ted that decision that they made. I governments have been created.’’ But when we heard the testimony know for my husband and I, we are just So, as I stand here as an elected offi- that day, I can look down on both so grateful God gave us five biological cial in this government, I pledge, along sides, left and right, and see from my children over the years that we are with my colleagues from New Jersey, members on that committee that they grateful for, and we lost one. and across this country, to follow John had heard enough. And they wanted to The baby that we lost taught us so Adams’ footsteps and uphold our basic vote. It was a bill that we were able to much. When that baby died, it changed fundamental right. For without this bring to the floor quickly. We got that our lives. I know for me, personally, I couldn’t speak for 3 days after I lost fundamental right, all other freedoms bill passed in Ohio to ban that horrible, that baby. Something was touched in in this Nation shall perish. horrible procedure, as discussed a little the center of my soul, something so Mr. SMITH of New Jersey. Thank bit earlier. you for that very compassionate and We do things in this country that, deep, so fundamental about human life historical context that you bring to when you see what we try to do to save that I can’t even put into words right now. But the one thing I do know is the floor today. the living, it’s time that we do what we that we are created in the image and The gentleman now recognizes Mr. can to save those who cannot speak for likeness of a holy God. LATTA. themselves. I just think that we should not be Mr. LATTA. I thank the gentleman According to the National Right to about the business of taking away for yielding. I appreciate your efforts Life, since 1973, there have been something that is so precious and so today on putting together this Special 49,551,703 abortions performed in this life-giving and that can never be al- Order. Tomorrow, we are going to have country. In the State of Ohio, from the tered. It is a decision that, once it’s tens of thousands of Americans here. Department of Health, we have records made, can’t be changed. They are coming here to support the showing that 32,936 abortions were per- When we lost our own baby, my hus- rights of those who can’t speak for formed in Ohio alone in 1 year. band and I decided we wanted to open themselves, the right of the unborn. I And I will close on this, because we up our home to children that were in know in my hometown of Bowling have to think about this. We have all difficult circumstances. And so we Green, at Bowling Green State Univer- these troubles and travesties that are brought in 23 children over the years, sity, I know that at least 40 college coming before our country today. We not all at once, but over the years, and students will be coming down tomor- have to ask ourselves, of those it changed us for the better, bringing row to be out there on that Mall. 49,551,703 lives, who among those could in kids who are in really some of the It’s great that we had so many people have found the cure for cancer? Who very tough, tough situations. But, you here yesterday, but we also have young among those could be out there that know what? I have often heard that people coming out to talk about and found that energy cure that we have to phrase from Planned Parenthood that support those who can’t speak for have for this country? And, who in that says, ‘‘Every Child a Wanted Child.’’ themselves. number could have been the next Presi- I just want the American public to As already has been mentioned by dent of the United States? know, every child is a wanted child. other of the Members today, talking So I am very, very glad to be here to There’s a foster parent out there that about their views on the Freedom of support those who cannot speak for wants to take in a child in at-risk situ- Choice Act and what that will do in themselves and stand before you and ations. There are adoptive parents out this country, it will be a travesty. The say that it’s time for this country to there that are crying tonight, literally world judges us by what we do, and remember those who cannot speak and crying themselves to sleep, because they will judge us harshly when they defend themselves. they want to take in a child. see what we do if this bill would ever I yield back. Thank you. No, we are not talking just perfect become law. Mr. SMITH of New Jersey. Thank children. We are talking special needs I have always been pro-life. When I you very much, Mr. LATTA. children. Children with disabilities of was in the Ohio Legislature, I had the I’d like to yield to MICHELE every kind. There are parents that privilege of chairing the Senate Judici- BACHMANN. The gentlelady is recog- want to adopt those children. ary Committee and the House Criminal nized. And so when I look at the policy that Justice Committee. Probably one of Mrs. BACHMANN. I thank the gen- is coming down the pike here in our the toughest days that we ever had was tleman from New Jersey (Mr. SMITH). I Nation’s Capitol or we are looking at when we had the partial birth abortion would like to just thank him for the reviving this policy of having the ban bill up. And when you sit on a com- years and years and years of commit- American taxpayer pay for inter- mittee that hears about all the grue- ment that he has had to the unborn national abortions, my heart breaks. It some crimes that are committed here in America. The unborn have had breaks because it’s all so unnecessary. against the living, and I’d always have a friend in CHRIS SMITH. I thank you. It’s unnecessary because there is love. some of my constituents say to me, That through thick and thin, it seems There are homes. There are men, there after they sat through some of our like we got a lot closer to our goal. are women that want to offer the posi- hearings after a long day, they would Right now, it seems like we are a lot tive alternative.

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.090 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H430 CONGRESSIONAL RECORD — HOUSE January 21, 2009 For years, one of our colleagues from President Reagan first issued this sion in 1973, more than 50 million ba- Pennsylvania, JOE PITTS, offered legis- Executive order in 1984. This policy, bies have been denied the right to life. lation called the Positive Alternatives the Mexico City Policy, establishes a We must make our laws consistent Act. He was gracious to allow me to bright line between family planning ac- with our science and fully restore legal offer that bill last year. I offer it again tivities and abortion, therefore ensur- protections to all those waiting to be now this year. It says to the men and ing that U.S. family planning funds are born. If the government has any legiti- women of America who are in a preg- not co-opted by groups who promote mate function whatsoever, it is to pro- nancy that maybe they didn’t count on abortion or provide abortion as a meth- tect the most innocent among us. that there’s another way. Abortion od of family planning. And, just to comment on the pre- isn’t the only answer. There’s a posi- vious speakers, one of the most egre- b 1800 tive alternative. gious procedures ever done is the third Can we allow tax money, your tax Such activities sends a wrong mes- trimester abortion. I can tell you as a money, the American people, to go to sage overseas that the United States physician with over 30 years’ experi- pay for international abortions? promotes abortion. The Mexico City ence there is no indication for that pro- Shouldn’t we allow your tax money to policy simply assures that taxpayer cedure for protection of the life of the go to offer to pay for positive alter- money is not used overseas to fund mother. There are none. And my group natives for men and women, to offer highly controversial abortion pro- that I practiced with for over 30 years them counseling, hope. Isn’t this the viders. The controversial debate of has delivered over 25,000 children, and I time of hope and change? Let’s offer abortion has no business being included can tell you right here and now, it true hope and change that will make in foreign aid programs, and the Mex- breaks my heart to see that procedure, an eternal difference in the lives of ico City policy makes it clear that to know that it is done, and it is legal America’s next generation. abortions are not to be funded overseas in this country. That is as wrong as it We have lost 50 million. We have lost with U.S. tax dollars. gets. 50 million Americans. Part of the gen- In these difficult economic times, the I am glad and privileged to be here on eration that would be up and working American people would not want tax- the floor of the House with other legis- right now to build this country into a payers to fund groups that are trying lators fighting for the rights of the un- better Nation, but we have lost them to export abortions all over the world. born, and I thank you very much, Mr. to eternity. We have lost them. Also, in a moral sense, it is simply Speaker. I say we have a chance now for true wrong to make all Americans who pay Mr. SMITH of New Jersey. I yield to hope and true change, to have a posi- taxes complicit in even the smallest JIM JORDAN. tive alternative so that tax money degree with the funding of abortions Mr. JORDAN of Ohio. I thank the won’t be spent just on death, but tax overseas when tens of millions of gentleman for yielding, and I thank money now could be to offer life, a true Americans believe abortion, elective him for his many years of work on be- positive choice. That is why I am so abortion, is immoral and wrong. half of the pro-life cause and his work grateful to my colleague from New Jer- We strongly urge President Obama with the Pro-Life Caucus, in the bipar- sey, the wonderful Representative not to go down this road by forcing tisan Pro-Life Caucus, here in Con- CHRIS SMITH, because for years and American taxpayers to pay for abor- gress. years and years he has known, he has tions overseas. We urge you, Mr. Presi- I just want to say quickly three fought. He gets it. dent, do not get rid of the Mexico City thank you’s to the thousands of people The next generation needs us. They policy. who will be here tomorrow and to the need our voice. And that is why I am so I thank you. millions of pro-life people across this grateful that I can be a Member of Con- Mr. SMITH of New Jersey. I yield to country: Thank you for getting in- gress, to make that message now and Mr. ROE. volved in this most important issue to make that plea with my beloved col- Mr. ROE of Tennessee. I thank the about the sanctity of human life. league, just to beg our colleagues to gentleman for yielding. I spoke Sunday night back in our dis- join us. If we can offer death, certainly Mr. Speaker, as an obstetrician/gyne- trict to a banquet for a women’s center our country is good enough to offer cologist for over 30 years, and I have in the town of Bell Fountain, Ohio, and life. delivered close to 5,000 babies, I strong- With that, I yield back. I told them the same thing, thanking Mr. SMITH of New Jersey. Mrs. ly, very strongly, support the sanctity them for their effort in this cause for of life. BACHMANN, thank you so much for your so many years, but also specifically I not only eloquent, but your passion for Using 3–D technology like the thanked them for two other things. innocent life, and especially for the ultrasound has given us a window to First, I thanked them for taking the women who are so seriously injured by the womb that shows that the unborn risk. There is always risk associated each and every abortion. Very often it child is a living, breathing person. We with stepping into public life and advo- doesn’t manifest itself immediately. can see the heartbeat as early as 28 cating for something so important. There’s a post-traumatic stress ele- days post-conception. I have watched There is risk associated with getting ment to this. And you certainly get it. babies breathe, move their small fin- off the sidelines and getting in the And I think your passion and your gers. They are human beings at that game to try to make a difference. We voice is indispensable in this Congress. point of conception. I have looked know that many times those in the So I thank you for your leadership on through this window with my own eyes press don’t always give us a fair shake behalf of all human life. many, many times. I have seen human on this issue. I yield to my good friend, Mr. development from its earliest stages of I am always reminded of Cal Thomas, LAMBORN. a fetus all the way through birth, a guy who was pro-life and a syn- Mr. LAMBORN. I thank the gen- which strengthens my conviction in dicated columnist, Cal Thomas, and tleman for yielding and, most of all, for the right to life. what he said when he was talking his leadership on this vital interest of Life is a precious gift from God, and about how sometimes the press doesn’t protecting life. So, thank you, Rep- it begins at conception. It is our re- always give us a fair shake. And he had resentative SMITH, for the years of sponsibility and privilege as legislators a great line. He said, ‘‘I get up every dedication and for that of your wife as to protect those who do not have a morning; I read my Bible and the New well. voice. I will always fight for the right York Times so I can see what each side Mr. Speaker, I rise today in honor of to life, because it is my conviction that is up to.’’ And there is certainly some the sanctity of all human life. Last we are all unique creations of God who truth to that. We understand the risk Friday, in a bipartisan effort that I ini- knows us and loves us before we are that people take when they step for- tiated, 78 Members of Congress sent a ever conceived. ward and advocate for this, but the letter urging President Obama to con- Tomorrow, in my opinion, will mark risk is worth taking, because this issue tinue the Mexico City Policy, which one of the most tragic, misguided Su- is so important. separates abortion and family planning preme Court cases in our Nation’s his- And the last thing I would say to, in America’s foreign aid programs. tory, Roe versus Wade. Since its deci- again, the thousands who are going to

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.091 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H431 be here tomorrow and the millions of essarily disagree with that statement. profit that year of $112 million. Yet pro-life people across this country, for But what I do say to that person who is taxpayers’ dollars went to that organi- the work you have done for years to pro-abortion: She does not have the zation to the tune of $336 million that help protect human life and protect the right to kill her unborn child. That un- hardworking taxpayers sent to the unborn, stay positive. I see the dif- born child should have constitutional Federal Government in your tax dol- ference you make when you get a protections, and there is no question lars. We have to stop funding this orga- chance to talk with the folks who have about it, because it is a person. In fact, nization that is killing these children. helped these women’s centers across in the Roe versus Wade ruling, in the They say, well, it is not used for the country, these crisis pregnancy majority opinion it was stated: If any abortion. It is used for family planning. centers across the country. They are so definition of the beginning of life was It is used for other things. Well, this is positive, when they can help a young ever established legislatively, it would just a shell game. It is transferring lady who is in this position, help her vacate Roe versus Wade. funds from one place to another so with her unborn child and help her But let me tell you, America, this is they can continue this culture of death through the whole pregnancy. Stay a person. It is a baby. It is a baby who that they promote. And it is about positive. Positive people get things has all of the genetic material that it money for them. It is about power. For done; negative people are negative. needs to grow and be successful as a the abortionist, it is about making a Positive people accomplish things of human being. It is totally different lot of money, and that is what it is all meaning and significance; negative from its mother’s genetic makeup. It is about. I don’t see how they can stand people are negative. Positive people ac- a separate human being. At the time of themselves to look in the mirror every complish real things, and they help a fertilization is the only time that we morning after they have killed all lot of other people accomplish them as can say that we can draw lines scientif- these children, because I know within well. So stay positive. ically and say that there is not life and my heart that they have to know that I will finish with this, Congressman. that there is a separate life. That oc- that is a child, that that is a living I am reminded of the story from Scrip- curs at fertilization. human being. We intuitively as physi- ture we are all familiar with where the So we need to protect these children. cians know that. Israelites were camped against the It is absolutely critical as a Nation be- In fact, when I graduated from med- Philistines, and every day the Phil- cause, as I said, God cannot continue ical school, from the Medical College of istine giant would walk out and issue to bless America while we are killing Georgia, I did a pledge. It is called the the challenge: Who would fight Goli- 4,000 babies every day, and 1.2 million Hippocratic oath. And in that oath ath? The Israelites’ response was: He is babies, it is estimated, on a yearly there are two things that I pledged to so big, we can never defeat him. But basis. do. One was to do no harm. Abortion David’s response was: He is so big, I We have a President, a new President does harm to that child, a separate can’t miss. And that is the attitude who has said that he would sign the human being. It is not the mother’s that pro-life people have had for over 30 Freedom of Choice Act. The Freedom body. It is that child’s body, and we are years and that is the attitude that is of Choice Act would actually allow doing harm. ultimately going to allow us to win in abortions throughout the pregnancy, Secondly, more importantly, I this country and some day protect for 9 months, all the way until the pledged not to do an abortion. Sadly, every single human being and make baby literally was born completely and medical schools don’t do the Hippo- sure that unalienable right that our started to breathe on its own. But this cratic oath anymore. Why don’t they Founders talked about really applies to is a baby. It is a life prior to that birth. do it? For the two reasons I just stated: every single American. In fact, the D&X procedure, partial Because the pledge in the Hippocratic Mr. SMITH of New Jersey. I thank birth abortion, if you will, was devel- oath says, I will do no harm, and I will you very much. And I think you very oped solely, solely, folks, and I can tell not commit an abortion. correctly pointed out how important it you this as a physician; it was devel- b 1815 is to stay positive, and Dr. ROE cer- oped by the abortionists solely to guar- tainly did the same, especially bring- antee a dead baby. Doctors in medical schools today ing his expertise as a medical doctor to They were faced with a dilemma. don’t take that pledge any longer. But this very important fight for human During these late-term abortions they this is the most important issue we rights and for protection of both the were delivering babies that were alive, face morally as a Nation. We have to mother and the child. So I thank them breathing, struggling for life. These stop the killing of these kids. There is both for their contributions. abortionists would throw these babies absolutely no question about it. We And I yield to Dr. BROUN now such on a stainless steel counter or in the have to stop using taxpayers’ dollars to time as he might consume. garbage can and allow them to die. It fund Planned Parenthood. We have to Mr. BROUN of Georgia. Congressman tears my heart out just to think about stop funding abortions in military hos- SMITH, I appreciate the opportunity to that, but that is literally what they pitals overseas and in other Federal fa- speak tonight. were doing. They had to develop a pro- cilities. We have to stop funding orga- Mr. Speaker, there is no greater cedure that would guarantee them a nizations around the world that use moral issue in America than killing dead baby, and that is the reason the taxpayers’ dollars to promote abortion 4,000 babies every single day. We have partial birth abortion procedure was for family planning and for other killed 53 million unborn children since developed. things. Roe versus Wade. God cannot and will There is absolutely no—let me re- As we look overseas at the Mexico not continue to bless America while we peat—absolutely no medical reason to City Policy that Barack Obama said he are killing these unborn children. He do that procedure except but to guar- is going to overturn, those moms in creates life. He is the only entity who antee the abortionist a dead baby. That those countries don’t need an abortion. has the right to take away innocent is what it is all about. They need some help. They need a job. life. For many years, we have had the They need economic wellbeing. And I am a medical doctor. I have treated Mexico City policy that was put in abortion is not going to give it to a lot of patients over many years of place years ago during the Reagan ad- them. serving the public in that capacity as a ministration, and what it says is that Madam Speaker, I just heard a story physician, and I want to tell you that taxpayers’ funds would not be given to recently. It’s a story about a married women suffer through abortion. When foreign entities that promote abortion lady who had one child. She and her we look at a woman who is pregnant, for family planning. Here in this coun- husband were struggling economically. we have two patients actually. That is try we have Planned Parenthood. The And she had an unintended pregnancy. truly a child. last statistics that I have here before So she goes to her doctor and says, We hear people, particularly the pro- me tonight were put forward in 2006. Doctor, I need to have an abortion. I abortion folks, talk about a woman Planned Parenthood admits to per- cannot continue through with this should have the right to do with her forming 289,650 abortions, killing that pregnancy. I cannot afford a second body as she pleases. Well, I don’t nec- many unborn children. They have a child. The doctor said, okay, I will be

VerDate Nov 24 2008 02:24 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.092 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H432 CONGRESSIONAL RECORD — HOUSE January 21, 2009 glad to do it. She was shocked at the ultrasound is even better—they look at GENERAL LEAVE cavalier attitude that the doctor had. that baby and say this is a child. And Mr. SMITH of New Jersey. I ask He said, but I will tell you what. Why they realize that that is a child. And unanimous consent that all Members don’t we kill your 2 year old? Why the American public needs to under- have 5 legislative days in which to re- don’t we kill your 2 year old? This is a stand that it’s a child. It’s a baby. The vise and extend their remarks on the child. You have another child in your word ‘‘fetus’’ is a Latin term. You hear topic of my Special Order. uterus. Why don’t we kill your 2 year the pro-abortion folks say that it is The SPEAKER pro tempore. Is there old today, and then you will have the just a fetus. That term ‘‘fetus’’ means objection to the request of the gen- rest of your pregnancy to be able to ‘‘baby.’’ That is the definition of the tleman from New Jersey? save some money and get back on your word. It is a baby. And it truly is. There was no objection. feet and be able to put things in order. And I appreciate the long, hard fight f And you will still just have one child. that you have been doing for all these THE INALIENABLE RIGHTS OF THE Well, she was shocked, absolutely years to try to protect these children. UNBORN shocked. How could he suggest such a And I’m glad to join you in that effort. thing? Mr. SMITH of New Jersey. Thank The SPEAKER pro tempore. Under a But that is exactly the point he was you so much, Dr. BROUN. previous order of the House, the gen- trying to make, that this is a child. It’s DANA ROHRABACHER. tleman from Indiana (Mr. SOUDER) is a human being. It’s a life that is to- Mr. ROHRABACHER. Thank you recognized for 5 minutes. Mr. SOUDER. First, I want to thank tally separate. Just like her 2 year old, very much, Madam Speaker. And let Mr. ELLISON who has been waiting for that baby in her uterus is a child. It’s me just note that I have worked with a baby. It’s a person, a whole, new some time to do his Special Order and CHRIS SMITH now for 20 years. He is a has agreed in effect to cut the line human being who should have the right heroic individual, a man who has come here. People say that we don’t do that we all have, the constitutional forth and put so much time and so things in a bipartisan way, but we try right of life, liberty and pursuit of hap- much energy into protecting human to accommodate. And he has been very piness, as the Declaration of Independ- rights throughout the world. Through- ence says, that we are given those cer- gracious, and I appreciate that. out the world, this man is known as I would like to yield 1 minute to Mr. tain inalienable rights and that we are the guy who will step forward and take endowed by a Creator to have those FORTENBERRY from Nebraska. the time and the effort to try to pro- Mr. FORTENBERRY. I thank the rights. tect people who are under attack. We need to give those rights to these gentleman from Indiana for yielding as Whether they are Montagnards or unborn children. We have to stop the well. I was watching the conversation whether they are off in Africa or culture of death in America. We have back in the office and felt compelled to whether they are in South America or to stop this killing of these children, 50 come down and speak as well. I wanted wherever out in the world that you million, 53 million, whatever it is. God to commend my colleague, Congress- have people whose human rights are cannot and will not continue to bless man SMITH, for all of his leadership being abused and peoples’ lives, inno- America if we do. And His judgment is through the years on this essential cent lives, are being lost, CHRIS always going to fall upon this country if we American issue. stands up for them. And I have tried continue this heinous practice of kill- And Congressman SMITH, I wanted to my best to work with him. He has a lot ing these unborn children. relay a story to you of something that more energy than I do. But it has just Mr. SMITH, Congressman CHRIS happened to me a few years ago. I was been an honor serving with him. SMITH, I greatly appreciate your doing at our State fair. And there is a group these special orders tonight. It is such And it is so consistent with that posi- of people there who actually hand out an important issue. It is the greatest tion for people who claim to believe in little plastic replicas of unborn chil- issue we face morally as a Nation. We human rights to also take a very close dren just as a positive reminder to all have to stop it. And I’m happy to work look at the issue of abortion and under- of us about what an unborn child looks with you and other members of the stand that we are talking about a like. And I took one and brought it pro-life caucus in fighting to preserve human being which has rights. home. And somehow it ended up on the the life of these unborn children that Now let me note that I did not al- floor in one of my children’s room or desperately want to live and that our ways hold the position on abortion the toy room. And our youngest child country needs to desperately protect. that I do today. And for a great deal of actually picked that little replica of an And I thank you so much for the time, time in my life, I didn’t give it any unborn child up and was carrying it sir. thought at all in fact. And what con- around. And before she could hardly Mr. SMITH of New Jersey. Dr. vinced me, it was very interesting, I speak a word, she was saying the word BROUN, thank you very much for your worked for Ronald Reagan years ago. ‘‘baby, baby.’’ This little child herself very eloquent and passionate state- And Reagan called me to the front of recognized an immutable truth that ment and bringing to bear your med- the bus one time. And he said, DANA, I the wisest of us on the Supreme Court ical expertise on this very important want to talk to you about abortion, be- and the legislatures here and through- issue. It is extraordinary. And I hope cause he thought that I was dis- out the land don’t seem to be able to people are listening, especially Mem- appointed in a decision that he had grasp. And I think this point is essen- bers of Congress. made to stand up against abortion. And tial in the sense that I think we are en- Mr. BROUN of Georgia. Thank you, I said, no, I’m not against it. I just tering a new phase in society where we Congressman. And the thing is that as don’t know much about it, and I know have to confront this issue head on. a physician, I know that is a life. There there’s a political price to pay for peo- The pain, the trauma, the personal is no question. Scientifically, it is a ple who are so pro-abortion that they conflict, the psychological damage, the life. It is a separate life. It is not the will come back to you on this issue. tearing apart of hearts that has oc- mom’s life. It is not just a little glob of And he said, let me ask you this, DANA. curred because of abortion I think tissue that is amorphous—that is a If you had a close friend and she was could potentially lead us to a new day medical term, by the way—that doesn’t pregnant, and perhaps a former boy- because America is built on a funda- have form. By the time the mom knows friend who hated her and wanted to get mental premise namely that all per- she is pregnant, there is a heartbeat even with her for no longer being his sons have inherent dignity and there- there. The baby is developing. It is a girlfriend, then intentionally dragged fore rights. We have lived that imper- person. It is developing feelings. It is her into an alley and kicked her in the fectly as a country because we had to developing a central nervous system. stomach because he said, I know you’re fight a civil war and have a 100-year That is why ultrasound has been so im- pregnant and I’m going to kill your civil rights struggle because we didn’t portant in protecting the lives, because baby. believe that at first if you were black. these moms who are in crisis preg- The SPEAKER pro tempore (Mrs. We didn’t believe that at first if you nancies, when they go to a crisis preg- HALVORSON). The time of the gen- were a woman, because at the begin- nancy center with an ultrasound—a 3D tleman has expired. ning of last century women didn’t have

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.094 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H433 the right to vote. And we have not ma- know how they are going to deal with b 1830 tured yet I think to this point. But I their finances. We pledge our unwavering commit- certainly believe we have the capacity And what you see in the pro-life ment to these legislative priorities, to, because our philosophical premise movement is not only a love for the and we will not rest until they become is to accept the fact that the new civil baby, but increasingly a love for the law. rights struggle is for the unborn be- parents. And that is part of our respon- I want to throw it out to our co- cause women deserve better than abor- sibility. We can’t just point a finger. chairman, RAU´ L GRIJALVA from the tion. The question is how do we address pov- great State of Arizona and ask him, So Mr. SMITH, thank you so much for erty? How do we address it on an indi- what makes you come to the House your leadership on this issue. And I’m vidual basis, not just conceptually? Are floor tonight and commit yourself to very grateful to be a partner and col- we open that when somebody is in need talking about the Progressive Caucus league with you as we build toward a that will answer the phone, that will and the principles that support our new way forward, a new day for Amer- provide the food, that will provide the caucus? ica, and we can celebrate the beautiful shelter, that will provide the clothing. Mr. GRIJALVA. Thank you very gift of life and confront circumstances And it is just amazing to watch these much, Mr. ELLISON, and thank you, no matter how hard and difficult they centers all over the country who aren’t Congressman, for your initiative in be- are with a loving community response just talking the talk but are walking ginning to highlight and to talk to the that helps get people through it. Thank the walk. American people about the Progressive you so much. Tomorrow we will see many of them Caucus, about the fact that the Pro- Mr. SOUDER. I wanted to share a few here in Washington. And I want to gressive Caucus stands for more than thoughts. Many years ago, I was a stu- thank all those millions of volunteers people have given us credit for, and dent at Indiana Purdue University in around the country for showing the stands for what I believe are the com- Fort Wayne. I’m old now. But in the true love that comes in the pro-life monsense, rooted values of the Amer- late 1960s and 1970s, prior to Roe v. movement. We need to have political ican public in general. Wade, many of us were concerned action. But we also need to have this Mr. ELLISON. Is fighting for eco- about the liberalization of abortion personal action. nomic justice and security in the U.S. laws in California and New York. And I I want to again thank Mr. ELLISON and global economies, is that part of was then a graduate student at the for yielding. And I yield back the re- the Progressive message? University of Notre Dame on January mainder of my time. Mr. GRIJALVA. It is essential to the 22, 1973 when the Supreme Court deci- f Progressive message as we look, as we sion on abortion came through. The- try to spin our way out and as our THE CONGRESSIONAL rese Willke, the daughter of Dr. and President said yesterday, to come out PROGRESSIVE CAUCUS Mrs. Willke from Cincinnati, who of this long, dark night economically founded the National Right To Life and The SPEAKER pro tempore. Under and socially in this country, and to get came up with the little feet, and I the Speaker’s announced policy of Jan- ourselves in a position where we are re- formed an organization called Student uary 6, 2009, the gentleman from Min- building America, its schools, its peo- Coalition for the Human Life Amend- nesota (Mr. ELLISON) is recognized for ple, and its infrastructure. We are re- ment with Dr. Charles Rice who wrote 60 minutes as the designee of the ma- building its values, and we establish the original human life amendment jority leader. ourselves in a global sense, not only who was a law professor at Notre Dame Mr. ELLISON. Madam Speaker, my economically, but as leaders, that the and was our faculty adviser. We worked name is KEITH ELLISON, and I do rep- American people have a shared respon- for many years trying to overturn the resent the great State of Minnesota. sibility in this. I thought those were decision. But it has been interesting to And tonight I’m coming to the floor to very poignant and very important watch both my pattern at the personal talk about the progressive message of words. It was an historic inauguration, level and to watch the pro-life move- the Progressive Caucus, the Congres- one that is fundamentally changing the ment evolve. When I was a young male sional Progressive Caucus, dedicated to scope and the tenor of this Nation. student, quite frankly, I didn’t know ideas that some might describe as lib- President Obama called upon us to much about babies, didn’t really care a eral, but all must recognize have bene- embrace a shared responsibility. He whole lot about babies, thought that fited the United States over the course called upon us that this shared respon- maybe when they became college age I of time. sibility is going to be the cornerstone would be able to relate well, so I can’t To be liberal is to be open-minded, to of how this country pulls itself out of say I was initially motivated by love. I be accepting of others, to listen to dif- its quagmire and begins a renewed and was motivated by horror. Who would ferent points of view and to try to be better future for all Americans. And I take the life of these innocent babies? tolerant and inclusive of all people. think the call for shared responsibility Probably my first eye-opening expe- But the progressive community in the and sacrifice is a hallmark of our Na- rience was in the Lamaze baby course United States and throughout our tion’s spirit, and it is a hallmark of its as I was watching my own daughter, whole land is entitled to have a body of past. Brooke, develop in the womb, feeling people in Congress who will reflect I think today as we speak about the the attachment of a parent, and then their views. And tonight we are coming Progressive Caucus, it is also time to all of a sudden the love side comes in. together to offer these views. I’m proud reflect on what we have been through The pro-life movement started most- to be able to take the floor tonight and not to point fingers and not to ma- ly as a frustration to overturn a law. with the cochair of the Progressive lign anyone in particular, but to talk But as the pro-life movement evolved, Caucus, Mr. RAU´ L GRIJALVA from the about the past, what went right and we still have many people trying to be great State of Arizona. We are proud to more importantly what went wrong, a symbol to the Nation, a conscience in have him in our leadership. and how not to repeat those mistakes. the march here tomorrow and marches But I want to point out before I hand I think the opportunity afforded to us all over the country, like in Fort it back to our Chair that the progres- tonight by yourself and others is a very Wayne on Saturday. But my wife now sive promise is fairness for all. The important step in that direction. works at the Hope Center. We support Congressional Progressive Caucus of- Mr. ELLISON. In the beginning of women’s care centers. Tonight she is fers progressive promise for all. We be- our hour as we come together in this on a hotline trying to deal with young lieve in government of the people, by Special Order, I think you, as one of mothers. Because for too long, all we the people and for the people. Our fair- the leaders in the Progressive Caucus, were concerned about was stopping ness plan is rooted in our core prin- have correctly identified economic jus- abortion and not helping the mothers ciples. And it also embodies national tice as one of the critical things that involved. What do they do? All of a priorities that are consistent with the the Progressive Caucus stands for, not sudden, they’re in a disastrous situa- values, needs and hopes of all of our only here at home but also abroad. tion. They don’t know how they are people, not just the powerful and the Congressman GRIJALVA, what does it going to deal with school. They don’t privileged. mean to you that there are a billion

VerDate Nov 24 2008 02:24 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.095 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H434 CONGRESSIONAL RECORD — HOUSE January 21, 2009 people who go to sleep every night is the example that the rest of the Mr. GRIJALVA. Yes. Our caucus has around the world who live on less than world looks to us not only as leaders long believed that promoting global a dollar a day? but as examples of that. I think Presi- peace and security is essential to the Mr. GRIJALVA. One of the tragedies dent Obama said it well, we are to lead security and the peace here at home. for our Nation has been in the last 8 by example. And our civil rights and We have pledged under our mission to years our inability to not only export our civil liberties being the funda- honor and help our overburdened inter- our products but export our values to mental right of every American, the national public servants, both civilian the rest of the world. With the expor- rule of law a fundamental right, the and military, so it is not always the tation of values comes the exportation ability to exercise our discretion and hammer that we use internationally of ideas, democracy, and I think the our choice in a democracy, to protect but is extending the hand of support. most important thing is that we have our Constitution, to eliminate dis- And the international public servants, an association with other people, not crimination, those are what this coun- God bless them, they sacrifice more by domination, not by exploitation, try is built on. That is why people have than we can ever thank them for, but but a cooperation that we are going to died for this Nation, to protect those they need the support. They need the work together. And for a billion people rights, and they are essential. And any resources and the personnel, and they and children in the Third World and part of what the Progressive Caucus need the help. poor people, to wake up trying to fig- does is to protect, as you well said, to And to bring home our troops, bring ure out where they are going to live protect, preserve those civil rights and them home from Iraq as soon as pos- and survive that next moment and that liberties. They are part of what makes sible, to make sure that the agreed- next day is a tragedy upon all of us, us American, what makes us unique upon timetable, both by the Iraqis and and it is a tragedy upon all of us who and different, and, quite frankly, what by our new President, is upheld, fol- have the privilege of living in this makes us coveted. And to do what we lowed through, that there are no per- great Nation. need to do as a country and to continue manent bases there, that there is no That is part of economic justice be- that example, we need to protect num- presence there, that we bring our cause it is part of the picture, as you ber two in a big way and in an earnest troops home, thank them, give them well know, KEITH, that if we are going way, and that is why the Progressive the respect and support that they need, to have real security in this Nation, we Caucus is so important to this Con- and begin a whole new era and a new share the common value of prosperity gress because we make that one of the dawn of how we do our international and opportunity for other people in the platforms that we are united around. affairs and how do we really promote world. One of the breeding grounds for Mr. ELLISON. Chairman GRIJALVA, peace. And to rebuild all of the alli- hatred and one of the breeding grounds as you know, the Progressive Caucus is ances around the world, to restore for violence in this world, and to some dedicated to preserving civil rights and international respect for the American extent in our Nation, is the lack of—— civil liberties. That means we believe power and influence, and reaffirm our Mr. ELLISON. That’s right. in sunsetting expiring provisions of the Nation’s constructive engagement in Mr. GRIJALVA.——the lack of PATRIOT Act and bring remaining the United Nations and other multilat- health, the lack of education, the lack provisions into line with the Constitu- eral organizations. Rather than play- of food and the lack of opportunity. tion. We believe in protecting the per- ing the role of reluctant partner in Mr. ELLISON. So when we are talk- sonal liberty of all Americans from un- many of these alliances and organiza- ing about fighting for economic jus- bridled police powers and unchecked tions in the United Nations, we must tice, we are talking about universal government intrusion. That means un- be firmly and totally engaged, both health care and about preserving guar- lawful surveillance, things like that, with resource support to the United anteed Social Security benefits for all violation of the Foreign Intelligence Nations and as a full participating Americans, including protecting pri- Surveillance Act. We believe an ex- partner in the enhancement of global vate pensions and corporate account- tended Voting Rights Act could reform peace and security. ability. the electoral process. And we need to enhance inter- We are talking about investing in We believe in fighting corporate con- national cooperation to reduce threats America by creating new jobs in the solidation of the media because if the posed by nuclear proliferation and U.S., by building affordable housing people don’t know, how can they do weapons of mass destruction. The cau- and rebuilding America’s schools and anything about it. And we also believe cus is committed to nonproliferation of physical infrastructure, just like you in ensuring the enforcement of all legal nuclear weapons. We are committed to talked about a minute ago, about rights in the workplace. That goes the end of weapons of mass destruc- cleaning up our environment and im- again to OSHA and things like that so tion, and one of the ways to do that, proving our homeland security. people don’t get injured. We worked and possibly the most effective way to What we mean when we say ‘‘eco- hard for those rights, isn’t that right, do that, is with international coopera- nomic security’’ is about exporting Mr. Chairman? tion, treaties, and agreements. And to more American products and not more Mr. GRIJALVA. Those rights were increase efforts to combat hunger, to American jobs, and we demand fair earned by people who came before us, fight the scourge of HIV-AIDS, tuber- trade, not just free trade, and affirming by anonymous people, by people who culosis, malaria, and other infectious freedom of association and enforcing worked hard to make sure that those diseases. the right to organize. You and I know rights were in place and protected. It is When 1 billion people wake up every that we will probably be coming here incumbent upon us to protect their leg- morning wondering if there is going to one day in the future to talk about the acy and their hard work. Without the be a next day, one of the ways that we Employee Free Choice Act. That is the sacrifices they made years ago in es- can enhance our global peace and secu- right to organize in the labor union, tablishing those rights in this country, rity for our Nation is to increase our and also to ensure that working fami- the right to vote, the right to free asso- efforts to combat the social and human lies can live above the poverty line ciation, the freedom from discrimina- ills that affect almost a full third of with dignity by raising and indexing tion, the right to know, to lose those, the world’s population, and to encour- the minimum wage. we have to honor that legacy, and that age debt relief for poor countries and I would like to ask you about pro- legacy is part and parcel, it is as Amer- support the efforts of the U.N. to reach tecting and preserving civil rights and ican pie as being American, and we the Millennium goals for poor coun- civil liberties. What does that mean to need to protect those. I appreciate that tries. That is the way that we feel, an you, Mr. Chairman? you have highlighted that as one of the important way, to enhance security Mr. GRIJALVA. One of the hall- three important cornerstones of our globally and in turn enhance security marks of this great country of ours has caucus. for ourselves in this country. been and continues to be our personal Mr. ELLISON. Mr. Chairman, do you Mr. ELLISON. I think it is important freedoms, our liberties and freedoms want to talk about the third thing that as we come together with the Progres- guaranteed under the Constitution and the American people can count on the sive Caucus message, and it is our goal the Bill of Rights, the rule of law. That Progressive Caucus to fight for? to come here week in and week out,

VerDate Nov 24 2008 02:24 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.097 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H435 that people know what the Progressive So when we look at this past admin- well taken. This is not a process of in- Caucus stands for, that they know istration, we want to forget it. We dictment. It is a process of correction. what the Progressive Caucus will fight want to say that chapter in American And I think the 9/11 Commission did for, and that they have a chance to join life is over. Let’s move on. Well, as we just that, took corrective steps so it and participate. embark on this new political frontier would not occur again and to mitigate So now, I think, Mr. Chairman, we that promises to restore America’s val- any of those occurrences in the future. are ready to talk about the main sub- ues of justice and speaking the truth to Mr. ELLISON. You know what? ject we are going to be talking about the American people and the world, Chairman GRIJALVA, I’m holding in my tonight and that has to do with a re- then the cornerstone is our Constitu- hand a pretty thick piece of paper right port that was recently issued called tion and the checks and balances the here. This is 500 pages all documenting ‘‘Reining in the Imperial Presidency.’’ system created—Congress, executive, allegations regarding abuses of power This is a 500-page document that was judicial. And I think we owe it to our by the Bush administration. This thing drafted by Chairman JOHN CONYERS forefathers and we owe it to all the is not designed, as you said, to try to and his staff, the lessons and rec- American people and to all the future settle old scores but to get to the truth ommendations relating to the Presi- generations that we are empowering, of the matter of what really happened. dency of George W. Bush, House Com- as a consequence of this great election, I mean, don’t the American people mittee on Judiciary Staff to report to to ensure that the most basic tenets of deserve to know what Karl Rove would JOHN CONYERS. our system are not disregarded or ig- have said if he would have honored the In this report, it lays out a whole se- nored by past, current or future admin- subpoena that was lawfully served on ries of issues that need to be addressed. istrations. him? Don’t the American people de- You know what, Chairman GRIJALVA, Simply said, we owe the American serve to know what Harriet Miers and some people have said we don’t want to people the truth, not to ignore the Josh Bolten would have said when the look back, we don’t want to dig up old past, and to present them with the Judiciary Committee had a subpoena dirt. We have a new President, why facts and the proposed policies that duly served on them, where they were look back. But you know what, Chair- will move our country forward and as- summoned to give testimony before the man, I don’t think we are looking back sure that the intrusions into our civil Judiciary Committee and they simply because you and I never want to have liberties, the intrusions into privacy, refused to show up? What would they to deal with another President in the the intrusions into the powers of Con- have said? future who thinks, because George W. gress and to restoring that checks and This is the kind of process we need to Bush did these things, they can do balances do not occur again. And to do go into. And I think the American peo- them, too. so it is not to rehash the past, it is to ple deserve to know what the truth is. We are looking to the future. We learn from the past. Without running And I think that this very weighty re- don’t want to set a precedent around il- from the past, we are not able to make port—you know, you could probably legal wire-tapping, around domestic the corrective steps that we can. work out with this thing, this thing is warrantless surveillance, around the Many of the dark chapters in this Na- heavy—and it details allegations and it U.S. attorney scandal, and things like tion’s history were corrected because details the facts and information that that. We will get into this over the we learned from the past—segregation, cry out for answers. course of the next several minutes, and the treatment of certain people be- And so what we’ve done is not just that is what we are going to be really cause of who they were, what they come to talk about a problem but real- talking about and digging into tonight. looked like or where they came from. ly to discuss a solution. H.R. 104 is a Do you have any preliminary com- We learned from that. We learned from bill that calls for a panel to do an in- ments, Mr. Chairman? wars and preemption. We learned that vestigative process to figure out what Mr. GRIJALVA. Thank you very that is a chapter we don’t want to re- the truth is behind the allegations much, Congressman. peat. right here. Now, if nobody did anything I can’t add too much more to the fine Those lessons were taught to us as a wrong, then there won’t be any prob- introduction that you have just given consequence of knowing history and lem and nobody should be concerned. to the subject. Again, my thanks to correcting history. So what we are ask- But if there is some facts tied up in you for your effort and time that you ing for, as the Progressive Caucus—and here that can be confirmed in this vo- are putting into making sure that our you can speak to that, Mr. ELLISON, luminous document. message is carried weekly before the with the report that Chairman CON- I think it only makes sense that we American people, the Progressive YERS put out—and we’re very grateful should pass H.R. 104 to really figure out Caucus’s message. to his effort for this—is that we’re not what actually happened. What actually asking for us to be punitive, mean, happened with regard to allegations of b 1845 harsh or vindicative to the Bush ad- torture and the torture memos that You know, a new President was inau- ministration. were written authorizing the torture of gurated yesterday. We turned an unbe- We are saying there is some account- detainees? What happened with the ex- lievable corner in this country in so ability here. There is a consequence to traordinary rendition, when, Mr. Chair- many ways. America’s hunger for your actions. And there is a reckoning man, people were brought from the change, America’s hopeful attitude and point with the American people. And United States and sent to countries expectation that things will be better that reckoning point is not about ret- and were tortured in those countries, are historic firsts. An African Amer- ribution, that reckoning point is we where these countries aren’t squeamish ican President, when perhaps his fore- will not repeat these mistakes again. about torture? What happened with fathers and his father could have never And we cannot do that unless there is warrantless domestic surveillance? even voted in this country. It’s a cor- full disclosure, an investigative proc- What happened with the U.S. Attorney ner. It is a huge corner. And it speaks ess, and a set of recommendations and scandal? These are things that need to to the general goodness and the de- policies that cement in place the happen. cency of the American people. thought and the policies that this can- What do you think about that? And, in doing so, all of us have the not occur again. Mr. GRIJALVA. Well, I think if you tendency or the desire to clean the Mr. ELLISON. Chairman GRIJALVA, look at this nearly 500-page report that slate. That’s over. We need to move on. did we do this after the tragedy of 9/11? you just indicated, Mr. ELLISON, I And I couldn’t agree more. I could not Did we engage in a process where we think you will see that there are 47 agree more. We need to clean that slate tried to discover what the truth was? separate recommendations in the re- and begin anew, begin to talk about Mr. GRIJALVA. Excellent. I think port. But I think central to it is the this country in a different tone. that commission brought to light what point that you made, as you made the But, in cleaning the slate, we can’t we should have done, what we didn’t comparison to the 9/11 Commission, forget the past. The adage about his- do, and what we need to do in the fu- and that is the establishment of such a tory repeating itself is an important ture to secure the safety of the Amer- bipartisan commission, a blue ribbon, adage and a good thing to remember. ican people. And I think your point is bipartisan commission of Congress to

VerDate Nov 24 2008 02:24 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.098 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H436 CONGRESSIONAL RECORD — HOUSE January 21, 2009 thoroughly investigate and make legis- dian of Syrian ancestry, was explaining are still waiting on lines to be em- lative recommendations to the stand- how he had come from Europe through ployed, never having been employed, ing committees, or, if necessary, to New York and was on his way to Can- those who are underemployed, those call upon the Attorney General to ap- ada when he was scooped up by rep- who have gotten out of, as I said, the point a special counsel to investigate resentatives of our government and line and therefore are not even counted and follow through and prosecute, if then held incommunicado, sent to anymore, those who are making $18,000 necessary. Syria, and was tortured and was even- a year, such as a constituent in my I mention those because I really be- tually released. constituency, who is trying to hold on lieve—and let me just quote Chairman The Canadian Government did a full to a home that obviously was given CONYERS, and I believe he’s going to be investigation of the whole matter and some years ago under the adjustable here later so he can quote himself. But came to the conclusion that they mortgage rate, so this is who we are as part of the statement that he issued grabbed the wrong guy. Oops. Well, the speaking to. with this report he said, ‘‘Even after fact is the Canadian Government gave And I am, frankly, a supporter of a scores of hearings, investigations and him a monetary award, but he could balanced budget. I want to make sure reports, we still do not have answers to not come to the committee hearing and that our monies are used well, that some of the most fundamental ques- explain to us what actually happened there is transparency. But again, I tions left in the wake of Bush’s prece- to him. He had to appear by teleconfer- want to have a hand—or a handle, if dency,’’ CONYERS said. ence. Why? Because even our State De- you will—on making sure those dol- Pointing to allegations of torture partment, after they had demonstrably lars—the economic stimulus package, and inhumane treatment, extraor- said they made a mistake about who I’ve had people ask me, am I going to dinary rendition, warrantless domestic they had picked up, still refused to have an impact? Is it going to get to surveillance, the Valerie Wilson leak, take him off of the watch list. me down in fifth ward Texas? I imagine the U.S. Attorney scandal, investiga- My point is, these kind of things need there are some neighborhoods both in tions are not a matter of payback or a full hearing; these kind of things your great State and that of our chair- political revenge, Chairman CONYERS need a full airing. The rest of the world person’s to ask, is it going to get to the says. It is our responsibility to exam- needs to know this is not how America Indian reservations or pueblos that ine what has occurred and set an ap- does business. It was something that have been lost, if you will—even propriate baseline of conduct for future happened. We’re not happy about it, though a lot of people say that they administrations. but it happened. get a big donation, but there are great In the set of recommendations, the We’ve been joined, Chairman needs on our Indian reservations. report contains a forward by the chair- GRIJALVA, by one of our most out- So I come today to just take a corner man in which he talks about the need standing public servants from the great of what you were speaking of called the for H.R. 104, that it is a step to begin to State of Texas. SHEILA JACKSON-LEE rule of law. And I would like to, as correct what has gone wrong, to rein in has been putting it down for a long well, thank Chairman JOHN CONYERS. the excessive power, to restore Con- time. How are you, Congresswoman? And, of course, we organized today, and gress to its legitimate, necessary and Ms. JACKSON-LEE of Texas. It is a I’m very excited to have had my first constitutional role of oversight over pleasure to join two distinguished time opportunity to be on the Con- the executive branch, and to assure the Members of not only this body but the stitution Subcommittee. Mr. ELLISON, American people with transparency, Progressive Caucus. And I thank you we miss you, but as well you are going truth and public information. Those so very much for yielding. And, as well, on to do great works, and I look for- are what we are asking for. let me thank both of you for framing ward to working with you and collabo- Many of us—yourself and I and many the issue and giving voice to what I be- rating on a number of issues. members of the Progressive Caucus— lieve represents a broad breadth of the But this basic document suggested have co-sponsored this legislation. We American people. that, one, the continuation of congres- feel strongly about it. This is not look- And let me thank the distinguished sional oversight. One of the criticisms ing back to point fingers. It is looking co-chairman for jump-starting this ses- we got over the last 8 years—though it forward so that we have a blueprint for sion, for not taking for granted that we was not accurate, we were in the mi- the future generations that, as I said have a lot to celebrate—and we do. As nority, as Democrats—is that there earlier, this is not to occur again. the American people watch us, they was no oversight. But we were, we were Mr. ELLISON. Well, Mr. Chairman, I still have in their memory what I sort of fighting in the darkness. mean, Josh Bolten, Karl Rove and Har- thought was a day of reckoning, a day I was reminiscing about the vote on riet Miers were served with subpoenas of reconciliation, a day of movement. the Iraq war before you came. There to appear in front of the Judiciary But, at the same time, the Progressive was a corner of about 133 of us who just Committee within the context of the Caucus wants to not only give voice— worked and whipped and worked and law. We followed the rules when we au- and I heard both of you speaking—but whipped, but the loud noise, the thun- thorized those subpoenas to be served to give action, hearings and legisla- derous noise drowned us out. We were upon them, and the White House told tion. on the floor asking and begging that them not to come. Now, there may one And, Congressman ELLISON, I appre- we not go to war, that it was the wrong day be a Republican administration, a ciate greatly the reach that you have direction. Republican House, I mean, we’re Demo- shown, the breadth and the depth, the crats now, but one day things may understanding of finite issues dealing b 1900 change. Do we really want to set up a with the rule of law. And I came to the So congressional oversight is key. situation, no matter who’s in charge, floor today—and I thank you for allow- The independent criminal probes by where an individual can simply scoff- ing me—just to take one small corner. the incoming Justice Department must law or skip over or just ignore a sub- I’ve heard the discussion as you opened continue. I would almost suggest that poena of the Judiciary Committee? I and you talked about our economy, and we look at this issue called prosecu- think it sets a horrible precedent, no I think the important point is there torial abuse, and you know what? I’m matter who is in charge of our govern- should be a progressive voice on all of open minded. I would as well look at ment. that. the case in North Carolina. You re- And so I think you’re right. This is a Now, some would say that we’re the member that, with I believe it was not forward-looking process. This is not guys that are anti-PAYGO. No. There the soccer team but it was one of the about settling scores. This is about set- is no doubt that we have to balance our sports teams of a university. It’s com- ting the record straight. I think it’s pocketbooks, our wallets just like any- ing to me. Everyone will remember important that the American people one else. What we are for is to make that case. But they should also look at really know what happened. I mean, sure that the voices of the people that Jena 6. extraordinary rendition. I was in a ride the bus, that have to leave at 6 Mr. ELLISON. The lacrosse team. committee hearing one day when a a.m. in the morning to get to work, Ms. JACKSON-LEE of Texas. The la- man named Maher Arar, who is a Cana- that don’t have childcare, that, in fact, crosse team. Thank you very much.

VerDate Nov 24 2008 02:24 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.099 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H437 You’re absolutely right. I don’t mind solid ground because it was not a gov- to join with you, I think is a vital re- looking at that case or looking at the ernmental action, if you will. sponse to the cleansing of the last ac- case of Jena 6, looking at the Sean Bell What we want to do is to lay the tions that occurred in the last 8 years case in New York or wherever these record and make it clear and not have but also to help support what the Con- cases might be. We must look at that. someone guessing whether or not stitution stands for. Our duty is to pro- And then the creation of a blue ribbon waterboarding equates to torture. We vide the eyes and ears of the American commission to fully investigate the want someone to not guess whether or people. last administration’s actions. I think not it is appropriate for the counsel to Let me just finish with a point as we had a meeting and we thought that the President to go into the night in a well. I talked about FISA, but I wanted was a productive manner in which we hospital room and seek some action to also talk about the Congressional should work. from a sick cabinet officer. It could be Lawmaking Authority Protection Act, But I want to focus on this FISA, the an action to go to war. It could be an which we are reintroducing, and it has Restore Act, and just indicate that one action to eliminate Medicare. But we to do with signing statements. And one of the areas that I was targeting was want to have a basis of refining and would think we have this new Presi- reverse targeting. For Americans what clearing up. I’m not looking to throw dent which we are so enthusiastic of that means is I’m calling my aunt darts and call names. These are pointed supporting. overseas and they use that call to then issues. And let me lead into something Mr. ELLISON. Forgive my reclaim- reverse target me. And what we have that goes to this point. ing my time again, gentlelady, but if said is that that is such a significant Mr. ELLISON. Before you lead to you could convey to the American peo- breach of the Constitution, unreason- this point, I just want to ask you an- ple what is a signing statement? What able search and seizure, that we wanted other question. is that? Ms. JACKSON-LEE of Texas. I will a warrant to issue. And, of course, we You and I and Chairman GRIJALVA be happy to do so because I think it went back and forth and back and only a few days ago raised our hands up really hit us over this last 8 years. The forth, and the language that we at- and we said we would swear an oath to support and defend. What did we swear legislature, our body, the House and tempted to use was language that indi- the Senate, would write a bill, and we cated that you must use a significant to support and defend? Can you tell us? Ms. JACKSON-LEE of Texas. The would do our work teams. We would purpose as a basis for being able to do have what we call a conference, and that. The language that finally got, I Constitution of the United States of America. that means that House and Senate call it, watered down says when the Mr. ELLISON. That’s right. What Members would come to the con- government seeks to conduct elec- does that mean to you? ference. We’d finish that bill. It could tronic surveillance. That means if you Ms. JACKSON-LEE of Texas. I thank be on the Medicare prescription drug just feel like fishing, they could surveil you for yielding. I think you have benefit, of course, which was so con- you here minding your business in the drawn for me, and that’s a wonderful troversial and went completely upside United States. The government cross-examination, counselor, but down and cost Americans millions and wouldn’t have to explain that it was a you’ve drawn for me to say that that is millions of dollars. That bill would go significant purpose. And, frankly, I a simple underpinning of a blue ribbon to the President’s desk, and he would think that much of the premise of our commission, to restore the under- sign it with a signing statement saying new President, and he made it clear—I standing of the Constitution. you and the administration, my execu- congratulate him for some of the ac- Might I tell my friends around Amer- tives, my State Department, my tions today indicating the closing of ica and my colleagues that are here Health and Human Services, my De- Guantanamo Bay. I heard you mention that there is something called legisla- partment of Transportation, you don’t that. Most people think we’ll be in dan- tive history, and years down the road have to pay attention to that at all. So ger, but I think we are in danger as it that legislative document will be used they would completely have the au- is now. And believe it or not, we have to help further interpret the actual law thority or they would sense that their a rule of law and a system of law that itself. That’s why we’re on the floor of President has told them that the law will capture all of those who need to be the House, and this will be used to fur- that was passed by this body fairly rep- captured in the system and will find all ther interpret the understanding. resenting the many millions of Ameri- of those on the basis of our system in- So the gentleman that was captured cans in transparency—our hearings are nocent or guilty. I’m not interested in inappropriately by Canada, and there open, the floor debate is open—did not terrorists running free as well. may be people now incarcerated here in matter. So the work that we might Mr. ELLISON. Reclaiming my time, the United States, they will look to the have done to create a summit jobs pro- could you speak on this critical issue. laws and its legislative history to as- gram, there might be a signing state- Some people might think that having a sist them. ment saying it’s too costly or it is not blue ribbon panel such as contemplated For example, two border patrol a worthy program, ignore it. That in H.R. 104 might be a backward-look- agents’ sentences have been commuted. means the Department of Labor could ing process and sort of be something I happen to be a supporter of that. ignore it. about settling old scores now that the Why? I was a supporter of that because Mr. ELLISON. Now, did the Presi- Dems have the White House and the I found the facts needed to, in essence, dent do a signing statement when it Congress. But in your opinion as a law- provide mercy. It seemed like a con- came to the law that this body passed yer of many years, what would such a trary position by someone from the and he signed with regard to torture? process do in terms of signaling that Progressive Caucus. But I also believe Ms. JACKSON-LEE of Texas. He ob- such presidential behavior from a fu- there should be fairness to individuals viously had in mind that he could over- ture President might not be permis- who were dealing with drugs on the turn our position on that, as the PA- sible or might not be condoned if we border and an incident happened. I TRIOT Act and, of course, in others, were to have such a process? would have preferred for them to be yes. And, of course, we had the famous Ms. JACKSON-LEE of Texas. I find it reprimanded and fired if they misused memo, the memorandum that came in a constitutional necessity that will a firearm or some other handling of it. one of the Department of Justice, if equate to the cleansing of this body They were incarcerated, in jail. I hap- you will, lawyers who today still de- and of this process or these processes pen to think that even their rights fend—— that we’ve seen. A cleansing. might have been somewhat short- Mr. ELLISON. That’s John Yoo and When we were engaged in the im- changed. So the sentence was com- David Addington and people who peachment process that I was engaged muted. In the course of that, there was worked for the Vice President? in some years ago, we went back to the probably a statement of sorts, some ex- Ms. JACKSON-LEE of Texas. Many Madison Papers to be able to read as to planation that can be used further of those who did likewise. And let me whether or not we were on solid ground down the road to say why the sentence finish on these points because you in the approach that we were taking. was commuted. raised a very good point. Many of us who opposed this impeach- So this blue ribbon commission, and In the redistricting case in Texas, the ment believed that we were not on I know you’re about to drop and I hope staff of the Department of Justice

VerDate Nov 24 2008 02:52 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.101 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H438 CONGRESSIONAL RECORD — HOUSE January 21, 2009 agreed with the kind of redistricting said and, of course, you have some sive Caucus against this very impor- arguments that were being made by thoughts on your own. How does any of tant discussion, this talk, this commu- the congressional delegation of Texas, this stuff strike you, Mr. Chairman? nication with the American people. the legal arguments that were being Mr. GRIJALVA. Let me, first of all, Mr. ELLISON. Thank you, Mr. Chair- made about diversity, representation, thank our esteemed colleague from man; and as we begin to wind down, I and the way the lines were drawn. The Texas (Ms. JACKSON-LEE). Her expertise would like to invite Congresswoman professional staff agreed with the State and her voice is an ingredient that this JACKSON-LEE of Texas to maybe give us of Texas prior to the loss of seven or Congress would sorely miss if it was a few concluding remarks. eight Members, who happened to be not here. Her clarity and her honesty We are here, this hour, we like to call Democrats. Well, interestingly enough, are something this body has come to it the progressive message. It is a spe- the political folk came in and altered depend on and those of us who work cial order afforded to Members of Con- their presentation and representation, with her have come to rely on. gress to talk about what the progres- which significantly caused a com- As we discuss this and particularly sive message is, whether it’s on issues pletely opposite result, which, of the resolution before us that you are of executive authority, reining in exec- course, is the result that lost eight discussing, Mr. ELLISON, let me thank utive authority, the economy, what- Members of Congress, not on the fact you for the initiative. The Progressive ever it is. We want to let the American that eight Members of Congress don’t Caucus in the past has spent too much people know what the Progressive Cau- have a right to win or lose, but it was time talking to itself and not enough cus is talking about. because we reconfigured the Voting time talking to the public and to the Would you like to give a few remarks as we come to the end of our hour to- Rights Act of 1965 to the contrary of people we represent. So thank you for night? how it should have been interpreted. So breaking that mold. Ms. JACKSON-LEE of Texas. Let me We are all proud Americans, all of us that wasn’t necessarily a signing state- thank you very much. ment, but we found many incidences that serve here. And I think as Ameri- Obviously, we have only been at the like that in the actions of those, and cans, and let me go back to the point tip of the iceberg of what we have to needless to say, the Judiciary Com- that our colleague just made, we’re talk about in the future. Certainly I mittee spent many, many days and about learning the truth in this body. want to make the point very clear that hours, able work by able subcommit- And we’re about making sure that that as it relates to the TARP and the eco- tees, on this whole question of the U.S. truth is given out to the American peo- nomic stimulus package, the Progres- attorneys and political appointments. ple that everybody knows. And I think sive Caucus will be very much engaged, Let me close, and then I want as well as Americans we all have a sense of de- collaborating, of course, with a number to have you yield to my good friend cency and fair play, that no one is of other caucuses, Hispanic Caucus, from Arizona, just to simply say that above the law. And Ms. JACKSON-LEE Women’s Caucus and the Congressional this is an important journey that we made the point about the rule of law Black Caucus and others, not from the are about to venture, and that is the being the cornerstone of who we are. perspective of isolation but from the cleaning and cleansing and restoring of And she made the point about cleans- perspective of ensuring, again, that the Constitution; the protecting of ing, and to Native people, cleansing is voices that cannot speak for them- your rights of privacy; the questioning an important tradition. It is about tak- selves are heard and particularly to go of the watch list, which, as a chair- ing body, the entity, and making it to places where others might not at- woman of the Transportation Security come to full circle and to removing tempt to go. Committee of the last Congress, we things that are not natural to that Again, what does that mean? It looked at and will forge ahead in the body and to that circle. And if we refer means that as we rallied around our new Congress as well. But this is an that to the body of this institution, opposition for the Iraq war, it was a important and vital opportunity for that’s what we’re asking for in a very willingness to be able to stand in the not only the Progressive Caucus, which simple way, to return us to that whole eye of the storm on many of these will lead, but as I look at it, the body that we should be. issues, whether it be on the reform of of this institution. The Madison Papers b 1915 health care, looking to not talk about would not be what they are today if socialized medicine but ensuring that there was not a meticulous and inter- We are all here for a short period of everyone has access to health care. ested body of lawmakers that wrote time. Whether we are here for 20 years That will be a progressive, if you will, meticulously what the law should be in or 2 years, we are a mere breath in the challenge, to ensure that that happens. the early stages of this Nation’s his- history of this Nation. And I think our Finally, let me say that we are here tory. legacies are going to be judged, and to shine the light on items that some I want to be part of the positive his- this is why this discussion today is so may think was not necessarily an item tory that protects every boy and girl, important, by how we protect and pre- or an issue that needed to be broadly every man and woman, every family serve the rule of law and the Constitu- affirmed or confirmed. from the injustices that will come tion. I am still questioning the adminis- about through an unruly and a wrong- So this is not about retribution. This trative agreement that took place in headed direction as it relates to the is about moving forward. Because we the resolve of the Iraq war, not resolv- rule of law. need a blueprint to move forward, and ing it but establishing the role of our Let me thank you very much, Mr. I think this process of discovery, this American soldiers, the soldiers that we Chairperson. Let me thank you again process of letting the truth be known, love. The care and the nurturing of for yielding to me. And I think that we can only lead to better policies, re- those soldiers in Iraq is an administra- are making some important steps to stored checks and balances and restor- tive document that this Congress has help lead this Congress on issues that ing to this body the oversight and au- not had a chance to review. must be addressed to protect the Amer- thority that it gave away. So the Progressive Caucus is that ican people and to work with the new We are at that point now, and this is light that is to shine, not for ourselves President of the United States of not a reflex on what is to come in the but for all of those who asked what is America. future, this is merely a discussion it that this government is doing and Mr. ELLISON. Thank you, Congress- about the future with some milestones what are they doing for me as I am try- woman. And we have only got about 15 and markers about how we need to ing to do for my Nation. more minutes; so we invite you to hang travel and still remain that Nation So I thank you. We are patriots, and out with us a little bit. that everybody envies because we are I hope that as our voices are heard, as But we have got to hear from our il- governed by the rule of law. you have made a commitment, we will lustrious chairman, who has helped Congressman, thank you so much. I be part of the cornerstone of legisla- lead the way for the Progressive Cau- am looking forward to these discus- tion and laws, and we will therefore cus. sions. Again, thank you for the initia- serve the American people even better. You’ve had a long time to reflect on tive, and I am looking forward to con- Ms. JACKSON-LEE of Texas. Madam what Congresswoman JACKSON-LEE has tinuing to participate as the Progres- Speaker, I rise today in support of this special

VerDate Nov 24 2008 02:52 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\CR\FM\K21JA7.102 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H439 order. I would like to discuss the importance of to be located in the United States.’’ The cur- to consider the President’s objections, override America returning to the rule of law and re- rent language in the bill provides that a war- his veto, and in the process make it clear that spect for our Constitution in the immediate rant be obtained only when the Government the President’s position is rejected by an over- aftermath of the Bush-Cheney legacy. Madam ‘‘seeks to conduct electronic surveillance’’ of a whelming majority of the people’s representa- Speaker, I thank you for the opportunity to ad- person reasonably believed to be located in tives. Since few Presidents wish to suffer a dress this issue. the United States. humiliation so complete and public they have Since 2001, the Bush Administration’s poli- It was far from clear how the operative lan- strong incentive to work closely with the Con- cies impacting civil liberties have raised grave guage ‘‘seeks to’’ is to be interpreted. In con- gress and are amenable to negotiation and constitutional and legal concerns. After the trast, the language used in my amendment, compromise. This is precisely the type of com- myriad hearings and investigations last year, ‘‘significant purpose,’’ is a term of art that has petitive cooperation the Constitution con- there is much we do not know about the Bush long been a staple of FISA jurisprudence and templates and which bill signing statements Administration. thus is well known and readily applied by the threaten. Last week, Chairman of the House Judiciary agencies, legal practitioners, and the FISA Again, I thank the Chairman for including Committee released a report, entitled ‘‘Reining Court. Thus, the Jackson-Lee Amendment these two very important ideas in his very in the Imperial Presidency: Lessons and Rec- provides a clearer, more objective, criterion for thorough and thoughtful report. ommendations Relating to the Presidency of the administration to follow and the FISA court There is much work to be done by the George W. Bush.’’ This document contained to enforce to prevent the practice of reverse Members of Congress to fix the mistakes that nearly 500 pages. The report detailed numer- targeting without a warrant, which all of us can were made during the prior administration so ous examples of these abuses by the adminis- agree should not be permitted. that the proper foundation can be laid for a tration from allegations of torture and inhu- I am also pleased that the chairman has ac- succesful President Obama and his adminis- mane treatment, extraordinary rendition, and cepted my recommendation for the President tration. It is my hope that we can wipe the warrantless domestic surveillance to the U.S. to end abuses of Presidential signing state- slate clean from the Bush Administration and Attorney scandals. The report also contained ments. I have re-introduced a bill to address start afresh for the current administration. over 45 pages of recommendations designed this issue in the 111th Congress. I agree that we must investigate the U.S. At- to restore our Constitution’s traditional system In an earlier Congress, I introduced the torney firings to determine what precisely hap- of checks and balances. Chief among these ‘‘Congressional Lawmaking Authority Protec- pened. We need to determine why these recommendations are: (1) The continuation of tion Act’’ or CLAP Act of 2006, which: (1) pro- firings occurred. Moreover, the incoming ad- congressional oversight; (2) independent crimi- hibited the expenditure of appropriated funds ministration should limit the ability of Executive nal probes by the incoming Justice Depart- to distribute, disseminate, or publish Presi- Branch officials to prevent victims of terrorism ment; and; (3) the creation of a blue ribbon dential signing statements that contradict or from recovering for their losses. The President commission to fully investigate the Bush Ad- are inconsistent with the legislative intent of should seek to resolve a dispute between vic- ministration’s activities. the Congress in enacting the laws; and (2) tims of torture and the government of Iraq My office will work to put some of these into bars consideration of any signing statement by committed during the Gulf War. law. These included recommendation number any court, administrative agency, or quasi-judi- Because of the myriad of problems that we 17 on pages 280 to 281, regarding the Presi- cial body when construing or applying any law have seen at the Department of Justice, I rec- dent, the Director of National Intelligence, the enacted by Congress. I am proud to say that ommend that the Department of Justice Director of the Central Intelligence Agency, the chairman was one of the original co-spon- should issue guidelines to require trans- and the Director of the National Security sors of my bill. parency and uniformity of corporate deferred Agency should implement policies to ensure In the 110th Congress, I introduced another and non-prosecution agreements. These are that there is no ‘‘reverse targeting’’ used under bill substantially in the same form in the cur- agreements between the Federal Government authorities created by the FISA Amendments rent Congress, except that the new bill, H.R. and individual corporations in which the Gov- Act of 2008. Specifically, I have long cham- 264, makes clear that the limitations of the law ernment agrees to not prosecute or defer pioned the inclusion of language that would do not apply to Presidential signing statements criminal prosecution in exchange for the cor- prohibit ‘‘reverse targeting.’’ that are consistent with congressional intent. poration agreeing to specific actions such as Indeed, I worked on specific language that This is not a hard test to administer. As the changes in corporate policies and payment of was included in an early version of the FISA late Justice Potter Stewart said about obscen- monetary penalties. Act, the RESTORE Act, which was added dur- ity: ‘‘it may be hard to define, but you know it We should also consider whether we should ing the markup made a constructive contribu- when you see it.’’ consider legislation concerning the exercise of tion to the RESTORE Act by laying down a I have now reintroduced this bill in the 111th clemency involving government officials. This clear, objective criterion for the administration Congress. Notwithstanding that we have a is important so that we can truly learn what to follow and the FISA court to enforce in pre- new President, my bill is still relevant. happened during the Bush Administration. venting reverse targeting. If there be any question whether the Con- We should also enact changes in statutes ‘‘Reverse targeting,’’ a concept well known gress has the power to ban the use of appro- and rules to strengthen protection for Execu- to members of this Committee but not so well priated funds to publish or distribute signing tive Branch whistleblowers, Congress’s con- understood by those less steeped in the statements, the answer is simple: regardless tempt powers, and the incoming administration arcana of electronic surveillance, is the prac- of whether it is wise to do so, if no one seri- should establish procedures for asserting ex- tice where the Government targets foreigners ously can question Congress’s constitutional ecutive privilege. There are a myriad of laws without a warrant while its actual purpose is to authority to terminate the Executive’s use of that we must enact to set this Nation on the collect information on certain U.S. persons. appropriated funds to wage military oper- right track. We must roll up our sleeves and One of the major concerns that libertarians ations, a fortiori, Congress has the constitu- get ready to work with the new administration and classical conservatives, as well as pro- tional authority to withhold from the President to restore the rule of law to America and its gressives and civil liberties organizations, funds needed to distribute a signing statement position of respect on the world stage. have is that there is an understandable temp- that undermines the separation of powers. Mr. ELLISON. Thank you, Congress- tation of national security agencies to engage The problem with presidential signing state- woman. in reverse targeting that may be difficult to re- ments is that their use fosters abuse and mis- Let me just say, tonight we have sist in the absence of strong safeguards to use. Presidential signing statements seek to come together, members of the Pro- prevent it. alter Congress’s primacy in the legislative gressive Caucus, a caucus organized, My amendment reduces even further any process by giving a President’s intention in not based on ethnicity, like the Black such temptation to resort to reverse targeting signing the bill equal or greater standing to Caucus or the Hispanic Caucus, not by requiring the administration to obtain a reg- Congress’s intention in enacting it. This would based on things like that, but based on ular, individualized FISA warrant whenever the be a radical, indeed revolutionary, change to our commonality of views, our value, ‘‘real’’ target of the surveillance is a person in our system of separated powers and checks what we all believe in. The Progressive the United States. and balances. Caucus represents diverse members of The amendment achieves this objective by Bill signing statements eliminate the need our congressional body, people from all requiring the administration to obtain a regular for a President ever to exercise the veto since over the country, different religions, FISA warrant whenever a ‘‘significant purpose he or she could just reinterpret the bill he different ethnic groups, all coming to of an acquisition is to acquire the communica- signs so as to make it unobjectionable to him. project a progressive vision for our Na- tions of a specific person reasonably believed Such actions deprive Congress of the chance tion.

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JA7.053 H21JAPT1 rfrederick on PROD1PC67 with HOUSE H440 CONGRESSIONAL RECORD — HOUSE January 21, 2009 We believe in fighting for economic people have a right to know, and we in- Combating Terrorism Fellowship Program, justice and security in the United tend to get to the bottom of it. pursuant to 10 U.S.C. 2249c; to the Com- States and global economies. We also This is going to conclude the Pro- mittee on Armed Services. believe in protecting and preserving gressive Message. Mr. Speaker, it has 179. A letter from the Chief Counsel, FEMA, Department of Homeland Security, civil rights and civil liberties. We also been a wonderful hearing. transmitting the Department’s final rule — believe in promoting global peace and f Final Flood Elevation Determinations [44 security. These are some of the essen- CFR Part 67] received January 7, 2009, pursu- tial core beliefs of the Progressive Cau- LEAVE OF ABSENCE ant to 5 U.S.C. 801(a)(1)(A); to the Committee cus, and you can count on us to come, By unanimous consent, leave of ab- on Financial Services. week in, week out, with the progressive sence was granted to: 180. A letter from the Regulatory Spe- cialist, Department of the Treasury, trans- message to talk about how these crit- Mr. BOUCHER (at the request of Mr. mitting the Department’s final rule — Min- ical values impact you. HOYER) for today and the balance of Tonight we have spent time, Con- imum Capital Ratios; Capital Adequacy the week on account of a death in the Guidelines; Capital Maintenance; Capital; gresswoman SHEILA JACKSON-LEE and family. Deduction of Goodwill Net of Associated De- Congressman RA´ U´ L GRIJALVA, talking Mr. NEUGEBAUER (at the request of ferred Tax Liability [Docket No.: OTS-2008- about the imperial presidency that we Mr. BOEHNER) for today and January 22 0019] (RIN: 1550-AC22) received January 12, have just seen ushered out of the door. on account of a death in the family. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the We have seen a 500-page report, this Committee on Financial Services. big, thick, giant, humongous, enor- f 181. A letter from the Assistant Deputy mous report full of facts and informa- SPECIAL ORDERS GRANTED Secretary, Department of Education, trans- tion in detail about allegations that mitting the Department’s final rule — By unanimous consent, permission to Teaching American History Grant Program the Bush administration may have address the House, following the legis- Catalog of Federal Domestic Assistance overstepped its constitutional bounds. lative program and any special orders (CFDA) Number: 84.215X. — received January We believe this needs to be looked into. heretofore entered, was granted to: 12, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to We believe the groundwork has been (The following Members (at the re- the Committee on Education and Labor. laid for an inquiry for a blue ribbon 182. A letter from the Director, Inter- quest of Ms. WOOLSEY) to revise and ex- national Cooperation, Department of De- panel. tend their remarks and include extra- The vehicle, we believe, that should fense, transmitting notification of the De- neous material:) be used to get to the bottom, to get to partment’s intent to sign a Project Agree- Ms. CORRINE BROWN of Florida, for 5 the truth, is H.R. 104. H.R. 104, which ment concerning the Development of Ad- minutes, today. vanced Non-Acoustic Sensing Technologies Members and their community can Ms. WOOLSEY, for 5 minutes, today. under the Agreement between the Depart- look it up and read it, but what it Mr. PALLONE, for 5 minutes, today. ment of Defense of the United States of would tell you if you looked it up is it Mr. FALEOMAVAEGA, for 5 minutes, America and the Government of the King- would contain 47 separate rec- today. dom of Sweden for Technology Research and ommendations designed to restore our Development Projects, Transmittal No. 22-08, Ms. KAPTUR, for 5 minutes, today. Constitution’s traditional system of pursuant to Section 27(f) of the Arms Export Mr. DEFAZIO, for 5 minutes, today. checks and balances. Control Act and Section 1(f) of Executive Mr. SPRATT, for 5 minutes today. Chief among the recommendations Order 11958; to the Committee on Foreign Af- (The following Members (at the re- are, one, continuation of congressional fairs. quest of Mrs. LUMMIS) to revise and ex- 183. A letter from the Director, Inter- oversight; two, independent probes by tend their remarks and include extra- national Cooperation, Department of De- the Justice Department; three, cre- neous material:) fense, transmitting notification of the De- ation of a blue ribbon commission to partment’s intent to sign a Project Agree- Mr. POE of Texas, for 5 minutes, Jan- fully investigate the activities; and ment concerning the Joint Light Tactical uary 27 and 28. they go on and on and on. You can look Vehicle under the Memorandum of Under- Mr. PAUL, for 5 minutes, today. up the report online. It’s there for you standing between the United States and Aus- Mr. HUNTER, for 5 minutes, today. to look at it, at judiciary.house.gov/ tralia concerning Cooperation on Land Force Mr. SCHOCK, for 5 minutes, today. hearings/printers/110th. You can look it Capability Modernization, Transmittal No. Mr. JONES, for 5 minutes, January 27 18-08, pursuant to Section 27(f) of the Arms up that way. Export Control Act and Section 1(f) of Exec- Finally, we want to look into and and 28. (The following Members (at their own utive Order 11958; to the Committee on For- don’t want the American people to for- eign Affairs. get that our constitutional system is request) to revise and extend their re- marks and include extraneous mate- 184. A letter from the Director, Inter- delicate. It must be maintained. It is a national Cooperation, Department of De- three-part system of checks and bal- rial:) fense, transmitting notification of the De- ances, executive, judiciary and legisla- Mr. MASSA, for 5 minutes, today. partment’s intent to sign a Project Arrange- tive. The legislative branch is the first Mr. SOUDER, for 5 minutes, today. ment concerning the C-130J Block 7 and 8.1 Upgrade among Australia, Canada, Denmark, one mentioned in the Constitution. ADJOURNMENT We are a coequal branch of govern- the Italian Republic, the Kingdom of Nor- Mr. ELLISON. Madam Speaker, I way, the United Kingdom of Great Britain ment. We don’t work for the President, move that the House do now adjourn. and Northern Ireland and the United States not the President we just got, Barack The motion was agreed to; accord- of America, Transmittal No. 21-08, pursuant Obama, although we support him and ingly (at 7 o’clock and 23 minutes to Section 27(f) of the Arms Export Control wish him well. He is not our boss. The Act and Section 1(f) of Executive Order 11958; p.m.), the House adjourned until Thurs- people are our boss. Also, we don’t to the Committee on Foreign Affairs. day, January 22, 2009, at 10 a.m. work for the President. We have a duty 185. A letter from the Secretary, Depart- and an obligation to provide oversight f ment of the Treasury, transmitting as re- quired by section 401(c) of the National to the executive. EXECUTIVE COMMUNICATIONS, We need to get to the bottom of alle- Emergencies Act, 50 U.S.C. 1641(c), and sec- ETC. tion 204(c) of the International Emergency gations of torture and inhumane treat- Under clause 8 of rule XII, executive Economic Powers Act, 50 U.S.C. 1703(c), a ment, extraordinary rendition, six-month periodic report on the national warrantless domestic surveillance, the communications were taken from the emergency with respect to Cote d’Ivoire that U.S. Attorney General scandal, a con- Speaker’s table and referred as follows: was declared in Executive Order 13396 of Feb- trived drive to go to war with Iraq, 177. A letter from the Secretary, Depart- ruary 7, 2006; to the Committee on Foreign signing statements to override laws of ment of Agriculture, transmitting a docu- Affairs. the land, intimidation and silencing of ment entitled, ‘‘Gasoline Savings From Eth- 186. A letter from the Secretary, Depart- critics. We need to get into what hap- anol Use by State’’; to the Committee on Ag- ment of the Treasury, transmitting as re- riculture. quired by section 401(c) of the National pened with Valerie Plame. Why didn’t 178. A letter from the Assistant Secretary Emergencies Act, 50 U.S.C. 1641(c), and sec- Rove, Bolton and Myers show up to the for Global Security Affairs, Department of tion 204(c) of the International Emergency Judiciary hearing after they were duly Defense, transmitting the Department’s fis- Economic Powers Act, 50 U.S.C. 1703(c), a served? These are issues the American cal year 2008 report on the Regional Defense six-month periodic report on the national

VerDate Nov 24 2008 04:30 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JA7.104 H21JAPT1 rfrederick on PROD1PC67 with HOUSE January 21, 2009 CONGRESSIONAL RECORD — HOUSE H441 emergency with respect to the former Libe- 198. A letter from the Deputy Assistant Ad- transmitting the Service’s final rule — Post- rian regime of Charles Taylor that was de- ministrator, For Regulatory Programs, Na- ponement of Certain Tax-related Deadlines clared in Executive Order 13348 of July 22, tional Marine Fisheries Service, National by Reason of a Federally Declared Disaster 2004; to the Committee on Foreign Affairs. Oceanic and Atmospheric Administration, or Terroristic or Military Action [TD 9443] 187. A letter from the Secretary, Depart- transmitting the Administration’s final rule (RIN: 1545-BG16) received January 15, 2009, ment of Transportation, transmitting the — Pacific Halibut Fisheries; Bering Sea and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department’s report entitled, ‘‘Actions Aleutian Islands King and Tanner Crab Fish- mittee on Ways and Means. Taken on Office of Inspector General Rec- eries; Groundfish Fisheries of the Exclusive 208. A letter from the Chief, Publications ommendations’’ for the period ending March Economic Zone Off Alaska; Individual Fish- and Regulations, Internal Revenue Service, 31, 2008, pursuant to the Inspector General ing Quota Program; Western Alaska Commu- transmitting the Service’s final rule — Post- Act Amendments of 1988; to the Committee nity Development Quota Program; Record- ponement of Certain Tax-related Deadlines on Oversight and Government Reform. keeping and Reporting; Permits [Docket No.: by Reason of a Federally Declared Disaster 188. A letter from the Secretary, Depart- 080302360-7686-03] (RIN: 0648-AT91) received or Terroristic or Military Action (Rin: 1545- ment of Transportation, transmitting the January 7, 2009, pursuant to 5 U.S.C. BG16 (TD 9443) received January 15, 2009, pur- Department’s report entitled, ‘‘Actions 801(a)(1)(A); to the Committee on Natural suant to 5 U.S.C. 801(a)(1)(A); to the Com- Taken on Office of Inspector General Rec- Resources. mittee on Ways and Means. ommendations’’ for the period ending Sep- 199. A letter from the Deputy Assistant Ad- 209. A letter from the Chief, Publications tember 30, 2008, pursuant to Inspector Gen- ministrator for Regulatory Programs, Na- and Regulations, Internal Revenue Service, eral Act Amendments of 1988; to the Com- tional Marine Fisheries Service, National transmitting the Service’s final rule — Rev- mittee on Oversight and Government Re- Oceanic and Atmospheric Administration, enue Ruling: 2009 Prevailing State Assumed form. transmitting the Administration’s final rule Interest Rates received January 15, 2009, pur- 189. A letter from the Associate Deputy — Taking of Marine Mammals Incidental to suant to 5 U.S.C. 801(a)(1)(A); to the Com- Secretary, Department of the Interior, trans- Commercial Fishing Operations; Atlantic mittee on Ways and Means. mitting notification that the Department Large Whale Take Reduction Plan [Docket 210. A letter from the Assistant Secretary has adopted and will fully follow the guide- No.: 0812081564-81568-01] (RIN: 0648-XM18) re- lines of the No FEAR Act; to the Committee Legislative Affairs, Department of State, ceived January 7, 2009, pursuant to 5 U.S.C. transmitting notification that the President on Oversight and Government Reform. 801(a)(1)(A); to the Committee on Natural 190. A letter from the Assistant Secretary intends to exercise his authority to waive Resources. the prohibition on the use of Economic Sup- for Management and Chief Financial Officer, 200. A letter from the Director, Office of port Funds for Barbados, Bolivia, Costa Rica, Department of the Treasury, transmitting Sustainable Fisheries, National Marine Fish- Cyprus, Ecuador, Kenya, Mali, Mexico, Na- the Department’s report on competitive eries Service, National Oceanic and Atmos- sourcing efforts for fiscal year 2008, pursuant pheric Administration, transmitting the Ad- mibia, Niger, Paraguay, Peru, Samoa, South to Public Law 108-199, section 647(b) of Divi- ministration’s final rule — Atlantic Highly Africa, St. Vincent and the Grenadines, Tan- sion F; to the Committee on Oversight and Migratory Species; Atlantic Bluefin Tuna zania, and Trinidad and Tobago, pursuant to Government Reform. Fisheries (RIN: 0648-XM15) received January Public Law 110-161, section 671 Div. J; jointly 191. A letter from the Secretary, Federal 7, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to to the Committees on Foreign Affairs and Maritime Commission, transmitting the the Committee on Natural Resources. Appropriations. Commission’s strategic plan for fiscal years 201. A letter from the Director, Depart- 211. A letter from the Program Manager 2010-2015; to the Committee on Oversight and ment of Justice, transmitting the Depart- ODRM, Department of Health and Human Government Reform. ment’s report entitled, ‘‘Report to the Na- Services, transmitting the Department’s 192. A letter from the Inspector General, tion 2007’’ from the Office for Victims of final rule — Medicare Program; Changes to General Services Administration, transmit- Crime for fiscal years 2005-2007, pursuant to the Competitive Acquisition of Certain Du- ting the Administration’s semiannual report Section 1407(g) of the Victims of Crime Act rable Medical Equipment, Prosthetics, from the Office of the Inspector General dur- of 1984; to the Committee on the Judiciary. Orthotics and Supplies (DMEPOS) by Certain ing the 6-month period ending September 30, 202. A letter from the Acting General Provisions of the Medicare Improvements for 2008; to the Committee on Oversight and Counsel, Department of Justice, transmit- Patients Providers Act of 2008 (MIPPA) Government Reform. ting the Department’s final rule — Vol- [CMA-1561-IFC] (RIN: 0938-AP59) received 193. A letter from the General Counsel, untary Departure: Effect of a Motion to Re- January 15, 2009, pursuant to 5 U.S.C. Government Accountability Office, trans- open or Reconsider or a Petition for Review 801(a)(1)(A); jointly to the Committees on mitting a letter pursuant to the require- [EOIR Docket No.: 163; AG Order No. 3027- Ways and Means and Energy and Commerce. ments of the Competition in Contracting Act 2008] (RIN: 1125-AA60) received January 6, f of 1984, 31 U.S.C. 3554(e)(2)(2000); to the Com- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Oversight and Government Re- Committee on the Judiciary. PUBLIC BILLS AND RESOLUTIONS form. 203. A letter from the Secretary, Depart- 194. A letter from the Deputy General ment of Veterans Affairs, transmitting a re- Under clause 2 of rule XII, public Counsel, Office of National Drug Control Pol- port for fiscal year 2005 through 2008 on ex- bills and resolutions of the following icy, Executive Office of the President, trans- penditures from the Pershing Hall Revolving titles were introduced and severally re- mitting a report pursuant to the Federal Va- Fund for projects, activities, and facilities ferred, as follows: cancies Reform Act of 1998; to the Com- that support the mission of the Department, By Mr. BOREN: mittee on Oversight and Government Re- pursuant to Public Law 102-86, section form. H.R. 611. A bill to provide for marginal well 403(d)(6)(A); to the Committee on Veterans’ production preservation and enhancement; 195. A letter from the Deputy General Affairs. to the Committee on Ways and Means, and in Counsel, Office of National Drug Control Pol- 204. A letter from the Assistant Secretary addition to the Committees on Energy and icy, Executive Office of the President, trans- Legislative Affairs, Department of State, mitting a report pursuant to the Federal Va- transmitting notification of action taken to Commerce, and Transportation and Infra- cancies Reform Act of 1998; to the Com- extend the ‘‘Memorandum of Understanding structure, for a period to be subsequently de- mittee on Oversight and Government Re- Between the Government of the United termined by the Speaker, in each case for form. States of America and the Government of consideration of such provisions as fall with- 196. A letter from the Acting Director, Of- the Kingdom of Cambodia Concerning the in the jurisdiction of the committee con- fice of Sustainable Fisheries, National Ma- Imposition of Import Restrictions on Khmer cerned. rine Fisheries Service, Department of Com- Archaeological Material,’’ pursuant to 19 By Mr. JONES: merce, transmitting the Administration’s U.S.C. 2602(g), section 303(g); to the Com- H.R. 612. A bill to amend section 1922A of final rule — Fisheries of the Northeastern mittee on Ways and Means. title 38, United States Code, to increase the United States; Atlantic Herring Fishery; 205. A letter from the Chief, Publications amount of supplemental insurance available 2007-2009 Specifications [Docket No.: and Regulations, Internal Revenue Service, for totally disabled veterans; to the Com- 061228342-7068-02] (RIN: 0648-XM06) received transmitting the Service’s final rule — In- mittee on Veterans’ Affairs. January 7, 2009, pursuant to 5 U.S.C. terim Guidance under section 475A (Notice By Mr. JONES: 801(a)(1)(A); to the Committee on Natural 2009-08) received January 15, 2009, pursuant H.R. 613. A bill to amend title 10, United Resources. to 5 U.S.C. 801(a)(1)(A); to the Committee on States Code, to provide for forgiveness of 197. A letter from the Acting Director, Of- Ways and Means. certain overpayments of retired pay paid to fice of Sustainable Fisheries, National Ma- 206. A letter from the Chief, Publications deceased retired members of the Armed rine Fisheries Service, National Oceanic and and Regulations Branch, Internal Revenue Forces following their death; to the Com- Atmospheric Administration, transmitting Service, transmitting the Service’s final rule mittee on Armed Services. the Administration’s final rule — Fisheries — Required Minimum Distributions for 2009 By Mr. PENCE (for himself, Mr. SMITH in the Western Pacific Crustacean Fisheries; (Notice 2009-9) received January 15, 2009, pur- of New Jersey, Mr. PITTS, Mr. Deepwater Shrimp (RIN: 0648-AV29) received suant to 5 U.S.C. 801(a)(1)(A); to the Com- FRANKS of Arizona, Mr. WESTMORE- January 7, 2009, pursuant to 5 U.S.C. mittee on Ways and Means. LAND, Mr. COLE, Mr. SENSENBRENNER, 801(a)(1)(A); to the Committee on Natural 207. A letter from the Chief Publications Mr. TERRY, Mr. BURTON of Indiana, Resources. and Regulations, Internal Revenue Service, Mr. INGLIS, Mr. HALL of Texas, Mrs.

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SCHMIDT, Mrs. BLACKBURN, Mr. PAUL, from medical assistance under the Medicaid Ms. LEE of California, Mr. HINOJOSA, Mr. LAMBORN, Mr. FLAKE, Mr. HOEK- Program of items and services for patients in Mr. BERMAN, and Mr. CROWLEY): STRA, Mr. FORTENBERRY, Mr. MILLER an institution for mental diseases; to the H. Res. 76. A resolution mourning the hor- of Florida, Mr. TIAHRT, Mr. BOOZMAN, Committee on Energy and Commerce. rific loss of life in January 2009 caused by a Mr. SHUSTER, Mr. BROWN of South By Mr. KING of New York: landslide in Guatemala and an earthquake in Carolina, Mrs. BACHMANN, Mr. WIL- H.R. 620. A bill to amend the Internal Rev- Costa Rica and expressing the sense of Con- SON of South Carolina, Mr. MCCAUL, enue Code of 1986 to allow an increased work gress that the United States should assist Mr. RYAN of Wisconsin, Mr. SCALISE, opportunity credit with respect to recent the affected people and communities; to the Mr. ROGERS of Alabama, Mr. BART- veterans; to the Committee on Ways and Committee on Foreign Affairs. LETT, Mr. POE of Texas, Mr. HERGER, Means. By Mr. WITTMAN: Mr. BACHUS, Mr. NEUGEBAUER, Mr. By Mr. KINGSTON (for himself, Mr. H. Res. 77. A resolution congratulating the AKIN, Mrs. MCMORRIS RODGERS, Mr. SESSIONS, Mr. WU, Mr. BARROW, Ms. University of Mary Washington in Fred- OLSON, Mr. KLINE of Minnesota, Mr. MCCOLLUM, Mrs. MALONEY, Mr. ericksburg, Virginia, for more than 100 years KING of Iowa, Mr. FLEMING, Mr. BAR- MCGOVERN, Mr. GOHMERT, Mr. DUN- of service and leadership to the United RETT of South Carolina, Mr. MCKEON, CAN, Mr. WOLF, Ms. EDWARDS of States; to the Committee on Education and Mr. THOMPSON of Pennsylvania, Mr. Maryland, Mr. LEWIS of California, Labor. HARPER, Mrs. LUMMIS, Mr. CHAFFETZ, Ms. WASSERMAN SCHULTZ, Mr. MAR- f Mr. MCHENRY, Mr. BROUN of Georgia, SHALL, Mr. FRELINGHUYSEN, and Mr. Ms. FALLIN, Mr. BRADY of Texas, Ms. DEAL of Georgia): ADDITIONAL SPONSORS FOXX, Mr. GINGREY of Georgia, Mr. H.R. 621. A bill to require the Secretary of Under clause 7 of rule XII, sponsors CASSIDY, Mr. LINDER, Mr. DAVIS of the Treasury to mint coins in commemora- tion of the centennial of the establishment were added to public bills and resolu- Tennessee, Mr. SOUDER, Mr. DAVIS of tions as follows: Kentucky, Mr. JORDAN of Ohio, Mr. of the Girl Scouts of the United States of ROE of Tennessee, Mr. GARRETT of America; to the Committee on Financial H.R. 13: Mr. CONYERS and Mr. MCGOVERN. New Jersey, Mr. BISHOP of Utah, and Services. H.R. 16: Ms. HERSETH SANDLIN. Mr. MCCLINTOCK): By Mr. MICHAUD (for himself, Mr. H.R. 17: Mr. MCCLINTOCK and Mr. ROGERS H.R. 614. A bill to amend title X of the PLATTS, and Mr. GORDON of Ten- of Alabama. Public Health Service Act to prohibit family nessee): H.R. 31: Mr. FALEOMAVAEGA, Mr. JACKSON planning grants from being awarded to any H.R. 622. A bill to amend the Internal Rev- of Illinois, Mr. GRIJALVA, Mrs. LOWEY, Ms. entity that performs abortions, and for other enue Code of 1986 to expand the credit for re- ROYBAL-ALLARD, Mr. SPRATT, Mr. purposes; to the Committee on Energy and newable electricity production to include RODRIGUEZ, Mr. RUSH, Mr. LARSEN of Wash- Commerce. electricity produced from biomass for on-site ington, Mr. CUELLAR, Mr. PASCRELL and Ms. By Mr. ACKERMAN (for himself, Mr. use; to the Committee on Ways and Means. CASTOR of Florida. MORAN of Virginia, Mr. ROHR- By Mr. REYES: H.R. 85: Mr. LAMBORN. ABACHER, Mr. CROWLEY, Mr. BROWN of H.R. 623. A bill to provide for greater judi- H.R. 104: Mr. WU and Mr. DEFAZIO. South Carolina, Mr. CASTLE, Mr. cial discretion in sentencing for certain fire- H.R. 106: Mr. SESTAK. COHEN, Mr. VAN HOLLEN, Mr. HARE, arms offenses committed in exceptional cir- H.R. 135: Mr. CALVERT. Mr. FILNER, Mr. SMITH of New Jersey, cumstances; to the Committee on the Judici- H.R. 147: Mr. FILNER, Ms. CORRINE BROWN and Mr. MOORE of Kansas): ary. of Florida, Mr. MOORE of Kansas, and Mr. H.R. 615. A bill to amend the Federal Haz- By Mr. THOMPSON of California: GRIJALVA. ardous Substances Act to require engine H.R. 624. A bill to amend title 49, United H.R. 150: Mr. BURTON of Indiana, Mr. coolant and antifreeze to contain a bittering States Code, to ensure air passengers have BILBRAY, and Mrs. MYRICK. agent so as to render it unpalatable; to the access to necessary services while on a H.R. 154: Mr. BILBRAY. Committee on Energy and Commerce. grounded air carrier, and for other purposes; H.R. 155: Mr. BILBRAY. By Mr. BERRY (for himself, Mr. MORAN to the Committee on Transportation and In- H.R. 156: Mr. HALL of New York, Mr. AUS- of Kansas, Mr. ROGERS of Alabama, frastructure. TRIA, and Mr. FLEMING. Mr. JONES, Mr. PAUL, Mrs. MCMORRIS By Mr. WEINER (for himself, Mr. H.R. 223: Mr. FARR, Ms. MATSUI, Mr. RODGERS, Mrs. EMERSON, and Mr. FLAKE, Mr. BURTON of Indiana, and GEORGE MILLER of California, Mr. WEXLER): Mr. GONZALEZ): MCNERNEY, Ms. SPEIER, Ms. ESHOO, Ms. ZOE H.R. 616. A bill to amend part B of title H.R. 625. A bill to amend the Homeland Se- LOFGREN of California, Mr. CARDOZA, Mrs. XVIII of the Social Security Act to provide curity Act of 2002 to direct the Secretary of NAPOLITANO, Ms. LORETTA SANCHEZ of Cali- for an exemption of pharmacies and phar- Homeland Security to require, as a condition fornia, Mrs. DAVIS of California, and Mr. FIL- macists from certain Medicare accreditation of receiving a homeland security grant, that NER. requirements in the same manner as such ex- a grant recipient submit reports on each ex- H.R. 225: Mr. KILDEE, Mr. TURNER, Mr. emption applies to certain professionals; to penditure made using grant funds; to the FARR, Ms. SHEA-PORTER, and Mr. SARBANES. the Committee on Energy and Commerce, Committee on Homeland Security. H.R. 227: Mr. COLE and Mr. LUETKEMEYER. and in addition to the Committee on Ways By Ms. LEE of California (for herself, H.R. 253: Ms. SCHAKOWSKY. and Means, for a period to be subsequently Ms. WATERS, Mr. WAXMAN, Mrs. H.R. 268: Mr. MCINTYRE. determined by the Speaker, in each case for CHRISTENSEN, Ms. VELA´ ZQUEZ, Mr. H.R. 290: Mr. STARK, Mr. ELLISON, Mr. consideration of such provisions as fall with- HONDA, and Mr. MEEKS of New York): LEVIN, and Mr. WELCH. in the jurisdiction of the committee con- H. Con. Res. 24. Concurrent resolution ex- H.R. 291: Mr. LEWIS of Georgia, Mr. STARK, cerned. pressing the sense of Congress on the need Mr. HARE, Mr. GRIJALVA, Ms. HIRONO, Ms. By Mr. BOREN: for a national AIDS strategy; to the Com- EDWARDS of Maryland, and Mr. WELCH. H.R. 617. A bill to amend the Internal Rev- mittee on Energy and Commerce. H.R. 292: Mr. BOSWELL. enue Code of 1986 to eliminate the taxable in- By Mr. LARSON of Connecticut: H.R. 307: Ms. HERSETH SANDLIN. come limit on percentage depletion for oil H. Res. 74. A resolution electing Members H.R. 311: Mr. KLINE of Minnesota. and natural gas produced from marginal to certain standing committees of the House H.R. 328: Mrs. LOWEY. properties; to the Committee on Ways and of Representatives; considered and agreed to. H.R. 336: Mr. HARE, Ms. BORDALLO, Ms. Means. By Mr. MCNERNEY (for himself, Mr. MOORE of Wisconsin, Mr. MCGOVERN, Mr. By Mr. FATTAH (for himself, Mr. BERMAN, Mrs. CAPPS, Mr. CARDOZA, LEWIS of Georgia, Mr. FARR, and Mr. HIN- CUMMINGS, Mr. KENNEDY, Mr. ABER- Ms. ESHOO, Mr. FARR, Mr. FILNER, CHEY. CROMBIE, Mr. STARK, Ms. LORETTA Ms. LEE of California, Ms. MATSUI, H.R. 383: Mr. GARY G. MILLER of California. SANCHEZ of California, Ms. DELAURO, Mr. GEORGE MILLER of California, Ms. H.R. 385: Mr. YOUNG of Alaska and Mr. Mr. PLATTS, Mr. LEWIS of Georgia, LORETTA SANCHEZ of California, Mr. HOEKSTRA. Mr. COOPER, Mr. PAYNE, Ms. SHERMAN, Mrs. TAUSCHER, Mr. H.R. 389: Mr. ELLISON. BORDALLO, Mr. HINOJOSA, Mr. YOUNG THOMPSON of California, and Mr. H.R. 450: Mr. BROUN of Georgia. of Alaska, Mr. POLIS of Colorado, Mr. WAXMAN): H.R. 461: Mr. SESTAK. KUCINICH, Mrs. MALONEY, Mr. H. Res. 75. A resolution honoring Chesley H.R. 464: Mrs. SCHMIDT, Mr. CALVERT, Mr. GRIJALVA, Mr. YARMUTH, Mr. B. ‘‘Sully’’ Sullenberger III and the crew of BOOZMAN, and Mr. SMITH of Nebraska. WEXLER, and Mr. CARDOZA): US Airways Flight 1549 for their heroism, H.R. 490: Mr. HOEKSTRA. H.R. 618. A bill to require the President to calm under pressure, and dedication to the H.R. 500: Mr. DENT, Mr. BARTLETT, Mr. call a White House Conference on Children safety of passengers on board; to the Com- WHITFIELD, Mr. PETRI, Mr. LATOURETTE, Mrs. and Youth in 2010; to the Committee on Edu- mittee on Transportation and Infrastruc- BIGGERT, and Mr. GERLACH. cation and Labor. ture. H.R. 510: Mr. KAGEN and Mr. PETRI. By Ms. EDDIE BERNICE JOHNSON of By Mr. BURTON of Indiana (for him- H.R. 525: Mr. BRADY of Texas. Texas (for herself and Mr. GRIJALVA): self, Mr. ENGEL, Mr. MACK, Ms. ROS- H.R. 562: Mr. FARR. H.R. 619. A bill to amend title XIX of the LEHTINEN, Mr. SIRES, Mr. WEXLER, H.R. 569: Mr. ACKERMAN, Mr. WEXLER, Ms. Social Security Act to remove the exclusion Mr. PAYNE, Mr. GENE GREEN of Texas, SCHAKOWSKY, and Mr. MCDERMOTT.

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H.R. 594: Mr. FILNER. CAPUANO, Ms. ZOE LOFGREN of California, Mr. WARDS of Texas, Ms. BORDALLO, Mr. DOYLE, H.R. 608: Ms. EDWARDS of Maryland. GRAYSON, Mr. PERRIELLO, Mr. AUSTRIA, and Mr. SERRANO, Mr. FATTAH, Mr. JACKSON of Il- H.R. 610: Mrs. MCCARTHY of New York, Mr. Mr. ETHERIDGE. linois, Mr. ELLISON, Mr. ISRAEL, Mrs. HOLT, and Mr. CUMMINGS. H. Res. 39: Mr. DAVIS of Kentucky, Mr. MALONEY, Mr. SIRES, and Ms. NORTON. H.J. Res. 3: Mr. POSEY. DRIEHAUS, Mrs. BIGGERT, and Mr. JONES. H.J. Res. 11: Mr. DENT. H. Res. 56: Mr. HINOJOSA, Mr. KENNEDY, Mr. f H. Con. Res. 18: Mr. BURTON of Indiana. ANGEVIN OLT ONYERS IL H. Res. 20: Mr. MILLER of North Carolina L , Mr. H , Mr. C , Mr. M - and Mr. DANIEL E. LUNGREN of California. LER of North Carolina, and Mr. MCDERMOTT. PETITIONS, ETC. H. Res. 22: Mr. FILNER, Mr. CONYERS, and H. Res. 57: Mr. SESTAK. Under clause 3 of rule XII, Mr. MILLER of North Carolina. H. Res. 66: Mr. FILNER and Mr. CLEAVER. H. Res. 31: Mr. MITCHELL, Mr. DOYLE, Mrs. H. Res. 70: Mr. PENCE, Mr. BURTON of Indi- 11. The SPEAKER presented a petition of MYRICK, Mr. WEXLER, Mr. FILNER, Mr. ana, Mr. BUYER, Mr. MCCOTTER, Mrs. MILLER the Legislature of Rockland County, New MCNERNEY, Ms. ZOE LOFGREN of California, of Michigan, Mr. OBERSTAR, Ms. GINNY York, relative to Resolution No. 606 of 2008 Mr. MILLER of North Carolina, Mr. LATTA, BROWN-WAITE of Florida, Mr. MILLER of Flor- requesting that the United States Senate Mr. CONNOLLY of Virginia, Ms. KILROY, and ida, Mr. ROONEY, Ms. CASTOR of Florida, Mr. pass legislation to prohibit the display of so- Ms. LEE of California. PUTNAM, and Mr. YOUNG of Florida. cial security account numbers on medicare H. Res. 36: Mr. VAN HOLLEN, Mr. HONDA, H. Res. 73: Mr. MICHAUD, Mr. KUCINICH, Mr. cards; which was referred to the Committee Mr. SCHRADER, Mr. MCDERMOTT, Mr. FARR, Mr. COURTNEY, Mr. SNYDER, Mr. ED- on Ways and Means.

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Vol. 155 WASHINGTON, WEDNESDAY, JANUARY 21, 2009 No. 12 Senate The Senate met at 12 noon and was U.S. SENATE, other Senators who have amendments called to order by the Honorable ROB- PRESIDENT PRO TEMPORE, to offer. I ask they be ready to offer ERT P. CASEY, Jr., a Senator from the Washington, DC, January 21, 2009. them sometime this afternoon or this Commonwealth of Pennsylvania. To the Senate: evening. In addition, the managers are Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby working on an arrangement to consider PRAYER appoint the Honorable ROBERT P. CASEY, Jr., additional amendments in order to The Chaplain, Dr. Barry C. Black, of- a Senator from the Commonwealth of Penn- complete any action on this bill. This fered the following prayer: sylvania, to perform the duties of the Chair. bill is open for amendment when we Let us pray. ROBERT C. BYRD, finish the Clinton nomination, so I Almighty God, the giver of true free- President pro tempore. hope people are ready to work on that. dom, awaken in us a new appreciation Mr. CASEY thereupon assumed the f for our Nation that we may apply our- chair as Acting President pro tempore. RESERVATION OF LEADER TIME selves to keeping alive a real sense of f liberty. The ACTING PRESIDENT pro tem- RECOGNITION OF THE MAJORITY pore. Under the previous order, the Thank You for our Nation’s Found- LEADER ers, their ideals, their principles, and leadership time is reserved. their sacrifices. Thank You, Lord, for The ACTING PRESIDENT pro tem- f the long progression of statesmen and pore. The majority leader is recog- patriots who have guarded our rights nized. EXECUTIVE SESSION and healed our land. Thank You for the f peaceful transition of power that took SCHEDULE NOMINATION OF HILLARY place in our Capitol yesterday. Lord, Mr. REID. Mr. President, following RODHAM CLINTON TO BE SEC- we also thank You for the members of RETARY OF STATE the Senate staff who serve behind the leader remarks, the Senate will pro- scenes and work into the evening sus- ceed to executive session to consider The ACTING PRESIDENT pro tem- taining our well-being. In an hour the nomination of HILLARY CLINTON to pore. Under the previous order, the where great issues are at stake, may be Secretary of State. There will be up Senate shall proceed to executive ses- those who serve on Capitol Hill rise to to 3 hours of debate equally divided and sion to consider the following nomina- meet the challenges and strive to be controlled between the two leaders or tion which the clerk will report. faithful. their designees. The designee I have on The assistant legislative clerk read We pray in Your holy Name. Amen. this side is the chairman of the Foreign the nomination of HILLARY RODHAM Relations Committee, Senator JOHN CLINTON, of New York, to be Secretary f KERRY. of State. The Senate will recess from 12:45 The ACTING PRESIDENT pro tem- PLEDGE OF ALLEGIANCE until 2:15 p.m. today to allow for the pore. Under the previous order, there The Honorable ROBERT P. CASEY, Jr. weekly caucus luncheons. We tried to will be 3 hours of debate equally di- led the Pledge of Allegiance, as follows: make it clear last night, but if we did vided and controlled between the lead- I pledge allegiance to the Flag of the not, for further clarification I ask ers or their designees. United States of America and to the Repub- unanimous consent that the time dur- The Senator from Massachusetts is lic for which it stands, one nation under God, ing the recess not count against the recognized. indivisible, with liberty and justice for all. time reserved for debate on the nomi- Mr. KERRY. Mr. President, I ask nation. unanimous consent that the Foreign f The ACTING PRESIDENT pro tem- Relations Committee be discharged pore. Without objection, it is so or- from further consideration of the fol- APPOINTMENT OF ACTING dered. lowing nomination: HILLARY RODHAM PRESIDENT PRO TEMPORE Mr. REID. Mr. President, upon dis- CLINTON of New York to be Secretary The PRESIDING OFFICER. The position of the Clinton nomination, the of State. clerk will please read a communication Senate will resume consideration of The ACTING PRESIDENT pro tem- to the Senate from the President pro the Lilly Ledbetter Fair Pay Act and pore. Without objection, it is so or- tempore (Mr. BYRD). debate the pending Hutchison amend- dered. The assistant legislative clerk read ment. We hope to complete the vote on Mr. KERRY. Mr. President, I further the following letter: that today. I understand there are ask unanimous consent that if there

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

S673

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Mr. President, yester- through a thorough review of the rel- real or apparent, exist. day—a historic day—we swore in a new evant agreements that Senator CLIN- Senator CLINTON was also very clear President who has the vigor and the vi- TON and former President Clinton have personally at the hearing and in her sion to restore America’s place in the entered into. We submitted numerous answers to the questions for the record world. I think we would all agree that questions for the record, and they were in saying that she fully understands yesterday he made very inspiring and very direct and blunt questions. We ex- her obligation and her interest in bold statements about America and amined this issue extensively in the avoiding any kind of unwelcome dis- how we will invite the world to join us lead-up to Senator CLINTON’s nomina- traction. I take her at her word. I hope in the efforts to restore our values, in tion hearing, and then again at the the rest of our colleagues will do so a sense, to the center stage of that de- hearing itself. Senator LUGAR at quite also. bate, but also to join in a renewed ef- some length expressed why he saw I understand that Senator LUGAR and fort to find peace and end conflict. I some issues here and expressed some some others have requested that large thought his words, particularly to the concerns, but at the same time could donations from foreign entities ought Muslim world, were very important. not have been more clear about his to be disclosed more frequently than We hope, obviously, to be able to move support—enthusiastic support—for the once-a-year requirement outlined in the agreement. I happen to agree on those initiatives as rapidly as pos- Senator CLINTON assuming these re- that that would have been preferable, sible. Already, the new administration sponsibilities. The conclusion we but the bottom line is that the desired is taking crucial, long-awaited steps to reached was whatever the concerns deterrent effect still exists, and the embark on a new era of moral leader- some in this body may have—and we don’t contest the legitimacy of believ- bottom line is the public will still ship and global outreach. know, albeit in a different time frame, It is an understatement to say these ing that, as Senator LUGAR said, per- but it will know what the situation is. are challenging times. We are fighting haps going further would have cleared Furthermore, all contributions by for- two wars and the threat of terrorism, some of the questions that still exist— but that doesn’t mean that on the eign governments will be subject to a as we all know, is as strong as ever. As review process by the State Depart- other side there is an automatic—that the President said, we labor under ment’s ethics officials. This review will there is a problem. So in essence, none gathering clouds and raging storms of occur prior to the receipt of any such the severest economic crisis of our life- of these questions call into question at contribution, and Senator CLINTON has time. At such a moment, it is essential all Senator CLINTON’s fitness, readi- made it clear that the process has been that we provide the President with the ness, and appropriateness in serving as designed to avoid even the appearance tools and the resources he needs to ef- Secretary of State. Senator LUGAR, in of a conflict of interest. As all of us fect change. That starts by making his very clearly stated view with re- know, the appearance of a conflict sure he has the national security team spect to this issue, offered a series of under the law is always as critical as he has chosen in place as soon as pos- well-thought-out additional proposals, the reality of a conflict. It stands at sible. Even this afternoon, the Presi- and he made clear that notwith- the same level of scrutiny and, there- dent will follow through on promises standing those proposals—which in his fore, I think her statement is a very he has made to sit down on day one heart and in his mind he felt would important one. with his national security team, par- have simply made this much clearer— It is important to note that the ticularly with the military leadership, he nevertheless was clear about his in- pledges for future contributions by for- in order to talk about Iraq, Afghani- tention, without those being put in eign governments will also be subject stan, Pakistan, and the wars we are in- place, that he felt it was important to this same review process. That was volved in. That team includes HILLARY that Senator CLINTON be confirmed. It an issue of particular interest to me CLINTON as Secretary of State. is noteworthy that after a very lengthy and some other members of the com- I think everyone can agree that at discussion about review and disclosure mittee, and I appreciate the willing- her confirmation hearing, Secretary- and after the full consideration by the ness of Secretary-designate CLINTON designate HILLARY CLINTON dem- committee itself, the Foreign Rela- and the foundation to address the onstrated an impressive grasp of the tions Committee passed her nomina- issues during the discussions we had numerous complex foreign policy tion out and brought it here to the over the memorandum of under- issues we face and she demonstrated floor by a vote of 16 to 1. standing leading up to the hearing. why she is going to make such an effec- Now, as we think about this issue, for Again, I and others preferred that tive Secretary of State. She has the anybody who is not yet decided about those pledges might have also been stature to project America’s leadership what they may or may not do, context subject to disclosure requirements. globally and to help build alliances at is very important. The Clinton Founda- Still, we take comfort in the fact that home and abroad. That is going to be tion does extraordinary, worthwhile, they are going to be subject to the eth- vital to our success in the years ahead. lifesaving work in areas such as HIV/ ics review process and subject also, Now, I understand the concerns that AIDS, global climate change, and eco- frankly, to the stated interest Senator were raised about fundraising activi- nomic development in some of the CLINTON expressed before the com- ties of the Clinton Foundation. Let me most impoverished corners of this plan- mittee of avoiding any kind of conflict start by saying that Secretary-des- et. It is important to remember that or perception issue, and I am confident ignate CLINTON and former President the Clintons do not in any way person- she is going to bend over backward to Clinton have voluntarily entered into ally benefit financially from the ac- try to make sure that happens. an ethics review and disclosure process tions of the foundation. So there is So, in the end, I fully respect the with respect to donations to former none of the sort of traditional notion of questions that have been raised. I ac- President Clinton’s foundation that financial conflict of interest. It doesn’t knowledge that some members of the goes well beyond any requirements exist because there is no personal fi- committee felt that perhaps the final under the law or any applicable ethics nancial interest by either of them. product could have expressed more, but regulations. This is an unprecedented Moreover, according to Secretary-des- the final product is not contained en- situation none of us can contest, nor ignate CLINTON, all donations to the tirely within the framework of the four would we. There is no existing blue- Clinton Foundation, including dona- corners of the agreement. It is con- print on which to draw here. Secretary- tions to the Clinton Global Initiative, tained in the framework of the hear- designate CLINTON and former Presi- will be disclosed publicly. So nothing ings and it is contained also in the ex- dent Clinton have gone to considerable relevant to the measurement of a po- pressions made publicly by Senator

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I am someone who run for office are familiar with the that have been expressed. who has long believed that our Govern- fact we have to file campaign finance So I am confident that significant ment is too opaque to most of the peo- reports so the public can know who is and sufficient checks and balances ple we work for, and as an advocate of contributing to our campaigns and be exist and that we should proceed for- open government, I agree with him attuned to any concerns that may ward and overwhelmingly—I hope 1,000 percent. I pledge to him and to my arise. unanimously but certainly overwhelm- colleagues across the aisle that if there I wish to be clear that my concerns ingly—confirm Senator CLINTON. She are things we can do, such as working are not with the charitable activities needs to assume these responsibilities together, as Senator LEAHY and I have of the Clinton Foundation, which I and and begin serving the country as our on Freedom of Information Act reform, others admire. But we should not let Secretary of State. And while the Sen- to improve the openness and trans- our respect for Senator CLINTON or our ate ponders the ethical implications of parency of our Government, we ought admiration for the many good works of Senator CLINTON’s charitable work and to be all about that. As we know, the the Clinton Foundation blind us to the President Clinton’s charitable work, foundation of our legitimacy comes danger of perceived conflicts of inter- we need to remember that the world is from the consent of the governed—the est caused by the solicitation of hun- moving at a fast pace. There isn’t time people of this country. If they do not dreds of millions of dollars from for- to delay American engagement in on- know what their Government is doing eign and some domestic sources. The going crises. Gaza is waiting, the Mid- or if certain things are hidden from perception and reality must be that the dle East is waiting, Pakistan, Afghani- their view, they cannot consent, and office of the Secretary of State, as stan, and a host of other issues, and they operate in a less-than-legitimate viewed around the world, is beyond re- our Secretary of State needs to be in way. proach. place and empowered to engage in dis- I wish President Obama and his ad- Mr. President, I ask unanimous con- ministration well. His success will cussions that have been waiting all sent to have printed in the RECORD an these months and weeks now, where mean America’s success. But if we are article from the New York Times, President Obama has made so clear going to restore trust between the dated December 19, 2008, immediately that we only have one President at a American people and their Govern- following my remarks. time. Well, now we have that President ment, we need to be careful that the re- The ACTING PRESIDENT pro tem- and that President needs and deserves ality matches the rhetoric. My concern pore. Without objection, it is so or- his security team. is not whether our colleague, Senator dered. CLINTON, is qualified to be Secretary of So I hope my colleagues will join me (See exhibit 1.) State—she is, and I intend to vote for in appreciating the larger importance Mr. CORNYN. The title of that arti- her confirmation—but I believe it is of this moment, put aside those con- cle is: ‘‘In Clinton List, a Veil Is Lifted very important to flesh out some of the cerns with an appropriate, obvious sort on Foundation.’’ of further expression of them but move concerns that have been raised, legiti- As many of our colleagues know, forward to allow President Obama and mately, by Senator KERRY, Senator when this memorandum of under- his Secretary of State to confront the LUGAR, and others that I think bear standing was entered into, for the first multiple crises and challenges that are some public discussion and some de- time the Clinton Foundation revealed going to be the measure of our achieve- bate in the Senate. the source of its some $500 million ment as a country and as a Senate and I argued to Senator CLINTON yester- worth of contributions over the last 10 Congress over the course of the next day—or I didn’t argue to her, but I ex- years. Many of them were few years. plained my position to her; that I The ACTING PRESIDENT pro tem- thought greater transparency would unremarkable, but some of them were pore. The Senator from Texas. make it better for her as she enters troubling, raising the very issue we are Mr. CORNYN. Mr. President, I appre- this new job as Secretary of State be- discussing today—contributions from ciate the comments of the distin- cause any cloud or question that re- foreign nations, for example, from the guished chairman of the Foreign Rela- mains because of the lack of trans- Kingdom of Saudi Arabia directly to tions Committee, and I find I agree parency or lack of disclosure I think the foundation. Clearly, Senator CLIN- with virtually all of them, so I wish to hurts her and hurts the Obama admin- TON, as Secretary of State, as our chief make clear at the outset that this is an istration at a time when we want to diplomat, is going to be dealing with opportunity for us, over the next few see it succeed. Of course, the concern is the country and the Kingdom of Saudi hours, to talk about what ought to be that, as she explained to me, any rule Arabia. our goal and that is to confirm a new we have should not just apply to her Mr. President, I ask unanimous con- Secretary of State who will be able to and the former President, and I told sent to have printed in the RECORD a do the Nation’s work and be able to her that is fine with me; that we would list of the Clinton Foundation’s select avoid any perceived conflict of interest be glad to work together to try to foreign sources of contributions fol- as a result of the fundraising by her come up with something that would lowing my remarks. husband’s foundation. make this kind of disclosure across the The ACTING PRESIDENT pro tem- I appreciate particularly the good- board. pore. Without objection, it is so or- faith acknowledgement of the concerns I agree with the Senator from Massa- dered. of the Senator from Massachusetts. chusetts, having a former President of (See exhibit 2.) They were also expressed by Senator the United States running a foundation Mr. CORNYN. Mr. President, that list LUGAR. I think the concerns were ac- such as this and to have his spouse as includes the State of Kuwait, the State knowledged by both the Clinton Foun- Secretary of State is an unusual and of Qatar, and various foreign individ- dation and by Senator CLINTON herself perhaps unprecedented event, giving uals. in entering into a memorandum of un- rise to these unusual and unprece- In the article I mentioned a moment derstanding with the transition team dented concerns. But many taxpayers ago from the New York Times, there is of the now President Obama adminis- make frequent disclosures to the Gov- just one example of the perception of tration. ernment on a monthly or quarterly conflict of interest that I think ought I know we all realize this, but it is basis. I don’t see why the Clinton to give all of us concern. Last year, in important to say again that yesterday Foundation could not do so on a more the last Congress, we voted to support was a historic day, with the inaugura- frequent basis, as suggested by Senator a civilian nuclear technology arrange- tion of the 44th President of the United LUGAR, the ranking member on the ment with the country of India, and I States. Among the many things Presi- Foreign Relations Committee. I don’t voted for it. But one of the problems, dent Obama said, and that I agree with, see any particular hardship for her—or, for example, is that one of the individ- I was particularly glad to hear him say excuse me, for the foundation—to do uals who was lobbying for that was a we should do our business in the light something that taxpayers are required politician in India who gave between $1

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For ex- meaningful basis upon which to further significant contribution to the founda- ample, he suggested that gifts of $50,000 discuss this, negotiate it, and it would tion. or more to the Clinton Foundation be my intention, working with other Now, I am not suggesting anything from any foreign source, including in- colleagues here, to produce legislation, untoward or improper about that, but I dividuals, should be submitted to the as we flesh that out, which might ac- am pointing out the very real example agreed-upon State Department ethics complish that in the days ahead. of a perception of conflict of interest, review process. EXHIBIT 1 which is something that I think we all I would alert my colleagues to the [From the New York Times, Dec. 19, 2008] would hope to avoid. fact that the agreement between the IN CLINTON LIST, A VEIL IS LIFTED ON There is also a list of other contribu- Obama team and the foundation only FOUNDATION tors, domestic contributors, including commits the foundation to submit for (By Peter Baker and Charlie Savage) some of the financial services industry State Department review those gifts WASHINGTON.—Former President Bill Clin- on Wall Street, which has been the ben- from foreign governments and govern- ton has collected tens of millions of dollars eficiary of various Government bail- ment-controlled entities. As Senator for his foundation over the last 10 years from outs during the course of the last few LUGAR aptly pointed out, in many for- governments in the Middle Fast, tycoons months during the economic crisis. eign countries the tie between the gov- from Canada, India, Nigeria and Ukraine, Mr. President, I ask unanimous con- ernment and private citizens is blurred. and other international figures with inter- sent to have printed in the RECORD Individuals with close connections to ests in American foreign policy. that list at the end of my remarks. the government or governing families Lifting a longstanding cloak of secrecy, The ACTING PRESIDENT pro tem- often act as surrogates for those gov- Mr. Clinton on Thursday released a complete pore. Without objection, it is so or- list of more than 200,000 donors to his foun- ernments. Consequently, contributions dation as part of an agreement to douse con- dered. from foreign governments or foreign- cerns about potential conflicts if Senator (See exhibit 3.) controlled companies are not the only Hillary Rodham Clinton is confirmed as sec- Mr. CORNYN. Mr. President, Senator foreign contributions that could raise retary of state in the Obama administration. LUGAR, who is admired by all of us for serious conflicts of interest. The donor list offers a glimpse into the his knowledge and experience on the I would go further and require that high-powered, big-dollar world in which Mr. Foreign Relations Committee, ex- every pledge or donation be made pub- Clinton has traveled since leaving the White plained the likelihood of a conflict of licly available online within a short House as he jetted around the globe making money for himself and raising vast sums for interest. He said that the Clinton time—perhaps a week. If we did it on a Foundation exists as a temptation to his ambitious philanthropic programs fight- monthly basis, that would be far better ing disease, poverty and climate change. any foreign entity or government that than what the MOU currently provides. Some of the world’s richest people and most believes it can curry favor through a The foundation’s agreement to make famous celebrities handed over large checks donation, and obviously that creates a disclosures once a year is simply not to finance his presidential library and chari- potential perception problem with any enough in order to achieve that kind of table activities. action taken by the Secretary of State transparency President Obama talked With his wife now poised to take over as in relation to foreign givers of their about yesterday that will help give the America’s top diplomat, Mr. Clinton’s fund- country. I share Senator LUGAR’s con- American people more confidence in raising is coming under new scrutiny for re- cerns, as I have explained here. I con- lationships that could pose potential con- their Government. That is not doing flict-of-interest issues for Mrs. Clinton in her cur with his commonsense solution business in the light of day in a way job. Some of her husband’s biggest backers that during Senator CLINTON’s tenure that restores that vital trust, to do it have much at stake in the policies that as Secretary of State, the foundation only annually, after the fact. This is President-elect Barack Obama’s incoming should actually refuse all contributions only one example of some of the im- administration adopts toward their regions from foreign sources. That would take provements that could be made. or business ventures. care of that particular problem out- In short, I remain concerned that Saudi Arabia alone gave to the foundation right. Senator—soon to be Secretary of $10 million to $25 million, as did government aid agencies in Australia and the Dominican Senator KERRY, as he said in those State—CLINTON’s diplomatic work will Republic. Brunei, Kuwait, Norway, Oman, hearings and reiterated today, pointed be encumbered by the global activities Qatar and Taiwan each gave more than $1 out that Senator LUGAR wasn’t speak- of the Clinton Foundation under these million. So did the ruling family of Abu ing from a partisan perspective, he was circumstances—not their good and Dhabi and the Dubai Foundation, both based speaking for the committee. In other charitable work, which I certainly sup- in the United Arab Emirates, and the words, this is not a partisan matter. port, but the contributions they raise Friends of Saudi Arabia, founded by a Saudi This is a matter of serious concern re- from these various sources that are not prince. garding public policy. It is a matter of transparent, not subject to prompt dis- Also among the largest donors were a busi- record that, as I said, the transition nessman who was close to the onetime mili- closure. Obviously, I think it is impor- tary ruler of Nigeria, a Ukrainian tycoon team, Senator CLINTON, and the foun- tant that the Senate discuss and de- who was son-in-law of that former Soviet re- dation agreed to a memorandum of un- bate this in the context of her nomina- public’s authoritarian president and a Cana- derstanding. Of course, this does not tion, not wait until the inevitable con- dian mining executive who took Mr. Clinton require disclosure of past contributions flict or crisis arises. to Kazakhstan while trying to win lucrative with any sort of real detail, which Mr. President, I also ask unanimous uranium contracts. would be helpful to the observer. It consent to have printed in the RECORD In addition, the foundation accepted siz- does require annual disclosure, and I a New York Times editorial, a Wash- able contributions from several prominent think that was a very positive step in figures from India, like a billionaire steel ington Post editorial, and a Los Ange- magnate and a politician who lobbied Mrs. the right direction. But simply stated, les Times editorial, which identify Clinton this year on behalf of a civilian nu- the fundraising restrictions of disclo- some of these same concerns, at the clear cooperation agreement between India sure statements I don’t think go far conclusion of my remarks. and the United States, a deal that has ran- enough. It is in the Nation’s interest The ACTING PRESIDENT pro tem- kled Pakistan, a key foreign policy focus of for the Clinton Foundation to refuse pore. Without objection, it is so or- the incoming administration. foreign-sourced donations while Sen- dered. Such contributions could provoke sus- ator CLINTON serves as Secretary of (See exhibit 4.) picion at home and abroad among those won- State. Mr. CORNYN. In short, I was encour- dering about any effect on administration If the foundation refuses to do so— aged by my conversation with Senator policy. Matthew Levitt, a senior fellow at the and I realize Senator CLINTON has lim- CLINTON yesterday in the Rotunda fol- Washington Institute for Near East Policy, ited control, if any, over what the lowing the inaugural ceremonies where said donations from ‘‘countries where we foundation does—I think there should she said she would be open to a require- have particularly sensitive issues and rela- be other options available that would ment that really was an across-the- tions’’ would invariably raise concerns about

VerDate Nov 24 2008 01:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.004 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S677 whether Mrs. Clinton had conflicts of inter- donors, the dates they contributed or the power company; Ajit Gulabchand—Indian est. precise amounts of their gifts, instead break- business executive; Vinod Gupta—Indian ‘‘The real question,’’ Mr. Levitt said, ‘‘is to ing down contributors by dollar ranges. Nor business executive; Hanwah Engineering and what extent you can really separate the ac- did the list include pledges for future dona- Construction Corporation—Chinese corpora- tivities and influence of any husband and tions. As a result, it is impossible to know tion; Hanwah L&C Corporation—Chinese cor- wife, and certainly a husband and wife team from the list which donations were made poration; Lalit Suri (deceased)—Indian hotel that is such a powerhouse.’’ while Mr. Clinton was still president or while entrepreneur; US Islamic World Conference; Mr. Clinton’s office said in a statement Mrs. Clinton was running for president. Niklas Zennstrom—Swedish entrepreneur. that the disclosure itself should ensure that Many benefactors are well-known Ameri- $100K to 250K: Aker Kvaerner ASA— there would be ‘‘not even the appearance of cans, like Stephen L. Bing; Alfonso Fanjul; Norweigan corporation; Hamza B. Al Kholi— a conflict of interest.’’ Bill Gates; Tom Golisano, a billionaire who Saudi businessman; Alibaba.com Corpora- Stephanie Cutter, a spokeswoman for Mr. ran for New York governor; Rupert Murdoch; tion—Chinese corporation; Credit Suisse— Obama, said the president-elect had chosen and Barbra Streisand. Bloomberg L.P., the Swiss financial services corporation; India Mrs. Clinton for his cabinet because ‘‘no one financial media empire founded by Mayor Today Group; Karlheinz Koegel—German could better represent the United States.’’ Michael R. Bloomberg of New York, contrib- businessman; Lata Krishnan—Indian entre- ‘‘Past donations to the Clinton founda- uted, as did Freddie Mac, the mortgage com- preneur; National Opera of Paris; The Monte tion,’’ Ms. Cutter said, ‘‘have no connection pany now partly blamed for the housing mar- dei Paschi di Siena—Italian bank; Poju to Senator Clinton’s prospective tenure as ket collapse. Zabludowicz—Finnish businessman. secretary of state.’’ Another potentially sensitive donation Repuclians have addressed the issue cau- came from Blackwater Training Center, part EXHIBIT 3 tiously, suggesting that they would examine of the private security firm hired to protect $1M to $5M: Citi Foundation; Entergy; it but not necessarily hold up Mrs. Clinton’s American diplomats in Iraq. Five of its Sterling Stamos Capital Management, LP; confirmation as a result. Senator Richard G. guards have been indicted for their roles in a The Wal-Mart Foundation. Lugar of Indiana, the top Republican on the 2007 shooting that left 17 Iraqi civilians dead. $500K to $1M: Bank of America Founda- Foreign Relations Committee, which will The potential for appearances of conflict tion; Hewlett Packard Company; ICAP Serv- consider her nomination, was in Russia on was illustrated by Amar Singh, a politician ices North America; Pfizer Inc; Procter & Thursday and unavailable for comment, ac- in India who gave $1 million to $5 million. Gamble; Sanyo North America Corporation; cording to Mr. Lugar’s office. Mr. Singh visited the United States in Sep- The Anheuser-Busch Foundation. But in an interview on Nov. 30 on ‘‘This tember to lobby for a deal allowing India to $250K to $500K: American International Week’’ on ABC, Mr. Lugar said Mr. Clinton’s obtain civilian nuclear technology even Group, Inc. (AIG); Energy Developments and activities would raise legitimate questions, though it never signed the Non-Proliferation Investments Corporation; Google; Microsoft adding, ‘‘I don’t know how, given all of our Treaty. He met with Mrs. Clinton, who he Corporation; Orbitex Management Inc.; The ethics standards now, anyone quite measures said assured him that Democrats would not Coca-Cola Company. up to this who has such cosmic ties.’’ block the deal. Congress approved it weeks $100K to $250K: Charles Schwab & Co.; Still, he indicated that he would vote for later. Citigroup Inc.; FedEx Services; Hyundai Mrs. Clinton and praised Mr. Obama’s team Other donors have connections with India, Motor America; Lehman Brothers Holdings for doing ‘‘a good job in trying to pin down a potential flashpoint because of tensions Inc.; Merrill Lynch & Company Foundation, the most important elements’’ in its agree- with Pakistan. Among them was Lakshmi Inc.; Bay Harbour Management; Visa Inc. ment with Mr. Clinton. Mittal, a steel magnate and, according to $50K to $100K: General Motors Corporation. To avoid potential conflicts, the Obama Forbes magazine, the fourth-richest person team, represented by its transition co-chair- in the world. Mr. Mittal, who donated $1 mil- EXHIBIT 4 woman, Valerie Jarrett, signed a memo- lion to $5 million, was involved in a scandal [From The New York Times, Jan. 11, 2009] randum of understanding on Dec. 12 with the in 2002 in London, where he lives. After Mr. BILL CLINTON’S DONORS William J. Clinton Foundation, represented Mittal made a large donation to the Labor In the likely event that Senator Hillary by its chief executive, Bruce R. Lindsey. The Party, Prime Minister Tony Blair helped Rodham Clinton is confirmed as secretary of five-page memorandum, provided to report- him persuade Romania to sell him its state state, the last thing she will need is a dis- ers on Thursday, required Mr. Clinton to dis- steel company. close his past donors by the end of the year Another donor was Gilbert Chagoury, a tracting ethics controversy. That is why Mrs. Clinton’s confirmation and any future contributors once a year. businessman close to Gen. Sani Abacha of hearing, now scheduled to begin on Tuesday The memorandum also requires that if Nigeria, widely criticized for a brutal and before the Senate Foreign Relations Com- Mrs. Clinton is confirmed, the Clinton Global corrupt rule. mittee, must cover wider terrain than press- Initiative, an offshoot of the foundation, will Mr. Chagoury tried during the 1990s to win ing world issues. It should address the awk- be incorporated separately, will no longer favor for Mr. Abacha from the Clinton ad- ward intersection between Mrs. Clinton’s hold events outside the United States and ministration, contributing $460,000 to a voter new post and the charitable and business ac- will refuse any further contributions from registration group to which Democratic offi- tivities of her husband, former President Bill foreign governments. Other initiatives oper- cials steered him, according to news ac- Clinton. ating under the auspices of the foundation counts. He won meetings with National Se- Last month, Mr. Clinton disclosed the would follow new rules and consult with curity Council officials, including Susan E. names of more than 200,000 donors to his State Department ethics officials in certain Rice, who is now Mr. Obama’s choice to be foundation. It was a positive step toward the circumstances. ambassador to the United Nations. Federal law does not require former presi- transparency that Mr. Obama insisted on be- dents to reveal foundation donors, and Mr. fore selecting Mrs. Clinton. But it also rein- EXHIBIT 2 Clinton had until now declined to do so, ar- forced concerns about potential conflicts of guing that many who gave expected con- CLINTON FOUNDATION—SELECT FOREIGN interest ahead. fidentiality. Other former presidents have SOURCES The roster of donors to Mr. Clinton’s presi- taken money from overseas sources, includ- $10M–25M: Kingdom of Saudi Arabia. dential library and global foundation enter- ing President George Bush, whose son has $5M–10M: Government of Norway. prises include million-dollar-plus contribu- sat in the Oval Office for the last years. The $1M–5M: Sheikh Mohammed H. Al- tions from governments in the Middle East, elder Mr. Bush has accepted millions of dol- Amoudi—Saudi/Ethiopian businessman; Nas- tycoons from India, Nigeria, Ukraine and lars from Saudi, Kuwaiti and other foreign ser Al-Rashid—Saudi businessman; Dubai Canada, and international figures with inter- sources for his own library. Foundation—partnership between Harvard ests in the policies Mrs. Clinton will be help- Mr. Clinton’s foundation has raised $500 Med and Dubai; Friends of Saudi Arabia; ing to write and carry out. million since 1997, growing into a global op- Lakshmi N. Mittal—Indian businessman; The five-page accord signed by representa- eration with 1,100 paid staff members and State of Kuwait; State of Qatar; Taiwan Eco- tives of Mr. Clinton and Mr. Obama could use volunteers in 40 countries. It said it had pro- nomic and Cultural Office; The Government tightening. For example, the wording calls vided medicine to 1.4 million people living of Brunei Darussalam; The Sultanate of for disclosure of ‘‘new contributors’’ to Clin- with H.I.V./AIDS, helped dozens of cities re- Oman; Zayed Family—Zayed bin Sultan Al ton Foundation programs. It does not nec- duce heat-trapping gases and worked to Nahyan was former president of UAE. essarily require disclosing the size of their spread economic opportunity. $500K–1M: Walid A. Juffali—Saudi billion- gifts or the dates they were made. Disclosure Mr. Clinton’s advocates said that the dis- aire; Kjell I. Rokke—Norweigan business- of Mr. Clinton’s charitable fund-raising and closure on Thursday showed he had nothing man; Soros Foundation; The Swedish relevant private fees should be done month- to hide and that most of his largest contribu- Postcode Lottery. ly, or at least quarterly, not just once a tors were already known. $250K–500K: Abbas Al-Yousef; Carlos year. Yet while unprecedented, the disclosure Bremer Gutierrez—CEO of Mexican corpora- The overarching principle should be was also limited. tion; China Overseas Real Estate Develop- prompt disclosure of the amount and source The list posted on the foundation’s Web ment; Gustavo Cisneros & Venevision—Ven- of all payments to any Clinton charity or to site—www.clintonfoundation.org—did not ezuelan businessman and his company; Mr. Clinton personally by any person or enti- provide the nationality or occupation of the Rolando Gonzalez-Bunster—CEO of Int’l ty with a political or economic interest, real

VerDate Nov 24 2008 04:14 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.001 S21JAPT1 jbell on PROD1PC69 with SENATE S678 CONGRESSIONAL RECORD — SENATE January 21, 2009 or perceived, in State Department decisions. Nine months later Ms. Clinton secured $5 potential conflicts from U.S.-based donors Ideally, the White House counsel’s office million in funding for road construction at with international interests, but it’s a start. would be assigned a larger role than envi- the complex. We hasten to point out that Ms. Mr. CORNYN. I see there are other sioned in screening Mr. Clinton’s speaking Clinton was joined by other members of the colleagues here who wish to speak. I and consulting deals before any check is re- New York delegation in urging passage of ceived. both bills, including the state’s senior sen- yield the floor and reserve the remain- Mr. Clinton has agreed to reduce his fund- ator, Charles E. Schumer (D). der of our time. raising and administrative role in the Clin- While Mr. Clinton’s fundraising has been The ACTING PRESIDENT pro tem- ton Global Initiative. The international an appearance of a conflict waiting to hap- pore. The Senator from Massachusetts project will no longer accept contributions pen with his wife a senator, it will only get is recognized. from foreign governments or hold big events worse and more troublesome once Ms. Clin- Mr. KERRY. Mr. President, I yield 5 outside the United States once Mrs. Clinton ton is confirmed as secretary of state. Per minutes to the Senator from Florida is installed. These are prudent moves. The the agreement with Mr. Obama, a list of who and then, after that, if I may yield to committee must decide if they are sufficient, is bankrolling the foundation will be re- the Senator from Arizona and the Sen- given Mr. Clinton’s continuing ties. leased once a year. Only new donations from During her confirmation hearing, Mrs. foreign governments will be examined by ator from Maine for comments. Clinton must make it emphatically clear government ethics officials. And there is no The ACTING PRESIDENT pro tem- that past and future supporters of her hus- prior review of donations from foreign com- pore. Without objection, it is so or- band or his work will not get favored treat- panies or individuals or those in the United dered. ment by the State Department. Avoiding the States with interests overseas. Mr. Clinton’s Mr. KERRY. I thank the Chair. appearance of favoritism will be as impor- continued globetrotting while collecting The ACTING PRESIDENT pro tem- tant as the fact. checks along the way could embarrass the pore. The Senator from Florida is rec- We believe that Mrs. Clinton has the po- administration on multiple, sensitive and ognized. tential to be a superb secretary of state. We dangerous fronts. also value Mr. Clinton’s work since leaving Mr. NELSON of Florida. Mr. Presi- the White House to help advance the fight [From the Los Angeles Times, Jan. 14, 2009] dent, there is an example of another one of our Senators in this body who is against AIDS, malaria, malnutrition and THE CLINTON CONNECTIONS—THE FORMER other global ills. He has agreed to greater PRESIDENT SHOULD KEEP HIS FOUNDATION now assuming a very high and impor- transparency and more restrictions than any AT ARM’S LENGTH WHILE HIS WIFE HOLDS A tant position in the Government. The former president, going beyond what law re- CABINET POST. President and the Vice President have quires. That does not alter the committee’s Hillary Rodham Clinton, whose confirma- sprung forth from this Chamber. How duty to scour the plans for workability and tion as secretary of State is a foregone con- honored we are, it having just been an- loopholes. clusion after a three-hour love-fest of a hear- Everyone should recognize that there is no nounced that Senator SALAZAR has re- ing before the Senate Foreign Relations perfect solution for Mrs. Clinton’s particular signed since he has been confirmed as Committee on Tuesday, will probably do a spousal dilemma. And, realistically, no set of Secretary of the Interior. fine job in the post—as long as her husband rules, however well-meaning or tightly draft- The issue before us is Senator CLIN- can keep his wallet zipped. ed, can substitute for the exercise of sound Former President Clinton’s charitable TON. The Senator from Texas has laid judgment and proper restraint. But they can foundation has the potential to haunt both out his concerns and has said he finds help. his wife and the Obama administration, and the arrangement unusual. I appreciate not just because it has a history of accepting his remarks. He has noted the good [From the Washington Post, Jan. 9, 2009] donations from tyrants and corrupt business- works of the Clinton Foundation. This QUID PRO CLINTON?—POTENTIAL CONFLICTS OF men. Foreign governments, including Saudi Senator would think this arrangement INTEREST COULD HAUNT PRESIDENT-ELECT Arabia, Australia, the Dominican Republic is unusually good—for reasons. What OBAMA and Kuwait, have given millions to the Clin- has the Clinton Foundation done? It is In a letter to the editor Tuesday, Bruce ton Foundation, which might complicate Lindsey, chairman and chief executive of the Hillary Clinton’s dealings with those coun- not as if the spouse of a high-level new William J. Clinton Foundation, took us to tries—and could lead to a perception, justi- Secretary of State is in a foundation or task for an editorial last month suggesting fied or not, that one way to influence U.S. a corporation of some nefarious kind of that former president Bill Clinton suspend policy is to slip a few bucks to the secretary activity. Indeed, this is the kind of ac- fundraising for his foundation upon the con- of States husband’s charity. Given the im- tivity, as noted by the Senator from firmation and during the tenure of his wife, portance of perception in international rela- Texas, that is extraordinarily good. Sen. Hillary Rodham Clinton (D–NY)), as tions, that’s no small concern. For example, the Clinton Foundation secretary of state. Mr. Lindsey called our Bill Clinton has a troubling history of has helped millions of people around suggestion ‘‘shortsighted and dangerous.’’ doing favors for his political donors, and al- But not to see the appearance of a conflict of though his charity’s work is beyond re- the world. Mr. President, 1.4 million interest is shortsighted and potentially dan- proach—it has contributed millions to fight- people living with HIV/AIDS now have gerous for one person who has enough to ing AIDS and climate change around the access to lifesaving drugs. Because of worry about: President-elect Barack Obama. world—the foundation’s connection to enter- this foundation’s efforts and the former The good works of Mr. Clinton or his foun- prises that personally enrich both Clintons is President’s efforts to lower the cost of dation are not in question. His work to less- murky. Many of its donors also have paid those antiretroviral drugs, 71 countries en or eliminate the suffering brought about hundreds of thousands of dollars in speaking have access to these lifesaving medi- by HIV/AIDS and to address the challenges fees to the former president. Then there are cines, which represents more than 92 presented by climate change is impressive. highly questionable donations, such as the So is his ability to raise vast sums for his $500,000 he was paid by a Japanese American percent of the people living on this foundation to tackle these issues. The money business for a speech he never gave, and that planet with HIV. comes from sources in the United States and he later donated to the foundation, as re- I will give another example: 425,000 abroad. What has always been worrisome is ported in Tuesday’s Times by Andrew Zajac. Rwandans are served by four health fa- that such prodigious fundraising could set up The Obama administration struck a deal cilities that have been strengthened by the potential of someone looking to curry with the foundation aimed at improving the Clinton Foundation. favor with Ms. Clinton by making a sizable transparency and avoiding conflicts, but it Because of these efforts, they have donation to Mr. Clinton’s organization. Even doesn’t go far enough. Though the names of increased countries’ human resource the appearance of a conflict could call into future donors will be released, it will be on capacity to deliver care and treatment question the motives of both Clintons and an annual basis, and foreign govemments the donor. will be subject to review by federal ethics of- to their people, and it has helped pre- A prime example emerged this week as a ficers only if they’re new donors. vent the transmission of disease from result of Mr. Clinton disclosing his contribu- The best way out of this mess would be for mothers to their children. tors as part of an agreement with Mr. Obama Bill Clinton to divorce himself from all of his Take for example the Clinton Cli- that smoothed Ms. Clinton’s nomination. foundation’s fundraising activities for as mate Initiative. It is working with 40 The New York Times reported Sunday that long as Hillary Clinton is secretary of State; of the world’s largest cities, both in the upstate New York developer Robert J. he can consider it partial atonement to his United States and around the globe, to Congel gave $100,000 to Mr. Clinton’s founda- long-suffering wife. If he won’t, the founda- reduce greenhouse gas emissions and tion in November 2004, one month after en- tion should at least reveal its donors in real actment of a law, first supported by Ms. time, as the contributions are received, and combat global warming—something in Clinton in 2000, that gave Mr. Congel access should follow a suggestion made Tuesday by which the next speaker, the Senator to tax-exempt ‘‘green bonds’’ to build the Sen. Richard G. Lugar (R–Ind.) and forswear from Arizona, has been so intimately Destiny USA shopping complex in Syracuse. new foreign contributions. That won’t end involved. These Clinton programs are

VerDate Nov 24 2008 01:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.004 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S679 fostering sustainable development in tion were made during her confirma- eign donations carry risks for U.S. for- Africa and Latin America. tion hearing. In my judgment, only eign policy. As Americans, we can clearly ap- Senator CLINTON and President Clin- At the hearing, I recommended that plaud the efforts of the former Presi- ton, themselves, have the ability to the only certain way to eliminate this dent and his exceptional humanitarian avoid these problems. At the hearing, I risk would be for the Clinton Founda- work he has accomplished over the strongly urged Senator CLINTON to en- tion to forswear new foreign contribu- years that he has been a private citizen sure that no conflict of interest prob- tions and rely on its large base of U.S. and that he has worked on through the lems arise. She stated that she would donors during Senator CLINTON’s time Clinton Foundation. do so, and I am confident that she un- as Secretary of State. We were reminded yesterday, with derstands the importance of this com- Alternatively, I suggested that the the inaugural celebration and the inau- mitment. Clinton Foundation could enhance pub- gural activities, of the importance of Nevertheless, I recognize that some lic confidence and minimize risks of getting the national security team in colleagues who do not serve on the For- conflict of interest with a few addi- place and getting it in place fast. The eign Relations Committee shared simi- tional transparency commitments, President laid out the imminent crises lar concerns about the potential for none of which would threaten the oper- he is having to face. We need a Sec- conflicts of interest. They wanted an ations of the Clinton Foundation. In- conveniences for the foundation or a retary of State in place. Senator CLIN- opportunity to discuss these concerns, reduction in some types of donations TON’s integrity and her record of serv- and the Senate gives them that right. that have been accepted in the past are ice are clear. We should not delay any The Foreign Relations Committee and small prices to pay when balanced longer, and we ought to confirm her the Senate have oversight responsi- against the serious business of U.S. for- quickly to be our next Secretary of bility over anything that might add or detract from U.S. foreign policy. The eign policy that affects the security of State. every American. If there is the slight- Obama Transition and Senator CLINTON I yield the floor. est doubt about the appearance that a The ACTING PRESIDENT pro tem- implicitly recognized this Senate re- sponsibility when they forwarded their donation might create, the foundation pore. The Senator from Massachusetts. should not take it. If there are issues memorandum of understanding ad- Mr. KERRY. Mr. President, before I about how a donation should be dis- dressing Clinton Foundation activities yield to the Senator from Arizona, Mr. closed, the issues should be resolved by to the Foreign Relations Committee LUGAR, who would normally be here as disclosing the donation sooner and the ranking member, the distinguished for its review. I understand that the Clinton’s are with as much specificity as possible. ranking member, who is one of our In particular, I suggested three addi- proud of the Clinton Foundation, and I most respected voices on foreign pol- tional commitments that the Clinton applaud the work it has done. I also un- icy, is not feeling well, so he is not Foundation could make in the interest derstand that the foundation is devoted here right now. But he has asked me to of transparency. First, all donations of to many ongoing projects and bene- personally make sure his comments are $50,000 or more in a given year from ficiaries. President Clinton has given a printed in the RECORD in full. I wish to any source should be disclosed imme- share just 30 seconds here. He says: great deal of time and energy to this diately upon receipt, rather than wait- In my judgment she is an extremely well enterprise, and he and other leaders of ing up to 12 months to list them in the qualified nominee who is deserving of con- the foundation are reluctant to accept annual disclosure. Second, pledges firmation. Her presence at the helm of the changes or restrictions that they per- from foreign entities to donate more State Department could open unique oppor- ceive as potentially inhibiting its mo- than $50,000 in the future should be dis- tunities for U.S. diplomacy and could bolster mentum. closed both at the time the pledge is efforts to improve foreign attitudes toward But this understandable concern for made and when the donation eventu- the United States. the work of the foundation does not ally occurs. Third, gifts of $50,000 or He goes on to talk about her rela- trump the vital business of U.S. foreign more from any foreign source, includ- tionship with world leaders at the time policy that will be directed by Senator ing individuals, should be submitted to and her understanding of U.S. foreign CLINTON. The work of the Clinton the State Department ethics official policy. Foundation is a unique complication for the same ethics review that will be ∑ Mr. LUGAR. Mr. President, I wish to for Senator CLINTON’s service that will applied to donations from foreign gov- comment on the nomination of Senator have to be managed with great care ernments. This is especially important HILLARY CLINTON to be Secretary of and transparency. because the lines between foreign gov- The point I attempted to make dur- State. In my judgment she is an ex- ernments and foreign individuals are tremely well qualified nominee who is ing the hearing and in other commu- often blurred. For example, conflicts of deserving of confirmation. Her pres- nications leading up to the hearing was interest could arise from a donation ence at the helm of the State Depart- that the Clinton Foundation exists as a from a Gazprom executive or a member ment could open unique opportunities temptation for any foreign entity or of the Saudi Royal family as easily as for U.S. diplomacy and could bolster ef- government that believes it could from the governments of Russia and forts to improve foreign attitudes to- curry favor through a donation. As Saudi Arabia. ward the United States. She has long- such, it sets up potential perception Since the inception of the Clinton standing relationships with many problems with any action taken by the Foundation in 1997, 499 donors have world leaders that could be put to Secretary of State in relation to for- given $50,000 or more, an average of less great use in the service of our country. eign givers or their countries. There than one per week. So the administra- Her time in the Senate has given her a need be no wrongdoing on the part of tive burden of these additional trans- deep understanding of how U.S. foreign anyone to generate controversy or parency commitments would be mini- policy can be enriched by establishing misperceptions. Every new foreign do- mal. But adopting them would yield a closer relationship between the exec- nation that is accepted by the founda- substantial transparency benefits with utive and legislative branches. She is tion comes with the risk that it will be regard to the donations that are most fully prepared to engage the world on a connected in the global media to a likely to raise issues. myriad of issues that urgently require proximate State Department policy or In answers to questions for the attention. decision. Foreign perceptions are in- record, Senator CLINTON offered no rea- Given Senator CLINTON’s remarkable credibly important to U.S. foreign pol- sons why these additional disclosure qualifications, President Obama’s icy, and mistaken impressions or sus- items would not be beneficial. Instead, strong confidence in her, and pressing picions can deeply affect the actions of answers stated that the MOU went be- global issues, which I do not need to foreign governments toward the United yond what other spouses of cabinet of- enumerate, I favored having our friend States. Moreover, we do not want our ficials have done to limit their Founda- confirmed yesterday by unanimous own Government’s deliberations dis- tions and that there is no law or ethics consent. Relevant points of concern tracted by avoidable controversies regulations requiring further steps. about conflicts of interest arising from played out in the media. The bottom These statements are true, but beside the fundraising of the Clinton Founda- line is that even well intentioned for- the point.

VerDate Nov 24 2008 01:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.009 S21JAPT1 jbell on PROD1PC69 with SENATE S680 CONGRESSIONAL RECORD — SENATE January 21, 2009 First, the issues surrounding the the United States from conflict of in- lodge that objection because I am per- fundraising of the Clinton Foundation terest appearances far outweighs the sonally very uncomfortable doing so. and its impact on Senator CLINTON’s relatively minimal impact additional Mr. MCCAIN. Let me say to my col- service as Secretary of State are not transparency measures might have on league, I just had a conversation with primarily legal. The imperative here is the operations of the Clinton Founda- Senator CORNYN. He does not object to protecting U.S. foreign policy, not sat- tion.∑ that. isfying a legal or ethical requirement. The ACTING PRESIDENT pro tem- Mr. KERRY. I was going to ask for If a transparency measure would help pore. The senior Senator from Arizona the same thing at the end of the com- guard against donations that could is recognized. ments, but I wanted to first see if he jeopardize Senator CLINTON’s participa- Mr. MCCAIN. Mr. President, I thank was prepared to clear it. Mr. President, tion in some matters, prejudice foreign my colleague, the distinguished chair- could I ask if the Senator will withhold opinion against U.S. policies, or gen- man of the Foreign Relations Com- his unanimous consent request for a erate public controversies, it should be mittee. I will speak briefly. I know the moment and if the Senator from Maine embraced. Each proposal should be Senator from Maine would like to say could be permitted to speak? We will judged on its own merits, rather than a few words. see if we can jump through this hoop. rejecting suggestions on the basis that I really believe we should move for- Mr. MCCAIN. I yield the floor. enough has been done. Is it, or is it not ward with the nomination of our The ACTING PRESIDENT pro tem- a good idea to subject all foreign dona- former colleague—I guess our still pore. The Senator from Maine is recog- nized. tions greater than $50,000 to the State present colleague—Senator HILLARY Ms. COLLINS. Mr. President, I rise Department ethics review process, for CLINTON, to take up the urgent and im- today in strong support of the con- example. portant duties she holds, which are to firmation of Senator HILLARY CLINTON Second, following precedents estab- meet some very serious challenges. We to be our next Secretary of State. Last lished by other foundations is should not delay. I do not have to re- Thursday, the Senate Foreign Rela- unsatisfying given that this case far mind you, Mr. President, or anyone tions Committee overwhelmingly ap- exceeds previous cases in magnitude else in this body that we are in two proved Senator CLINTON to become our and risk. Senator CLINTON will be the wars. There is a very fragile cease-fire Secretary of State—the top foreign pol- Nation’s top diplomat. I rise today to in the Gaza now between the Israelis echo the committee’s approval and to icy official of the United States after and Hamas. The situation in North the President. President Clinton is one urge my colleagues to vote in favor of Korea seems to have deteriorated again her confirmation. of the most recognizable personages with the paradoxical and unpredictable Senator CLINTON’s many years of and prolific fundraisers in the world. behavior of the North Korean dictator public service make her an outstanding As an ex-President, he is regarded as and Government. I think we need to nominee for Secretary of State. In her having personal influence with mem- immediately, or as soon as possible confirmation hearing, the ranking bers of our Government and other gov- this morning, by voice vote, move for- member of the Senate Foreign Rela- ernments. Moreover, we have already ward with the nomination and con- tions Committee, Senator LUGAR, seen in the December disclosure of past firmation of the Senator from New spoke of Senator CLINTON as ‘‘the epit- donors that the Clinton Foundation York to be the next Secretary of State. ome of a big leaguer,’’ who has remark- has received tens of millions of dollars I remind all my colleagues, we had an able qualifications for the post of Sec- from foreign governments, govern- election and we also had a remarkable retary of State. The committee chair- ment-controlled entities, foreign busi- and historic time yesterday as this Na- man, Senator KERRY, shared his faith nesses and others who may have inter- tion has come together in a way it has in her qualifications and abilities, hav- ests affected by State Department pol- not for some time. I, like all good poli- ing seen her ‘‘diplomatic acumen up icy. Other cases lack this extraor- ticians, pay attention to the Presi- close.’’ He also said that Senator CLIN- dinary confluence of a Secretary of dent’s approval ratings. They are very TON did an outstanding job in her testi- State with responsibility for foreign high. But more important, I think the mony before the committee, as those of policy, a globally recognized ex-Presi- message the American people are send- us who observed the hearings can af- dent spouse who has raised money in ing us now is they want us to work to- firm. every corner of the world, and a foun- gether and get to work. I think we Senator CLINTON is the ‘‘first’’ First dation that has implemented an ag- ought to let Senator CLINTON—who is Lady of the United States elected to gressive foreign fundraising strategy. obviously qualified and obviously will public office. As First Lady, she trav- Furthermore, we should be clear that serve—get to work immediately. eled the world for 8 years, visiting the MOU is a negotiated, political I ask unanimous consent that at the more than 80 countries. In doing so, she agreement that involved both the completion of the remarks any of my took an active role in helping to carry Obama Transition and the Clinton colleagues might have, we vitiate the out our Nation’s foreign policy and was Foundation exerting leverage and mak- vote at 4:30 and proceed by voice vote an advocate for our Nation. She not ing compromises. There is nothing to a confirmation of Senator HILLARY only met with foreign leaders at the wrong with this. But we should not CLINTON to be the next Secretary of highest levels of government, but she confuse it with a document produced State for the United States of America. made it a hallmark of her trips to visit by ethics experts seeking to construct The ACTING PRESIDENT pro tem- villages, clinics, and other remote the most effective arrangement for pore. Is there objection? areas, learning firsthand the impor- avoiding conflicts of interest. These Mr. KERRY. Mr. President, reserving tance of a foreign policy founded at the negotiations produced a useful, good- the right to object, I am in a very most basic levels of humanity. faith agreement, but not one beyond strange position here of wanting to During my service in the Senate, I improvement. It represents a begin- protect the prerogatives of the minor- have had the opportunity to work very ning, not an end. Its success will re- ity, which is an important part of how closely with Senator CLINTON on a quire that all parties make the integ- we work here but at the same time number of issues, particularly since we rity of U.S. foreign policy their first completely supporting the Senator both serve as fellow members of the principle of implementation. from Arizona. Armed Services Committee. We have I am hopeful that Senator CLINTON I will balance this out for a moment. worked together tirelessly to improve and the Clinton Foundation will take Mr. MCCAIN. Will the Senator yield? the detection, assessment, and treat- time to reexamine their position on While the unanimous consent request ment of traumatic brain injury among these items. If they do, I believe they is being considered, perhaps my other wounded servicemembers. will see that they could reap substan- colleagues could speak? We also cochaired the Alzheimer’s tial transparency and public confidence Mr. KERRY. If we could ask for for- Task Force and have worked together benefits by going beyond what the bearance for the unanimous consent, to increase funding for research into MOU requires them to do. More impor- perhaps it would be more appropriate if this devastating disease. tantly, all involved should recognize Senator CORNYN or someone from the Senator CLINTON and I have had the that protecting the foreign policy of other side of the aisle were willing to opportunity to travel with Senator

VerDate Nov 24 2008 01:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.010 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S681 MCCAIN to Iraq and Afghanistan. I wit- I think the Senator’s cloakroom has fidence in the committee to make sure nessed her world knowledge and au- those names and, obviously, to protect that any potential conflict of interests thoritative approach to foreign policy. their right to be able to speak, we need are fairly dealt with. I have seen her tireless work ethic and to check with them. But that is the With that, I hope this afternoon we intelligence up close, as well as her only thing standing between our abil- can do it by voice vote. But let’s get it ability to engage with colleagues ity to confirm the nomination before done. This country needs a Secretary across the aisle to get the job done and the recess. of State right now, this minute, engag- to meet the needs of the American peo- Mr. MCCAIN. I will follow up with an- ing the world because we have young ple. other question for my colleague; that men and women throughout the world I will always remember one meeting is, if we are unable to do it in the next in harm’s way, and they need an advo- in particular that we had together in few minutes, perhaps we could, for cate on the world stage. Afghanistan. Senator CLINTON and I sure, during the lunch break, be ready There is no better advocate I can broke off from the group to go meet to go at the conclusion of the lunch think of than Senator HILLARY CLIN- with a group of Afghan women from all break. TON. She can do an outstanding job. I walks of life. I was so impressed with Mr. KERRY. I think that would be appreciate the chairman allowing me Senator CLINTON’s engagement with terrific. Again, if all three Senators to speak on her behalf, and I enthu- these women, with her genuine interest would raise this issue at the caucus, at siastically will support her. and the details of their lives, whether their caucus luncheon, we ought to be f it was their access to health care or able to come back and expedite the COMMUNICATION FROM SENATOR the education for their children. She confirmation. We are prepared to vote KEN SALAZAR was very engaged in the conversations now. We were prepared to vote yester- despite the fact that we had traveled day. I might add, Senator LUGAR was The ACTING PRESIDENT pro tem- all night and were extremely tired. encouraging our moving by unanimous pore. The Chair lays before the Senate Her caring, her compassion came consent yesterday. So we are a day the following communication, which across in her conversations with these overdue, and we are ready to proceed. the clerk will report. women. I know these qualities—her With that, I would yield such time as The assistant legislative clerk read caring, her compassion, her commit- the Senator from South Carolina might as follows: ment, her extraordinary preparation consume. U.S. SENATE, and intelligence—will serve her well The ACTING PRESIDENT pro tem- Washington, DC, January 20, 2009. and will serve our country well as Sec- pore. Without objection, the request is Hon. JOE BIDEN, retary of State. agreed to. Vice President of the United States, President of Today our Nation faces many press- The Senator from South Carolina is the Senate, U.S. Capitol, Washington, DC. DEAR VICE PRESIDENT BIDEN: I hereby re- ing challenges abroad. The challenges recognized. are many, not only in Afghanistan and sign as United States Senator for the State Mr. GRAHAM. Mr. President, I thank of Colorado immediately, in order to under- Iraq but security in the Middle East the committee chairman. I want to rec- and the safety of the people of Israel, take the responsibilities of United States ognize the work the committee did. I Secretary of the Interior. Enclosed is a letter and the dangerous situation in Paki- thought the hearings were very impor- to the Governor of Colorado concerning the stan. I am encouraged by Senator CLIN- tant for the country. They were well same. TON’s commitment to a foreign policy done. They were timely held. Any con- Sincerely, and a national security strategy that is cerns about conflicts of interest, there KEN SALAZAR, built on bipartisan consensus and exe- will be a process in the future, if that U.S. Senator. cuted with nonpartisan commitment happens to be a concern, to go through f and confidence. She has promised a for- the committee. I have a lot of con- RECESS eign policy based on principles and fidence in the committee to provide pragmatism, not rigid ideology; facts The ACTING PRESIDENT pro tem- oversight. pore. Under the previous order, the and evidence, not emotion or prejudice. But having said that, I have a lot of I urge my colleagues to join me in Senate stands in recess until 2:15 p.m. confidence in Senator CLINTON to be a voting in favor of her confirmation, Thereupon, the Senate, at 12:52 p.m., good Secretary of State. We have a new and I echo the suggestion of Senator recessed until 2:15 p.m. and reassem- President. We had a tough campaign. MCCAIN that we get on with this as she bled when called to order by the Pre- The campaign is over, but the wars are is an extraordinary nominee and de- siding Officer (Mr. CARDIN.) not. The challenges facing the country serves our support. f The ACTING PRESIDENT pro tem- are enormous, domestically and inter- EXECUTIVE SESSION pore. The Senator from Massachusetts. nationally. Mr. KERRY. Mr. President, I thank I think this new President deserves to have his team in place. I could not the Senator from Arizona and the Sen- NOMINATION OF HILLARY ator from Maine for their important think of a better choice for Secretary of State, and he has many to choose RODHAM CLINTON TO BE SEC- comments, with which I agree. I under- RETARY OF STATE—Continued stand the Senate is under a prior order from. So he has made his choice; the to actually recess. committee has acted. I do hope the The PRESIDING OFFICER. The Sen- I ask unanimous consent that we Senate can act expeditiously after ator from Massachusetts. allow one more speaker, the Senator lunch. Everyone deserves to have their Mr. KERRY. May I ask how much from South Carolina, at which time the say. I respect the chairman preserving time remains with respect to the Clin- Senate would recess for the caucus the ability of Senators to have their ton nomination? lunches and return, I believe, at 2:15. say. The PRESIDING OFFICER. There is Mr. MCCAIN. Mr. President, would I intend to vote for Senator CLINTON. 57 minutes on the majority and 76 min- the Senator yield for a question? I have had the pleasure of serving with utes on the Republican side. Mr. KERRY. I would be happy to her, traveling throughout the world. I Mr. KERRY. It is my understanding yield for a question. know she understands the world; peo- the Senator from South Carolina wish- Mr. MCCAIN. Do you think it is pos- ple understand her. There is no place in es to speak. sible, if we can get it cleared, to per- the world that she cannot go that peo- We have had some discussion with a haps have this unanimous consent vote ple do not have, I think, a very favor- few of our colleagues on the other side before breaking for lunch? able impression of her. She will help of the aisle. I understand there are two Mr. KERRY. I think it is possible if execute a foreign policy that is going or three folks who want to speak, at the Senator can persuade three mem- to be difficult. I want it to be bipar- which point I am prepared to move for- bers of his caucus that they do not tisan where it can. ward immediately to a vote on this need to speak on this issue. If that can If we can get this done today, it will nomination. That is our current plan, happen in the next 5 minutes, I believe be good for the country. She will do an unless somebody else had a reason they it is possible for us to move forward. outstanding job. I have a lot of con- wanted to speak.

VerDate Nov 24 2008 04:14 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.012 S21JAPT1 jbell on PROD1PC69 with SENATE S682 CONGRESSIONAL RECORD — SENATE January 21, 2009 The PRESIDING OFFICER. The Sen- ously will not happen before the vote Mr. KERRY. Mr. President, I thank ator from South Carolina is recognized. today. the Senator for his comments and for Mr. DEMINT. Mr. President, the Sen- One matter I had hoped would be re- the concerns he has expressed which I ator is correct. I believe there are a few solved before the vote today is the think I have addressed earlier in my Republicans who wish to make com- Clinton Foundation and its initiatives. opening comments and which Senator ments, and I believe everyone is agree- I urged Senator CLINTON at the hear- LUGAR also has addressed. able to move directly to the vote. ing, as others did, to do whatever she It is my understanding that there Senator CLINTON is uniquely and could to eliminate any doubt about the was one other Senator who wished to highly qualified for the job of Sec- foundation’s fundraising and a poten- speak. retary of State. She has been very open tial conflict of interest with foreign na- I suggest the absence of a quorum, and forthright in her answers to ques- tions. I believe this problem can be with the understanding, as before, that tions at the committee hearings and to very easily fixed, if the foundation time will be charged against both sides my questions asked in private con- agrees to refuse all foreign donations equally. versations and in the dozens of ques- and fully discloses all contributions on The PRESIDING OFFICER. Without tions I submitted to her for written re- line immediately, as long as Senator objection, it is so ordered. sponse. I believe she honestly wants CLINTON is Secretary of State. To date, The clerk will call the roll. what is best for the Nation. I will do Senator CLINTON has not agreed. The assistant legislative clerk pro- my best to support her in that endeav- Let’s be clear. Senator CLINTON does ceeded to call the roll. or. not have to provide this disclosure to Mr. KERRY. I ask unanimous con- As a member of the Senate Foreign be confirmed. She already has the sent that the order for the quorum call Relations Committee, I voted to send votes. As far as I know, the law does be rescinded. her nomination to the full Senate be- not require this disclosure. In fairness, The PRESIDING OFFICER. Without cause I believe she has earned the right the foundation plans to provide disclo- objection, it is so ordered. to an up-or-down vote. Senator CLIN- sure far beyond what is required le- Mr. KERRY. Mr. President, Senator TON will be confirmed today. There is gally, but we are in new waters today, VITTER wanted to speak. I know he was not much doubt about that. She will be the first time the spouse of a former scheduled for later, but it would be sworn in and, when she is, she will have President is stepping into such an im- great if he was able to get down here. my prayers for her success. At the portant role. In a world where bribes, We have no other Members on our side committee level, I said she not only kickbacks, and pay-to-play are too who want to speak, so we could proceed had the potential to be a good Sec- often the normal way of doing busi- to an immediate vote and hopefully do retary of State but a great Secretary of ness, the United States must stand it by consent which would expedite State. But her success will be deter- apart. As President Obama said yester- matters here and make it simpler for mined by more than just her consider- day, those of us who manage the colleagues. I hope our colleagues on the able intellect and experience. It will public’s dollar will be held to account. other side of the aisle will cooperate also be determined by the policies she We must do our business in the light of with us. pursues. This is one area that concerns day, because only then can we restore In the meantime, I yield such time as me. the vital trust between a people and the Senator from New York may con- Based on her testimony, her answers their government. That is why I be- sume. to questions and her public statements, lieve additional steps should be taken The PRESIDING OFFICER. The Sen- I believe she will take our foreign pol- to eliminate this potential conflict. ator from New York is recognized. icy in a direction that erodes our na- This will help Senator CLINTON be a Mr. SCHUMER. Mr. President, I tional independence and surrenders Secretary of State who is above re- thank Senator KERRY for his leadership sovereignty to international powers. I proach. It is essential that our Sec- on this issue. We look forward to con- am deeply concerned that she will take retary be seen as treating nations fair- tinued leadership on many different aim at decades-old policies intended to ly, and I have every belief that Senator issues from Senator KERRY. protect the sanctity of life. These poli- CLINTON can be a fair Secretary of I rise in favor of HILLARY CLINTON’s cies ensure that our foreign assistance State. But it is not enough that we nomination to be Secretary of State. It dollars do not fund abortion and are treat other nations fairly. They must has been said: HILLARY CLINTON is the not used to lobby foreign nations to re- know that they are being treated fair- ideal candidate, particularly during peal laws that protect unborn children. ly. If there is suspicion that certain na- these troubled times, for Secretary of The United States is certainly an eco- tions or international players are gain- State. I thank my colleagues on both nomic, political, and military super- ing advantage by virtue of contribu- sides of the aisle for the cooperation we power. But we have also strived to be tions to the Clinton Foundation or its are getting so that we can move this more, to be a moral superpower. Our initiatives, that will compromise our resolution quickly. These are difficult unwavering adherence to principles of new Secretary’s effectiveness. This is times. Yesterday our country entered a freedom and human dignity are what why I believe only full and immediate new era in its relationship with the truly set us apart. These pro-life regu- public disclosure and refusal of all for- rest of the world. President Obama laid lations contribute to that moral lead- eign donations is the only solution. out a daunting task to return the ership. The memorandum of understanding United States to its historic role as a Some will argue that we should ex- signed by the foundation leaves a lot of moral leader of the international com- pect these policies from Senator CLIN- discretion to Senator CLINTON. During munity and HILLARY CLINTON is exactly TON, given that President Obama has her confirmation hearings, Senator the right person for the job. She has very strong views supporting unre- LUGAR presented a request for more ac- studied the issues of foreign policy over stricted abortion. I understand that. ceptable disclosures, and Senator the years. She has outstanding rela- To some degree, I believe he should be KERRY, as chairman, supported these tionships with the leaders of the world. allowed to surround himself with indi- recommendations. Unfortunately, Sen- She also has that internal gyroscope viduals who share his views, even when ator CLINTON has not agreed to follow that will lead her to balance the very they are misguided. Within reason, I even these modest recommendations. legitimate security needs of the United may even support a nominee who has For these reasons, I will be voting States along with the need to be a certain views I disagree with. I do not against the nomination today. But I moral leader. That is not easy to do. plan to slow up this nomination, but I will do so with nothing but sincere But HILLARY CLINTON has shown her find it difficult to support a nominee hope and goodwill toward our new Sec- ability to synthesize different parts of who I know will pursue policies so con- retary of State and prayer for her suc- a difficult problem in a way that pro- trary to American sovereignty and the cess, as she takes the helm of the State duces real results. dignity of the human person. I will Department. The country and the world need a continue to try to persuade Secretary I yield the floor. new U.S. foreign policy, one cham- of State CLINTON and President Obama The PRESIDING OFFICER. The Sen- pioned by a strong and consultative to modify their positions. That obvi- ator from Massachusetts. leader. HILLARY CLINTON is exactly the

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And through all of this time, Children’s Defense Fund, to her com- the gulf coast region, which was dev- she has demonstrated a steadiness of mitment while in the White House to astated by not two storms but actually character, a soundness of judgment and improving women’s rights at home and four counting Ike and Gustav; and not strength that will make her an excep- abroad, to her indefatigable efforts in just for Louisiana and Mississippi but tional leader. the Senate to fight poverty and disease for the State of Texas, where JOHN We can’t wait too long. I would have in the developing world, HILLARY has CORNYN hails from, which has been par- hoped that we could have unanimously dedicated her career to improving the ticularly helped by the efforts not just supported this nomination and moved lives of the country’s and the world’s of the Clinton Foundation but the Clin- it yesterday. But colleagues have the least fortunate people. ton-Bush foundation or the Bush-Clin- right to delay only for a short period of I cannot think of anyone who, as Sec- ton foundation that raised $130 million time. I am glad that delay is about to retary of State, could do as much as for tremendously helpful causes. end. As a country, as a world, we need good for the people of the world, or as Just a few notes: Mr. President, $30 HILLARY RODHAM CLINTON as Secretary much to restore the world’s faith in million was awarded to 38 higher edu- of State, given her intelligence, her our leadership. cation institutions to keep those doors strength, her compass, and her ability Senator CLINTON has important work open, when homes were destroyed, jobs to get things done. waiting for her in Foggy Bottom, and were lost, and families were scattered I urge my colleagues to move quick- the country and the world cannot af- to States all over America; $40 million ly. I don’t want to delay this further. I ford to wait for her leadership any went to nonprofit groups working on remind them of her vast international longer. reconstruction efforts; $25 million was experience, negotiating aid packages in I am sad to see HILLARY leave the awarded to rebuild over 1,000 houses; Asia, pushing democratic reforms in Senate, but I am confident that she and $35 million was given to general the Soviet Bloc, promoting peace plans will be a brilliant Secretary of State. nonprofits. I yield the floor and suggest the ab- in Northern Ireland and Serbia. But As of January 16, 2009, another one of sence of a quorum. ILLARY LINTON President Clinton’s funds—the Bush- H C will combine a fresh The PRESIDING OFFICER. The Clinton Gulf Coast Fund—has raised look at our foreign policy with lots of clerk will call the roll. experience and the know-how to get it The assistant legislative clerk pro- over $2 million for additional help to done. ceeded to call the roll. towns and neighborhoods. I can tell my colleagues from serving Mr. KERRY. Mr. President, I ask In the aftermath of Hurricane Ike— with HILLARY for 8 years as Senator— unanimous consent that the order for the fourth of the storms that have and I will regret that our partnership the quorum call be rescinded. struck our coast in these 3 years—the as Senator is ending—there is no one The PRESIDING OFFICER. Without Clinton Climate Initiative helped to better to do this job. We should move objection, it is so ordered. catalyze a cooperative effort between the nomination quickly. We should Mr. KERRY. Mr. President, I yield 3 the public and private sector to trans- then all get behind Senator CLINTON minutes to the Senator from Lou- port 4.5 million gross cubic yards of and President Obama, and there will be isiana. green waste to 9 sites in order for it to a great foreign policy team. The PRESIDING OFFICER. The Sen- be composted as opposed to dumped In all of her many roles as a public ator from Louisiana. into landfills. servant, HILLARY has always shown the Ms. LANDRIEU. Thank you, Mr. The Clinton Foundation, via the insight to see to the heart of a prob- President. Clinton Global Initiative, has received lem, the courage to tackle it, and the Mr. President, I rise today to speak commitments valued at over $103 mil- talent to solve it. on the nomination of Senator HILLARY lion to work on climate protection ini- In her years as First Lady, Senator RODHAM CLINTON to be Secretary of tiatives and health technology initia- CLINTON was one of the country’s most State. I would like to make a few brief tives in the State of Texas, as well as important and best-loved ambassadors. points why I think her nomination is to enhance the quality of life of Texas- She traveled to over 80 countries, important and why I think she will do Mexico border residents. meeting with heads of state from the an outstanding job in this very impor- As a Senator who represents the Czech Republic to Nepal. tant position. I want to begin, though, storm survivors of Louisiana, I am in- She served as a representative to the by saying something about President credibly grateful for President Clin- United Nations, addressing forums Clinton’s charitable efforts and what ton’s hard work for our communities. around the world. they have meant to our State and to Not only has Senator HILLARY She has negotiated aid packages in our region and what I think they have RODHAM CLINTON herself been one of Asia, pushed democratic reforms in the meant to the world at large. the first Senators on the ground to the former Soviet Bloc, and promoted We have seen in our own lifetime gulf coast, sharing her expertise, her peace plans in Northern Ireland and many Presidents come and go from the knowledge, and her passion for recov- Serbia. Oval Office. Many of them leave and ery, but President Clinton himself. But HILLARY didn’t just meet with you do not hear much from them. Mr. President, I know I have only world leaders. She has met with the Some of them spend their time in very been given 3 minutes. I ask unanimous private citizens around the world worthy causes. But, to my mind, no consent for an additional 1 minute be- whose lives are shaped by international past President has taken on such an cause I would like to add, I say to Sen- decisions. ambitious agenda as President Bill ator KERRY, if I could, that I hear so She has met survivors of the Rwan- Clinton to help ease the suffering and many people from the other side com- dan genocide, with advocates for social pain in this world. He could have spent ing down and expressing their philos- justice and women’s rights in Paki- his time doing many things, but he has ophy that they are just appalled that stan, with the families of children kid- challenged himself and his contacts Democrats sometimes rely on Govern- napped in Uganda. around the world—businessmen, phi- ment to do it all. And after serving her country 8 years lanthropists, women engaged in social The PRESIDING OFFICER. Without as First Lady, when most people retire, organizational work around the objection, it is so ordered. HILLARY stepped up and has served as a world—to make this a better commu- Ms. LANDRIEU. Well, here is an ex- vital and powerful advocate on behalf nity. He has done it masterfully and ample of a former President who is not of the people of New York. with the strength and networking ca- relying on Government to do it all, Going from the White House to White pabilities that perhaps only a Presi- who realizes the combined treasuries of Plains, HILLARY has continued to show dent of this Nation has. all the governments in the world can- just as much acumen in her dealings In the State of Louisiana, which I not stop, perhaps, the AIDS crisis or with national and global leaders, as she represent, we have seen firsthand the lift women out of poverty or educate

VerDate Nov 24 2008 01:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.020 S21JAPT1 jbell on PROD1PC69 with SENATE S684 CONGRESSIONAL RECORD — SENATE January 21, 2009 girls who have not been educated in children who would otherwise continue Ms. LANDRIEU. Mr. President, I centuries. So he has taken it upon him- to live in foster care. She worked tire- thank my colleague from Massachu- self to raise private dollars and founda- lessly to enhance efforts to incentivize setts for giving me the opportunity to tions. Yet the same group who com- States to continue their success in speak in this series of speakers. plains that Government cannot do it finding families for older children, chil- I yield the floor. all—when somebody tries to leverage dren with special needs, and large sib- The PRESIDING OFFICER. The Sen- the strength of the private sector, they ling groups. ator from Massachusetts is recognized. have to clobber him anyway. I think I have no doubt that she will carry Mr. KERRY. Mr. President, I thank part of it is not so much the words they these passions with her to her new as- the Senator from Louisiana for her per- say, but perhaps this gives them an signment as Secretary of State and sonal and important observations. I ability to do some fundraising they that the orphans of the world will be know they will be much appreciated by may have to do for the coming elec- better for it. her colleague and our friend, Senator tions, which is really very disturbing President Obama took the oath of of- CLINTON. based on the passionate comments of fice with the U.S. fighting two wars, a Mr. President, I suggest the absence President Obama yesterday about how simmering crisis in the Middle East of a quorum. he would like to get past this partisan and the need for a seamless transition The PRESIDING OFFICER. The era we have been in. to address the threats and challenges clerk will call the roll. Just a word about Senator CLINTON to the United States. The assistant legislative clerk pro- herself. Not only on the international He needs his national security team ceeded to call the roll. front is she an expert, and our Presi- confirmed and ready to work imme- Mr. KERRY. Mr. President, I ask dent needs a very smooth transition on diately. unanimous consent that the order for the international front given the two The outgoing Bush administration the quorum call be rescinded. wars we are facing, the crisis in the understood the importance of a smooth The PRESIDING OFFICER. Without Mideast, and the economic crisis at national security transition and objection, it is so ordered. home, but I want to spend my last worked closely with the Obama admin- The Senator from Massachusetts is minute saying how personally proud I istration towards that goal. Repub- recognized. am of the work she has done in this licans in the Senate should do no less. Mr. KERRY. Mr. President, could I country and abroad helping women and Yesterday, President Obama spoke ask, how much time is there still di- children, particularly orphans, particu- eloquently about—and the American vided? larly children who find themselves, be- people responded so vigorously to—the The PRESIDING OFFICER. The ma- cause of war or famine or disease or need to set aside partisan posturing in jority has 39 minutes, the Republicans other terrible causes, separated from these challenging times and come to- have 64 minutes. their families and in this country left gether to advance our collective inter- Mr. KERRY. Mr. President, I yield 5 for years in limbo in foster care or in a ests. It is a shame that the President’s minutes to the Senator from Cali- foster care system that is broken and call is being ignored at this critical fornia. is still yet to be fixed. Senator CLINTON time. The PRESIDING OFFICER. The Sen- herself has been a champion for these Any delay for partisan political pur- ator from California is recognized. children, both foster care children and poses denies the President of the team Mrs. BOXER. Mr. President, it is orphans around the world. I think as that he needs to preserve and protect such a pleasure to be here, and I want the Secretary of State, although she is our national security. to say to my chairman, Senator going to be busy with many great I look forward to Senator CLINTON KERRY, how much I wish him the best issues of the world, her heart is big becoming our new Secretary of State. in his new position. enough to find a space and to keep a Mr. President, I ask unanimous con- I am a very proud member of the For- space for orphans and other children. sent that an article from Politico dated eign Relations Committee, and I want As far as I am concerned, they may be January 15, 2009, about President Clin- to talk a little bit about HILLARY CLIN- an afterthought to many big policy ton’s charity work helping Senator TON and her qualifications to be Sec- leaders today, but I would like to para- VITTER’s home State—our State of retary of State and, more than that, phrase a quote that says: Children may Louisiana that we represent—be print- our need to see her confirmed as swift- be an afterthought today, but they are ed in the RECORD. ly as possible this afternoon. 100 percent of our future, and paying a There being no objection, the mate- Many of my constituents are visiting little attention to them will help this rial was ordered to be printed in the for the great inaugural celebration we world keep a steady course. RECORD, as follows: witnessed yesterday. They played a As First Lady, Senator CLINTON led [From Politico, Jan. 15, 2009] role in it. Many of them have talked to numerous efforts to increase awareness me and asked: Well, why hasn’t HIL- BILL’S CHARITY WORK HELPED VITTER’S about and support for youth aging out LARY CLINTON been confirmed already? STATE of foster care, and to increase the num- Why has there been any delay? She is (BY GLENN THRUSH) ber of children who are adopted out of obviously so well qualified. foster care. She partnered with the late There’s a small, but biting irony in David I answered: Well, several of my col- Vitter’s solo ‘‘no’’ vote against Hillary, John Chaffee and JAY ROCKEFELLER to which was based on conflicts-of-interest con- leagues on the other side had some develop and pass the Adoption and Safe cerns about Bill Clinton’s foundation. issues with disclosure of Clinton Foun- Families Act in 1997. This law is cred- It just so happens that the ex-president’s dation donations. And I believe we will ited for fundamentally shifting the charitable efforts have been more focused on deal with that. U.S. foster care system away from the Vitter’s home state of Louisiana than just I think it is important to point out archaic notions that trapped children about any other place in America, with $130.6 that President Clinton has agreed to in foster care for years to child-focused million in funding flowing to the Gulf region disclose so much regarding his founda- through the Bush-Clinton Katrina Fund, ac- tion. Other Presidents do not disclose policies that resulted in children find- cording to records. ing safe, loving, and permanent homes. A partial breakdown: About $30 million anything. I think if there is any prob- After the passage of that legislation, was awarded to 38 higher education institu- lem, we will have transparency and we foster adoptions increased 64 percent tions; $40 million went to non-profits work- will know. nationwide—from 31,030 the year the ing on reconstruction in Alabama, Louisiana What my constituents are saying to law passed to 51,000 last year. and Mississippi; $25 million was awarded to me is this: Look, we need a strong and As a Senator she has continued to 1,151 houses of worship and organizations as- respected Secretary of State who is push for legislation that benefits chil- sisting the faith community; and $35.6 mil- knowledgeable on day one. They basi- dren in foster care. Under her leader- lion was given to 42 other non-profits for var- cally say there are two reasons for ious services. ship, the 110th Congress took up and Some noteworthy BCKF Louisiana grants: that, and I agree with them. The first passed legislation that provides Fed- $550,000 to the storm-damaged Delgado Com- reason is, there are so many hot spots eral support for family members who munity College in New Orleans and $1.89 mil- in the world and so many complicated take on the responsibility of caring for lion to Xavier University, also in NOLA. issues out there for the next Secretary

VerDate Nov 24 2008 02:43 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.023 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S685 of State. HILLARY CLINTON—having run businesses thrive. President Obama is left for us to solve problems. So what I for President, having been a United inheriting that list of problems: debt, hope will happen over this next 30 days States Senator, having served on the deficit, unemployment, the worst econ- as we wrestle with this issue—which is Armed Services Committee—is su- omy since the Great Depression. He serious and which is affecting people premely ready for these challenges. needs someone such as HILLARY CLIN- throughout this country; which is Whether it is winding down the war in TON to help shoulder the burden on for- harming households and people who are Iraq, which our President says he will eign policy. just trying to work for a living—is that do responsibly and soon; whether it is So I hope we get a tremendous vote we will solve the root cause of this making sure we don’t lose Afghanistan for HILLARY CLINTON. She deserves it. I problem, which is our credit problem. to the Taliban and set that nation wish to thank my chairman again for It is my belief we have trillions of back; whether it is the terrible crisis yielding me the time. dollars that are going to be lost in the between Israel and the Palestinians; Mr. KERRY. Mr. President, I thank credit market. Much of that is being whether it is turmoil in Africa, geno- the Senator from California. I appre- driven by housing. These two issues cide in Darfur, the war on terror in ciate it very much. have to be dealt with together. I fear general, or the need to win over the It is my understanding the Senator we are going to look at a spending hearts and minds of people around the from Tennessee wishes to speak, but he package that candidly isn’t going to globe, all of these things are out there wishes to speak in morning business. make its way into the economy until for our new President, President On the other hand, we don’t want to long after many predict this may be Obama, to address. He needs someone delay the march of the clock. So I ask over. In the interim, what we are going to help him shoulder that burden. He is unanimous consent that the time used to do is create a zombie banking sys- going to count on HILLARY CLINTON to by the Senator from Tennessee be tem where, in essence, banks are just do that. He is going to count on Sen- charged to the other side. there metering out losses but not doing ator KERRY in his new position, all of The PRESIDING OFFICER. Is there the productive things that need to us on the committee and all of us in objection? occur. the Senate, as well as House leaders to Without objection, it is so ordered. It is my belief we have a number of do that. The Senator from Tennessee is recog- banks in this country—large banks, HILLARY CLINTON understands all of nized. banks that we know and respect—that these hot spots. She also understands THE ECONOMY need to be seized, that right now need the fact that there is one President and Mr. CORKER. Mr. President, I rise to to get down to a base level where nor- she will work with him and for him and speak as in morning business, and I mal investors would be willing to in- for the American people. After all, she thank the chairman for allowing me to vest in these banks. The longer we put was in the White House and she knows do so. If someone comes in to speak on this off, the longer we are going to be the President sets foreign policy. She the subject matter, I will defer. away from actually solving the root understands that. So she is supremely As is the Senator from California, I cause of this problem. ready. am very concerned about our economy. This President is inheriting these The other reason my friends from I know there is going to be a stimulus problems. I in no way assess these California have stated is this: We need package forthcoming. I am very con- problems to him. Many Presidents— someone with that prestige, with that cerned about that. I am afraid what we most Presidents—deal with issues they recognition, with that charisma be- are doing right now as a country is ad- had no idea they were going to deal cause we have so many problems at dressing the recession—a severe reces- with. I know this President is looking home to which our President has to at- sion—in the standard way people like at a spending package. Candidly, there tend. And HILLARY CLINTON has that to respond to recessions. I think we are may be some need for capital invest- sense of, frankly, star quality, the abil- potentially doing that without address- ment in infrastructure. However, if we ity to gain attention and respect. ing the real issue, which is the credit do not deal with the root issue—and President Obama couldn’t do the work markets in our country. that is the fact that much of our bank- himself. If he had to fly all over the I know over the last 6 months we ing system is insolvent and recognize world, he couldn’t take the time he have wrestled with ways of dealing that as adults—and cause the assets to needs to fight this deepening recession. with the credit markets in our coun- be written down to their real level as President Obama is inheriting mas- try. I wish to tell my colleagues it is we do with derivatives, but we do not sive problems. These problems didn’t my belief the boards of banks through- do that on whole loans—we give banks happen in a day; they happened over out our country are in boardrooms a break, if you will. We let them meter the last 8 years. It is going to take today and are in conversations those out. If we do not deal with that, time to get out of some of the mess. throughout the country talking about everything we do here to deal with our President Bush had a surplus; he has the fact that their banks are actually economy, in my opinion, will be for put us deeply in debt. Pay as you go is insolvent. They know they are insol- naught. It will be a total waste. gone. Our new President has to deal vent, but because of the way gap fi- What concerns me is we are quickly with that. nancing accrues to banks who make getting to the point again where we are President Bush made no progress on whole loans, they are able to actually going to have fewer and fewer re- health care. Our new President has to meter those losses out over quarters sources available to deal with that. deal with it. On the environment, we into the future, knowing that today The United Kingdom just recently real- have gone backwards. I know the chair- they are insolvent. ized that the policies they were putting man understands this. He serves on the What we have done through TARP in place were causing their currency to committee on which I am privileged to funding is put money through capital devalue rapidly. serve as well, the Committee on Envi- injection into these banks. In their in- I realize we are not there yet today ronment and Public Works. telligent self-interests they have as a country. I hope what we will do as Mr. President, I ask unanimous con- hoarded that money because they know a body—and as a country—is tell the sent for 1 more minute. they have losses coming in the future American people we realize many of The PRESIDING OFFICER. Without that would cause their banks to be in- our financial institutions are insol- objection, it is so ordered. solvent if they recognized those losses vent. We realize the problem could be Mrs. BOXER. So where are we? We today. trillions of dollars, and until that issue have this string of problems, and our What concerns me is our country is is dealt with in a serious and real way, new President has to focus on getting quickly getting to the point where our anything else we do for the economy is people back to work, on making sure resources are limited more than they for naught. that Social Security and Medicare are have ever been, where we are borrowing It takes a functioning financial sys- strong, that our kids are educated, and huge amounts of money—and certainly tem for every small business—for every that global warming is addressed in the we have been doing that for some barbershop, beauty salon, for every right way. That is just the partial list. time—and we are getting to a point in large business—for all of us to get our We also want to make sure our small time where there is not a lot of power payroll checks processed; it takes that

VerDate Nov 24 2008 02:43 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.026 S21JAPT1 jbell on PROD1PC69 with SENATE S686 CONGRESSIONAL RECORD — SENATE January 21, 2009 for this economy to function. In order and I look forward to working closely I have been privileged to serve along- for our financial markets to stabilize, with her in a new capacity. side Senator CLINTON. In assuming the we have to deal with the issue of hous- Mr. DODD. Mr. President, today I position of Secretary of State, Senator ing, which we have not yet done. It is rise in support of the nomination of CLINTON assumes a responsibility—that my hope this body will take up this se- our colleague, the junior Senator from of being our representative to friends rious business. New York, Mrs. HILLARY RODHAM CLIN- and enemies alike. Her judgment and I have to say, in deference to the TON, as our next Secretary of State. temperament will be critical to restor- chairman who has been on the floor It is a position to which I am con- ing international relationships which talking about our new Secretary of fident she will be confirmed shortly— have been so badly tarnished in recent State, I listened to his comments today and in which I know she will serve ex- years. in the Finance Committee and I traordinarily well. So, let me join my colleagues in say- thought his comments were dead on. I Before I speak about the qualifica- ing thank you to the junior Senator know he referred to some editorials tions that Senator CLINTON brings to from New York. I know her tenacity that were written over the weekend this most important position at such a and talent will serve our country ex- that said exactly the kinds of things crucial juncture in our history, I want traordinarily well in the coming years, we are talking about right now. I talk say a few words about the spirit of as it has throughout her lifetime. I to investors on Wall Street who are in- openness and cooperation that she urge my colleagues to confirm her and volved in these institutions in major demonstrated throughout the con- I wish her the best of luck. ways. They know they are insolvent. firmation process. Mrs. FEINSTEIN. Mr. President, I As a member of the Senate Foreign They know we are just pushing this rise today in support of the nomination Relations Committee for more than a down the road. of HILLARY RODHAM CLINTON to serve as quarter century—having closely re- I think we owe this to these young Secretary of State. viewed her nomination—Senator CLIN- people up front whose last day is to- HILLARY CLINTON is a tireless and TON and her husband have taken un- morrow. We owe this to Americans fearless public servant. precedented steps and gone above and across this country who depend upon us She is a woman of strength and com- beyond what we have asked of them. to do mature and adult-like things. We passion with a powerful voice. That she has speaks not only to Sen- owe this to the country, to face up to And I look very much forward to con- ator CLINTON’s personal integrity, but the realities of these major losses, firming her as our next Secretary of to her commitment to the office of these major insolvencies, its effect on State. Secretary of State. the economy for years to come, and do I have known HILLARY for 16 years— Senator CLINTON will serve during a since the time when she was First something about that first before we period crucial to restoring America’s Lady. deal with things that will possibly moral authority—making clear to the I was delighted to see HILLARY CLIN- stimulate the economy if, in fact, we world our virtue, our noble intentions TON sworn into our small but ever- actually had a functioning financial and—as we were reminded by our new system. We all know of small busi- President, Barack Obama, yesterday— growing cadre of female Senators in nesses all across this country that are all that we still represent to so many January 2001, and I have greatly ad- being denied loans. We know of busi- around the globe. mired her work here in the Senate. nesses that are actually doing the right As we all know, Senator CLINTON has Senator CLINTON has rolled up her things, but banks are calling letters of a history of redefining roles and inspir- sleeves and worked forcefully to rep- credit and other things because they ing people around the world. Certainly, resent the people of New York during want the money in so they can again she did when she first rose to the na- the past 8 years. meter out the losses. tional stage as First Lady, taking on She worked side-by-side with her Em- So I thank my colleague for allowing issues previously unfamiliar to that po- pire State colleagues to shepherd New me to speak as in morning business. I sition, often in new ways—children’s Yorkers through the challenges of re- know we have important business at issues, healthcare, women’s rights. covering from the tragedies of the at- hand. I look forward to supporting Sec- To those who had known her, none of tacks of September 11. retary of State-designate CLINTON later that was surprising. Indeed, long before She has been an active and diligent today. I thank my colleague for his she became First Lady or Senator, she member of the Senate Armed Forces courtesy, and I yield the floor. had been a tenacious legal advocate for Committee, doing her homework and Mr. FEINGOLD. Mr. President, the children and families, fostering hope in asking the tough questions. next administration will be faced with a wide cross-section of the American In 2004, she was asked by the Depart- the difficult task of building a smarter people. Little wonder, then, that she ment of Defense to join the Trans- U.S. foreign policy that restores Amer- gained that following of passionate formation Advisory Group to the Joint ica’s image abroad and security at supporters that we saw on the cam- Forces Command—the only Senator to home. Senator HILLARY CLINTON’s dis- paign trail last year. serve in that capacity. tinguished record and testimony before For the last 8 years, Senator CLINTON I know that Senator HILLARY CLIN- the Senate Foreign Relations Com- has represented the State of New York TON will leave behind a large void when mittee demonstrate that she is the and has given her constituents a daring she leaves the Halls of this Chamber. right person to lead this effort. Her ex- and tenacious advocate in Washington, But her next role—as Secretary of perience, intelligence and thoughtful- putting a special focus on improving State—presents tremendous challenges ness make her an excellent choice to be her State’s economy—specifically that and opportunities. our most senior diplomat and to lead a of upstate New York which is not only The new Obama administration will stronger and more effective State De- hit harder by recessions but often re- usher in a new era of American foreign partment. mains a bystander during times of eco- policy, and help rebuild our image I do share some of the concerns that nomic expansion. around the world. have been expressed about the poten- That she so naturally became this HILLARY CLINTON understands the tial for a conflict of interest between kind of advocate speaks volumes about value, and very great need for, a for- her work as our incoming Secretary of her affinity for the less fortunate—her eign policy that is guided by smart, ro- State and the Clinton Foundation. I beliefs about the nature of public serv- bust diplomacy—rather than bellig- hope that Senator CLINTON will make ice and the kind of priorities she will erent threats. every effort to avoid even the appear- bring as Secretary of State. She has already visited more than 80 ance of such a conflict of interest, if I have said that it also is a testament countries, and has formed important confirmed. to President Obama that he nominated relationships with a number of world Senator CLINTON brings many his one-time rival to such a critical leaders. strengths to this position, and I am post. But perhaps it says more about I am confident that she will ably con- pleased to support her nomination. It the nominee herself—about her com- tinue to represent the values and inter- has been a pleasure working with Sen- mitment to bringing change to this ests of our great country in the cap- ator CLINTON as a Senate colleague, country. itals of the world as Secretary of State.

VerDate Nov 24 2008 04:14 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.027 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S687 There is no doubt that the foreign Tackling these desperate problems I urge the Senate to approve her policy challenges we face as a nation will be a difficult, and, at times, thank- nomination. I thank the Senator, and I and global community are great: the less job. But if there is a Senator with- yield the floor. wars in Iraq and Afghanistan, and the in this body who is equal to that task, The PRESIDING OFFICER. The Sen- great need to transition our forces; a it is certainly Senator CLINTON. In her ator from Massachusetts. resurgent Iran; the long-simmering work on the Senate Committee on Mr. KERRY. I thank the distin- Israeli-Palestinian conflict, which Armed Services, she has demonstrated guished Senator from Mississippi, who boiled over in recent weeks with tragic an exhaustive understanding of the has been here a long time and is a good consequences; threats of nuclear pro- global security environment con- judge of these issues and of character, liferation and terrorism; ongoing insta- fronting the United States and its al- and we appreciate his comments very bility in Southeast Asia; the need to lies. As a fellow founding member of much. confront climate change; the terrible the Senate Women’s Caucus on Burma Mr. President, we are awaiting Sen- atrocities in Darfur and the Congo; and in her tireless support for legisla- ator SPECTER, who I understand wants millions of global citizens who face a tion urging intensive diplomatic ef- to speak. So I ask unanimous consent grim reality of hunger, thirst, poverty, forts to halt the genocide in Darfur, that the time—since there is more of it and sickness; and the need to improve Senator CLINTON has demonstrated not now on the other side, without speak- the plight of women around the world. merely a deep-seated humanity, but a ers—the time of the quorum call now As HILLARY remarked during a press visceral and personal commitment to be charged to the other side. conference when her nomination was speak for the oppressed and fight for The PRESIDING OFFICER. Is there formally announced on December 1, the defenseless. objection? 2008: On a personal note, today’s vote is The Chair hears none, and it is so or- America cannot solve these crises without indeed a bittersweet moment—when we dered. the world, and the world cannot solve them will offer our consent to President of Mr. KERRY. Mr. President, I suggest without America. the United States—also a former col- the absence of a quorum. I am confident that HILLARY CLINTON league, to tap another extraordinary The PRESIDING OFFICER. The will rise to the occasion—and work Member to help guide our country and clerk will call the roll. hand-in-hand with President Obama the free world at a perilous time. Sen- The legislative clerk proceeded to and his national security team to help ator CLINTON’s counsel and exceptional call the roll. address these tremendous challenges. commitment to public service will be Mr. KERRY. Mr. President, I ask Ms. SNOWE. Mr. President, I rise sorely missed in this august Chamber. unanimous consent that the order for today to voice my strong support for Yet we take heart and no small meas- the quorum call be rescinded. the confirmation of my highly es- ure of pride in knowing that her inde- The PRESIDING OFFICER (Mr. teemed colleague and good friend, Sen- fatigable intellect is being called into MERKLEY). Without objection, it is so ator HILLARY RODHAM CLINTON, as the service beyond these walls to the ben- ordered. next Secretary of State. efit of not just an administration, or Mr. KERRY. Mr. President, I yield 5 When Senator CLINTON arrived in the one country, but an entire community minutes to the distinguished assistant U.S. Senate in 2001, she had very large of nations seeking peace and prosperity majority leader, the Senator from Illi- shoes to fill—those of the late and ad- for their citizens. nois, and I ask unanimous consent that mired Senator from New York, Daniel following his comments the subsequent And so, as we look ahead to the fu- Patrick Moynihan—but filled them she quorum call be charged to the other ture success of our good friend, I wish did and with tremendous distinction side. her Godspeed. and accolades from both sides of the The PRESIDING OFFICER. Without aisle. And over time, our colleague was The PRESIDING OFFICER. The Sen- objection, it is so ordered. rightly lauded and recognized for her ator from Massachusetts is recognized. Mr. DURBIN. Mr. President, I wish to unwavering work ethic, her expansive Mr. KERRY. Mr. President, I recog- thank the chairman of the Foreign Re- and detailed command of the issues, nize the Senator from Mississippi for 1 lations Committee, and I appreciate and her care for her constituents. And minute. this opportunity to say a few words in 2007, Senator CLINTON began what The PRESIDING OFFICER. The Sen- about the nomination of HILLARY CLIN- would become a historic, Presidential ator from Mississippi is recognized. TON to be Secretary of State to our new campaign that was an inspiration to Mr. COCHRAN. Mr. President, I am President, Barack Obama. many and especially women. The fact pleased to support the nomination of It has been my good fortune to serve is, throughout her remarkable trajec- Senator HILLARY CLINTON to be Sec- with Senator CLINTON for many years tory of public service, HILLARY CLINTON retary of State. Her service as the Sen- in the Senate, to have known her when has encountered immense challenges ator from New York for the past 8 she was our First Lady, and to have with intelligence, resilience, and re- years has been proof of her impressive worked with her on many issues. There solve—traits that will stand our col- ability to effectively and thoughtfully is no question of her competence, no league in great stead as our Nation’s contribute to the governance of our question of her skill. As someone who 67th Secretary of State. Nation. I have enjoyed working with supported our current President in the Indeed, the international environ- her in the Senate, and I look forward last Presidential campaign and wit- ment facing our next chief diplomat is to continuing that relationship in her nessed the spirited contest between daunting. The world today is rife with role as Secretary of State. Senator CLINTON and then-Senator crises that, if inadequately addressed, Our Nation is confronted with serious Obama, there is obviously no lack of could lead to geopolitical instability global challenges, and it is imperative determination or commitment when it and human suffering that spans both that we work to develop comprehensive comes to Senator CLINTON and the task the globe and generations. Continuing strategies and expand our diplomatic that she assumes. So when President nuclear programs in North Korea and efforts in search of peace. President Obama made the decision to ask her to Iran threaten the very existence of Obama has a tremendous task before serve as Secretary of State, I felt it some of our closest allies and under- him. The wars in Iraq and Afghanistan, was a decision which would bring to mine decades of nonproliferation ef- stabilizing the Middle East, securing this country a leader who could make a forts. A maelstrom of conflicts as nuclear material from terrorists are all real difference. bloody as it is complex stretches across critical to our own national security. I can recall a telephone conversation the heart of Africa, compounding Senator CLINTON’s experience as First where I spoke to her and reminded her heartbreaking poverty with unspeak- Lady of the United States, her record that there were many things she had able acts of violence. And inaction on in the Senate, and her commitment to said as First Lady and Senator which global climate change has stymied a the people of this Nation have dem- she would be able to follow through on long-overdue coordinated international onstrated her capabilities to lead our as Secretary of State. She was one of response, imperiling every coastline, Nation’s foreign policy and diplomatic the first I heard articulate a premise crop and country on the planet. agenda. which I have come to accept as basic

VerDate Nov 24 2008 02:43 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.033 S21JAPT1 jbell on PROD1PC69 with SENATE S688 CONGRESSIONAL RECORD — SENATE January 21, 2009 gospel when it comes to analyzing ther former President Clinton or Sen- In the Senate she has had an extraor- global issues. Senator CLINTON said, ator CLINTON when she is Secretary of dinary record. She was very accom- after returning from a trip overseas, State and certainly not to the Obama plished here. I had the good fortune to she felt you could measure the likeli- administration. That kind of disclosure cosponsor a number of matters with hood that a country would be able to is the way to reach that goal. her and to work on other matters with meet the challenges it faced economi- So I will be voting for her nomina- her. We most notably, perhaps, cospon- cally and socially based on one ques- tion today with the belief that HILLARY sored the legislation of our Public tion, and the question was very CLINTON will bring that skill set and Service Academy; that is, to have an straightforward: How do you treat your those values to this most important academy such as West Point or Annap- women? I have found, as I have trav- job for the future of our country. She olis or the Air Force Academy, where eled around the world, that standard is understands the safety and security of young people interested in public serv- valid. If women are treated like chattel America begins, of course, with a ice would go for training in those arts. or slaves, if they have no voice in the strong military but, as President Then we all know of the phenomenal government and little voice in the fam- Obama has said, to try to avoid using race she carried on for the Presidency ily or the village, most of the time the that military so we don’t engage in un- of the United States, coming as close men will make a mess of it, and that necessary wars and wars that have no as she did in the historic year we just has been the case. I told her she had a end; to use the skills of diplomacy to saw, 2008, with the election of an Afri- chance, as Secretary of State, to not solve the world’s problems. I can’t can American and the ascendancy of a only deal with global issues of peace think of a better person to carry that woman into the finals of the Presi- around the world but also to deal with message and that responsibility than dential contest. When she was talked about for Sec- those issues at the local level that Senator HILLARY CLINTON, and I am retary of State, I thought it was a 10- make a dramatic difference in the lives hopeful this afternoon this Senate will strike. I did something that was a first of poor people. rise quickly to support her nomination, for me, that I had never done before. I also know of her passion for so send her down to Foggy Bottom, where many other issues that are timely. When I read in the newspaper that she the Department of State is located, so was equivocating as to whether to take When I spoke to her on the floor last she can begin her new role in rep- the job, I called her with some unsolic- week, as she cast her last vote as a resenting the United States around the ited advice. I cannot recall having done Senator, I wished her well because I world. that before. If somebody asks for ad- felt she would be confirmed as our next Mr. President, I reserve the remain- vice, OK, but I called her and urged her Secretary of State, and she said it is der of my time, and I yield the floor. to take the job. I urged her to do so be- unfortunate that we come to this mo- Mr. KERRY. Mr. President, I suggest cause I thought she was an extraor- ment in history when there are so the absence of a quorum. dinary fit for it. many things unresolved in the world, The PRESIDING OFFICER. The I think of all of the positions avail- but she looked forward to those mo- clerk will call the roll. able at the moment—there are some ments where she would be able to meet The legislative clerk proceeded to very important positions. I have been with the President of the United States call the roll. delayed coming to the floor where we and the Vice President, who has his Mr. SPECTER. Mr. President, I ask were having an executive session of the own resume when it comes to global unanimous consent the order for the Judiciary Committee on the nomina- issues. quorum call be rescinded. tion of Attorney General-designate A Member on the Republican side has The PRESIDING OFFICER. Without Holder, a very important position. But asked for us to consider this nomina- objection, it is so ordered. no position, aside from the Presidency, Mr. SPECTER. Mr. President, I have tion today and to have a little debate is more important than Secretary of sought recognition to comment briefly and perhaps a vote. I don’t know if it State. Perhaps the Attorney General is will come to a vote, but other nomina- on the nomination of Senator HILLARY close, with the heavy responsibilities tions went through without con- CLINTON to be Secretary of State. I be- for national security in the fight troversy and without debate yesterday. lieve Senator CLINTON brings extraor- against terrorism, the balance with These are now men and women going dinary talent and an extraordinary civil liberties, and the very important to work immediately for the new ad- record to this very important position. questions facing the economy with so ministration—no time wasted—so they Her educational and professional back- many fraud cases looming with people can tackle the real timely issues that ground are sterling. I have a little pa- misrepresenting balance sheets. But face America. One of the issues raised rochial pride at the fact that she is a Secretary of State poses the big issues. earlier on the Republican side was graduate of the Yale Law School and I have traveled extensively in my former President Bill Clinton’s founda- has carried forward that school’s tradi- term in the Senate in connection with tion. It was an effort, after he left the tion for public service. my duties on the Foreign Operations Presidency, to gather the resources to I got to know Mrs. CLINTON first Subcommittee of Appropriations and make a difference around the world in when she was First Lady. Shortly after the chairmanship of the Intelligence a variety of different challenges, not I had brain surgery, in 1993, I bumped Committee, which I held in the 104th the least of which was the global AIDS into her at the carriage entrance, com- Congress. I believe there are tremen- epidemic. ing into the Senate Chamber, and we dous opportunities today for an activ- It is true former President Clinton talked a little bit about my medical ist U.S. policy on the hot spots around has been very adept at raising the experience. She invited me to visit the world. funds to help the poorest people in the with her in the White House, which I I have visited Syria on many occa- world, and I think that is a good thing. did—as I recollect, on the second floor sions, have gotten to know President But questions were raised: Would that of the West Wing. I told her of the per- Bashar al Asad and more extensively present a conflict if his wife, Senator sonal experience I had and also my his father before he died in the year HILLARY CLINTON, became Secretary of ideas from serving on the sub- 2000, President Hafez Asad. I believe State? At that point, the former Presi- committee of Labor, Health, Human that Syria is the key to peace in the dent made full disclosure of all con- Services and Education for the 13 years Middle East. There have been very ex- tributions and contributors and made that I had been in the Senate. tensive negotiations there. The parties, it clear that he would go out of his way As First Lady, Mrs. CLINTON was an Israel and Syria, came very close in to avoid conflicts and continue this activist. The record speaks for itself on 1995 when Rabin was Prime Minister, disclosure and transparency. all that she undertook. Then, to main- on negotiations brokered by then- I can recall in Senator KERRY’s com- tain candidacy for the Senate in New President Clinton, and again in the mittee Senator LUGAR of Indiana asked York was very courageous, gutsy, year 2000, when Ehud Barak was Prime questions about this to try to make reminiscent of Robert Kennedy leaving Minister—very close. Turkey, for the sure there would be clarity and trans- the Attorney General’s job, going to a last 18 months to 2 years, has been parency. And that is good. We don’t State not his home State to seek elec- brokering for a long while behind the want any embarrassment coming to ei- tion to this body. scenes, negotiations.

VerDate Nov 24 2008 02:43 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.031 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S689 What Syria is looking for is the re- They breached that in 1993. We are It would be my hope that Secretary turn of the Golan Heights and only back on track there. of State CLINTON would rethink some Israel can decide whether it is in But I think it takes bilateral talks. of the additional requests which Sen- Israel’s security interests to give up It takes representatives of the United ator LUGAR made. I do not think they the Golan. But it is a very different States to stand up and be willing to are disqualifiers, but I do believe it is a world today from what it was in 1967 on talk to other people on an equal foot- matter of concern if, for example, some the strategic interests and strategic ing, with courtesy, with civility, and foreign government makes a contribu- value of the Golan Heights. If a deal with dignity. tion to the Clinton Foundation, then can be struck, I think there is great ad- In August of 2005, I had a chance to there are interests which that foreign vantage for Israel and for the region. I meet President Hugo Chavez of Ven- government has, I think we would un- think that would induce Syria to stop ezuela. The relationship between the derstand and trust Secretary of State aid to Hamas or funneling aid from United States and Venezuela has been HILLARY CLINTON that, in the eyes of Iran to Hamas; stopping them from very rocky for what President Chavez many, especially those in the Arab aiding Hezbollah; stopping Syria from has undertaken. At that time the world, they may be suspicious of what any activities to destabilize Lebanon. United States Ambassador was trying would appear to them to be a potential So an activist policy is a matter of the to meet with the Venezuelan Secretary conflict of interest. first magnitude. of the Interior over the drug issue, But I trust HILLARY CLINTON’s good With respect to Iran, there again I where there were common interests be- judgment, and I think she will work think dialog has some hope. Can it tween the United States and Ven- through the issues and the memo- solve the problem? I don’t know. But I ezuela. I believe it is accurate to say randum of understanding which was ex- do know the problems with Iran cannot that as a result of the conversations ecuted on December 16 of last year, and be solved without dialog. which I had with Chavez, the Ambas- the additions she has made go a long I asked questions of Secretary of sador and the Minister of the Interior way, and it would be my hope that she State Condoleezza Rice and Secretary met. would rethink what Senator LUGAR has of Defense Robert Gates before the Ap- It was kind of a rocky day because at suggested. She is a very ethical person propriations Committee on the under- the same time I had the meeting with and a wise person. I think she can un- taking of dialog and negotiations. I President Chavez, Secretary of Defense dertake to handle this issue satisfac- asked Secretary Rice how it was real- Rumsfeld was in Peru, and he com- torily. istic to ask Iran to stop enriching ura- mented in a condemnatory way about So for these reasons I am pleased to nium as a precondition of talks when Chavez. Gratuitous insults do not ad- speak on her behalf, and I think the the object of the talks was to get them vance the pace or the cause of dialog. temper of this body is to give her an to stop enriching uranium. How do you So I would say, even with President overwhelming vote of confidence so she do that? It seems to me a major failure Chavez, we ought to make the effort. can carry out the very important re- of U.S. foreign policy for decades has President Obama had some com- sponsibilities of Secretary of State. been a lack of civility and dignity and ments about President Chavez on a The PRESIDING OFFICER. The Sen- respect that we damn Yankees—we Sunday news show last week, which ator from Massachusetts is recognized. ugly Americans—don’t accord other have started some mild fireworks. Cha- Mr. KERRY. Mr. President, I thank people, as a matter of basic dignity and vez, according to the press, retaliated the Senator from Pennsylvania. I yield respect. that he had not thrown the first stone. 5 minutes to the Senator from I have had an opportunity to talk to It is my hope, even with Chavez, that Vermont. the last three Iranian Ambassadors to we can engage in direct, civil, cour- The PRESIDING OFFICER. The Sen- the United Nations. They are very ra- teous dialog to see if there are some ator from Vermont is recognized. tional people to whom you can talk. areas where we can find common cause. Mr. LEAHY. Mr. President, I thank Ahmadinejad? A real problem, when I know, though, the occasions I have the distinguished Senator and chair- he talks about wiping Israel off the had to talk to Fidel Castro that there man of the Foreign Relations Com- face of the Earth. But he is not going were issues on sea lanes and other air mittee from Massachusetts. It is inter- to be President of Iran forever. I think lanes where the United States could esting, this is the first day after the in- there are forces besides President have cooperated on the interdiction of auguration of President Barack Ahmadinejad who have different views drugs. I have introduced legislation Obama—my ninth inauguration, by far in Iran. which passed the Senate on two occa- the most impressive—and I have the If you take a look at Muammar sions and was stymied in the House of great pleasure to speak in support of Qaddafi, there you have an example of Representatives. But I mentioned this the confirmation of my friend and col- someone who is arguably the world’s as illustrative of where I think we can league, HILLARY RODHAM CLINTON, to worst terrorist in history—except, per- go with an activist, engaged Secretary be our next Secretary of State. haps, for bin Laden and what al-Qaida of State. It is my projection that Sen- Secretary-designee CLINTON’s stat- has done. But Qaddafi and Libya blew ator CLINTON, soon to be Secretary of ure, intellect, her experience make her up Pan Am 103, bombed the Berlin dis- State CLINTON, will undertake those uniquely qualified to take on this role, cotheque, killed Americans—and matters. a role which comes at a critical time in through negotiations, Qaddafi stopped There is one additional comment I our history. developing a nuclear weapon, made have to make, and that is on the poten- As chairman of the appropriations reparations to the victims in Pan Am tial conflict of interest between con- subcommittee that funds the State De- 103 and those who were victims in the tributions which were made to former partment and our foreign assistance bombing of the Berlin discotheque. President Clinton’s Foundation and the programs, I look forward to working I had an opportunity to visit Muam- activities of Secretary of State CLIN- closely with her and President Obama mar Qaddafi, about 30 months ago, TON, if, as, and when she is confirmed. as they embark on the critical task of with Congressman Tom Lantos. When I think Senator LUGAR was exactly on restoring America’s leadership and you went to see Qaddafi, you would go target in the comments he made in the image abroad. to the desert. He lives in a tent and he Foreign Relations Committee about I appreciate the conversations I have meets you in plastic chairs. But you what ought to be undertaken. had with both of them in this regard. can talk to him and the talking has There has already been a memo- Some 8 years ago, President Bush in- paid results. randum of agreement that has been en- herited a balanced Federal budget. We With that success, I think it is an in- tered into on the subject of some sub- were actually paying down the na- dicator, a precedent for talking to any- stantial import. There is a memo- tional debt. We had the biggest surplus body. Nothing may come of it, but the randum of understanding which related in history. The U.S. economy was dialog is an indispensable first step. We to this issue which was signed on De- strong, and the country was at peace. know with the difficulties in North cember 16 of last year, right after Sen- Now, 8 years later, his successor, Korea—and there have been plenty—an ator CLINTON was in the running for President Obama, has inherited from agreement was made in the early 1990s. this position. him the largest deficit in our Nation’s

VerDate Nov 24 2008 02:43 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.032 S21JAPT1 jbell on PROD1PC69 with SENATE S690 CONGRESSIONAL RECORD — SENATE January 21, 2009 history, an economic crisis and unem- Secretary-designee CLINTON to review patiently. He would like to add a few ployment rate unlike any this country the Leahy amendment to ensure its thoughts. I yield him 4 minutes. has experienced since the Great De- vigorous and consistent implementa- The PRESIDING OFFICER. The Sen- pression, a budget deficit greater than tion. ator from Maryland is recognized. any nation on Earth has ever had, Ten years ago this March, the Con- Mr. CARDIN. Mr. President, let me Osama bin Laden has yet to be cap- vention on the Prohibition of the Use, thank our distinguished chairman for tured, more than 180,000 U.S. troops are Stockpiling, Production and Transfer yielding me this time. fighting wars in Iraq and Afghanistan, of Anti-Personnel Mines and on Their My colleagues have talked frequently the Middle East peace process is in Destruction came into force. Today, about how our colleague, Senator CLIN- shambles, the country is more depend- there are 156 countries that have TON, is the right person at the right ent than ever on foreign oil, and the signed this treaty. The most powerful time to be the Secretary of State. We country’s international reputation has Nation on Earth, the United States, have talked a great deal about her ex- been badly damaged as a result of poli- has not. perience. As First Lady of this Nation, cies that were contemptuous of the val- The U.S. military has not used the she traveled frequently around the ues of which this Nation was founded. types of antipersonnel landmines pro- world. She knows firsthand the prob- That is the good news for the new hibited by the treaty since 1991, and it lems that America confronts inter- President and the Secretary of State- has no plans to do so. I would urge her nationally. With experience as the Sen- designee. to go back to that. ator for New York, serving on the I do not envy President Obama for Mr. President, like President Obama, Armed Services Committee, she under- the multitude of misguided policies Secretary-designee CLINTON recognizes stands the critical role the State De- and problems he has inherited, but all the need for strong United States lead- partment plays in our national secu- the more reason he needs the best men ership in an increasingly complex, dan- rity. With her service on the Helsinki and women to work with him. Sec- gerous, and interdependent world. She Commission, she knows firsthand the retary of State-designee CLINTON is understands that most global and re- importance that the Department of going to serve him and the country gional problems cannot be solved by State can play in human rights issues well as they take on these challenges. the U.S. alone, that we need to act around the world. For all of those rea- During the election, I remember say- boldly and change the status quo when sons, she is truly the right person to ing to President Obama that we needed it no longer serves our interests or re- represent our Nation as Secretary of him to reintroduce America to the rest flects our values, strengthen and ex- State. She is an iconic figure for Amer- of the world. I have, in conversations pand our alliances, help the poorest ican values and for hope for people with Senator CLINTON, told her, what countries develop effective and ac- around the world. better person to go around the world countable institutions, and pursue poli- I wanted to comment about how than HILLARY CLINTON as Secretary of cies that enhance our image abroad. President and Mrs. CLINTON have pro- State to reintroduce America and the Today, as we leave the troubled poli- vided disclosure. It is unprecedented great core values of this Nation. What cies of the past 8 years behind us, the the amount of the financial informa- better person to do it than HILLARY American people should feel fortunate, tion they have opened to the public. CLINTON? as I do, that HILLARY RODHAM CLINTON I particularly want to thank our In her confirmation before the For- will be our new Secretary of State. former President, Bill Clinton, for his eign Relations Committee last week, I commend the distinguished Senator humanitarian work. We all know that she discussed the need to use ‘‘smart from Massachusetts. I will be joining Government cannot do it alone. Yet he power,’’ including ‘‘the full range of with him proudly to vote for the con- has been able to deal with the inter- tools at our disposal.’’ firmation of HILLARY RODHAM CLINTON national humanitarian needs through I am glad to see her support for for- to be our next Secretary of State. the use of foundations and getting eign assistance reform. We need that, The PRESIDING OFFICER. The Sen- other people involved. But I particu- and we have learned over the past sev- ator from Massachusetts. larly want to thank the former Presi- eral years we cannot take for granted Mr. KERRY. Mr. President, I thank dent and the foundation for which he is the unwavering allegiance of any coun- the Senator from Vermont for his clear responsible for the unprecedented dis- try in the world. We have to work at summary of the task ahead, and those closures that they are making. We will keeping those relationships. It is not challenges are enormous. Indeed, as we know all the contributors. They have amateur hour, and I appreciate Sec- all know, I particularly thank him as agreed that before new contributions retary-designee CLINTON’s recognition an old friend. And as the chairman of are made it will be cleared through the of the value and experience of dedi- the appropriations subcommittee, we Government ethics bureau to make cated international affairs public serv- work in close partnership, and I am sure there is not even the appearance ants and her plans to support and en- grateful that his values are where they of a conflict. So they are doing good hance that capacity. are because it empowers us to put the things for our country. The foundation She is going to become immersed in muscle, the money, support, and the is doing good things for humanitarian the immensely difficult problems that implementation of the policies that needs. We know that. were ignored or badly mishandled by committee struggles to formulate. So The Clintons have taken extraor- the outgoing administration: the Mid- we really appreciate the relationship. I dinary steps to do the right thing for dle East, Afghanistan, Pakistan, Iran, thank him for his comments very this country in the disclosure and the Sudan, Mexico, Somalia and central much. work they do. It is now time for us to Africa. All these pose particularly vex- Mr. President, how much time re- do the right thing and confirm HILLARY ing challenges which she has to con- mains on both sides? We are about to CLINTON as the next Secretary of State front immediately, and the sooner she propound a unanimous consent request. for our Nation. is there, the better. I think we are going to be able to have I thank the Chair for yielding me the I will mention a couple of other a vote around 4 o’clock, hopefully. I time. I would yield back the remainder items. The Federal law prohibiting want to allow for the majority leader of my time to the chairman. U.S. assistance to units of foreign secu- to get back to make a couple of com- The PRESIDING OFFICER (Ms. rity forces that violate human rights ments himself. But I would like to get STABENOW.) The Senator from Massa- was first enacted a dozen years ago. a sense of the time that remains. chusetts. The State Department is still strug- The PRESIDING OFFICER. The Sen- Mr. KERRY. Madam President, for gling with implementing it, particu- ator from Massachusetts controls 19 the sake of colleagues I reiterate, in larly with regard to the monitoring of minutes, the Republicans control 27 about 15 minutes, after the majority military equipment provided to foreign minutes. leader has returned and had a chance governments. Mr. KERRY. Obviously, we intend to to speak on this nomination, we will This law, known as the Leahy yield back on both sides. I thank the proceed to a vote. amendment, has been applied unevenly Chair. I know the distinguished Sen- It is my understanding—I was going depending on the country, and I urge ator from Maryland has been waiting to ask for unanimous consent—there is

VerDate Nov 24 2008 02:43 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.035 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S691 a request by someone on the other side or with Russia or some other countries, taking the lead, and we will live by the to have a rollcall vote. So there will be we can’t do everything all at the same standards we try to foist on other peo- a rollcall vote at that time. time. That is a bit of the way our di- ple. Most importantly, we make the We are going to be making that re- plomacy has been managed over these world safer because we reduce the ca- quest in a few minutes. Let me speak past years. For instance, even with pacity for fissile material to fall into for the couple of minutes we have left Russia, if we are more thoughtful the wrong hands. to share a couple of quick thoughts, if about the missile shield and more I will continue to press this thou- I may. thoughtful about NATO expansion and sand-warhead concept. My hope is it This is the beginning of the 25th year if we engage in a greater dialog about will become a centerpiece of the that I have had the privilege of serving the mutuality of interest in those re- START talks and where we proceed. It on the Foreign Relations Committee. I gions, we can avoid significant mis- is interesting because, even as we have have seen the ups and downs, the waves interpretations and counterreactions these now 5,000-plus or so warheads— of opportunities and lost opportunities that come as a consequence of not and that, incidentally, depends on ac- that we have lived through in the talking and not understanding the mo- counting rules because we don’t count course of that time, the heady years of tives, intentions of another country. the same weapons all the time—the the 1980s, when arms control was the Even as a child, when I was the son of fact is that China, according to public centerpiece of our focus and analysis, a foreign service officer, I always heard estimates, nothing classified but public and we were in the middle of the Cold people talking around me about how estimates, has about 23 warheads. They War. The committee contributed sig- Americans are very good at seeing the may ratchet that up because of our nificantly to the dialog at that time rest of the world through their own lack of having moved from where we about MX missile deployments and nu- lens but not particularly adept at look- are and other reasons. The fact is, they clear warheads, tactical, conventional ing at another country’s aspirations, have been pretty content to feel secure weapons, how to count. Fundamen- fears, threats, hopes through their with 23. Most rational people, thinking tally, that was altered through the sig- eyes. The more we can foster a foreign about the use of warheads, understand nificant daring of President Reagan to service that is historically, culturally, the implications of using only a few. One of the things I learned at nu- meet with President Gorbachev in Rey- linguistically, and otherwise immersed clear, chemical and biological warfare kjavik and negotiate a pretty remark- in the full culture of a particular coun- school, when I served in the Navy, was able reduction in nuclear warheads at try, the better we are, frankly, going the full implication of just one or two that time. It was against the conven- to do in terms of determining our own or three weapons. So when you think in tional wisdom, and it is proof of the op- foreign policy future and decisions. terms of thousands and so forth, in to- portunities we face today, many of President Obama and HILLARY CLINTON day’s world, where the principal con- which run against the conventional clearly understand the imperative of flict is religious extremism and ter- wisdom. changing how we have made some of rorism associated with it, you have to I am convinced President Obama and those decisions. put a huge question mark over the Secretary-to-be CLINTON—with the When I became a member of the theories that continue to spend the input and cooperation of the Congress Arms Control Observer Group in the amounts of money that we do and cre- and our committee—stand on the Senate, something now defunct but ate the kinds of insecurity that we do threshold of a new moment of those something we might wish to think about enhancing in the context of pro- as a consequence. kinds of opportunities. If Richard This is a moment of rather remark- liferation issues, one of the things that Nixon had not dared to send his then- able opportunity. I recently was in always struck me was the degree to Secretary of State Henry Kissinger to Pakistan and Afghanistan, India. India which from the time we used the bomb China to meet with Mao Tse Tung and, and Pakistan are still engaged in lit- at Nagasaki and Hiroshima, the only indeed, even to cross the barrier to go erally old-fashioned, mostly Cold War, to Red China, as we knew it, against nation that, incidentally, has ever ex- old, bad-habit confrontation. In fact, the wishes of many of the people in his ploded an atomic weapon against an- both sides know the concept of war own party and the wing of his party other people, from that moment for- would be absurd, when the real threat which found it heresy, we would not ward, almost every weapon transition, to both of them comes internally from have opened China and begun a process with the exception of two—it was ei- people who are disgruntled and of that relationship. There is an oppor- ther the long-range bomber and/or the disenfranchised and otherwise seduced tunity at this moment for an even silent submarine—almost every weapon into believing that by adopting one re- greater relationship with China. I don’t advancement in the course of the en- ligious ideology or another or none, think we have begun to forge the kind tire Cold War, we were first in the de- that they are somehow advantaging of cooperative effort that is available velopment of the new, more techno- themselves. This is an opportunity to to us, if we will engage on a much more logically advanced weapon, whatever it forge a new relationship across the regular and intensive basis and look for was. Almost without exception, our world, as the President did yesterday. I the places of commonality and agree- principal opponents at the time, the thought one of the most important ment of interest. Soviet Union, came as quick as they phrases he uttered in his speech was There are many, frankly. Most people could afterward and met that chal- his outreach, his holding his hand out who analyze and think about China lenge. So we always ratcheted up, up to the Muslim world to ask people to come to the conclusion that there is a until the point that we were at some- come together. One of the things that greater opportunity for a cooperative, thing like 30,000 warheads. Today we most struck me in these last years is respectful partnership than there are somewhere in the vicinity of 5,000- the degree to which religious, fanat- ought to be any kind of fears of hegem- plus warheads. ical, violent extremists have actually ony or other kinds of expansive desires It is my firm belief that in this next been able to isolate the United States on China’s part. Most people interpret year, we have an opportunity to nego- within that world rather than us being the current modernization of China’s tiate an agreement with Russia, where able, together with modern Islam, to military as being a fairly normative we actually ratchet down to about 1,000 isolate them. modernization process within the scale warheads, which would be the lowest That is one of the things President of things and not something that we have had in the course of that pe- Obama and this administration offers should be translated by the United riod of time, since the beginning, and us, an opportunity to have a com- States or others into a new arms race. still be safe; in fact, be safer. Because pletely different kind of interfaith, I am convinced there is a great deal if you have the kinds of controls with global dialog that begins to empower more to be achieved with China, pro- verification, inspection that get you to modern Islam to take back the legit- vided we are disciplined and thoughtful that level, then you begin to send a imacy of their religion. It is my hope about the setting of priorities and that message to the rest of the world that and prayer that will be a centerpiece of we have a clear set of priorities. you are serious about nonproliferation, this administration’s foreign policy. One thing is clear. In the manage- and you begin to send a message that There is much to do. Obviously, So- ment of our relationships with China says to the world: The United States is malia and East Congo, the trouble of

VerDate Nov 24 2008 02:43 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.036 S21JAPT1 jbell on PROD1PC69 with SENATE S692 CONGRESSIONAL RECORD — SENATE January 21, 2009 Darfur that remains, populations in struction of property, the movement of build a 600-megawatt solar powerplant Egypt and Saudi Arabia and elsewhere whole populations who will live with in the Southwest of our country and that grow at an astonishing rate so new drought, new water problems, and they cannot get the financing right that perhaps 60 percent of Saudi Arabia other issues. now. and Egypt are under the age of 21, 50 So, Madam President, I think we are So this economic crisis is, in fact, an percent under the age of 18, it is a stun- running out of time. I am sort of stall- economic opportunity that also has ning growth of young people who need ing here waiting for the majority lead- profound national security implica- a future. If that future is reduced to er. tions because to the degree we lead in madrasas and to the distortion of the The PRESIDING OFFICER. The dis- our responsibilities to go to Copen- opportunities of life, we all pay a price. tinguished Senator’s time has expired. hagen—where we have an international Our children in the future will pay a Mr. KERRY. That is what I figured. meeting next December, where we have price. So these choices that President Well, on that inauspicious note, I ask an opportunity to fix the Kyoto treaty Obama and Secretary CLINTON will unanimous consent that I be permitted with a new agreement, which will have face, together with the Congress, are to proceed now until he comes. Then I a huge impact on people all across the significant. will put in a quorum call in a few mo- planet—that is one of the major chal- Then, of course, there is one issue ments. lenges before the Obama administra- many people don’t always think of as a The PRESIDING OFFICER. Without tion. national security/foreign policy issue. objection, it is so ordered. I know the President is very com- That is global climate change. I have Mr. KERRY. To finish that thought, mitted to trying to move forward on attended almost every major con- the ice sheets in the Arctic are melt- this issue. But he and Secretary of ference since the Rio conference of ing. We anticipate now, according to State CLINTON are going to have a huge 1992. I remember going down there with the science, we are going to have an challenge to persuade countries to do then-Senator Al Gore, and Senator ice-free arctic in the summer in about difficult things, to persuade Americans Gore and I and a few others had held 10 years. The problem with that is that to change some of our habits and do the first hearings on global climate as more ice disappears, more water is difficult things. change in 1988. I have watched the pro- evident, is available, and the water, un- I am told by experts that you could gression of all these years as all the like the ice sheet, which acts as a re- produce six times the electricity needs warnings of 1988 have come true and flecter for the Sun’s rays, acts to ab- of the entire United States of Amer- more. Now our scientists are revising sorb the Sun’s rays. So the more the ica—six times—from either con- their latest predictions. Only a year ice melts, the warmer the ocean be- centrated solar photovoltaics or solar ago, 2 years ago, they were saying we comes and the faster it begins to con- thermal in Utah, Colorado, California, could sustain 550 parts per million of tinue the rest of the melting. New Mexico, and Arizona, and I think greenhouse gases in the atmosphere. The result is, we begin to change the that is the heart of it. Those approxi- Now they have revised that, not just entire ecosystem in ways that sci- mately six States or so could wind up down to 450, but they are beginning to entists cannot predict completely, but providing us with the base from which talk about 350 parts per million as it has a profound impact on the eco- we could provide that. I am confident being the acceptable level. system. Moreover, it adds to the melt- the technology will move forward. The latest science, regrettably, ing of the Greenland ice sheet. The So I wholeheartedly support, as I shows that Mother Earth is giving us Greenland ice sheet, unlike the arctic have said in the committee, and as I feedback at a rate that is coming at us ice sheet, which floats, and, therefore, have said earlier in my opening com- faster and in a greater degree than any does not change the displacement—the ments, the nominee. I believe Senator of those scientific reports offered. The Greenland ice sheet is on rock. CLINTON is in a position to provide a result is that challenge grows greater, Right now, you can go up there. The historical shift in American foreign not smaller. I regret to say we are Senator from California went up there policy where we reach out to the world emitting greenhouse gases at a rate last summer with a group. You can with the best of our values and the best that is four times faster than it was in stare down a hole 100 feet deep, and you of our thinking and the best of our the 1990s. We are not doing the job. No can see a torrent of a river running hopes and intentions. I think this can other country is either entirely, but we down off that ice into the ocean. Sci- be a moment where we renew Amer- are the worst because we, regrettably, entists are worried that the water ica’s proud role as a global leader, are 25 percent of the world’s global layer underneath the ice actually cre- where we touch the hearts and minds greenhouse gas emissions. Almost ates a potential that a huge block of of people all across the planet, and every country I have talked to in the ice may slide off and fall into the where we have an opportunity to say to last years, as we discuss how we are ocean. future generations, we met our respon- going to deal with this, looks back at The rest of it continues to melt. The sibility. us and says: We are waiting for your implication of the Greenland ice sheet Having said that, the distinguished leadership. melting is that is where you get your majority leader is here and I yield the I have communicated this to Presi- 16 to 23 feet of sea level rise. floor. dent Obama. He has indicated he in- Now, all I can tell you is, all of these The PRESIDING OFFICER. The dis- tends to be serious about it. But the impacts are irreversible—irreversible— tinguished majority leader is recog- latest modeling shows that if you take so we are staring at an abyss of nized. every single current proposal of every irreversibility. The best choice for peo- Mr. REID. Madam President, I appre- country in the world that has a pro- ple in positions of high responsibility ciate the leadership of the chair of our posal—and that is not many—and you like us and public people who make Foreign Relations Committee, Senator extend the curve out in the modeling these choices is the whole pre- KERRY. In the short time he has as- to take all the input of today from the cautionary principle. If we are told we sumed the responsibilities of that most science and measure it against those can avoid it by doing X, Y, and Z, and important committee, he has done a re- current plans, we fall woefully short of the implications of not avoiding it are markably good job, and the best is yet what we need to do in order to meet disaster, we have a responsibility to to come. He mentioned here briefly this challenge. We will see an increase try to avoid it. some of the things he wants to do deal- of somewhere between 600 and 900 parts Now, we have to do this. It means a ing with the scourge we find ourselves per million which is insupportable with fundamental, profound change in our in with global warming, and it is going respect to life as we know it. We will economy. That means shifting our en- to be remarkable, the work he does. see a degree of temperature increase of ergy grid, moving toward solar and re- Madam President, we are moving for- somewhere from 3.5 to 6 degrees centi- newables. People sort of scratch their ward on the vote on the nomination of grade. We have seen exactly what that heads and say: Well, is that kind of Senator HILLARY CLINTON to be Sec- means in terms of the migration of for- dreamy, goo-goo, crazy thinking? The retary of State. ests, the destruction of ocean currents, answer is no. I had a venture capitalist Senator CLINTON is uniquely capable the increase of violent storms, the de- in my office last week who wants to and profoundly prepared to lead our

VerDate Nov 24 2008 04:16 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.038 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S693 State Department at a time of unprece- lead the world with moral strength Bennett Grassley Murkowski dented global challenges, and at a time once again. Bingaman Gregg Murray Bond Hagan Nelson (FL) when quick confirmation of President Madam President, first, we yield Boxer Harkin Nelson (NE) Obama’s national security team is crit- back all time on both sides. Brown Hatch Pryor ical to protect us here at home. The PRESIDING OFFICER. Without Brownback Hutchison Reed Bunning Inhofe We face two wars abroad, a complex objection, it is so ordered. Reid Burr Inouye Risch and unpredictable crisis in the Middle Burris Isakson Mr. REID. Madam President, I ask Roberts Byrd Johanns East, the nuclear ambitions of a vola- unanimous consent that the Senate Rockefeller tile Iranian regime, together with the Cantwell Johnson now vote on confirmation of the nomi- Cardin Kaufman Sanders complexities of dealing with North nation of Senator CLINTON to be Sec- Carper Kerry Schumer Korea. retary of State, with the remaining Casey Klobuchar Sessions Shaheen Senator CLINTON has earned the ad- provisions of the previous unanimous Chambliss Kohl Coburn Kyl Shelby miration and respect of the global com- consent agreement in effect. Cochran Landrieu Snowe munity with her understanding that I would also say this: For all the new Collins Lautenberg Specter our international power must be both Senators and those who may have for- Conrad Leahy Stabenow strong and smart, that the true meas- Corker Levin Tester gotten, we are starting this vote a lit- Cornyn Lieberman Thune ure of our influence is not just the size tle earlier, so we will be lenient here Crapo Lincoln Udall (CO) and strength of our military, but also and not tie down the 15-minute rule. Dodd Lugar Udall (NM) how we use other tools, including di- Dorgan Martinez Voinovich But in the future, we are going to start Durbin McCain plomacy and foreign assistance, to this Congress as we ended the last one. Warner Ensign McCaskill Webb make the world safer and more free. Enzi We are going to have 15-minute votes. McConnell Whitehouse Feingold Menendez Senator CLINTON’s exemplary quali- There will be a 5-minute time period Wicker Feinstein Merkley fications and wise world view were Wyden for people who are late getting here. Graham Mikulski demonstrated in her confirmation But at the end of 20 minutes, the votes hearings, where she showed a tremen- are going to be closed. This will be NAYS—2 dous breadth and depth of knowledge hard on Democrats and hard on Repub- DeMint Vitter on the major foreign policy issues we licans, but it is a lot harder on every- NOT VOTING—2 face in the world today. body waiting around here for these peo- Clinton Kennedy We all remember HILLARY CLINTON’s ple to come to vote. So some people are arrival in the Senate a few short years The nomination was confirmed. going to miss some votes, and I am The PRESIDING OFFICER. Under ago—8 years ago. Some wondered—and sorry about that, but it is better for the previous order, the motion to re- some out loud—whether a former First the body if we have votes that end consider is considered made and laid Lady who had become a favored target when they are supposed to. upon the table. of the rightwing could forge the rela- As soon as this matter is completed Under the previous order, the Presi- tionships necessary to be an effective relating to the confirmation of HIL- dent will immediately be notified of Senator for the people of New York LARY CLINTON, we are going to go back the Senate’s action. State. She answered that loud, and she to Ledbetter. We would hope that the f answered it very clear. Kay Bailey Hutchison amendment in Some questioned whether a person of the form of a substitute, which has LEGISLATIVE SESSION such national and international ac- been offered, can be debated today and The PRESIDING OFFICER. Under claim would put in the time to get to that we can vote on that this evening. the previous order, the Senate will re- know the inner workings of the Senate The PRESIDING OFFICER. Is there sume legislative session. and the nitty-gritty of the legislative objection to the majority leader’s re- Several Senators Addressed the process. She answered that big time. quest? Chair. It took no time for Senator CLINTON The Chair hears none, and it is so or- Mr. DODD. Madam President, I sug- to make believers from those doubters. dered. gest the absence of a quorum. She became an instant favorite of The question is, Will the Senate ad- The PRESIDING OFFICER. The Democrats and Republicans alike, a vise and consent to the nomination of clerk will call the roll. forceful advocate for both smart for- HILLARY RODHAM CLINTON, of New The legislative clerk proceeded to eign policies and domestic policies, and York, to be Secretary of State? call the roll. a remarkably effective student of bi- Mr. KERRY. I ask for the yeas and Mrs. HUTCHISON. Madam President, partisanship. nays. I ask unanimous consent that the order In her time as First Lady of our The PRESIDING OFFICER. Is there a for the quorum call be rescinded. country, serving as an American emis- sufficient second? The PRESIDING OFFICER. Without sary to the world, and then in the Sen- There is a sufficient second. objection, it is so ordered. ate as a member of the Armed Services The clerk will call the roll. f Committee, HILLARY CLINTON built the diplomatic skills and breadth of knowl- The legislative clerk called the roll. LILLY LEDBETTER FAIR PAY ACT edge one needs to be our next Sec- (Disturbance in the Visitors’ Gal- Mrs. HUTCHISON. Madam President, retary of State. She has the full pack- leries) I am prepared to offer my amendment age. The PRESIDING OFFICER. I would to the Ledbetter Act, the Mikulski bill. All but one member of the Senate ask that there not be responses from To proceed, I need to know if that is Foreign Relations Committee voted to the gallery. Thank you. the order of business. approve this outstanding nominee. The clerk will continue with the call Mr. LEAHY. Madam President, I was Democrats and Republicans alike stand of the roll. seeking recognition when the quorum in support of our friend and colleague, Mr. DURBIN. I announce that the call was put in. I am still seeking rec- Senator CLINTON. Senator from New York (Mrs. CLINTON) ognition. Obviously—well, I would just I want spread on the RECORD my ap- and the Senator from Massachusetts note that, that I was— preciation for JOHN MCCAIN coming to (Mr. KENNEDY) are necessarily absent. Mrs. HUTCHISON. Madam President, the floor and saying: Let’s approve her The PRESIDING OFFICER. Are there I had been working with Senator MI- now. He tried to do that earlier today. any other Senators in the Chamber de- KULSKI and the majority leader about I ask all my colleagues to join me in siring to vote? moving to Senator MIKULSKI’s bill and sending the world a clear message that The result was announced—yeas 94, my amendment, which is pending, and we stand behind President Obama and nays 2, as follows: I had offered to allow Senator our new Secretary of State as they pro- [Rollcall Vote No. 6 Ex.] VOINOVICH to speak on that. If the Sen- ceed together to the task of rebuilding YEAS—94 ator has something to intervene, I our foreign policy to be stronger, Akaka Barrasso Bayh would be happy to try to accommodate, smarter, and more able to effectively Alexander Baucus Begich but this is the pending business.

VerDate Nov 24 2008 04:23 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.039 S21JAPT1 jbell on PROD1PC69 with SENATE S694 CONGRESSIONAL RECORD — SENATE January 21, 2009 Mr. LEAHY. Madam President, I ask the Senator from Ohio, whom I crimination to receive justice. That crafted the Ledbetter matter that is promised 12 minutes, whether he would was a mistake when it was advanced by now before the Senate. be able to wait 7 minutes for Senator the Bush-Gonzales et al. Justice De- The PRESIDING OFFICER. That is LEAHY, after which I would turn the partment. It was a mistake when five the pending business. floor over to him before I discuss my Justices on the Supreme Court adopted Mr. LEAHY. Madam President, am I own amendment? the Justice Department’s erroneous in- correct that I was seeking recognition Mr. VOINOVICH. I am more than terpretation of congressional intent. It when the Republicans suggested the happy to do that as long as I have a culminated in an erroneous opinion absence of a quorum, and I was still guarantee that after 7 minutes, I have written by Justice Alito. seeking recognition— a chance to offer my voice about the I understand the Members on the The PRESIDING OFFICER. The Sen- amendment. other side of the aisle introduced par- ator was standing to seek recognition, Mrs. HUTCHISON. Madam President, tisan amendments to the legislation. although the quorum call was placed let me ask whether I could propose They have that right. But it is my be- without objection. this: I move that the Senator from lief that the amendments should be op- Mr. LEAHY. Again, I object to some- Vermont be allowed 7 minutes on what- posed for one simple reason: they are body asking for a quorum call to be ever subject he chooses, after which going to allow illegal pay discrimina- placed, Madam President. Perhaps I the Senator from Ohio would have 12 tion to continue. don’t understand the rules after 34 minutes, after which I would have the We are going to hear that this might years here, but I was the first one seek- floor to speak on my amendment. encourage workers who are being paid ing recognition. less as a result of discrimination to The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there delay filing for equal pay. That argu- ator from Texas has the floor. objection? ment defies logic. Anyone who heard Mrs. HUTCHISON. Madam President, The Chair hears none, and it is so or- I would like to ask the Senator from dered. Ms. Ledbetter’s testimony before ei- Vermont, without relinquishing my The Senator from Vermont. ther the Senate Judiciary Committee or the Senate Health, Education, right to the floor, if there is something f he would like to do that would be Labor, and Pensions Committee knows short, and then we could go back to the LILLY LEDBETTER FAIR PAY ACT that she, like other victims of pay dis- business of the Ledbetter bill. I am OF 2009—Resumed crimination, had no incentive to delay happy to try to accommodate him. The PRESIDING OFFICER. The filing suit. But employers, based on the Mr. LEAHY. Madam President, as I clerk will report the pending business. erroneous interpretation by the Su- said when a similar question was pro- The assistant legislative clerk read preme Court, the activist interpreta- pounded by the distinguished Senator as follows: tion by the Supreme Court, now have a great incentive to delay revealing their from Texas, I wish to speak on the A bill (S. 181) to amend title VII of the Ledbetter bill. Civil Rights Act of 1964 and the Age Dis- discriminatory conduct: blanket im- Mr. REID. Madam President, would crimination in Employment Act of 1967, and munity. the Senator from Texas yield without to modify the operation of the Americans The reality is, many employers do losing her right to the floor? with Disabilities Act of 1990 and the Reha- not allow their employees to learn how Mrs. HUTCHISON. I would be happy bilitation Act of 1973, to clarify that a dis- their compensation compares to their to yield. criminatory compensation decision or other coworkers’. They can hide it and hide Mr. REID. There is a lot of time. We practice that is unlawful under such Acts oc- it and hide it until these women finally are going to be in session as long as curs each time compensation is paid pursu- retire, pray that they never find out ant to the discriminatory compensation de- how they were discriminated against, people want to talk. The issue before cision or other practice, and for other pur- the Senate now is an amendment of- poses. and then say when they are found out: fered by the Senator from Texas. Sen- Oh, my goodness gracious, you should Pending: ator MIKULSKI, who is managing this have filed suit earlier. The fact that we bill, has been trying to get a time as to Hutchison amendment No. 25, in the nature had it all locked up and you couldn’t of a substitute. how long the debate will take on this possibly have known you were being tonight. The distinguished Republican Mr. LEAHY. Madam President, I discriminated against is your fault. leader asked that we try to figure out thank the Senator from Texas, and I These victims have the burden of prov- what amendments are going to be laid especially thank my dear friend from ing the discrimination occurred and down tonight, and we will try to set up Ohio, whom we are going to miss that evidentiary task is only made a series of votes, if necessary, in the around here. more difficult as time goes on. morning. So no one should feel they Madam President, I held a hearing at It seems it is always the woman em- are being cut off. There is plenty of which Miss Lilly Ledbetter testified ployee’s fault. That is wrong. Workers time. We are not going anyplace to- before the Senate Judiciary Com- like Ms. Ledbetter and her family are night. We are on the Ledbetter legisla- mittee. It was one of the most moving the ones hurt by the ongoing dimin- tion. I would hope we could work our hearings we have had. The fact that a ished paychecks, not their employers. way toward a vision of completing this very activist, very Republican Supreme The bipartisan Ledbetter Fair Pay legislation sometime early tomorrow. I Court had basically written new law to Act of 2009 does not disturb the protec- appreciate the Senator from Texas deny her rights was shocking to every- tions built into existing law for em- moving forward with this. body before that committee. ployers, such as limiting backpay in I know the strong feelings of the Sen- I believe we have to pass the bipar- most cases to 2 years. It does not elimi- ator from Vermont about this tisan Lilly Ledbetter Fair Pay Act so nate the existing statute of limita- Ledbetter legislation. It is a legal employers are not rewarded for deceiv- tions. Instead, it reinstates the inter- issue, and he is chairman of the Judici- ing workers about their illegal conduct pretation of when the 180-day time ary Committee. But I hope everyone and maybe signal to the Supreme limit begins to run, an interpretation will be calm and relax. There is plenty Court to stop legislating, and stop that was run over roughshod by the of time for everyone to say whatever being an activist Court, but to uphold Bush administration at its urging by they want tonight. the law as we write it. their appointees on the Supreme Court. Mr. LEAHY. Madam President, I ask One of the Justice Department’s The bill corrects this injustice to allow unanimous consent—and, of course, the roles in our Federal system of govern- workers who are continuing to be Senator from Texas can object and has ment is to protect the civil rights of all short-changed to challenge that on- every right to object—I ask unanimous Americans, including those that pro- going discrimination when the em- consent that I be allowed to continue tect them against discrimination. ployer conceals its initial discrimina- for all of 7 minutes, all on the The Bush administration’s erosion of tory pay decision. Ledbetter bill. longstanding interpretation of our Opponents of the bipartisan Mrs. HUTCHISON. Madam President, antidiscrimination laws has created a Ledbetter Fair Pay Act may raise reserving the right to object, let me new obstacle for victims of pay dis- other excuses. They will no doubt

VerDate Nov 24 2008 04:23 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.042 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S695 claim that somehow trial lawyers will The PRESIDING OFFICER (Mr. NEL- I want Betsy, Mary Faith, and all my benefit, but the reality is the Supreme SON of Florida). The Senator from Ohio grandchildren, to have the opportunity Court in the Ledbetter decision could is recognized. to reach their full potential based on actually lead to more litigation be- Mr. VOINOVICH. Mr. President, I their God-given talents, and not be cause people will feel they have to file rise today in strong support of the constrained by outdated prejudices. premature claims so that time does not Hutchison substitute amendment. Based on the debate so far, I believe run out. Before I discuss the merits of the there is a good deal of agreement be- The Congressional Budget Office has Hutchison amendment, I wish to thank tween Members who support Senator concluded that this legislation ‘‘would Senator MIKULSKI for her commitment HUTCHISON and Members who support not establish a new cause of action for to debate this legislation in a construc- Senator MIKULSKI’s legislation. For ex- claims of pay discrimination’’ and tive manner. As Senator MIKULSKI said, ample, we agree that discrimination ‘‘would not significantly affect the we can disagree, without being dis- based on gender is illegal and wrong. number of filings with the Equal Em- agreeable. We also agree that the dynamics of the ployment Opportunity Commission’’ or I thank the Democratic leader, the modern workplace may make instances with the Federal courts. Senator from Nevada and the minority of such discrimination difficult to de- Congress passed title VII of the Civil leader, the Senator from Kentucky, for tect if the discrimination is reflected Rights Act to protect employees agreeing that we will make our best ef- in pay decisions. against discrimination with respect to forts to return to the tradition here in Unlike when someone is denied a job, compensation because of an individ- the Senate of debating bills and allow- a promotion, or is terminated, pay- ual’s race, color, religion, sex or na- ing amendments to be offered, and re- check discrimination may not be obvi- tional origin but the Supreme Court’s turning things to the point where I ous. The source of our disagreement is Ledbetter decision goes against both think it will enhance the reputation of how to find a solution to address this the spirit and clear intent of our anti- this great body in terms of the body specific issue. discrimination laws. that is looking in on us. I hope this is Before I address the specifics of why It also sends the message to employ- the beginning of a new era here. I think I support Senator HUTCHISON’s amend- ers that wage discrimination cannot be the more we can work together, the ment over Senator MIKULSKI’s legisla- punished as long as it is kept under better they are going to feel about the tion, I believe there are some mis- wraps. future of our country. conceptions about the Supreme Court’s At a time when one-third of private I would also like to thank my col- Ledbetter v. Goodyear decision. Advo- sector employers have rules prohib- league, Senator HUTCHISON, who I know cates of the Ledbetter legislation have iting employees from discussing their is extremely busy in her role as rank- continued to state that passing the pay with each other, the Court’s deci- ing member of the Commerce Com- Lilly Ledbetter Fair Pay Act will re- sion ignores a reality of the work- mittee. Her efforts to draft a solution store the law to what it was before the place—pay discrimination is often in- are commendable. Senator HUTCHISON Supreme Court’s decision. This is mis- tentionally concealed. is in a strong position to speak on leading. In its Ledbetter decision, the The Lilly Ledbetter Fair Pay Act is issues arising from both her substitute Supreme Court clarified a faulty inter- the only bill that gives workers the amendment and Senator MIKULSKI’s pretation of its early decision in time to consider how they have been underlying legislation. As Senator Bazemore v. Friday. The Supreme Court did not change the underlying treated and the time to work out solu- HUTCHISON said in her opening re- tions with their employers. Our bipar- marks, as a young lawyer coming out statute of limitations in title VII. I think it is helpful to understand tisan bill fulfills Congress’s goal of cre- of law school, she experienced the ne- what the Court did in distinguishing ating incentives for employers volun- farious consequences of gender dis- these two cases. The Court’s Bazemore tarily to correct any disparities in pay crimination. In addition, I think her decision held that if an employer’s pay that they find. Most importantly, our experience as a small business owner structure is facially discriminatory, bipartisan bill ensures that employers and the general counsel of a bank pro- that is, the pay structure sets different do not benefit from continued discrimi- vides Senator HUTCHISON with the compensation on criteria like race or nation. unique perspective to understand the gender, then the paycheck is the last I will not support amendments that problems with Senator MIKULSKI’s leg- act of illegal conduct from which the weaken this bipartisan bill. I support islation. 180-day filing period begins. The Court, There is one thing on which we all the ability of all employees to receive rightfully in my opinion, distinguished agree: Gender and other forms of dis- equal pay for equal work. this from the situation in Ms. The Lilly Ledbetter Fair Pay Act is crimination are wrong, illegal, and Ledbetter’s lawsuit. the only bill that gives workers the they should not be tolerated. This de- With Ms. Ledbetter’s lawsuit there time to consider how they have been bate should not be about whether one was not a discriminatory pay structure treated and the time to work out a so- party condones illegal discrimination; in place, but rather allegations of spe- lution with their employers. Our bipar- rather, this debate must focus on how cific acts of discrimination. The Court tisan bill fulfills Congress’ goal of cre- to strike the right balance to address found those discrete acts occurred out- ating incentives for employers volun- the situation in which a person is sub- side the 180-day filing period. I think tarily to correct any disparities in pay ject to an individual act of discrimina- that is an important distinction Mem- they find. I am not going to support tion but through no fault of their own bers should understand. amendments that weaken this bipar- has no way to know about it. Still, as some of my colleagues point- tisan bill. I support the ability of all As I mentioned during my retirement ed out during this debate, specific and employees to receive equal pay for announcement last week, one of the discrete acts of wage-based discrimina- equal work. It comports completely reasons I decided to retire in 2 years tion may be very difficult to detect with what we learned in the Judiciary was the desire to spend more time with within the 180-day filing period pro- Committee. my family. I am the proud father of a vided under title VII. This could lead I applaud the Senator from Mary- daughter, Betsy, who graduated as a to situations in which an employer es- land. I applaud her cosponsors. I am member of Phi Beta Kappa. When she capes liability simply because the per- proud to be one of them. was growing up, I said: Honey, the sky son did not know that a discriminatory Ms. MIKULSKI. Before the Senator is the limit for whatever you want to act took place. from Ohio speaks as agreed upon, I do. In such a situation, the 180-day filing thank the chairman of the Judiciary In addition to my daughter Betsy, I rule appears to reward bad behavior Committee for his compelling remarks have seven grandchildren, and six of and harm the person facing the illegal and steadfast support for women gen- them are girls. I have said the same discrimination. I agree with Senator erally and certainly for his long- thing to them: The sky is the limit. My MIKULSKI that under this situation a standing advocacy that women should oldest granddaughter, Mary Faith, is 12 strict 180-day filing rule is unfair. be paid equal pay for equal or com- years old. One of these days, she is As one of my colleagues supporting parable work. Thank you very much. going to be out in that business world. the Ledbetter legislation pointed out,

VerDate Nov 24 2008 02:43 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.043 S21JAPT1 jbell on PROD1PC69 with SENATE S696 CONGRESSIONAL RECORD — SENATE January 21, 2009 the Supreme Court, in TRW v. Adelaide Unfortunately, the Ledbetter legisla- the recommendations of our mutual and in an opinion authored by Justice tion would swing the pendulum com- leadership, which was to debate the Ginsburg, interpreted a statute of limi- pletely in the opposite direction and Hutchison substitute tonight but to get tations arising under the Fair Credit create an open-ended legal liability as many amendments laid down to- Reporting Act as starting ‘‘from the that could expose businesses, the very night as we can. The Senator from date on which the liability arises.’’ Un- entities we need to help us lift our Pennsylvania has two amendments he derstanding this could unduly penalize economy out of this recession, to ex- wants to offer. So I agree with the plan victims of identity theft, Congress en- pensive new legal liabilities. of laying aside the Hutchison sub- acted a fix as part of the Fair and Ac- While this may not be good for insur- stitute, having the Senator from Penn- curate Credit Transaction Act of 2003. ance companies who write policies and sylvania, Mr. SPECTER, offer his This fix extended the relevant statute trial lawyers who bring lawsuits, I do amendment, and at such time we will of limitations based on the ‘‘discovery not believe the legislation is sound return to our robust debate on the by the plaintiff’’ of the impermissible public policy. Hutchison substitute and, hopefully, conduct. Finally, I want to address a related we can get a regular order going back Unfortunately, this is not the ap- issue before I yield the floor. Besides and forth. proach the Ledbetter legislation takes. disagreeing on the solution to the Mrs. HUTCHISON. Mr. President, I Rather, it would adopt a rule allowing issues created by the Ledbetter deci- think that is a good plan. I appreciate for the filing of lawsuits 180 days after sion, Senator MIKULSKI’s legislation the accommodation of the Senator the last paycheck issued by the em- did not go through the HELP Com- from Maryland. ployer that was affected by a discrimi- mittee during this Congress. The PRESIDING OFFICER. The Sen- natory act, even if it was a single act While I understand the HELP Com- ator from Pennsylvania. that occurred many years ago. Thus, mittee held one hearing on the AMENDMENT NO. 26 the Ledbetter legislation could allow Ledbetter bill during the 110th, this (Purpose: To provide a rule of construction) for the filing of lawsuits long after hearing occurred before Senator Mr. SPECTER. Mr. President, I call someone knew they were subject to a HUTCHISON introduced her legislation, up amendment No. 26. discriminatory act, effectively elimi- which is now before us as the pending The PRESIDING OFFICER. The nating the statue of limitations from amendment. As a result, the Senate is clerk will report. title VII in many cases. left without the wisdom of having tes- The legislative clerk read as follows: As the Supreme Court noted in its timony and information comparing the The Senator from Pennsylvania [Mr. SPEC- Ledbetter decision, statutes of limita- different approaches. TER] proposes an amendment numbered 26. tions serve an important policy of While I understand sometimes it is The amendment is as follows: repose in our justice system. Under necessary to bypass committees, the (Purpose: To provide a rule of construction) American legal principles, it has long Senate has started to bypass the com- Strike the heading for section 6 and insert been public policy that a person should mittee process too frequently. So the following: not be called into court to defend often, as a result of that committee SEC. 6. CONSTRUCTION. Nothing in this Act or any amendment claims that are based on conduct long process, compromises can be worked made by this Act shall be construed to pro- past. out so once the bill is out of committee hibit a party from asserting a defense based As many of my colleagues who have in many instances you can get a UC on waiver of a right, or on an estoppel or practiced law know, it can be very dif- and get that legislation passed, or at laches doctrine. ficult to mount a defense in cases in least people have had a chance to talk SEC. 7. EFFECTIVE DATE. which the underlying conduct occurred about it in terms of some compromise. Mr. SPECTER. Mr. President, I agree long ago because witnesses are difficult So I am glad to be involved in this with the underlying approach that to locate, memories fade, and records debate, but I believe the Senate and women ought to receive equal pay for are not maintained. In Ms. Ledbetter’s our Nation would be better served if comparable work. I voted for cloture case, the supervisor accused of the mis- the Senate got back into the habit of on the Ledbetter bill in the last Con- conduct died by the time of the trial. taking up legislation after it has gone gress. I had been a cosponsor of the Yet under the approach taken by the through the relevant committee. In bill. I had not cosponsored the legisla- Ledbetter legislation, defendants could fact, I believe if these two legislative tion this year because of my interest in potentially find themselves facing law- proposals had been discussed in the making two changes I think would im- suits that are years, if not decades, old. HELP Committee, the committee prove the legislation and would reduce Because she recognizes that pay- might have crafted a compromise bill the opposition. check discrimination may not be obvi- that had the support of most, if not all, I begin by congratulating Senator ous in the modern workplace and that of my colleagues. MIKULSKI and Senator ENZI for the very a bad actor should not benefit from Mr. President, I yield the floor. important work they have done. I con- hiding such discrimination, Senator The PRESIDING OFFICER. Under gratulate Senator HUTCHISON on the HUTCHISON crafted a sensible com- the previous order, the Senator from amendment she has offered, the sub- promise. Under the Hutchison amend- Texas is recognized. stitute. I intend to support her amend- ment, a person could bring a claim Mrs. HUTCHISON. Mr. President, I ment. under title VII within 180 days after ob- appreciate very much the remarks of The time when the statute of limita- taining knowledge or information that the Senator from Ohio who has much tions begins to run is when the em- the person is the victim of discrimina- the same feeling about this I do. He ployee knew or should have known. I tory conduct. In other words, you don’t wants to protect the employee who has think that is fair. I think it is reason- start the 180-day statute of limitations known discrimination but also know- able to say to an individual where you until the person knows or has reason- ing that a business or small business are being discriminated against, and able suspicion that she is subject to a needs to know what the liability might you know about it, or you should, in discriminatory wage. But once you be and, hopefully, correct it if the noti- reasonable diligence, know about this. know you have been discriminated fication is given in a timely way. This is a standard used in the law in against, then it is your obligation to So I would look forward to talking many areas: actual knowledge or con- bring that to the attention of the about my amendment. At this time, I structive knowledge, where somebody EEOC and start the process to obtain ask unanimous consent that my should have known. That is fair to say, relief. amendment be set aside in order for at that point a person is on notice, By allowing a person to bring a claim Senator SPECTER to be able to offer they ought to begin their lawsuit. It is from 180 days after the discriminatory amendments, after which then Senator fair for the statute of limitations to conduct is discovered, Senator MIKULSKI will have the floor. Then begin running at that time to give the HUTCHISON’s amendment stops bad ac- when we get back to my amendment, I defendant a fair opportunity to know tors from benefiting, and addresses would like to debate my amendment. about it. many of the concerns many of my col- Ms. MIKULSKI. Mr. President, I The amendment I have offered is leagues raised. thank the Senator. We wish to follow hand in glove with the concept of

VerDate Nov 24 2008 04:23 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.023 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S697 ‘‘should have known,’’ that is, or ac- SEC. ll. LIMITING APPLICATION TO DISCRIMI- Now, of course, in listing all of these tual knowledge, actual or constructive, NATORY COMPENSATION DECI- items, if this amendment is defeated, I SIONS. to provide that the defendant will have (a) FINDINGS.—In section 2(1) of the Lilly know lawyers will be citing this argu- the defense based on waiver or estoppel Ledbetter Fair Pay Act of 2009, strike ‘‘or ment to say, well, if the amendment of- or laches. Waiver means you take an other practices’’. fered by ARLEN SPECTER was defeated, affirmative act and say: I do not want (b) CIVIL RIGHTS ACT OF 1964.—In section it must mean that all of those other to assert my rights. That is a waiver. 706(e) of the Civil Rights Act of 1964 (as practices are included, and then some, Estoppel means you are estopped from amended by section 3), strike subparagraph which is not my intent. But I do be- bringing the defense because of some (A) of paragraph (3) and insert the following: lieve it would be a crisper bill, and we ‘‘(A) For purposes of this section, an un- conduct on your part which precludes lawful employment practice occurs, with re- would know exactly what we are talk- you from bringing the action, or es- spect to discrimination in compensation in ing about. topped. You are estopped from bringing violation of this title, when a discriminatory Again, I say if anybody wants to in- the claim. And laches means too much compensation decision is adopted, when an clude other practices, so be it. time has passed, that you are barred by individual becomes subject to a discrimina- Mr. President, I was advised that the time. These are equitable doctrines tory compensation decision, or when an indi- senior Senator from Illinois was going which have more flexibility as opposed vidual is affected by application of a dis- to be here at 5:15. I want the RECORD to to a specific date. The essence of these criminatory compensation decision, includ- show that I finished my comments 1 ing each time wages, benefits, or other com- minute early so as to allow the man- defenses of waiver, laches, and estoppel pensation is paid, resulting in whole or in was articulated in the dissenting opin- part from such a decision.’’. ager to maintain her commitment. ion of Justice Ginsburg. She disagreed (c) AGE DISCRIMINATION IN EMPLOYMENT The PRESIDING OFFICER. The as- in the 5 to 4 decision which precluded ACT OF 1967.—In section 7(d) of the Age Dis- sistant majority leader. women from claiming equal pay. She crimination in Employment Act of 1967 (as Mr. DURBIN. Let me thank the Sen- said that women ought to be able to amended by section 4), strike paragraph (3) ator from the Commonwealth of Penn- claim equal pay and employers have a and insert the following: sylvania for his gracious acknowledg- ‘‘(3) For purposes of this section, an unlaw- fair right to defend if they can assert ment of my opportunity to speak on ful practice occurs, with respect to discrimi- this legislation. I look forward to these defenses. nation in compensation in violation of this So this is what Justice Ginsburg said: Act, when a discriminatory compensation working with him. I hope we can get Allowing employees to challenge dis- decision is adopted, when a person becomes this passed. crimination ‘‘that extends over long subject to a discriminatory compensation Let me tell you what the issue is. periods of time,’’ into the charge-filing decision, or when a person is affected by ap- Fundamentally, it is just basic. In the period, does not leave employers de- plication of a discriminatory compensation case of Lilly Ledbetter, here is what it fenseless against unreasonable or prej- decision, including each time wages, bene- is coming down to: Should women be fits, or other compensation is paid, resulting paid the same for work as men? That is udicial delay. Employers disadvan- in whole or in part from such a decision.’’. taged by such delay may raise various it. That is the basic question. Mr. SPECTER. Mr. President, the es- defenses. Doctrines such as ‘‘waiver, es- Lilly Ledbetter was a lady who sence of this amendment is to strike toppel, and equitable tolling’’ ‘‘allow worked at the Goodyear Tire plant in the term ‘‘or other practices.’’ The core us to honor Title VII’s remedial pur- Gadsden, AL. You do not expect to find issue here is pay, and that is what I pose without negating the particular a lot of women working in a plant like think we ought to deal with. purpose of the filing requirement, to that, do you? She went on to the mana- There are objections to this bill on give prompt notice to the employer.’’ gerial part of the plant, which meant the grounds that it is a lawyers bo- she was on her way up in the manage- So what Justice Ginsburg lays out nanza and will allow a lot of litigation. are the defenses which the employers rial ranks. She worked there for years, Well, I do not think that is a sound ar- 19 years, and at the end of the 19 years would have in any event, but in putting gument, but I think there is merit in it into the statute, it makes it conclu- when she was near retirement, some- specifying that this legislation is body said: Lilly, did you realize all of sive. I think it is good so that you do aimed at pay, and if you talk about not have an argument as to whether these years you were working there other practices it is going to produce a that men who had the same job you did employers have these defenses. It al- lot of litigation because there is no def- lows the plaintiff to bring the claim, were being paid more than you? inition of what the ‘‘other practices’’ She said: That is not right. That and allows a reasonable defense by the means. can’t be true. employer. For example, other practices might She checked it out, and it was true. Mr. President, I now ask unanimous be promotion, might be hiring, might All those years she had the same job consent that the Hutchison amend- be firing, might be training, might be classification, the same job responsibil- ment and my amendment be set aside territorial assignment, might be trans- ities, and she was paid less. so that I may lay down a second and fer, might be tenure, might be demo- She said: It is not fair. I think I final amendment. tion, place of business reassignment, ought to receive compensation because The PRESIDING OFFICER. Without might be discipline. All of these are the company basically discriminated objection, it is so ordered. possibilities when you talk about against me just because I am a woman. AMENDMENT NO. 27 ‘‘other practices.’’ I do not purport to She takes her case and files it. In most Mr. SPECTER. Mr. President, I now be making an exhaustive list. Those cases, it is a pretty simple situation. call up amendment No. 27. are only some of them, the possibilities What was the job; what did it pay. Did The PRESIDING OFFICER. The on what might be included in other you pay women less than you paid clerk will report. practices. When talking about pay, you men? These are basic fact questions. The assistant legislative clerk read know what you are talking about. Now, Then it made it all the way across the as follows: if it is the objective of the drafters of street to the U.S. Supreme Court. Then the bill to cover promotion or to cover nine Justices sat down to take a look The Senator from Pennsylvania [Mr. SPEC- hiring or to cover firing, fine; let’s say TER] proposes an amendment numbered 27. at the Ledbetter case. The Chief Jus- so. If there is an intent to cover any of tice of the Supreme Court, John Rob- Mr. SPECTER. Mr. President, I ask these other specific items, let’s con- erts, and Sam Alito, a recent appointee unanimous consent that the reading of sider that. Let’s make an evaluation as by the Bush administration to the Su- the amendment be dispensed with. to whether that is a practice which re- preme Court said: We are sorry, Ms. The PRESIDING OFFICER. Without quires remedial legislation. But in Ledbetter. You cannot recover for this objection, it is so ordered. order to have ‘‘other practices,’’ I discrimination. The amendment is as follows: think we have the potential of reaching She said: Why? (Purpose: To limit the application of the bill a quagmire and have a lot of litigation They said: Well, you should have dis- to discriminatory compensation decisions) about what the intent was of Congress, covered this and reported it the first At the appropriate place, insert the fol- a lot of questions as to what we intend time you got a discriminatory pay- lowing: to do. check. The first time you were paid

VerDate Nov 24 2008 02:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.046 S21JAPT1 jbell on PROD1PC69 with SENATE S698 CONGRESSIONAL RECORD — SENATE January 21, 2009 less than a man who had the same job, Senator HUTCHISON of Texas comes I salute Senator MIKULSKI for her you had 180 days from that point. When with an amendment. I am sure it is a leadership and urge my colleagues to that different paycheck was given, you well-intentioned amendment, and I am oppose the Hutchison amendment and had to file your claim. sure she is not going to defend pay dis- to pass the underlying bill. Of course, common sense and life ex- crimination. I am sure she doesn’t Now I will quote a newspaper from perience would tell you that most peo- stand for that; none of us do. But she Chicago which occasionally endorses ple at work don’t know what their fel- adds a provision, and I wish to make me but not very often, the Chicago low employee is being paid. Lilly sure I have the language right because Tribune, no hotbed of liberalism. When Ledbetter didn’t know. She didn’t it is important we take it into consid- they read the Ledbetter decision from know for 19 years that the men work- eration. She says her amendment the Supreme Court, they said: ing right next to her were being paid would only permit a victim to bring a The majority’s sterile reading of statute more than she. But the Supreme Court discrimination claim if she ‘‘did not ignores the realities on the ground. A woman said: Sorry, Lilly Ledbetter. Darn have, and should not have been ex- who is fired on the basis of sex knows she has shame, but you should have filed this pected to have, enough information to been fired. But a woman who suffers pay dis- claim years ago. The fact that you are support a reasonable suspicion of such crimination may not discover it until years still being paid a discriminatory wage discrimination.’’ On its face it sounds: later, because employers often keep pay doesn’t work because you had 180 days scales confidential. The consequences of the What is wrong with that? What is ruling will be to let a lot of discrimination from the first time they sent a dif- wrong with that is now Lilly Ledbetter go unpunished. ferent paycheck to a man than a and people such as she have a new bur- Those who vote against the woman to file your claim, and you den of proof. They have to prove to the Ledbetter bill or vote for the didn’t do it. You are out of court. court they had no reason to suspect Hutchison amendment will allow a lot Thanks for dropping by. End of case. their employer was discriminating of discrimination in America to go I look back at these Supreme Court against them. It becomes subjective. It unpunished. President-elect Obama has Justices’ answers when they appeared becomes difficult. It adds another hur- said that passing this bill as one of the before the Senate Judiciary Com- dle. Why would we assert this hurdle? earliest items in his new administra- mittee. I particularly remember Chief If anything happened yesterday in tion is part of an effort to update the Justice Roberts because he was the Washington, DC, it was an announce- social contract in this country to re- most impressive witness I had ever ment of change in this town and in this flect the realities working women face seen. He sat there for days and an- Nation. With the election of Barack each day. swered every question without a note Obama as President, many of us believe I urge my colleagues to help update in front of him. He is a brilliant man. we are going to start standing up for the social contract with this new ad- He made a point of saying: I feel like a folks who haven’t had a fighting ministration and this new day in Wash- Supreme Court Justice is an umpire. chance for a long time. People who are ington. Let us, after we have cleaned I’ll call balls and strikes there. I am being discriminated against in the up the mall and all the folks have gone not supposed to make up new rules for workplace, folks such as Lilly home, not forget why we had that elec- the ball game. I’ll watch the pitches Ledbetter, who spent a lifetime getting tion, made that decision as a nation, coming in, and I’ll call balls and less pay than the man right next to and why America is watching us to see strikes. her, are going to have their day in if our actions will be consistent with This is a foul ball. This decision by court, a chance to be treated fairly. our promises. that Supreme Court ignores the reality That is what this bill says. That is why I yield the floor. of the workplace today. I asked Sen- Senator MIKULSKI’s leadership is so im- Mrs. HUTCHISON. Mr. President, is ator MIKULSKI, who is leading our ef- portant. the pending legislation my substitute fort, what is the basic discrimination We are saying to the Supreme Court, for the Mikulski bill? between men and women in pay today? wake up to reality. You don’t know The PRESIDING OFFICER. The She said it is about 78 cents for the what the person next to you is being pending amendments are the two Spec- woman and a dollar for the man. As a paid. They don’t publish it on a bul- ter amendments. father of daughters and sons, I think letin board. Maybe they do for public my daughters should be treated as fair- employees such as us, and that is right. AMENDMENT NO. 25 ly as my son. If they do the same work, But in the private sector, that doesn’t Mrs. HUTCHISON. Mr. President, I they ought to get the same pay. What happen. That is what this is all about. ask unanimous consent that the Senator MIKULSKI says in her basic bill, That is what the battle is all about. Hutchison substitute be laid on the the Lilly Ledbetter Fair Pay Act, is we Senator HUTCHISON comes here and table and be the pending business. are not going to allow the Supreme says: Here is another thing Lilly The PRESIDING OFFICER. Is there Court decision to stand. It makes no Ledbetter should have had to prove; in objection? sense. If the company is continuing to her words, Lilly Ledbetter would have Ms. MIKULSKI. Reserving the right discriminate against you in its pay- been required to prove that she should to object. check, that is good enough. You ought not have been expected to have enough Mrs. HUTCHISON. Mr. President, it to be able to go to court, not the fact information to support a reasonable was my understanding that when Sen- that the discrimination started 10 suspicion. ator SPECTER laid aside my amend- years ago, 12 years ago, and you didn’t I think it goes too far. We ought to ment, we would return to my amend- know about it. look at the obvious. If a person is a vic- ment, my substitute, after his two Basically, in the law, we have this tim of discrimination, once they have amendments had been offered. That matter called the statute of limita- discovered those facts and assert those was what we intended and that is what tions. It says you get a day in court in court, they should have compensa- I was trying to restore. but only for a window of time for most tion. Employers ought to be given no- Ms. MIKULSKI. I believe that clari- things. If you don’t go to court in that tice nationwide that we want people to fies it. I concur. I withdraw my res- window, you don’t get to go. You are be treated fairly, Black, White, and ervation of objection. finished. But we make an exception in Brown, men and women, young and old, The PRESIDING OFFICER. Without most cases for what is known as fraud when it comes to job responsibilities. If objection, it is so ordered. The amend- and concealment. If the person guilty you do the work, you get the pay. If ment of the Senator from Texas will be of the wrongdoing has concealed what you get discriminated against because the pending business. they are doing and you don’t know it, your employer is secretly giving some- Mrs. HUTCHISON. I yield 10 minutes you can’t say the time is running. It body more for the same job, you will to the Senator from Alaska. doesn’t run in that circumstance be- have your day in court. The PRESIDING OFFICER. The Sen- cause there is concealment. In this I think it is pretty American, the ator from Alaska. case, there is clearly a situation where way I understand it. It gets down to Ms. MURKOWSKI. Mr. President, I you don’t know what your fellow em- the basics of what this country is all rise to speak in support of the ployee is being paid. about. Hutchison substitute amendment to

VerDate Nov 24 2008 02:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.048 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S699 the Lilly Ledbetter Fair Pay Act. I do Ledbetter. The supervisor who made that it is fairly easy to prove the piece believe this substitute amendment the original discriminatory decision of information that led the employee strikes a fair balance in ensuring that about her wages died before she could to file the complaint was not available employees can be relieved of discrimi- even file her complaint. He wasn’t even to him or her earlier. nation. I wish to say, at the outset of available to be questioned or cross-ex- I believe the substitute amendment my comments, I am very pleased we amined. How can the EEOC find out we have before us strikes the right bal- are able to offer amendments to this the truth, if the records were lost that ance in ensuring that employees can be legislation. I do intend to work with show a woman or a minority or senior relieved of discrimination. It recog- my colleagues to craft and support any or disabled person’s first paycheck was nizes employees often do not know other amendments that I believe will inordinately lower than the first pay- their pay is different from their col- improve the legislation before us. check of his or her peers? leagues. It recognizes it is not always Before speaking directly to the So Senator HUTCHISON’s amendment obvious that a pay disparity is based Hutchison substitute, I wish to make ensures that this clock does not start on discrimination. very clear one point: Discrimination running on the 180-day statute of limi- For those reasons, I have cosponsored because of an individual’s gender, eth- tations until an employee finds out this amendment by my colleague, Sen- nicity, religion, age or disability can- about, or could reasonably be expected ator HUTCHISON, and I urge my other not be tolerated. No American should to suspect, the possibility of discrimi- Senate colleagues to support it. be subject to discrimination. If they nation. It ensures that workers can With that, Mr. President, I yield the are, they have the right to the law’s hold their employers accountable for floor. full protection. pay discrimination. The PRESIDING OFFICER. The Sen- The heart of the Supreme Court’s Now, some have argued—or some will ator from Texas. Ledbetter decision is the ruling that argue—Senator HUTCHISON’s amend- Mrs. HUTCHISON. Mr. President, I the law requires an employee to file a ment would institute an unfair dis- thank the Senator from Alaska for her complaint within 180 days of when the covery rule. They argue it will force support of my amendment. discriminatory intent is first activated employees to file before they are sure I wish to lay out my amendment one by paycheck. Last year, I had the op- of discrimination, when they may most more time, and then the long-suffering portunity to speak with Lilly fear retaliation. But I disagree. Sen- and ever-patient Senator from Mary- Ledbetter. I know she made a visit to ator HUTCHISON’s amendment says the land will have the chance to rebut. She many offices. I had a good conversa- clock starts when the employee ‘‘did has been so wonderful about making tion. I believed her when she told me not have, and should not have been ex- sure everyone got a chance to speak she didn’t know her wages were lower pected to have, enough information to and knowing we would still be here to than those of her male colleagues. I support a reasonable suspicion of such debate this amendment, and then set- agreed it is often very difficult, per- discrimination, on the date on which ting a time agreement for the vote to- haps impossible, to know how one’s the alleged unlawful employment prac- morrow, when the leaders have made wages compare with another employ- tice occurred.’’ It does not say the em- that decision. ee’s, and that even if an employee does ployee must file when they have a This is such an important issue. As know that he or she is being paid less, hunch. It says a ‘‘reasonable sus- the Senator from Alaska has said, and that often it is very difficult to know picion.’’ really everyone has said, we all want to for sure that the reason for the dis- Opponents of this amendment may make sure we give every opportunity parity is discrimination. also contend that the Lilly Ledbetter to a person who has faced discrimina- The best solution to this problem, Fair Pay Act simply restores the pay- tion in the workplace to be able to though, is not necessarily to restart check accrual rule that was in place have a redress of that discrimination. the clock at each paycheck. I believe before the Supreme Court decision and The law, as it is today, gives 6 the best solution is to clarify that if that a discovery rule would be a new months for a person to be able to go the employee did not know about the hurdle for employees to deal with. forward to the EEOC, and then later to discriminatory action at the time it Again, I disagree with this. Prior to the courts, to say there has been an act was supplied or could not have reason- the Supreme Court’s Ledbetter deci- of discrimination. Now, most of the ably suspected discrimination, the sion, the EEOC applied, through regu- time it is easy for an employee to know clock starts when that knowledge is lation, the concept—many attorneys when a cause of action occurs. If it is available to the employee or when it is are familiar with it—of ‘‘equitable toll- age discrimination and someone has reasonable for the employee to have ing.’’ This concept basically means been demoted; if it is a firing, of known of the discrimination. that a plaintiff may proceed with a course; any lessening of duties or re- It is also reasonable to require that complaint notwithstanding missing a sponsibilities, that is a signal that per- an employee file a complaint in a time- deadline if the employee did not know haps there is some discrimination of ly manner, once that knowledge or he or she was being discriminated some kind—whether it be based on age that suspicion is available. The against. or gender or whatever might be al- Hutchison substitute is a good fix to The Hutchison amendment actually leged. the Ledbetter decision. Her amend- strengthens that familiar, often used The harder issue is pay, there is no ment not only recognizes that many legal concept that protects employees’ question because most people do not employees do not know what their col- rights by putting it in the statute. talk about what they make around the leagues are being paid or that any dis- Opponents of placing a so-called dis- water cooler or in the break room. parity is due to discrimination, the covery rule in the law also allege it Most people hold that close because Hutchison substitute amendment would lead to confusion in the courts. there are many factors that go into would also restore the reasonable re- They call it an unclear and untested pay. Because of that, it is harder to do quirement that the employee file a rule. Again, I would disagree. The the fair thing. That is what I am trying complaint in a timely manner. EEOC and the courts are quite familiar to do with my amendment, to make We all know memories have a tend- with the concept of equitable tolling, sure there is a fair opportunity for an ency to fade away. Paperwork may be and there is substantial case law in employee to have the right of redress lost or thrown away. People leave jobs. which it has been applied. and also a fair opportunity for the per- Requiring an employee to file a timely Opponents also claim a discovery son in business to know if there is a li- claim benefit benefits the employee in rule will force plaintiffs to prove a neg- ability or a mistake. pressing his or her claim. How can the ative—that the employee should not be If the Mikulski bill passes, one would Equal Employment Opportunity Com- expected to have known about the dis- be able to sit on a claim because it mission investigate a claim of dis- crimination—before they even get to would not matter if the person should crimination and find the truth, if the the question of whether there was dis- have known of the alleged discrimina- discriminating supervisor has retired, crimination. I believe it is fairly easy tion. They can pick their time, and it moved away or, perhaps, even died? to prove that one did not have access could be months, years, decades after a That is what happened to Lilly to the pay records of other employees, discrimination has occurred. This is a

VerDate Nov 24 2008 02:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.049 S21JAPT1 jbell on PROD1PC69 with SENATE S700 CONGRESSIONAL RECORD — SENATE January 21, 2009 problem because the employer has to know this right was accumulating and stitute does achieve that balance. I be able to have an opportunity to could result in a catastrophic effect on hope very much we can work this into mount a legitimate defense with a small business—when if the em- a bill that all of us can support for peo- records that would be kept, with wit- ployee, when he or she suspected, ple who have certainly known discrimi- nesses who would come forward, with brought forward this claim, perhaps it nation, as I have, and for people who memories that would be fresh, to give could be settled right then and there so want to make sure their children and the employer the right to know what everyone wins. grandchildren don’t face discrimina- the liability is and be able to have wit- So I hope we can work on this bill so tion, as well as for those who wish to nesses or the person who is accused we do give fairness to both sides in a make sure we don’t discriminate there to make the other side of the legal case. We wish to have the right of against that small business owner who case. the employee to come forward when is all of a sudden, after 10 or 15 years, In pay discrimination, what we are that person knew or should have maybe looking at a liability that they doing in my substitute is basically set- known within 6 months of that right didn’t know about, couldn’t prepare for ting a standard that will be uniform accruing; and we need to have the right because they don’t know about it; across the country, in all courts. It is for the business to be able to have evi- maybe it is a mistake and maybe it what the Supreme Court has said dence, records, witnesses, and fresh could be corrected if we keep that stat- should be the test. In some districts, memories to mount an effective case in ute of limitations that would say a per- the court will say: Well, let’s hear from defense if they are going to rebut the son knew or should have known can the employee why she did not know or charge. That is one part of the sub- have 6 months to file a claim so there why he did not know. If the court says: stitute. can be an equitable, judicial remedy Well, I think that is reasonable— The other part is, I think, also very for this potential claim. maybe there is a policy in the company important; and that is that in the bill Mr. President, I yield the floor. that if you talk about your salary, that before us there is a major change in The PRESIDING OFFICER. The Sen- is grounds for firing. Now, that would common law and in tort law that has ator from Maryland is recognized. be a very strong presumption for the also been a part of our legal system Ms. MIKULSKI. Mr. President, I employee that maybe they were in the and our case law since the beginning of yield the floor to the Senator from dark. So we want that employee to law in our country and in other coun- Maryland for such time as he may con- have the right to say there is no way I tries that have the types of laws we do; sume. He has been a longstanding advo- could have known. There was a policy and that is that a tort accrues a right cate for women. He is a current mem- against it. But we need to have that to the person who is offended or dam- ber of the Judiciary Committee. He standard across the board in every dis- aged or hurt by another action. It does was the Speaker of the House in Mary- trict. Some courts will do it, but not not accrue to another person who is af- land. He was a member of the House of Representatives, and now is a member every court will do it, which is why my fected by or might be considered af- of the Senate Judiciary Committee. He substitute amendment is needed, be- fected by this claim. is a real leader and I think we can look cause we need every employee to have Now, there are exceptions to that. But in the main, it is, I think, essen- forward to a thoughtful presentation. the ability to make the case that per- The PRESIDING OFFICER. The Sen- tial, if we are going to have a statute son could not have known. ator from Maryland does not control Now, the distinguished assistant ma- of limitations that goes beyond the act the time. jority leader said that puts the em- itself—and in this case it would be 6 The Senator from Maryland is recog- ployee with the burden of proof. Well, months, which is the law today—that nized. the employee is the plaintiff. The it accrue to the person actually in- Mr. CARDIN. Mr. President, let me plaintiff always has the burden of proof jured, the employee, and not some first thank my colleague from Mary- in our legal system. We would cer- other person on behalf of the person land for giving me the opportunity to tainly—if it were something that would who did not bring the case. speak, but also to thank her for her ex- make a difference to the Senator from Under the Mikulski bill, the traordinary leadership on behalf of Maryland or the Senator from Illinois; Ledbetter Act, a new right has been gender equality in our Nation. Senator if it would make a difference that we given to a person who may not be the MIKULSKI is no stranger to this issue. would establish a rebuttable presump- person with the injury. So it could be a She has fought her entire life on behalf tion that would favor the employee but case where the person dies after work- of equality for all people in this coun- be allowed to be rebutted by the em- ing at a place of employment, a busi- try. From her days as a social worker ployer—we could talk about that, and I ness. The person dies, and within 6 to her service on the City Council of would be open to that suggestion. months of that person’s last paycheck Baltimore and now to the Senate, she But the plaintiff bringing the case in and subsequent death, some other per- has been our leader on speaking out for our system does have the burden of son—an heir, a child, a mother, a fa- what is right on behalf of women, on proof. What we want is to assure that ther—could bring a case, which the per- behalf of all of the people of our Na- responsibility is codified in the law, son who has allegedly been discrimi- tion. So I thank Senator MIKULSKI very that it is codified so that person has nated against chose not to bring or did much for everything she has done, not the right, but also the responsibility to not bring. In such an absurd case, pos- just on this issue but on so many issues press a claim. This is the important sible under the Ledbetter bill, you do that affect equality for the people of part of the substitute that says we not even have the person discriminated our country. want the right of the employee to be against to testify. I think this is a very This has been an extraordinary week. able to say they did not know, and big hole in the concept of fair play that On Monday we celebrated the life and why, and give courts the chance to our legal system tries to provide. By legacy of Dr. Martin Luther King, Jr. apply a standard that would be set for saying ‘‘other affected parties,’’ I think Dr. King had a dream that everyone in everyone in this country to have the we have opened up a whole new right this country would have the equal op- right to press the claim if they did not and possible class of plaintiffs that has portunity of this great land, regardless know. not been contemplated before and of race, religion, sexual orientation, or On the other hand, the reason we could achieve an inequitable result. gender. He had a dream. Then, yester- have statutes of limitations—and we So I hope very much that people will day, we saw this Nation take a giant have had since the beginning of law in look at my substitute and try to get to step forward in reaching that dream this country, and in other civil law the same end Senator MIKULSKI and I with the inauguration of Barack countries—is that the defendant does both want, by trying to shape the legis- Obama as the 44th President of the have a right to be able to make the de- lation so that it keeps the fairness in United States. We can take another fense and be able to anticipate what the process for a person who claims a giant step forward now by passing the the liability might be. A small business discrimination and a person in the legislation that my colleague from that has a person come forward who business that has hired this person to Maryland is bringing forward, the Lilly has a claim from 10 years ago, and they have a fair right for a defense. That Ledbetter Fair Pay Act. It is so impor- did not know the employer did not should be our goal. I think my sub- tant that we do this.

VerDate Nov 24 2008 02:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.050 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S701 Let me give my colleagues some of into the Hutchison substitute amend- search funding because we have worked the facts. They know this, but it is ment, I wish to clear up two mis- together, and I could give example worth repeating. Today in the work- conceptions. The first misconception is after example. place women are being discriminated that there have been no hearings on I also wish to acknowledge that the against. On average, women make 77 this bill; somehow or another this is a Senator from Texas herself was dis- percent of what a male makes for the fast-track, jerry-rigged, gerrymandered criminated against in the workplace. same work. That is unacceptable and process. That couldn’t be further from Maybe later on in the debate she will inexcusable. We need to change that. the truth. share her own very compelling personal Lilly Ledbetter worked for 19 years In 2008, we held two hearings on story. So I wish to acknowledge that. at Goodyear Tire Company. It was Ledbetter, one in January of 2008—just I also wish to acknowledge that we— shown that she was making $15,000 less about this time—in the Senate Health, the women of the Senate—can disagree, than her male counterparts were mak- Education and Labor Committee, which she and I do tonight, without ing in the United States of America. which was a very active committee. being disagreeable. There is no doubt Well, we passed legislation to make Second, we also held a hearing in the that the Senator from Texas and I sure that could not happen and that Senate Judiciary Committee to get the agree that we do not want wage dis- there were rights to protect women extensive legal commentary. That crimination against women. Where we who were discriminated against by hearing was held on September 23. disagree is not on the goal but on the that type of action by an employer. There are those who would say, But means. She has her substitute, and I Lilly Ledbetter did what was right. She that was the last Congress. Well, that have, which I think is the superior filed her case and it was found that, was last year, but the relevant facts framework, the Lilly Ledbetter Fair yes, she was discriminated against, but are the same. So there have been ex- Pay Act. I wish to be clear that in this guess what. Her claim was denied by tensive hearings in the Senate and in new Senate, we can offer amendments, the Supreme Court of the United the House. I believe we are following a we can have our shared goals, and we States by a 5-to-4 vote because she framework for getting views through can do it in a way that is not prickly didn’t bring her case within 180 days of the regular process. or rancorous and so on. So I wish to be the discrimination. She didn’t know Now, our new President, President able to say that. Although I disagree about the discrimination until a fellow Barack Obama, has said very clearly with her, my bill—the Kennedy-Mikul- worker told her about it, well past 180 that he wants to create jobs in this ski bill—which has 54 cosponsors, sim- days. She couldn’t possibly have country. If you don’t have a job, you ply restores the law before the Su- brought the case within 180 days. get a chance to get one, and if you do preme Court decision. It is a legal Now it is time for us to correct that have a job, you get a chance to hold on standard that nine separate decisions Supreme Court decision, and that is ex- to it. Additionally, he said that if you in front of courts of appeal agreed actly what the legislation Senator MI- have a job or you are going to get a with. KULSKI has brought forward will do. It job, you will not face wage discrimina- Let me elaborate. The Hutchison will reverse the Supreme Court deci- tion in the United States of America. amendment acknowledges that the Su- sion giving women and giving people of That is why he wants not only in his preme Court Ledbetter decision is un- this Nation an effective remedy if an first 100 days, but in his first 10 days, fair and it has closed the courthouse employer discriminates based upon to pass legislation that closes a loop- door for legitimate claimants. Unfortu- gender. hole on wage discrimination. nately, Senator HUTCHISON’s effort to I have listened to some of the debate That takes me to the second mis- fix Ledbetter’s problem is flawed. I on the floor. I don’t want to see us put conception. The Lilly Ledbetter Fair think it is a well-intentioned but mis- additional roadblocks in the way of Pay Act, which I am the lead sponsor guided attempt. Her amendment will women being able to have an effective of—but I wish to acknowledge the role not fix the problem caused by the remedy. I respect greatly my colleague of Senator KENNEDY as the lead spon- Ledbetter decision. In fact, review of from Texas. She is very sincere and a sor, and I am carrying this responsi- her amendment leaves the core of the very effective Member of this body. bility as a member of the committee. Ledbetter’s harsh ruling intact, cre- However, I don’t want to have lawyers Now, the second misconception is that ating only a very narrow and vague ex- debating whether a person can bring a somehow or another the Fair Pay Act ception. Moreover, the exception cre- claim, as to whether they had reason- only deals with wage discrimination af- ates significant legal hurdles for those able cause or try to think of what fecting women. Oh, no. It deals with workers who try to take advantage of someone was thinking about at the wage discrimination affecting all peo- it. time. This is very simple. If you dis- ple. So if you are discriminated against In the Ledbetter decision, the Su- criminate against your employee, they in your paycheck because of your race, preme Court said an employee must should have an effective remedy. The ethnicity, religion, natural origin, or challenge pay discrimination within Supreme Court turned down that rem- gender, this legislation will protect 180 days of the employer’s initial deci- edy. The legislation that is on the floor you. This loophole was created by the sion to discriminate or the employee corrects it. It is our obligation, I be- Supreme Court, and I will elaborate on will be forever barred from enforcing lieve, to make sure that is done. that as well. her rights. This decision gave employ- So I wish to take these few moments So we followed hearings. This bill, as ers a free pass to continue discrimina- to urge my colleagues to pass the legis- part of President Obama’s hope for tion. By keeping in place the heart of lation that is before us. Let’s not put America, makes sure that when you the Ledbetter decision, the Hutchison additional roadblocks in the way. Let’s get a job or you keep your job, you will amendment would allow such injustice not pass amendments that will become never be discriminated against in your to continue. ways in which employers such as Good- wages. So I wanted to clear up those The Senator from Texas says her year Tire could prevent their employ- two misconceptions. amendment would bring balance to our ees from getting fair pay. The time is Now I wish to go to the Hutchison antidiscrimination laws, but in reality now. Let’s pass this legislation. substitute. First, I wish to acknowl- it imposes a very unreasonable stand- I again congratulate my colleague edge the Senator from Texas, my truly ard on workers—a standard that would from Maryland for her leadership on very good friend, for her long-standing be almost impossible for someone to this issue. advocacy for women. We have worked meet. Mr. President, I yield the floor. together on a bipartisan basis for Under the Hutchison framework, a The PRESIDING OFFICER. The sen- women. Her advocacy has been stead- worker would have to prove not only ior Senator from Maryland. fast. She has been of particular help. that she did not know she was being Ms. MIKULSKI. Mr. President, I We have worked together on the wom- discriminated against but also she thank my colleague for his eloquent en’s health agenda. We have mammo- ‘‘should not have been expected to have and persuasive argument. gram standards in this country because had enough information to support a I rise to debate with my colleague of the Hutchison-Mikulski amendment. reasonable suspicion of discrimina- from Texas her amendment. Before I go We have helped with breast cancer re- tion.’’

VerDate Nov 24 2008 02:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.051 S21JAPT1 jbell on PROD1PC69 with SENATE S702 CONGRESSIONAL RECORD — SENATE January 21, 2009 How can workers prove what some- workers can file claims within 180 days ally go in and out of the workplace to one else expects of them? How does a of receiving a discriminatory paycheck save, without being taxed every year, worker prove a negative, that she did not encourage any unreasonable in a retirement account the same didn’t suspect that something in the number of lawsuits in the decade before amount as if they work outside the workplace wasn’t quite right? And— the Ledbetter Supreme Court decision. home. again quoting the Hutchison rec- We turned to CBO, again, a pretty We have worked together, and I know ommendation—what is a ‘‘reasonable cut-and-dry, button-down crowd. They we will work together on many other suspicion of discrimination’’? That said this bill would not increase claims issues. And I hope we will end up work- phrase, ‘‘reasonable suspicion of dis- filed with the EEOC or lawsuits filed in ing together on this issue because we crimination,’’ is vague, and fuzzy, and I court, meaning the Lilly Ledbetter do have the same goal, and that is to am concerned would even add to the al- Fair Pay Act, not the Hutchison provide a fair legal process for people ready legal burdens. There is no simi- amendment. to have the right to sue for discrimina- lar standard in any other discrimina- The best evidence the Hutchison tion and the employer that is accused tion law. amendment does not solve the prob- to have the right of defense. Workers would have to prove they lems caused by the Ledbetter decision I ask unanimous consent to print in could meet this vague standard before is that the amendment would not have the RECORD the report of the Heritage they could even raise their allegations helped Lilly Ledbetter herself. Isn’t Foundation that was mentioned ear- of discrimination. This means time and that something. Under the Hutchison lier. resources spent on what workers knew framework, this amendment would There being no objection, the mate- and when they knew it instead of on have tipped the scales of justice rial was ordered to be printed in the the conduct of unscrupulous employ- against her in favor of her law-break- RECORD, as follows: ers. ing employer because it is virtually [From the Heritage Foundation, Jan. 7, 2009] Even conservative commentators are impossible to meet the reasonable ex- worried about the Hutchison amend- THE LEDBETTER ACT: SACRIFICING JUSTICE pectation of a reasonable suspicion FOR ‘‘FAIR’’ PAY ment. Andrew Grossman of the Herit- standard. Ms. Ledbetter would have age Foundation noted that the (By Andrew M. Grossman) been forced to spend all of her time and Hutchison amendment would fail to Congressional leaders have said that they all of her money trying to prove that provide the certainty of a hard statute will fast-track the Lilly Ledbetter Fair Pay she had no reason to suspect discrimi- Act, a bill that would allow pay discrimina- of limitations. tion lawsuits to proceed years or even dec- By contrast, the Lilly Ledbetter Fair nation before the EEOC or the courts could have even considered Goodyear’s ades after alleged discrimination took place. Pay Act would restore a bright line for Proponents say that the legislation is nec- determining the timeliness of pay dis- illegal and unfair treatment of her. Discrimination claimants face enough essary to overturn a Supreme Court decision crimination claims. We know employ- that misconstrued the law and impaired ers and workers can understand this difficult hurdles. Brave workers, such statutory protections against discrimina- rule and live with it because it was the as Lilly Ledbetter, do not need more tion, but the Court’s decision reflected both law of the land in most of the country disincentives to stand up for them- longstanding precedent and Congress’s inten- for decades prior to the Ledbetter deci- selves and their rights. tions at the time the law was passed. In addition, eliminating the limitations sion. Our bill would simply put the law The Lilly Ledbetter Fair Pay Act is a bipartisan solution. It responds to the period on claims would be bad policy. Since back to what it was before the Su- ancient Roman times, all Western legal sys- preme Court upended the law. basic injustice of the Supreme Court Ledbetter v. Goodyear decision. I urge tems have featured statutes of limitations Although Senator HUTCHISON claims for most legal claims. Indeed, they are so es- her amendment would protect employ- my colleagues to vote against the sential to the functioning of justice that ers from unreasonable lawsuits, it Hutchison amendment and vote for the U.S. courts will presume that Congress in- could cause an explosion in the number Lilly Ledbetter Fair Pay Act. tended a limitations period and borrow one of lawsuits. If this amendment was I yield the floor. from an analogous law when a statute is si- adopted, workers would feel compelled The PRESIDING OFFICER (Ms. lent. While limitations periods inevitably to file claims quickly for fear that they CANTWELL). The Senator from Texas. cut off some otherwise meritorious claims, Mrs. HUTCHISON. Madam President, they further justice by blocking suits where would miss their statute of limitations. defensive evidence is likely to be stale or ex- So the only way you can protect your- I was going to engage in a discussion with the Senator from Maryland. I see pired, prevent bad actors from continuing to self is to file a claim because you harm the plaintiff and other potential vic- might have a reasonable suspicion. the Senator from Minnesota is in the tims, prevent gaming of the system (such as Given the way women are treated in Chamber. Is it OK to proceed? destroying defensive evidence or running up the workplace, you could have a rea- The PRESIDING OFFICER. The Sen- damages), and promote the resolution of sonable suspicion every time you walk ator from Texas. claims. By eliminating the time limit on in somewhere. Workers have to run to Mrs. HUTCHISON. Madam President, lawsuits, the Ledbetter Act would sacrifice the EEOC even if the only evidence of I wish to talk about a couple of points these benefits to hand a major victory to that were made by the Senator from trial lawyers seeking big damage payoffs in discrimination is rumor or speculation. stale suits that cannot be defended. This could create a very nasty and hos- Maryland. First, I want to say how much I ap- The Ledbetter Act would also lead to myr- tile work environment. Without any iad unintended consequences. Foremost, it guidance of what constitutes a ‘‘rea- preciate her talking about how much would push down both wages and employ- sonable expectation’’ or a ‘‘reasonable we have done together in the Senate ment, as businesses change their operations suspicion’’ of discrimination, workers for women. We have made significant to avoid lawsuits. Perversely, it could actu- will file a tremendous number of legislation that has improved the lives ally put women, minorities, and workers who claims. That is just what we don’t want of women. She mentioned many of the are vocal about their rights at a disadvan- bills we cosponsored. tage if employers attempt to reduce legal to do. We want to return to the law. risk by hiring fewer individuals likely to file They say the Lilly Ledbetter Fair The other one I want on the record, because I think it is so important for suit against them or terminating those al- Pay Act is only going to cause an ex- ready in their employ. plosion of lawsuits, but it didn’t before the homemakers of our country, is the Rather than effectively eliminate Title the Supreme Court decision. In fact, we homemaker IRA, which was the VII’s limitations period, Congress could take now know the Lilly Ledbetter Fair Pay Hutchison-Mikulski bill that allows more modest, less risky steps to ease the Act would not cause an increase in law- stay-at-home spouses, those who work law’s restrictions, if such change is war- suits because it gives the workers the inside the home, to put aside the same ranted. Most directly, it could lengthen the time they need to consider how they amount for retirement security that limitations period to two or three years to have been treated and try to work out will accrue without being taxed as match the periods in similar laws. Another someone who works outside the home, option is to augment the current limitations solutions with employers before they period with a carefully drafted ‘‘discovery get into filing complaints and also law- which was not the case before Senator rule’’ so that the time limit on suing begins suits. MIKULSKI and I passed our bill. It is one running only when an employee reasonably You don’t have to take my word for of the singular achievements, I think, suspects, or should reasonably suspect, that this. History proves it. The rule that in helping especially women who usu- he or she has been discriminated against.

VerDate Nov 24 2008 04:23 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.053 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S703 While either of these options would sacrifice the occurrence of subsequent nondiscrim- have the incentive to investigate the pos- some of the benefits of the current limita- inatory acts that entail adverse effects re- sible unlawful conduct, document it, and tions period, they are far superior alter- sulting from the past discrimination.’’ For then challenge it in a timely fashion. This natives to throwing the law wide open to those familiar with the law, this appeared to was an explicit goal of the Civil Rights Act stale claims and abuse. be a rehash of a 1977 case that reached the of 1964, whose drafters reasoned that the THE LEDBETTER SUIT same conclusion on identical grounds. short limitations period and mandatory Thus, the Court affirmed the lower deci- For all the rhetoric about the Supreme EEOC administrative process would lead sion against Ledbetter. Court’s Ledbetter decision—the New York most discrimination complaints to be re- Times, for one, called it ‘‘a blow for discrimi- THE PURPOSES OF LIMITATIONS PERIODS solved quickly, through cooperation and vol- nation’’—it addresses not the substance of That result did not speak to the merits of untary compliance. Third, time limits on filing lawsuits pre- gender discrimination but the procedure that Ledbetter’s case—that is, whether she had vent strategic behavior by plaintiffs. In some must be followed to assert a pay discrimina- suffered unlawful discrimination years be- cases, plaintiffs may wait for evidence favor- tion claim. Specifically, the case presented fore—but only to the application of the stat- able to the defense to disappear or be dis- only the question of when a plaintiff may file ute’s limitations period. Although it seems carded, for memories to fade and witnesses a charge alleging pay discrimination with intrinsically unfair to many that a legal to move on, before bringing claims. Particu- the Equal Employment Opportunity Com- technicality should close the courthouse larly under laws that allow damages con- mission (EEOC), a prerequisite to suing. doors, statutes of limitations, as the major- Lilly Ledbetter, who worked for Goodyear ity of the Court observed, do serve several tinuing violations or punitive damages, Tire and Rubber Co. from 1979 until 1998 as a essential functions in the operation of law plaintiffs may face the incentive to keep factory supervisor, filed a formal EEOC that justify their cost in terms of barred quiet about violations as the potential pool charge in July 1998 and then a lawsuit in No- meritorious claims. In general, limitations of damages grows. Concerns that plaintiffs vember, the same month that she retired. periods serve five broad purposes. will game the system in this way are so prev- Her claim was that after she rebuffed the ad- Justice Story best articulated the most alent that an entire doctrine of judge-cre- vances of a department foreman in the early common rationale for the statute of limita- ated law, known as ‘‘laches,’’ exists to com- 1980s, he had given her poor performance tions: ‘‘It is a wise and beneficial law, not de- bat certain of these abuses. Laches, however, evaluations, resulting in smaller raises than signed merely to raise a presumption of pay- is applied inconsistently, and courts often she otherwise would have earned, and that ment of a just debt, from lapse of time, but decline its exercise in enforcing statutory these pay decisions, acting as a baseline, to afford security against stale demands, rights. A limitations period puts a limit on continued to affect the amount of her pay after the true state of the transaction may the extent to which plaintiffs can game the throughout her employment. She said she have been forgotten, or be incapable of ex- law by delaying suit. Fourth, time-limiting the right to sue fur- had been aware of the pay disparity since at planation, by reason of the death or removal thers efficiency. Valuable claims are likely least 1992. of witnesses.’’ to be investigated and prosecuted promptly, Initially, Ledbetter sued under the Equal Indeed, Ledbetter itself illustrates this while most of dubious merit or value are ‘‘al- Pay Act of 1963 (EPA) and Title VII of the function. Different treatment, such as pay lowed to remain neglected.’’ Thus, ‘‘the lapse Civil Rights Act of 1964, a more general anti- disparities, may be easy to prove even after of years without any attempt to enforce a discrimination statute. The EPA, unlike much time has lapsed, because the kinds of demand, creates, therefore, a presumption Title VII, has been interpreted not to require facts at issue are often documented and, in- against its original validity, or that it has proof that pay discrimination was inten- deed, are rarely in dispute. More conten- ceased to subsist.’’ Statutes of limitations, tional but just that an employer paid an em- tious, however, is the defendant’s discrimi- then, are one way that our justice system fo- ployee less for equal work without a good natory intent, which Title VII requires in ad- cuses its limited resources on the most valu- reason for doing so. For such claims, the dition to proof of disparate treatment. The able cases, maximizing its contribution to EPA imposes a two-year statute of limita- evidence proving intent can be subtle—for the public good. tions, meaning that an employee can collect example, ‘‘whether a long-past performance Finally, there is an intrinsic value to deficient pay from any discriminatory pay evaluation . . . was so far off the mark that repose. It promotes certainty and stability. decisions made during that period, whether a sufficient inference of discriminatory in- Putting a deadline on claims protects a or not the employer intended to discriminate tent can be drawn.’’ With the passage of business’s or individual’s settled expecta- in any of those decisions. Title VII, while im- time, witnesses’ memories may fade, strip- tions, such as accounting statements or in- posing a shorter filing deadline of 180 days ping their accounts of the details necessary come. At some point, surprises from the and requiring proof of intent to discriminate, to resolve the claim. Evidence may be lost or past, in the form of lawsuits, cease to be pos- allows for punitive damages, which the EPA discarded. Indeed, witnesses may disappear sible. As with adverse possession of land, the does not. Perhaps for this reason, Ledbetter or perish—the supervisor whom Ledbetter law recognizes that, though a wrong may abandoned her EPA claim after the trial accused of misconduct had died by the time have been done, over time certainty of rights court granted summary judgment on it in of trial. Sorting out the subtleties of human gains value. favor of her former employer. relationships a decade or more in the past For these important reasons, statutes of On her Title VII claim, however, Ledbetter may be an impossible task for parties and limitation are ubiquitous in the law and prevailed at trial before a jury, which award- the courts, one at which the defendant, who have been since ancient Roman times. Limi- ed her $223,776 in back pay, $4,662 for mental did not instigate the suit, will be at a par- tations periods necessarily close the court- anguish, and a staggering $3,285,979 in puni- ticular disadvantage. This seems to have house doors to some potentially worthwhile tive damages. The judge reduced this total been the case in Ledbetter. claims—an outcome so harsh that it would award to $360,000, plus attorneys’ fees and Statutes of limitations, in contrast, re- be ‘‘pure evil,’’ observed Oliver Wendell court costs. quire a plaintiff to bring his or her claim Holmes, if it were not so essential to the op- Goodyear appealed, and the Eleventh Cir- earlier, when evidence is still fresh and the eration of law. That a single good claim has cuit Court of Appeals reversed the decision defendant has a fair chance of mustering it been barred, then, proves not that the dead- on the grounds that Ledbetter had not pro- to mount a defense. In this way, statutes of line for suit is unfair or unwise but only that vided sufficient evidence to prove that an in- limitations also serve to prevent fraudulent justice cannot provide a remedy in every tentionally discriminatory pay decision had claims whose veracity cannot be checked due case. been made within 180 days of her EEOC to passage of time. charge. Ledbetter appealed to the Supreme Second, statutes of limitations also help to THE LEDBETTER ACT Court, challenging not that determination effectuate the purposes of law. They encour- Nonetheless, editorial reaction to but only the Court of Appeals’ application of age plaintiffs to diligently prosecute their Ledbetter was swift and almost entirely neg- Title VII’s limitations period. claims, thereby achieving the law’s remedial ative, with most writers drawing from Jus- In a decision by Justice Samuel Alito, the purpose. This is particularly the case for tice Ginsburg’s bombastic dissent (which she Supreme Court held that the statute’s re- statutes such as those forbidding discrimina- read in part from the bench) calling the ma- quirement that an EEOC charge be brought tion in employment practices, where Con- jority’s reasoning ‘‘cramped’’ and ‘‘incom- within 180 days of an ‘‘alleged unlawful em- gress has created causes of action to supple- patible with the statute’s broad purpose.’’ ployment practice’’ precluded Ledbetter’s ment government enforcement actions. Liti- Ginsburg’s logic, repeated on the opinion suit, because her recent pay raises were not gation under such statutes is, in part, a pub- pages, and often news pages, of countless intentionally discriminatory. Ledbetter ar- lic good, because the plaintiff in a meri- newspapers, was that Ledbetter was a mem- gued that the continuing pay disparity had torious suit secures justice not just for him- ber of a protected class (women), performed the effect of shifting intent from the initial self but for similarly situated victims, as work equal to that of the dominant class discriminatory practice to later pay deci- well as the public at large, which has ex- (men), and was compensated less for that sions, performed without bias or discrimina- pressed its values through the law. Anti-dis- work due to gender-based discrimination. tory motive. The Court, however, had re- crimination law is the archetypical example End of story. Pay discrimination, Ginsburg jected this reasoning in a string of prior de- of an area where private suits can promote argued, is different than other forms of dis- cisions standing for the principle that a far broader good. Other victims and the pub- crimination and is more akin to a ‘‘hostile ‘‘new violation does not occur, and a new lic are best served when workers who believe work environment’’ claim, which by its na- charging period does not commence, upon they have been subject to discrimination ture involves repeated, ongoing conduct. But

VerDate Nov 24 2008 04:23 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.028 S21JAPT1 jbell on PROD1PC69 with SENATE S704 CONGRESSIONAL RECORD — SENATE January 21, 2009 this is creative reimagining of the statute: VII—and especially those who are vocal sible discrimination and seek remedies, Nowhere in it is there any room for the limi- about their rights under the law—to put a without allowing a flood of lawsuits pre- tations period present in the statute or in- cap on their legal liabilities. Again, this mised on aged grievances. There is also more deed any of the other requirements that Con- would be illegal, but difficult to prove. logic to matching the more specific statute’s gress crafted. These kind of unintended consequences limitations periods than leapfrogging it so Unfortunately, though, it was Ginsburg’s have been a chief effect of the Americans dramatically. dissent, and her unseemly urging that ‘‘once with Disabilities Act, which prohibits dis- Another option was proposed in the last again, the ball is in Congress’ court,’’ that crimination against individuals with disabil- Congress as the ‘‘Title VII Fairness Act’’ (S. spurred the drafters of the Lilly Ledbetter ities and enforces that prohibition through 3209, 110th Cong.). This legislation would Fair Pay Act, which was introduced soon civil lawsuits. Today, the disabled earn less maintain the current limitations period but after the Court issued its decision and passed and work far less than they did prior to en- augment it with a ‘‘discovery rule’’ so that the House in short order. The bill would actment of the ADA, and a number of econo- the period begins running only when the em- adopt Ginsburg’s view, amending a variety of mists, including MIT’s Daron Acemoglu, ployee reasonably suspects, or should reason- anti-discrimination laws to the effect that a blame the ADA for reducing the number of ably suspect, that he or she has been dis- violation occurs ‘‘each time wages, benefits, employment opportunities available to the criminated against. This approach has the or other compensation is paid’’ that is af- disabled. In this way, by dramatically in- benefit of encouraging employees to inves- fected by any discriminatory practice. In creasing employers’ exposure to potential li- tigate and take action on worthwhile claims, this way, the law would simply eliminate the ability when they hire members of protected while keeping many stale claims out of limitations period as applied to many cases. classes, the Ledbetter Act would put mem- court. Some courts, however, might twist Under the Ledbetter Act, employees could bers of those classes at a disadvantage in the this looser rule to allow stale claims brought sue at any time after alleged discrimination labor marketplace. by sympathetic plaintiffs, such as Lilly occurred, so long as they have received any BIG PAYOFFS FOR THE TRIAL BAR Ledbetter, who learned about the possible compensation affected by it in the preceding discrimination fully six years before filing a 180 days. While this would certainly reverse It is difficult to explain the hue and cry from parts of the bar that accompanied charge. It would also undermine, somewhat, Ledbetter, it goes much further by removing the clear bright-line rule that a hard statute any time limitation on suing in pay-related Ledbetter, given that the plaintiff clearly could have proceeded under the Equal Pay of limitations provides. Nonetheless, this ap- cases, even limitations relating to the em- proach would provide far more certainty, and ployee’s learning of the discrimination—an Act without running into a limitations pe- riod problem. One explanation is that Title prove far less disruptive, than eliminating approach that is known in other contexts, the limitations period. such as fraud, as a ‘‘discovery rule.’’ This VII, unlike the EPA, allows for punitive new rule is also broader in that it would damages in addition to several years’ worth A PERFECT STORM apply to any (alleged) discrimination that of deficient pay. Had she proceeded under the It was a surprise to many legal observers a has had an (alleged) effect on pay, such as an EPA and prevailed, Ledbetter would have re- year and a half ago that the Ledbetter case— adverse promotion decision. In addition, re- ceived deficient pay going back two or three an unremarkable application of a rule set- tirees could bring suits alleging pay-related years prior to filing a charge with the tled 20 years prior—would attract any inter- discrimination that occurred decades ago if EEOC—about $60,000 according to the trial est at all. But on closer examination, the they are presently receiving benefits, such as court. But under Title VII, the case was course of events leading up to the Supreme pensions or health care, arguably effected by worth six times that amount, due to a large Court’s decision, and the reaction since, have the long-ago discrimination. punitive award. not been by chance but by design, part of a In these ways, the Ledbetter Act would That result becomes all the more alluring ‘‘perfect storm’’ orchestrated by trial law- allow cases asserting extremely tenuous to the plaintiff’s bar when one considers the yers, wrongheaded civil rights organizations, links between alleged discrimination and dif- possibility of follow-on lawsuits and, in lim- and labor groups to achieve a radical shift in ferences in pay, which may result from any ited instances, class actions. A single legal employment law. These special interests number of non-discriminatory factors, such victory against an employer could provide have an extensive agenda planned for the as experience. Employers would be forced to the fodder for scores of lawsuits by similarly current Congress. Yet Members should con- defend cases where plaintiffs present evi- situated employees and former employees re- sider each plank of it on the merits. dence of a present wage gap, allegations of ceiving benefits, each alleging a pattern of Far beyond reversing the result of a single long-ago discrimination, and a story con- discrimination affecting pay, as evidenced by Supreme Court decision—one that, viewed necting the two. As wage differences between the previous lawsuits. In this way, each law- fairly, was consistent with precedent and employees performing similar functions are suit becomes easier and cheaper to bring fairly represented Congress’s intentions—the rampant—consider how many factors may be than the last. Employers, then, would face Lilly Ledbetter Fair Pay Act would open the relevant to making a wage determination—a the choice of fighting every suit with all door to a flood of lawsuits, some frivolous, flood of cases alleging past discrimination their might—because any loss could lead to that employers would find difficult or impos- resulting in present disparity would likely scores more—or agreeing to generous settle- sible to defend against, no matter their ulti- follow passage. In addition to investigatory ments, even in marginal cases, to avoid the mate merit. Rather than help employees, the and legal expenses, employers will face the risk of high-stakes litigation. bill could end up hurting them by reducing This may account for the trial bar’s keen risk of punitive damages and the difficulty wages and job opportunities—at a time when interest in the Ledbetter Act—it is among of rebutting assertions of discriminatory unemployment is rising and many are nerv- the top priorities of the American Associa- acts from years or decades ago. ous about their job prospects. Instead, Con- The flood of lawsuits would not be endless, tion for Justice (formerly the American gress should recognize that statutes of limi- however, because, as Eric Posner observes, Trial Lawyer’s Association)—despite the ex- tations serve many important and legitimate employers can be expected to change their istence of other, less attractive statutory purposes and reject proposals that would hiring, firing, and wage practices to reduce remedies for those who are the victims of re- allow litigants to evade them. the risk of lawsuits. To the extent that dis- cent or continuing discrimination or unjusti- fied pay disparities. Mrs. HUTCHISON. Madam President, parities in treatment are the result of dis- it is very important that we have the crimination, this may undercut its effects. SAFER SOLUTIONS But if, as Posner puts it, businesses ‘‘start It is true, as proponents of the Ledbetter whole legal memorandum on the paying workers the same amount even Act have noted, that the statute of limita- Ledbetter Act and my substitute though their productivity differs because tions for Title VII is shorter than most oth- amendment. I want to read a couple of they fear that judges and juries will not be ers. There are good reasons for this, though, paragraphs from it. The Heritage Foun- able to understand how productivity is deter- considering the context in which it was dation report says: mined,’’ the law would impose significant drafted. Chief among them, many Members Another option was proposed in the last costs on businesses and, by extension, con- of Congress, when they considered the Civil Congress— sumers and the economy. The result would Rights Act of 1964, feared that businesses be a hit to employment and wages, combined would be overwhelmed with litigation. Oth- My bill— with higher prices for many goods and serv- ers favored voluntary conciliation over liti- as the ‘‘Title VII Fairness Act.’’ This legisla- ices. gation. Some might have been concerned tion would maintain the current limitations Perversely, the Ledbetter Act may actu- that evidence of discriminatory intent would period but augment it with a ‘‘discovery ally harm those it is intended to protect. In fade away if the limitations period were too rule’’ so that the period begins running only making employment decisions, businesses long. A relatively brief limitations period when the employee reasonably suspects, or would consider the potential legal risks of certainly satisfies these concerns. should reasonably suspect, that he or she has hiring women, minorities, and others who But if Congress believes that it is too been discriminated against. This approach might later bring lawsuits against them and, short, it has far less drastic and disruptive has the benefit of encouraging employees to as a result, hire fewer of these individuals. options at its disposal than effectively elimi- investigate and take action on worthwhile Even though this discrimination would vio- nating the limitations period altogether. It claims, while keeping many stale claims out late the law, it would be difficult for rejected could, quite simply, extend the period to two of court. Some courts, however, might twist applicants to prove. Other employers might or three years to match the EPA. This would the looser rule to allow stale claims brought simply fire employees protected by Title give employees more time to uncover pos- by sympathetic plaintiffs, such as Lilly

VerDate Nov 24 2008 02:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.030 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S705 Ledbetter, who learned about the possible Mr. ENZI, has an amendment. I think mingham jail, ‘‘Injustice anywhere is a discrimination fully six years before filing a we can make this a good bill that ev- threat to justice everywhere.’’ charge. It would also undermine, somewhat, eryone will think is fair, that will give Despite the progress we have made, the clear bright-line rule that a hard statute more rights to the plaintiff but does we live in a country where women still of limitations provides. Nonetheless, this ap- earn 78 cents for every dollar a man proach would provide far more certainty, and not keep the defense from having a fair prove far less disruptive, than eliminating chance to defend the business. And I makes, where African Americans earn the limitations period. believe that is the right approach. only 80 cents for every dollar a White Which the underlying bill does. I I hope we can pass my substitute. I man makes and Latinos earn only 68 added for emphasis those last words. hope we can continue to work on this cents for every dollar a White man It goes on to say: bill so that everyone will feel good makes. Our country, therefore, is still Far beyond reversing the result of a single about voting for it and our businesses far from perfect. Supreme Court decision—one that, viewed won’t be subject to a lawsuit 10 years Today, the Senate has a historic op- fairly, was consistent with precedent and after an act is alleged to have occurred portunity to narrow the gap between fairly represented Congress’s intentions—the and have a bill run up, when maybe if our ideals and our practices. We have Lilly Ledbetter Fair Pay Act would open the we have a statute of limitations that is the opportunity to say that women door to a flood of lawsuits, some frivolous, reasonable and you have the ability to should be treated the same as men. We that employers would find difficult or impos- bring it, it could even be settled right have the opportunity to say that peo- sible to defend against, no matter their ulti- then and there so that the employer is ple should be fairly paid for their labor. mate merit. Rather than help employees, the We have the opportunity to loudly pro- bill could end up hurting them by reducing not going to have a big expense that wages and job opportunities—at a time when might even close the business and lay claim in a unified voice that discrimi- unemployment is rising and many are nerv- off more people, which is not a result nation will not be tolerated in Amer- ous about their job prospects. Instead, Con- any of us would want. So I hope we can ica. gress should recognize that statutes of limi- write the law carefully to avoid that As of last year, after a misguided Su- tations serve many important and legitimate eventuality. preme Court decision overturned what purposes and reject proposals that would Madam President, I yield the floor. had been the law of the land for dec- allow litigants to evade them. Ms. MIKULSKI. Madam President, I ades, a worker can’t bring an action for The full reading of this legal memo- know the Senator from Minnesota wage discrimination if the original de- randum by the Heritage Foundation, I wishes to speak, and I also know the cision to discriminate happened more think, makes the case for my sub- Senator from New Jersey is here. I be- than 180 days beforehand. The Supreme stitute as the right approach, giving lieve we are going to turn next to the Court said employers can get away more rights to the plaintiff but not Senator from New Jersey. with discrimination if they hide it long eliminating or discriminating against Madam President, while the Senator enough, even though the effects of that the business to defend itself. from New Jersey, who just arrived, is bigotry have no expiration date. Let me make two points. My amend- still organizing, I suggest the absence The Lilly Ledbetter Fair Pay Act ment codifies the employee’s right to of a quorum. would recognize the long-term, contin- establish what he or she didn’t know. It The PRESIDING OFFICER. The uous, systemic discrimination as it is so necessary that we have this right, clerk will call the roll. really is and not let offending compa- and it is necessary to know when the The assistant legislative clerk pro- nies get away with it through loop- person should have known and make ceeded to call the roll. holes and disinformation. If a woman that part of the record. Otherwise, it Mr. MENENDEZ. Madam President, I sees her wages continuously fall behind would allow a person to knowingly sit ask unanimous consent that the order those of her male counterparts or a on a claim, to run up the amount that for the quorum call be rescinded. worker gets paid a wage far lower than might be added to the discriminatory The PRESIDING OFFICER. Without the company average just because she act in punitive damages. That should objection, it is so ordered. is Black, they should be able to chal- not be a part of our legal system. Mr. MENENDEZ. Madam President, lenge their employers even if the origi- There is one other point I want to is there a time limitation? nal decision to discriminate was made make about the Supreme Court case The PRESIDING OFFICER. There is years ago. that the Mikulski bill will overturn. not. Narrowly defining discrimination as The Supreme Court separated a dis- Mr. MENENDEZ. Madam President, I merely the original decision to dis- criminatory pay policy from a single rise today to support the Lilly criminate makes no sense at all. Let’s discriminatory act. That was their in- Ledbetter Fair Pay Act in order to de- say, for example, that a criminal hacks tention. It is the law today, and it fend the Civil Rights Act of 1964 and to into your bank account and decides to would be the law under my substitute, protect all Americans from the evils of steal a portion of your paycheck every that if there is a policy of discrimina- discrimination. 2 weeks. If we were to apply a prece- tory pay, every paycheck would be a Yesterday, millions of Americans re- dent similar to the Ledbetter case, if discriminatory act. So it would con- joiced as Barack Obama was sworn in the hacker doesn’t get caught 180 days tinue if it were a policy. That is the as the 44th President of the United after the initial decision to hack in, he law, and it should be the law, and it States. Hope for a more inclusive can keep stealing forever with no fear will be the law if my substitute is America, a more unified America, a of prosecution. Current discrimination adopted. more just America swept across this law makes about that much sense. What the Supreme Court did in the land from our biggest cities to our Now, some of my colleagues on the Ledbetter case was say when it is a sin- smallest towns. There was a sense of other side of the aisle will ask why gle act of discrimination, not one that wonder that someone who wouldn’t workers often don’t file their claim is discriminatory in policy, that should have been allowed to eat in certain res- within 180 days from the first instance have a statute of limitations. But per- taurants or drink from certain water of discrimination. Well, there are sev- haps we could have a reasonable rebut- fountains over 40 years ago had just be- eral reasons. To begin with, workers table presumption that the person come the freely elected leader of the generally find it difficult to compare should have known, and when the per- greatest country on Earth. We should their salaries to coworkers, and many son brings the claim, that person can be incredibly proud of the progress we businesses actually prohibit it. Even if establish: I could not have known be- have made since the errors of slavery a worker sees her pay is lower than her cause we weren’t allowed to talk about and Jim Crow. coworkers, she might not recognize it our pay. That could be a reason the But while we believe our Union can was a result of discrimination. And if court would say is legitimate, and it be perfected, we know it still isn’t per- workers do recognize it as discrimina- would uphold the statute of limita- fect. We know that equal opportunity tion, they often wait to contact the tions. and impartial justice for all have yet EEOC—the Equal Employment Oppor- The Senator from Pennsylvania was to be attained. And we know what the tunity Commission—or decide not to here earlier. He has several amend- consequences are, for, as Dr. King so due to feeling ashamed or more often ments. The Senator from Wyoming, eloquently put in his letter from a Bir- they fear retaliation by their company.

VerDate Nov 24 2008 02:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.054 S21JAPT1 jbell on PROD1PC69 with SENATE S706 CONGRESSIONAL RECORD — SENATE January 21, 2009 They fear the consequences of ‘‘rocking them in 180 days. The amendment is years after the 19th amendment gave the boat’’ and figure a job in which pretty confusing just on its face. I have women equal voting power, and 45 they are discriminated against is bet- to ask, how does an employee prove she years after the passage of the Equal ter than being fired and having no job doesn’t suspect discrimination? And Pay Act, it still takes women 16 at all. And certainly, in these incred- when should she have to? In general, I months to earn what men can earn in ibly tough economic times, that is a don’t see how it is relevant whether a 12 months. rising reality. To make matters worse, victim suspects discrimination; the I have been listening to some of the skyrocketing unemployment rates issue is whether there is discrimina- arguments made today. I was picturing have only put these vulnerable workers tion. If it is happening, it has to be what would happen if, in fact, that Su- in a more precarious and often helpless stopped, plain and simple. You can’t ul- preme Court decision stayed in place, position. timately be in a position in which you which basically said that you are sup- Some of my Republican colleagues are allowed to discriminate and get posed to somehow figure out you are will also argue that this legislation away with it. If we send that message being discriminated against. It says it will open the floodgates, leading to in our society, then all the progress we doesn’t matter if you knew or not. If it thousands of lawsuits claiming wage have made will be rolled back. happens, you have to sue right away. I discrimination. But this argument sim- Madam President, I would like to be- was thinking how that would work in ply has no merit. For over 40 years, the lieve that every Member of this body reality, how you are supposed to find courts have interpreted the Civil champions principles of equality, jus- out and how Lilly Ledbetter was sup- Rights Act of 1964 to be consistent with tice, and liberty as much as I do. But posed to find out. It would be as if Sen- the Lilly Ledbetter Fair Pay Act. principles are meaningless without ator MENENDEZ and I worked in the Eight out of nine appellate courts in- practice. Without vigilantly ensuring same company and we were doing the terpreted it that way, and yet there that no person is discriminated against same job and both doing it well and he was no flood of litigation then, nor will because of their gender, their race, was paid more than I was. How would there be after we enact this vital piece their religion, their ethnicity, or their you know that, if you are an employee of legislation into law. sexual orientation, our principles be- at a workplace? Are you supposed to Some of my conservative colleagues come just empty words. start snooping through their paychecks will argue that this legislation will I would like to remind my colleagues and opening them and trying to figure make companies liable for decades of that inaction on this issue is akin to out how much he is paid? I don’t think backpay and will encourage workers to tacit acceptance. And as Dr. King said: a normal person would do that. intentionally delay and file claims We will remember not the words of our en- Are you supposed to start getting to years later when those accused might emies but the silence of our friends. know the people who work around him no longer be around to defend them- I urge my colleagues to remember to find out how much money he makes, selves. Again, these arguments simply those wise words and put their votes see if he told anyone, start asking ignore the facts. Under this legislation, where their values are by supporting around about your fellow employee? backpay would be capped at 2 years re- this vital piece of civil rights legisla- This doesn’t make sense in the real gardless of how long the victim was tion. world workplace, and it certainly, as discriminated against and the burden I thank my distinguished colleague has been pointed out, is not consistent to prove discrimination took place is from Maryland for leading the charge. with 40 years of law in this area. borne by the worker. Any lack of wit- She has been an exceptional fighter on Today we have before us the nesses available to testify would only this issue, and I know she will soon see Hutchison amendment. I appreciate the hurt the worker’s efforts to prove their the fruits of her labor, not for herself work of Senator HUTCHISON in so many case. and her advocacy but for millions of areas, how the women of the Senate Critics who say this legislation will women, Latinos, and African Ameri- work on a bipartisan basis, but I be- cripple businesses miss the point. The cans who find themselves discrimi- lieve in the end this amendment is fact is that companies following the nated against and who deserve the abil- wrong. What this amendment basically law are currently put at a competitive ity for all to be able to enjoy the fruits says is you are not going to be able to disadvantage compared to those who of their labor without such discrimina- bring any kind of claim of discrimina- exploit their workers. The executive tion. tion, even a valid one, without having director of the U.S. Women’s Chamber Madam President, I thank my distin- to go through a bunch of hoops and dot of Commerce—a strong business advo- guished colleague from Minnesota for a bunch of I’s and cross a bunch of T’s cacy group—succinctly noted: allowing me to move forward in this that is very hard to do. Again, if you The Lilly Ledbetter Fair Pay Act rewards time, during this process, and I yield want to make sure this discrimination those who play fair—including women busi- the floor. doesn’t take place, make it a clear ness owners—unlike the Supreme Court’s de- The PRESIDING OFFICER. The Sen- rule, make it a bright-line rule, as we cision, which seems to give an unfair advan- ator from Minnesota. do in so many other employment cases. tage to those who skirt the rules. Ms. KLOBUCHAR. Madam President, Under the Hutchison amendment, our So we have a strong business advo- I am proud to join with Senator MIKUL- workers are subject to that Supreme cacy group saying treat those who are SKI and so many others in calling for Court decision in Ledbetter, unless obeying the law as it was intended and the Senate to take up and pass the they can prove they had no reason to as it, in fact, has been pursued for over Lilly Ledbetter Fair Pay Act and to do suspect that their employer was dis- four decades in a way that doesn’t put it as soon as possible. criminating against them. them at a competitive disadvantage. Many here have told Lilly Again, I believe this is done for good The vast majority of businesses that Ledbetter’s story, so I am not going to motives, in the spirit of some kind of practice legal hiring procedures will go through it again. But I will tell you, compromise. But, again, I try to look not have to change anything and will sometimes when you get to know at the real world and think: How would no longer be punished for doing the someone, as I have gotten to know you be able to prove this? Maybe right thing. Lilly Ledbetter as a person, it means things happen in the real world, maybe Wage discrimination is real. The Fair more to you. It is like when someone is one of your work colleagues—if Sen- Pay Act would strike a clear blow arguing against a change in the law, ator MENENDEZ and I were working in against it. So we have to make sure to and they suddenly find it happens to the same factory and maybe someone keep the legislation strong. Unfortu- their own wife or their own daughter, else, maybe you, the Presiding Officer, nately, I am afraid the amendment of- they start to feel a little differently also worked there and maybe sometime fered by our colleague from Texas, Sen- about it. So that is why I believe it is at a coffee break you said: You know, ator HUTCHISON, would severely under- very important to do this and to make I think he is making more money than mine it. That amendment would re- this as simple as possible and as easy you are, and it goes away and nobody quire people to prove they had no rea- as possible in order to make sure there talks about it. Would that be enough? son—no reason—to suspect their em- is not discrimination in the workplace, Would that be enough to show a sus- ployer was discriminating against because it is a sad reality, that still, 88 picion that you thought you were being

VerDate Nov 24 2008 02:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.055 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S707 discriminated against, that he was 2-year backpay rule to protect against those protections in place so workers making more money? exactly the arguments that were being can get paid fair pay for what they do. What if he bought a new car, a nice made, and we have caps in place? Madam President, I yield the floor. new car. He is driving around in that The Lilly Ledbetter Fair Pay Act is The PRESIDING OFFICER. The Sen- nice car and people are starting to the only bill that gives employees the ator from Maryland is recognized. think: I wonder if he got a raise. Is that time to consider how they have been Ms. MIKULSKI. Madam President, a suspicion that he is making more treated and try to work out solutions we are awaiting the arrival of the dis- money? What if you just think he is with their employers. That often hap- tinguished ranking member of the making more money and you tell one pens. We encourage that. We would like Health, Education, Labor, and Pen- person on the phone, but you don’t that to happen. You don’t want every- sions Committee because he wishes to know for sure? one running into court. It fulfills offer an amendment this evening. We When you start thinking this Congress’s goals, creating incentives wish to accommodate him. The Sen- through, you realize why this standard, for employers to voluntarily correct ator from Wyoming has been the soul this ‘‘reasonable suspicion’’ standard, any disparity in pay they find, and it of civility on this issue and has helped doesn’t appear in our employment stat- ensures that employers do not benefit us to move the bill thus far. But it is utes. It is because it is simply unwork- from continued discrimination. That is our intention to ask all speakers to able as a standard, despite the good all it does. It is simple. come now because the Senator from motivation to try to come up with Let me tell you a little story from Texas and I would like to be able to some understanding, some kind of com- the State of Minnesota to end here, conclude this debate for this evening— promise. It doesn’t make any sense. It why I care about this so much. That is not to conclude the debate, but for this is based on rumor. that my grandpa was a miner up in evening—around 7. I am not making a I believe there are enough rumors northern Minnesota. He worked hard unanimous consent request, I just wish around this place without starting to his whole life. He never graduated from to put a few things out there. put them into law. A rumor starts high school, saved money in a coffee While we are waiting for the arrival somewhere. It changes someplace else. can to send my dad to college. He of our colleague from Wyoming, I By the time it comes back to you, it is worked hard in those mines. It was a would like to have printed in the totally different, and I would rather rough-and-tumble world up in the RECORD an excellent monograph put not write rumors and suspicions into mines of northern Minnesota. out by the National Women’s Law Cen- the law. I prefer a bright-line rule. In the mine next door to where my ter on the Hutchison amendment. It is As has also been mentioned by some grandpa worked, there were a number a very lawyer-like paper, but it is also of my colleagues, we have not seen this of women—decades later, after my done in plain English. That outlines unfair rush of litigation under the ex- grandpa worked there—who started some of the real issues the Hutchison isting law. In fact, under this, if you working in the mines. It was not an substitute could present. have suspicions, it would force you to easy life. If anyone has seen the movie I ask unanimous consent that this try to rush to file your claim. I think ‘‘North Country,’’ that was the basis of paper in its entirety be printed in the a good argument could be made—we the movie. It happened in the mines. RECORD. don’t know for sure, but a good argu- My relatives were right next door. The PRESIDING OFFICER. Without ment could be made it would actually The women there were discriminated objection, it is so ordered. lead to more claims. This idea that it against. I am not sure of all the de- (See exhibit 1.) would force a worker, put the burden tails. Maybe some of it was pay, but Ms. MIKULSKI. Just to give a few on the worker to spend time and some of it was just discriminatory highlights, they advise us that the money trying to meet this complicated treatment. It went on and on. It was an Hutchison bill allows clear pay dis- standard that does not appear any- example, if you have seen that movie, crimination to continue without a rem- where else in the law deprives employ- of how difficult it was for them to get edy. That is why we are doing this ers and employees of a clear bright-line the gumption to stand and finally file Lilly Ledbetter Fair Pay Act in the be- rule for determining the timeliness of suit because they liked these guys. ginning. They make that point because claims. They were their coworkers. They they say: I know from my work in the private worked with them. They wanted to fit The Hutchison bill prevents employees sector for 13 years, people prefer in and they tried so hard. Eventually, from challenging discrimination to which bright-line rules. It makes it easier for they brought a lawsuit, but it took they continue to be subject. [It] perpetuates everyone. time for them to be able, in that hard, the basic problem created by the Ledbetter One of the arguments made is that rough-and-tumble world of those iron decision. somehow this would allow some raving ore mines, to bring that lawsuit. That is what I argued earlier in the employee, some mad employee to go They eventually did and they eventu- evening. back—they would simply hide their ally won that suit at great personal Under the bill, employers are left without case so no one would know about it so sacrifice to them, as documented in any remedy against present and continuing they could keep getting backpay. This that movie, ‘‘North Country.’’ pay discrimination if they do not file a gov- argument defies the actual rules. What Things changed as a result of that ernment complaint within 180 days of the are the actual rules? It says you can go lawsuit at the mines. It was not a pop- first day when they ‘‘have or should be ex- back for only 2 years. Look what hap- ular thing they did. It is not even pop- pected to have’’ enough information to sus- pened in the Lilly Ledbetter case. She ular right now. But things changed in pect discrimination. went to her trial. The jury awarded her those mines. When I ran for the Senate, One of the main arguments, the dif- a big amount, but then it had to be re- the first endorsement I got was from ferences we have with our colleague duced because the law acknowledged the United Steelworkers. The guy who from Texas, is the should have, we this, the argument made of the dif- gave it to me was the guy who was the should have, we should have known— ficulty, and said you can only go back union steward, the same guy, Stan how should you have known? for 2 years. The law also has caps on Daniels, at that mine at that time, When you go into a workplace, one of damages for major employers. I think that was the subject of the lawsuit. the few things that is not discussed is it is something like $300,000. There are I got elected the first woman Senator pay. I commented in an earlier debate, caps. There are look-back rules that from Minnesota. The world changes. you can talk about anything in the get to the argument that was made That is why this bill is so important, workplace. You can talk about religion here. You can see it right in the to maintain that right of workers. I at the water cooler. You can talk about Ledbetter case, if you do not believe know in my State there is lots of the politics at the Xerox machine. But you me. The money was reduced because of discriminatory treatment going. The cannot talk about pay. This could those rules that are in place. world changes as people realize and un- have, should have—we don’t want to Why suddenly we would put in a derstand the law and employers are have a framework where everyone who standard that we do not have in the educated on the law, but we still need has been discriminated against by our law today, when, in fact, we have that that safety valve in place. We still need culture and by our practice in the

VerDate Nov 24 2008 02:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.057 S21JAPT1 jbell on PROD1PC69 with SENATE S708 CONGRESSIONAL RECORD — SENATE January 21, 2009 workplace goes into a new job with a This Hutchison bill creates burden- natory paycheck constitutes an act of dis- chip on their shoulder. We are going to some and expensive, time-consuming crimination that can be challenged. The Sen- presume people are fair-minded. That distractions from the fundamental ate’s vote on a motion to advance the is the way most people show up every issue of whether an employee has been Ledbetter Fair Pay Act fell just three votes short of passage in April of 2008. day. This Hutchison amendment, could subject to pay discrimination. I fear In June, Senator Hutchison (together with have, would have, should have, I think that the Hutchison bill will increase other Senators who voted against advancing is going to create a nightmare. It is the number of lawsuits filed against the Ledbetter Fair Pay Act) introduced S. going to do exactly what the Senator employers, and it is going to result in 3209, an alternative titled the Title VII Fair- doesn’t want. I think it is going to gen- very protracted and very expensive ness Act. But unlike the Ledbetter Fair Pay erate more lawsuits and not only more minitrials in those cases that are Act, the Hutchison bill fails to restore prior lawsuits but more lawyers arguing brought. law or solve the problems created by the about could have or should have sus- We want to get into making sure we Ledbetter decision; it instead creates dam- pected. aging new legal hurdles for people receiving end wage discrimination. This bill will discriminatory pay to overcome. Indeed, the The Hutchison bill permits employers to result in confusion for the courts and Hutchison bill stands to set back basic anti- escape accountability for continuing pay dis- for employers. This bill rejects the discrimination protections in the workplace crimination. Like the Ledbetter decision, bright-line familiar rule in effect be- even beyond equal pay. the Hutchison substitute immunizes an em- The Hutchison bill allows clear pay dis- ployer from any challenge to pay discrimina- fore the Ledbetter decision in favor of a standard that raises numerous crimination to continue without a remedy. tion, even where the employer continues to The Hutchison bill prevents employees profit from it. Under the Hutchison bill, an thorny legal and factual issues. from challenging discrimination to which employer is off the hook for, and can con- I like the Ledbetter Fair Pay Act, they continue to be subject. The Hutchison tinue to gain a windfall from, continued pay which is my bill, and also is sponsored bill perpetuates the basic problem created by discrimination. . . . by 54 other Members of the Senate the Ledbetter decision. Under the bill, em- You know, when you discriminate, which simply restores the familiar role ployees are left without any remedy against you don’t usually just discriminate for assessing the timeliness of dis- present, continuing pay discrimination if against one person in the company. It crimination claims that prevailed in they do not file a government complaint is usually more than one—others. virtually every court in this country within 180 days of the first day when they Again, we are back to this would have, prior to the Ledbetter decision. The ‘‘have or should be expected to have’’ enough should have, could have. information to suspect discrimination. Hutchison bill creates an entirely new The Hutchison bill permits employers to The Hutchison bill deprives employees of legal regime. escape accountability for continuing pay dis- the chance to assess the extent of the dis- The bill raises innumerable ques- crimination. Like the Ledbetter decision, crimination and work voluntarily with their tions, including when an employee the Hutchison bill immunizes an employer employers to address any disparities. from any challenge to pay discrimination [It] forces employees to forfeit their claims could have been found to have a ‘‘rea- even where the employer continues to profit if they take the time to work out disputes sonable suspicion of discrimination.’’ from it. Under the Hutchison bill, an em- amicably. Madam President, I have more argu- ments to make, but at the end of the ployer is off the hook for, and can continue That is exactly what we want. We to gain a windfall from, continued pay dis- want to be able to work out disputes day, why is the Lilly Ledbetter Fair crimination that is not immediately chal- amicably, to go to maybe some alter- Pay Act so excellent? Well, the bill lenged when the employee first ‘‘should native dispute resolution mechanism, from the viewpoint that I am advo- have’’ suspected it. have time to find out the facts: What is cating and the legislation that I am The Hutchison bill deprives employees of the situation? Particularly because pay sponsoring would give employees the the chance to assess the extent of the dis- disparity may start small and grow time to evaluate their suspicions of crimination and work voluntarily with their discrimination and work toward solu- employers to address any disparities. over time. Employees may want to give The Hutchison bill forces employees to for- their employers the benefit of the tions with their employers, including feit their claims if they take the time to doubt hoping the employers will volun- voluntarily. work out disputes amicably. Particularly be- tarily remedy that gap or may want to It would ensure that employers are cause pay disparities may start small and work actively with the employer to re- held accountable for continued dis- grow only over time, employees may want to solve the dispute. This is especially crimination and, most of all, it would give their employers the benefit of the true for employees new on the job. The provide certainty in assessing the doubt, hoping that the employers will volun- tarily remedy the pay gap—or may want to Hutchison amendment denies employ- timeliness of pay discrimination claims and restore the law before the work actively with their employers to re- ees this opportunity, forcing them solve the dispute over time. This is espe- from the get-go to file adversarial Gov- outrageous Supreme Court decision. cially true if an employee is new on the job. ernment complaints immediately upon Congress should reject the approach But the Hutchison bill denies employees this suspecting discrimination or risk los- of the Hutchison bill and instead act opportunity, forcing them to file adversarial ing the right to any relief. expeditiously to enact the Lilly government complaints immediately upon Now, not only is this bad law, it is Ledbetter Fair Pay Act. suspecting discrimination or risk losing the bad policy, and it is going to be bad EXHIBIT 1 right to any relief. The Hutchison bill denies employees ade- [From the National Women’s Law Center] budget. I chair the Appropriations quate time to assess the merits of their Committee which funds the EEOC. THE TITLE VII ‘‘FAIRNESS’’ ACT, S. 3209, claims. Particularly because employees sub- Under the administration that left ALLOWS PAY DISCRIMINATION TO CONTINUE ject to pay discrimination may be in an on- town, they were revenue starved. They On May 20, 2007, in Ledbetter v. Goodyear going relationship with an employer, they have a tremendous backlog right this Tire & Rubber Co., the Supreme Court held are likely to want to be sure that they have minute of a variety of discrimination that employees must file claims with the meritorious claims before filing a govern- cases. Some were wages, some dealing government for compensation discrimination ment challenge to their employers’ prac- with gender or race or ethnicity or reli- within 180 days of an employer’s initial deci- tices. But the Hutchison bill limits employ- sion to discriminate or be barred from future gion. Many of those workers really feel ees’ ability to take the time necessary to challenges—no matter how long the dis- confirm their suspicions of discrimination or under siege with the workload they are crimination has continued. The Court’s deci- act when the problem reaches serious propor- going to carry. Under the Hutchison sion upends decades of prior precedent and is tions. amendment, as soon as you walk into fundamentally unfair to those subject to pay The Hutchison bill creates burdensome, ex- your workplace and you have a whiff, a discrimination. Under the Ledbetter rule, pensive and time-consuming distractions rumor, gossip, or, oh, gee, wonder what employees have no recourse—and employers from the fundamental issue of whether an is going on, then you have to run right have no accountability—for continuing dis- employee has been subject to pay discrimi- to the EEOC and file a complaint. crimination once 180 days have passed from nation. I do not think that is good common the initial pay decision. The Hutchison bill will increase the num- In July, 2007, the House of Representatives ber of lawsuits that are filed against employ- sense. It sure is not good money sense passed the Lilly Ledbetter Fair Pay Act to ers. Employees who suspect discrimination from the strain it is going to put al- overturn the Ledbetter ruling. The Act will be forced to file preemptive claims to ready on an overburdened EEOC. I would restore the law that applied virtually avoid forfeiting their rights. The Hutchison think we are headed in the wrong di- everywhere in the country before the Su- bill will thus increase the amount of litiga- rection. preme Court’s decision—that each discrimi- tion that occurs.

VerDate Nov 24 2008 02:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.058 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S709 The Hutchison bill will result in protracted the Ledbetter decision, employers were not The PRESIDING OFFICER. Without and expensive mini-trials in the cases that asking for a change to the longstanding rules objection, it is so ordered. are brought. Employers and employees will relating to the timeliness of pay discrimina- ACCOUNTABILITY be forced to engage in costly battles before tion claims that the Ledbetter Fair Pay Act Mr. WHITEHOUSE. Madam Presi- even getting to the merits of a discrimina- restores. There is no evidence that the oper- tion dispute—that is, whether a pay decision ation of the rule prejudiced employers or re- dent, I rise as we celebrate a new Presi- was, in fact, based on sex, race, disability or sulted in the success of non-meritorious dent, a new administration, a new another prohibited ground. A court will have claims. In fact, employers benefited from the mode of governing, and a new future to resolve multiple threshold issues, includ- certainty of the rule in place before for America. ing what the employee suspected about pay Ledbetter. Even in the gloom of our present pre- discrimination and when s/he suspected it. The Lilly Ledbetter Fair Pay Act is the dicaments, Americans’ hearts are On top of that, even if an employee in fact only bill that will address the basic pay dis- strong and confident because we see a had no suspicion of discrimination, she will crimination that Lilly Ledbetter, and others brighter future ahead. President have to prove that her failure to suspect was like her, suffer. reasonable. These time-consuming battles The Ledbetter Fair Pay Act is the only bill Obama looks to that future. Given the will only add to the cost and burdensomeness that would have helped Lilly Ledbetter. depth and severity of those present pre- of litigation—and will increase the difficulty Under the Hutchison bill, Lilly Ledbetter— dicaments, we need all his energy to employees denied equal pay will have in get- to whom a jury awarded more than $3 mil- look forward to lead us to that brighter ting the wages they have earned. lion in damages for the egregious discrimina- day, forward to what Winston Church- The Hutchison bill will result in confusion tion she endured—would have been embroiled ill in Britain’s dark days called ‘‘broad in the courts and for employers. in protracted arguments about what she and sunlit uplands.’’ But as we steer to- The Hutchison bill rejects the bright-line, knew about her workplace and when. A court familiar rule in effect before the Ledbetter ward this broad and sunlit future, what would have had to decide, for example, about the past? decision in favor of a standard that raises whether idle gossip and boasting by her co- numerous thorny legal and factual issues. workers—who had harassed and lied to her in As the President looks forward and Unlike the Ledbetter Fair Pay Act, which the past—were sufficient to give Ms. charts a new course, must someone not simply restores the familiar rule for assess- Ledbetter a ‘‘reasonable suspicion’’ of dis- also look back to take an accounting of ing the timeliness of pay discrimination crimination. By contrast, the Ledbetter Fair where we are, what was done, and what claims that prevailed in virtually every Pay Act creates a bright line rule that would must now be repaired? Our new Presi- court in the country prior to the Ledbetter ensure the timeliness of claims like Ms. dent has said, ‘‘America needs to look decision, the Hutchison bill creates an en- Ledbetter’s, when the pay continues into the tirely new legal regimen. The bill raises in- forward.’’ I agree. Our new Attorney present. General-designate has said: We should numerable questions, including when an em- The Ledbetter Fair Pay Act is the only bill ployee can be found to have a ‘‘reasonable that corrects the problems with the Supreme not criminalize policy differences. I suspicion of discrimination.’’ Court opinion. Unlike the Hutchison bill, the agree, and I hope we can all agree that The Hutchison bill will result in incon- Ledbetter Fair Pay Act would: summoning young sacrificial lambs to sistent standards for employers in different Give employees the time to evaluate their prosecute, as we did after Abu Ghraib, parts of the country for years to come. Be- suspicions of discrimination and work to- would be reprehensible. cause courts will likely reach different con- ward solutions with their employers; But consider the pervasive, delib- clusions on the many legal and factual ques- Ensure that employers are held account- erate, and systematic damage the Bush tions raised by the bill, employers in dif- able for continued discrimination; ferent parts of the country will likely be sub- Provide certainty in assessing the timeli- administration did to America, to her ject to conflicting rules, making it difficult, ness of pay discrimination claims; finest traditions and institutions, to if not impossible, to understand their legal Restore the law. her reputation, and integrity. I evalu- obligations. It will be years, if not decades, Congress should reject the approach of the ate that damage in history’s light. Al- before these questions are authoritatively Hutchison bill and should instead act expedi- though I am no historian, here is what resolved by the Supreme Court. tiously to enact the Lilly Ledbetter Fair Pay I believe: The story of humankind on The Hutchison bill could limit protections Act. this Earth has been a long and halting for employees in contexts beyond pay dis- The PRESIDING OFFICER. The Sen- crimination. march from the darkness of barbarism The Hutchison bill is not restricted to pay ator from Texas. and the principle that to the victor go discrimination. The so-called Title VII Fair- Mrs. HUTCHISON. Madam President, the spoils, to the light of organized civ- ness Act applies to any unlawful employ- I know the Senator from Rhode Island ilization and freedom. ment practice under the anti-discrimination wants to speak. I will take a minute During that long and halting march, laws. As a result, it goes well beyond the tar- and say a couple of things. this light of progress has burned, some- geted, restorative approach of the Ledbetter We are going to codify a right that is times brightly and sometimes softly, in Fair Pay Act. not in the law today. It is sometimes The Hutchison bill could have particularly different places at different times troubling impact on harassment claims. applied by judges and sometimes not. around the world. Under current law, employees can bring har- We do clarify so that there is fairness The light shone in Athens, when that assment claims as long as any incident of on- for the employee as well as for the first Senate made democracy a living going harassment occurs within 180 days small business owner to know if some- experiment, and again in the softer but prior to the complaint—regardless of how thing is occurring. broader glow of the Roman Empire and many incidents have occurred previously. It Our standard is, should have known, Senate. That light burned brightly, in- is predictable that some employers would and that is what the person can show, candescently, in Jerusalem, when use this bill’s broad scope to try to escape that they had no way to know that a their responsibility for sexual harassment Jesus of Nazareth cast his lot with the and other types of discrimination. discrimination was occurring. We are weak and the powerless. The Hutchison bill responds to a purported clarifying and trying to make it more The light burned in Damascus, Bagh- ‘‘problem’’ that is, in fact, wholly invented. fair and more clear and more uniform dad, Cairo, and Cordoba, when the Arab Employees have no incentive to delay fil- across all the districts in our country. world kept science, mathematics, art, ing pay discrimination claims. Because em- That is our goal, and I do hope we and logic alive, as Europe descended ployees typically cannot afford to struggle will be able to have this amendment into Dark Ages of plague and violence. without pay to which they are legally enti- that will make it a law that is better The light flashed from the fields of tled, it is simply a red herring to suggest that they will delay filing pay discrimina- for employees who might have been Runnymede when English nobles forced tion for years, or even decades. Furthermore, discriminated against, but also give King John to sign the Magna Carta, because Title VII has a two-year limit on the the fair right to an employer not to and it glowed steadily from that island back pay that any plaintiff can receive, that have a right sat on and built up so that kingdom as England developed Par- means that if they delay they will lose com- it becomes something that could hurt liament and the common law and was pensation for all but the last two years of the small business and be unexpected. the first to stand against slavery. pay discrimination they suffer. Therefore, I yield the floor. It rekindled in Europe at the time of there is every incentive for an employee to The PRESIDING OFFICER. The Sen- the Reformation, with a bright light file a pay discrimination complaint as soon ator from Rhode Island. flashing in 1517 when Martin Luther as reasonably possible. It is the employer, Mr. WHITEHOUSE. Madam Presi- not the employee, who benefits from any nailed his edicts to the Wittenberg Ca- delay. dent, I ask unanimous consent to speak thedral doors, and faced with excom- Employers were satisfied with the rules in as in morning business for up to 15 munication stated: ‘‘Here I stand. I can place before the Ledbetter decision. Prior to minutes. do no other.’’

VerDate Nov 24 2008 02:49 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.020 S21JAPT1 jbell on PROD1PC69 with SENATE S710 CONGRESSIONAL RECORD — SENATE January 21, 2009 Over the years, across the globe, that confidence of those 7 billion souls and been corrupted and are not put right, light, and the darkness of tyranny and our lively experiment is, I believe, the that past will assuredly bear on the fu- cruelty, have ebbed and flowed. But for strongest power in our national arse- ture. the duration of our Republic, even nal, stronger than atom bombs. We In an ongoing enterprise such as gov- though our Republic is admittedly im- risk it at our peril. ernment, the door cannot be so conven- perfect, that light has shown more Of course, when our own faith is di- iently closed on the closets of the past. brightly and more steadily in this Re- minished at home, this vital light only The past always bears on the future. public than in any place on Earth as we dims further, again, at incalculable Moreover, a democracy is not just a adopted the Constitution, the greatest cost. So when an administration rigs static institution. It is a living edu- achievement yet in human freedom; as the intelligence process and produces cation, an ongoing education in free- boys and men bled out of shattered false evidence to send our country to dom of a people. bodies into sodden fields at Antietam war; when an administration descends As Harry Truman said, addressing a and Chickamauga, Shiloh, and Gettys- to interrogation techniques of the In- joint session of Congress back in 1947: quisition of Pol Pot and the Khmer burg to expiate the sin of slavery; as One of the chief virtues of democracy is we rebuilt shattered enemies, now Rouge, descends to techniques that we that its defects are always visible, and under friends, overseas and came home after have prosecuted as crimes in military democratic processes can be pointed out and winning world wars; and as we threw tribunals and Federal trials; when in- corrected. off bit by bit ancient shackles of race stitutions as noble as the Department Entirely apart from tentacles of the and gender to make this a more perfect of Justice and as vital as the Environ- past that may reach into the future are Union for all of us. mental Protection Agency are system- the lessons we as a people have to learn What has made this bright and atically and deliberately twisted from from this past carnival of folly, greed, their missions by odious means of in- steady glow possible is not that we are lies, and sabotage, so that it can, under stitutional sabotage; when the integ- better people, I believe, but that our democratic processes, be pointed out rity of our markets and the fiscal secu- system of government is government of and corrected. If we blind ourselves to rity of our budget are open wide to the the people, by the people, and for the this history, if we pull an invisibility frenzied greed of corporations, specu- people. Why else does our President cloak over it, we will deny ourselves its lators, and contractors; when the in- take his oath to defend the Constitu- lessons. Those lessons came at too tegrity of public officials, the warnings tion of the United States of America? painful a cost to ignore. Those lessons of science, the honesty of government Our unique form of self-government is merit discovery, disclosure, and discus- procedures, and the careful historic a blessing, and we hold it in trust, not sion. Indeed, disclosure and discussion balance of our separated powers of gov- just for us but for our children and is the difference between a valuable ernment are all seen as obstacles to be grandchildren down through history; lesson for the bright upward forces of overcome and not attributes to be cele- not just for us but as an example out our democracy and a blueprint for brated; when taxpayers are cheated and through the world. darker forces to return and do it all the forces of government ride to the That is why our Statue of Liberty over again. rescue of the cheaters and punish the raises a lamp to other nations still A little bright, healthy sunshine and whistleblowers; when a government engloomed in tyranny. That is why we fresh air so that an educated popu- turns the guns of official secrecy stand as a beacon in this world, beck- lation knows what was done and how against its own people to mislead, con- oning to all who seek a kinder, freer, can show where the tunnels were bored, fuse, and propagandize them; when gov- brighter future. when the truth was subordinated, what ernment ceases to even try to under- We hold this unique gift in trust for institutions were subverted, how our stand the complex topography of the the future and for the world. Each gen- democracy was compromised; so this difficult problems it is our very pur- eration assumes responsibility for this grim history is not condemned to re- pose and duty to solve and instead Republic and its Government, and each peat itself; so a knowing public, in the cares only for those points where it generation takes on a special obliga- clarity of day, can say: Never, never, intersects with party ideology so that tion when they do. Our new President never again; so we can keep that light, the purpose of government becomes no closed his inaugural address by setting that light that is at once America’s longer to solve problems but only to forth the challenge by which future greatest gift and greatest strength work them for political advantage; in generations will test us: Whether ‘‘with brightly shining. To do this, I submit, short, when you have pervasive infil- eyes fixed on the horizon and God’s we must look back. tration into all the halls of govern- grace upon us, we carried forth that I yield the floor. great gift of freedom and delivered it ment—judicial, legislative and execu- The PRESIDING OFFICER (Mr. safely to future generations.’’ tive—of the most ignoble forms of in- BEGICH). The Senator from Wyoming is There are no guarantees that we will. fluence; when you see systematic dis- recognized. This is a continuing experiment we are mantling of historic processes and tra- embarked upon and a lot is at stake. ditions of government that are the AMENDMENTS NOS. 28 AND 29, EN BLOC Indeed, the most precious thing of safeguards of our democracy; and when Mr. ENZI. Mr. President, I ask unani- man’s creation on the face of this you have a bodyguard of lies, jargon, mous consent to set aside the current Earth is at stake. That is what I be- and propaganda emitted to fool and be- amendment so that I may offer two lieve. guile the American people, well, some- amendments, amendments Nos. 28 and So from that perspective, what about thing very serious in the history of our 29, and then return to the pending the past? No one can deny that in the Republic has gone wrong, something amendment. last 8 years America’s bright light has that dims the light of progress for all The PRESIDING OFFICER. Without dimmed and flickered, darkening our humanity. objection, it is so ordered. country and darkening the world. The As we look forward, as we begin the The clerk will report. price of that is incalculable. There are task of rebuilding this Nation, we have The legislative clerk read as follows: nearly 7 billion human souls in this an abiding duty to determine how The Senator from Wyoming [Mr. ENZI] pro- world. Every morning, the Sun rises great the damage is. I say this in no poses amendments en bloc numbered 28 and anew over their villages and hamlets spirit of vindictiveness or revenge. I 29. and barrios, and every day they can say it because the thing that was sul- The amendments are as follows: choose where to invest their hopes, lied is so precious. I say it because the AMENDMENT NO. 28 past bears upon the future. If people their confidence, and their dreams. (Purpose: To clarify standing) I submit that when America’s light have been planted in government in shines brightly, when honesty, free- violation of our civil service laws to Beginning on page 3, line 22, strike ‘‘adopt- ed,’’ and all that follows through ‘‘includ- dom, justice, and compassion glow serve their party and their ideology in- ing’’ on page 4, line 1, and insert ‘‘adopted or from our institutions, it attracts those stead of serving the public, the past when an individual becomes subject to a dis- hopes, those dreams, and the force of will bear upon the future. If procedures criminatory compensation decision or other those 7 billion hopes and dreams, the and institutions of government have practice, including’’.

VerDate Nov 24 2008 03:11 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.060 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S711 AMENDMENT NO. 29 through a couple hundred very detailed to be pulled back a little bit? Again, we (Purpose: To clarify standing) amendments, and that would be re- didn’t talk about principles. We didn’t Beginning on page 5, line 6, strike ‘‘adopt- solved between the Members. That is go through committee. We didn’t put ed,’’ and all that follows through ‘‘includ- the most effective way to address the in multiple amendments that could ing’’ on page 5, line 10, and insert ‘‘adopted issue and to get it resolved. have brought up some of these points, or when a person becomes subject to a dis- The issue that was raised is, what if so here we are on the floor of the Sen- criminatory compensation decision or other an employer discriminated against an ate kind of doing up-or-down amend- practice, including’’. employee because she was female and ments and I am sure arriving at things AMENDMENT NO. 25 paid her less than male colleagues that, even if they pass, will come to Mr. ENZI. Mr. President, I rise to doing the same job with the same skills raise a lot of questions in a very short speak in support of the Hutchison and experience? That is terrible. Such period of time. That is not what we are amendment. Before I do that, I want to conduct by an employer has been ille- supposed to be getting done for the voice some concern, again, about the gal for 45 years under one statute and American people. process we have gone through on this 46 under another. But like virtually all The Hutchison amendment does not bill and that we might be going rights of action, it has to be exercised present a direct threat to our already through on others. I just came from a within a statute of limitations. So this struggling defined benefit pension sys- health care meeting where we are, in a bill’s supporters ask: What if the em- tem. The more strain we put on that, bipartisan way, trying to reform health ployer hid the information the em- the less people are going to do it, and care. That is being done the right way. ployee needed to realize she was the we want people to have pensions. So for We have a task force and the task force victim of discrimination and she all of those reasons, I will support Sen- missed the deadline to sue? We don’t has set down principles and questions. ator HUTCHISON’s wise and effective ap- want that to happen, and courts have Those of us on the task force are re- proach, one that could probably be ne- dealt with that issue by extending the turning to Members of our side of the gotiated finer and done more carefully, statute of limitations on a case-by-case aisle and gathering their input, an- but that would be committee work. I basis through the use of estoppel and swers, and additional questions. We will support it because I think it is a equitable tolling. The reason this was will keep going through this process wise and effective approach that will not applied in the Lilly Ledbetter case until we have hammered out the prin- ensure that no one loses the right to ciples. Then we will start putting sub- was because there she stated in court proceedings that she was aware of the sue because they didn’t have the infor- stance in it. Then it will go to the two mation to realize they were being mis- committees of jurisdiction. That pay disparity many years before she brought the lawsuit. But putting her treated. That is our goal. makes it a lot more difficult than most While I am expressing strong support case aside, I can certainly agree that bills. It will go to both the HELP Com- of S. 166, which is the Hutchison alter- the statute of limitations should be ex- mittee for the health policy portion, native, and I spoke on this matter ear- tended, particularly in cases where an and then it will go at the same time to lier, I continue to express my deep con- employer has deliberately hidden the the Finance Committee for the way to cern shared by most of my colleagues finance what we are talking about in fact of discrimination. UTCHISON’s amendment about the way the bill has been han- the policy. Senator H does just that. It codifies the discretion dled. I will keep bringing that up on We did this on the pension bill. That this and every bill that skips the proc- was a 1,000-page bill that only took up courts have applied for years. Under the Hutchison amendment, individuals ess. an hour of floor time while we debated who, because of conscious concealment By circumventing the regular order two amendments, had those two votes, or simple lack of information, are not and not subjecting this legislation to and a final vote. That is the simpler aware of discrimination are not pre- the committee amendment process, I way of doing bipartisan work that vented from filing and pursuing their believe it has inadequate review and winds up with an actual result. So discrimination claim, even if it is well debate and no opportunity for a meas- often here we spend all of our time de- beyond the statute of limitations. Here ured consideration of other means of bating the 20 percent we don’t agree on we have an amendment that would pro- achieving its same stated legislative and fail to look for any kind of a third vide some statute of limitations but goals. That is a process which should way of doing something that solves the takes care of that case where somebody be done in committee, not attempted problem we started out on originally. illegally hides information or where it to be done on the floor. However, that This is not a very conducive atmos- isn’t the normal course of business to is the route that is being forced on us, phere to negotiate anything. It is not a get that information. the minority, so that is the route we negotiation. It is a lay down your I wish to review what the Hutchison will have to follow now. We hope this is amendment, have it voted up or down, amendment does not do. It does not not a precedent-setting bill—or prece- and because there can’t be any nuances eliminate the statute of limitations for dent-setting process. It definitely will in it, the hundred voices are not heard. all employment discrimination cases be a precedent-setting bill regardless of The voices of the constituents of the and thereby create a litigation bo- whether it is S. 181 or S. 166. Yet when 100 people who serve here are not nanza. It does not eliminate the incen- we compare the substance of S. 181 heard. We vote down a lot of things. tive for employees to air and resolve with that of the Hutchison bill, it Occasionally, we vote for something. concerns about whether they are being should be clear the legislation has suf- But usually, what is brought to the treated fairly in the workplace. It does fered from a lack of process and the re- floor is done so without any kind of a not open up standing to bring employ- view and scrutiny it needs and could real set of principles, let alone con- ment discrimination cases to individ- bring. sensus, and thus, never makes it uals other than the affected employee. Now, we should begin by first keep- through the body. That is an important part right there. ing clearly in mind the harm which S. I know there have been some changes In the bill we are talking about, I know 181 was purportedly designed to ad- in majority and minority. That will we would have extensive committee dress. The problem is a simple one. still hold true, and I appreciate the ma- discussion about other affected parties. Title VII requires that the victims of jority agreeing that there will be Who would they be? How long could employment discrimination must com- amendments and that I got to offer two they make a claim? Can it be genera- mence a legal claim within 180 days of amendments that we will be debating tions later? Does it have to be at the the act of discrimination, or in the and voting on later, I hope. This is time of death, while the person is still case of a series of discriminatory acts, kind of a test to see if we are going to working there? We can’t tell from the within 180 days of the last act in the do anything in a bipartisan way, and to bill, but other affected persons is any- series. see if we can do it from the floor of the body the person may or may not be re- I should note that in most States the Senate rather than in committee. This lated to who could be affected by the limitations period is actually 300 days. has not had a committee markup. This decision. But in Mrs. Ledbetter’s home State of has not had the voice of the 23 people Can you think of anything broader Alabama, it is 180 days, so I will use working, in some detail probably, than that? Don’t you think that ought that number in my statement today.

VerDate Nov 24 2008 03:11 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.032 S21JAPT1 jbell on PROD1PC69 with SENATE S712 CONGRESSIONAL RECORD — SENATE January 21, 2009 When title VII was drafted, Congress Limitation periods, such as the 180- the American people expect us to do consciously used the 180-day period be- day period for Title VII employment business, and it is not the way we will cause they wanted to ensure that all discrimination claims, are a feature in get things done. claims of employment discrimination every law that grants the right to Now, on this bill a vast number of were raised immediately and remedied someone to bring a legal action against people voted to proceed to the bill, and quickly—get the relief to the person someone else. They are universal be- we all waived the 30 hours that could right away. However, what happens if cause such limitations serve two very have been required before we could the victim does not know he or she has important purposes. even make the first amendment. It was been discriminated against? There are First, the existence of a limitations a nice concession on both sides; speeds a lot of possible examples of this. Sup- period is an inducement to those who up the process. But there are a number pose an individual who is a member of have claims to seek redress promptly. of opportunities—if the process were to a racial minority applies but is not se- All of us have an interest in a society get jammed—that huge hours can be lected for a job bid or a promotion yet where the laws are promptly enforced added to the deliberations on this bill learns, more than 180 days after being and, where the beneficiaries of those that do not need to be, that would not denied the job, that it was awarded to laws are promptly protected and have been, probably, had it gone a White applicant with the same or promptly compensated. This is particu- through the committee amendment lesser qualifications? Or suppose a fe- larly true in the area of discrimination process. male worker receives a wage increase where society benefits best when dis- I just cannot emphasize enough how but does not learn until well beyond 180 crimination is immediately exposed important that is to me. I made sure it days from when she gets the wage in- and immediately remedied. It may af- happened when we were in the major- crease that she has received less than fect more than just the one person. ity. I am hoping it will happen on fu- her male peers? She may not know she Second, limitations periods serve to ture bills while I am in the minority. is being compensated less because her ensure fairness in our litigation proc- Cooperation around here gets a lot employer has intentionally hidden ess. The simple truth is that the more more done, and that is what the Amer- those facts or simply because employ- removed in time an event is, the less ican people expect of us. ees may simply not know such infor- likely anyone is to remember it clearly I yield the floor. mation. In either case, the result is the or accurately. In a work setting, those Mr. SANDERS. Mr. President, I sug- same—the employee, through no fault who made compensation decisions 5, 10, gest the absence of a quorum. of his or her own, simply does not 20 years ago, may no longer be around. The PRESIDING OFFICER. The know they may be the victim of dis- And even if they are around, how could clerk will call the roll. crimination until well beyond the 180 they possibly remember with any accu- The legislative clerk proceeded to days from the time they received their racy the basis for the decisions? Under call the roll. wage increase or lose their job bid. Mr. REID. Mr. President, I ask unan- Let us be completely clear. I do not our Tax Code, records are not kept nearly that long for individuals or for imous consent that the order for the believe there is anyone who believes an quorum call be rescinded. employee in any of those or similar cir- businesses. The inability to fairly defend against The PRESIDING OFFICER. Without cumstances should lose the right to file objection, it is so ordered. a discrimination claim because they a claim and the inability to develop re- f did not have the necessary facts and liable evidence are the exact reasons did not have any reason to know they why laws invariably contain a limita- COMMUNICATION FROM SENATOR were being discriminated against be- tions period. Limitations periods are HILLARY RODHAM CLINTON why someone cannot come along and fore the 180 days passed. This was pre- The PRESIDING OFFICER. The try to sue you over an automobile acci- cisely the problem that S. 181, the Chair lays before the Senate the fol- dent that took place 20 years ago, or Ledbetter bill, was allegedly designed lowing communication. commence a legal action to take your to address. If that were actually the The assistant legislative clerk read house away because of a claimed defect case, I would vote for the Ledbetter as follows: bill. But the Ledbetter bill goes way in the title that is decades old, and why the Government cannot pursue ac- U.S. SENATE, beyond addressing the kind of situa- Washington, DC, January 21, 2009. tions against citizens that have become tions I have outlined here—so far be- Hon. JOSEPH R. BIDEN, Jr. yond that it creates new problems that stale with time. President, U.S. Senate, make supporting it impossible for me But S. 181 would do away with such U.S. Capitol, Washington, DC. and many other fair-minded Members. limitation periods in employment dis- DEAR MR. VICE PRESIDENT: This letter is to By contrast, the Hutchison bill di- crimination cases and allow individ- inform you that I resign my seat in the rectly addresses and solves the very uals to reach back in time to raise United States Senate effective immediately in order to assume my duties as Secretary of problems I have outlined. Under the claims about which there is no fair chance to defend, no evidence of any State of the United States. Hutchison bill, the denied job applicant Sincerely yours, value, and possibly nobody who was who did not learn the facts until long HILLARY RODHAM CLINTON. after his bid was denied or the female even there. We do not have to do this worker who did not know her wage dif- to address the concerns raised by the f ferential compared to her male peers, proponents of S. 181. Senator MORNING BUSINESS either because of conscious conceal- HUTCHISON’s bill addresses those con- ment or simple lack of information, cerns completely. are not prevented from filing and pur- S. 181 has a number of other problems THE INAUGURATION OF suing their discrimination claim, even which will be explained by my col- PRESIDENT OBAMA if it is well beyond the 180 days from leagues as we proceed to this bill, such Mr. MCCONNELL. Mr. President, yes- when they got the raise or did not get as the potential to severely destabilize terday the Nation and the world wit- the job. The Hutchison bill does this by defined benefit pension plans and the nessed the peaceful transfer of power making the 180-day period a flexible expansion of individuals with standing from one President to the next. one that can be readily extended in the to sue under civil rights laws. These While this now seems normal and kind of cases I have mentioned. are normally the kind of discussions we fair, the idea that a head of state would On the other hand, the Ledbetter bill would have in the committee of juris- relinquish his power willingly amazed does this by eliminating the 180-day diction, which in this case would be the many when George Washington will- limitation period completely. The Health, Education, Labor, and Pen- ingly stepped down as commander-in- Hutchison bill is a rifle shot to solve a sions Committee, where our members chief. problem that everyone agrees must be and staff are well-versed in employ- Two centuries later, that idea serves solved. The Ledbetter bill is a shotgun ment laws. However, the majority’s ac- as one of the strongest principles of our blast that causes collateral damage to tions will require us to have those dis- democracy. important safeguards in our system of cussions on this floor. It is not the way I congratulate President Obama, Vice laws. I want to do it, and it is not the way President BIDEN, and their families.

VerDate Nov 24 2008 03:11 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.063 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S713 I am proud to say that the Common- tion of Mr. Lynn will send within the Lynn is nominated to what is fairly wealth of Kentucky was well rep- Department of Defense and across the characterized as the most critical man- resented during this week’s historic Federal Government. While I will not agement position within DOD and per- celebration. object to Mr. Lynn’s confirmation by haps the most important position in My office received thousands of re- the U.S. Senate today, I feel it impor- the making of significant decisions on quests from Kentuckians for inaugura- tant for me to express my concerns as major defense acquisition programs. In tion tickets. While we only had about a matter of record. other words, Mr. Lynn will have pos- 400 tickets to give out, many more Following service in various defense sibly the most powerful position in the came for the event and for the celebra- ‘‘think tanks’’ and as a Senate aide, in Department to influence how the De- tions. 1993 Mr. Lynn joined the Department of partment does business with private in- The inauguration of the country’s Defense as an executive, first as Direc- dustry and, in some cases, to influence first African-American President is tor of Program Analysis and Evalua- with whom the Department does busi- truly a reason for the whole country to tion. In 1997 he was promoted to be the ness. celebrate. Department’s Comptroller, where he To be frank, the way DOD does busi- It is no secret I wish he were a con- served until 2001 when the Clinton pres- ness with defense contractors must servative Republican, but regardless of idency concluded. change because the status quo is unac- party, this is a proud moment for our After a short stint as a consultant, ceptable. In part because of Mr. Lynn’s country, and I congratulate him and Mr. Lynn made a decision that many recent past, I am concerned that he his family. And I hope his beautiful DOD executives before him have made. will not bring the sense of urgency to daughters come to like their new He decided to accept a senior position or, worse yet, see the need for substan- home. in defense industry, where his exper- tial reform in DOD’s weapons and serv- America certainly will face many tise, experience and contacts within ices procurement practices. Further, in challenges ahead, and the Congress will DOD were greatly sought after and val- my limited interaction with Mr. Lynn work with our new President to find ued. Specifically, Mr. Lynn joined the to date, I have not sensed a strong solutions. defense giant Raytheon as a senior ex- commitment to this type of change, al- Where the President seeks to cut ecutive handling management and gov- though I understand he has commu- wasteful spending, reduce the national ernment relations. nicated such a commitment to others debt, provide tax relief for working Mr. Lynn has served with Raytheon with greater vigor. Americans, or work towards energy since that time and continues there To be clear, I am not questioning Mr. independence, he will have Republican pending his confirmation today. Impor- Lynn’s integrity. His integrity has support. been testified to by many of his present When he works to tackle big issues, tantly, it appears that Raytheon sub- and does so by listening to and taking stantially improved the integrity of its and former colleagues. He is clearly into account all sides he will find enor- government contracting operations highly regarded by our incoming Presi- mous support here in the Capitol. during Mr. Lynn’s tenure, a time when dent and his administration. And I am And to help get his administration Raytheon also built itself into the encouraged by the historic ethics off to a smooth beginning, the Senate fourth largest defense contractor in the guidelines that President Obama has yesterday confirmed seven Cabinet- U.S. and the fifth largest in the world. put in place just today for officials in level positions. On repeated occasions in this body, I his administration. I am confident that Today we will consider the nomina- have expressed my deep concerns with Mr. Lynn will fully meet the letter of tion of a fellow Senator, Mrs. CLINTON, the revolving door between industry these new rules and act much more as Secretary of State; more nomina- and government. Those concerns are broadly in living up to their spirit both tions will be considered in the days amplified when I speak of DOD, which in his individual actions and in his ahead. is well known for its wealth of ‘‘insid- oversight of other DOD officials. It is my intent that Congress and the ers’’ and its closeness to the military- Let me close by making mention of new administration can work together industrial complex. It is not uncom- the exchange I had with Mr. Lynn at to find solutions that are equal to the mon to hear people speak of the fact the Committee on Armed Services. I moment. Confirming these administra- that DOD is an insider’s game. Some put much of what I have discussed here tion nominees is a good step in that di- try to explain away this insider’s no- in regards to my concerns with the re- rection. tion by claiming that the complexity volving door at DOD before Mr. Lynn. Now that the balls and parades are of DOD and its weapons and services I further discussed concerns that he behind us, the hard work of governing buying operations require these types may face a conflict of interest because lies ahead. I am eager to get started of relationships. Even as I acknowledge his former employer Raytheon is a doing the business of the American the complexity of the DOD operation, I major defense contractor. Mr. Lynn of- people. tend to believe this ‘‘special knowl- fered a limited response to my ques- NOMINATION OF WILLIAM LYNN edge’’ concept is a double-edged sword tion, committing to meet every ethical Mrs. MCCASKILL. Mr. President, on which at a minimum can lead to an ap- requirement of the Department of De- Tuesday our Nation witnessed the his- pearance of impropriety. fense. I have no doubt that he will toric swearing in of President Barack Returning to Mr. Lynn, it is clear meet these requirements and frankly Obama. President Obama has nomi- that his case presents a strong example exceed them. But Mr. Lynn did not dis- nated Mr. William Lynn to the position of this industry-government executive cuss his views on the revolving door at of Deputy Secretary of Defense. In this revolving door phenomenon. Frankly, DOD, of the adequacy of the ethical time of war and economic crisis, the we live in a time when many Ameri- controls at DOD or of any willingness U.S. Senate has endeavored to rapidly cans, not just those who watch DOD to further study these issues if con- take up the nomination of Mr. Lynn, as closely, know of concerns about the re- firmed. I hope nonetheless that he will well as many other senior nominees to lationship of DOD with contractors. take these issues up during his tenure the Obama administration, to provide More specifically, many believe that at DOD. I firmly believe that business our new President the ability to begin defense contractors have the ability to as usual must come to an end at DOD, his work with key members of his team influence DOD decisions for the profit both as to these matters and in regards from the outset. of the contractor but not necessarily to many more. The chief management Last week, Mr. Lynn faced the mem- for the best interest of DOD or, for that Officer at DOD, of which Mr. Lynn will bers of the Senate Committee on fact, the taxpayer. With this backdrop, serve, must be a reformer, a discipli- Armed Services in a hearing conducted setting aside Mr. Lynn’s merits, the narian, a person committed to change to vet Mr. Lynn. I attended that hear- narrative of his story alone is problem- and a person willing to challenge the ing and posed questions to Mr. Lynn. atic. Further, it comes at a time when system in order to drive change. The day prior I also visited privately we are vigorously endeavoring to re- As stated earlier, I will not oppose with him to discuss his nomination. store public confidence in government. the nomination of Mr. Lynn. Even as I I have significant concerns about the My concern perhaps might be miti- have expressed my concerns today, I message the nomination and confirma- gated were it not for the fact that Mr. respect Mr. Lynn and the views of so

VerDate Nov 24 2008 04:37 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.018 S21JAPT1 jbell on PROD1PC69 with SENATE S714 CONGRESSIONAL RECORD — SENATE January 21, 2009 many of my colleagues and of his For instance, I was proud to support tional security issues. Later I was very former colleagues about his abilities him in his tremendous work on the pleased to have her support for my ef- and his commitment to improving the COPS program. In turn I appreciate his fort with Majority Leader HARRY REID state of affairs in business operations steadfast support of campaign finance to safely redeploy our troops from Iraq, at DOD. I am excited by the oppor- reform issues over the years. and I look forward to continuing to tunity he has before him. And I am op- Most of all, I want to say how much work with her on these critically im- timistic about what he will accomplish I have enjoyed serving with Senator portant issues as she becomes our next alongside many others on the team BIDEN on the Foreign Relations and Ju- Secretary of State. Once again, I thank that will form at DOD. But I will be diciary Committees. I also can attest her for her service in this body, and I watching closely because this is my to his mastery of the complicated wish her all the best as she continues duty to the people of Missouri, to the issues he faced in both committees. It her service to the American people. people of America and to the command is a huge challenge to take on the KEN SALAZAR of our constitution. chairmanship of a Senate committee, Mr. President, I join my colleagues in and to do it well, but to serve with f thanking KEN SALAZAR for his out- such distinction as chair of two of the standing service to the people of Colo- TRIBUTE TO SENATORS Senate’s most important committees is rado over the last 4 years. It has been very rare, and it speaks volumes about BARACK OBAMA a pleasure to work with him on a num- JOE BIDEN’s service in this body. Mr. FEINGOLD. Mr. President, today ber of issues; he is extremely easy to I have always found Senator BIDEN to work with, both someone of integrity I want to take a moment to thank be someone who I could talk with seri- President Obama for his service in the and great personal decency. In par- ously about issues of mutual concern, ticular, he has been one of the Senate’s Senate. Our new President has some or when we disagree. He is open-minded very difficult challenges ahead, as he leaders when it comes to protecting the and he really listens. That quality will rights and freedoms of the American faces a serious economic downturn, and surely serve him well in his new posi- many critically important national se- people as we work to strengthen our tion. He also, in my view, can be national security. I was proud to work curity issues. But he has already shown uniquely persuasive. He is one of the his ability to handle tough challenges with him and a bipartisan coalition of few Senators who I have actually seen Senators on the SAFE Act to change through his outstanding work here in change people’s minds during a com- the Senate since his election in 2004. flawed provisions of the PATRIOT Act. mittee debate. In a policy fight involv- I also appreciated his critical support From the moment he arrived, Barack ing complex issues, JOE BIDEN is some- Obama showed himself to be an out- of the NSL Reform Act, to address the one who you want to have on your side. serious misuse of the FBI’s national se- standing legislator and public servant. Now Senator BIDEN becomes Vice curity letter authorities. I also know I was very pleased to work with him on President, and I know he will serve the Senator SALAZAR’s deep commitment ethics and lobbying reform issues, first Nation with the same outstanding to public lands and energy resources authoring a bill together, and then commitment and skill with which he issues, and I think he will be an excel- working together to pass the Honest served the people of Delaware. I thank lent Secretary of the Interior. Again, I Leadership and Open Government Act. him for his many years of distin- thank him for his service in this body, Passing that landmark legislation took guished service in the Senate, and look and I look forward to continuing to a determined, focused effort over many forward to continuing to work with work with him as he assumes the lead- months, and then-Senator Obama him, and President Obama, in the years showed that he was both a deeply prin- ership of the Interior Department. to come. Mr. DODD. Mr. President, I want to cipled, and very effective, member of HILLARY RODHAM CLINTON this body. I was also pleased to work say a word of good wishes to the senior Mr. President, I am pleased to join Senator, albeit very briefly, from Colo- with him on a number of other issues, my colleagues in thanking Senator rado, KEN SALAZAR, as he leaves the including the presidential public fund- HILLARY RODHAM CLINTON for her out- ing legislation, and I look forward to Senate to become Secretary of the In- standing service in the Senate, and terior. his continued support on that issue in wishing her our very best as she be- this new Congress. As the son of 11th generation immi- comes our Secretary of State. One of grants, from a family that farmed I was proud to support his efforts, the many reasons I strongly support along with many other members, on Colorado’s San Luis Valley for a cen- her nomination for Secretary of State tury and a half, no one has a deeper, the efforts to support our wounded is because I have had the pleasure of warriors, which he championed. And, more powerful connection to what op- working with Senator CLINTON, and I portunity means in this country than finally, I thank him for his support of know what a skilled legislator and my bill, authored with Majority Leader KEN SALAZAR. committed public servant she is. We I can remember one of the first times HARRY REID, to safely redeploy our have worked on a number of issues to- I met Senator SALAZAR. After we had troops from Iraq. His support helped to gether over the years, including fight- exchanged greetings, I said to him, build momentum for our effort to rede- ing for family farmers and especially ‘‘My family came to America in the ploy the troops from Iraq and move to- the dairy farmers that are so impor- 1800s. When did your family come ward a better national security strat- tant to both New York and Wisconsin. here?’’ egy, and I thank him for it. Finding common ground, we worked He replied, ‘‘Oh, about 500 years ago.’’ We will miss his presence here in the together to make sure dairy markets Indeed, it is remarkable to think Senate, but of course the Nation needs functioned properly, to improve the that the descendant of a family that his unparalleled skills, and deep com- milk income loss contract or MILC settled in the American West almost mitment to public service, more than program, and pushing for country-of- half a millennium ago will soon be a ever as he is now President of the origin labeling, or COOL, legislation Member of the cabinet of first African- United States. I look forward to con- for dairy products. I was also proud to American President of the United tinuing to work with him on issues im- support the Paycheck Fairness Act, States. portant to the American people, and I which she authored, and to work with Only in America. thank him once again for his service her on many other issues. Indeed, though his parents, who here in the Senate. I also had the opportunity to travel served their country in World War II, JOSEPH BIDEN with Senator CLINTON and a number of were not college-educated themselves, Mr. President, it has been a pleasure other senators on an official trip to Af- they made sure that KEN, his brother, to serve with Senator JOE BIDEN for the ghanistan, Iraq, Kuwait and Pakistan, John, and their six brothers and sisters last 16 years. He is an outstanding col- where we listened to service men and all graduated from college. league and a good friend, and I know women on the ground, as well as local To be sure, Senator SALAZAR is a son that he will make a terrific Vice Presi- leaders. On that trip Senator CLINTON of Colorado—a small businessman who dent. I have been pleased to work with deeply impressed me with her depth of owned ice cream stores and radio sta- him on so many issues over the years. knowledge on foreign relations and na- tions and a farmer for more than 30

VerDate Nov 24 2008 03:11 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.037 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S715 years. Indeed, he practiced water and immigration and border security; to because the Secretary has been an in- environmental law. Our colleague’s af- air, rail, and highway travel security; strumental ally in implementing legis- fection for the pristine, majestic beau- cybersecurity; science and technology; lation I was honored to draft with my ty of the Silver State and its people is biological and chemical security; and colleague on the committee, Senator embedded in his DNA. infrastructure protection. Unfortu- COLLINS, to transform FEMA into a Senator SALAZAR also made a mark nately, the Secretary gets no credit for stronger, more accountable, and more instantly on this institution. In 4 terrorist attacks that have been avert- coordinated agency. It is now elevated years, he developed a reputation for ed and, of course, would be blamed if an to a special status within DHS—like bringing people together in common attack were to occur. Let me say that the Coast Guard—so that its authori- purpose—whether it was advancing re- I believe our country is safer than it ties and assets cannot be changed with- newable energy policy, confirming was when Secretary Chertoff began his out congressional approval and its ad- judges, standing up to abuses at the tenure at the Department, and it is in ministrator is the President’s principle Justice Department, or championing part due to his attentive and forceful adviser in an emergency. Key FEMA the State Children’s Health Insurance leadership—and the dedicated service officials now are required to have rel- Program. of the men and women he had led—that evant emergency management experi- And I would add that as we work to the country has been spared from an- ence; its preparedness duties are united expand that latter program today, his other terrorist attack. His contribu- with its response functions so that the leadership will be missed. tion toward efforts to disrupt the plot same people who prepare for emer- His time in this institution was to destroy airplanes en route from gencies also respond to them. FEMA short, but he has made those moments Great Britain to the United States in now has responsibility for dispensing $2 billion in homeland security grants and count. As Senator SALAZAR seeks to August 2006 is especially noteworthy. find a balance between renewables and Secretary Chertoff brought a rig- its 10 regional offices are getting fossil fuels in the administration’s en- orous, clear-eyed intensity to the De- stronger by the day. To the Secretary, ergy choices, protect our public lands, partment’s many challenges. He has I would say that the Department’s and restore integrity to what has been worked hard to set priorities for the much improved internal coordination and coordination with State and local a deeply troubled Department, I am Department and lay out a roadmap to officials during the 2008 hurricane sea- confident that as Interior Secretary he achieve goals. While we in Congress son attests to the improvements that will bring the same temperament to have not agreed with all of his deci- have been made. the job that he has brought to his re- sions, he has spoken clearly about his There are many other areas in which sponsibilities in the Senate, never for- goals and been honest with us and the Secretary Chertoff’s leadership has getting those who came before us— American people about the difficult been instrumental, including border whose sweat and heart remain at the tradeoffs involved in many aspects of and port security, chemical security, very foundation of this great country homeland security. information-sharing, and developing of ours. Obviously, the Department is still a the architecture to protect the nation And so, today, we thank Senator work in progress with many challenges of terrorist attacks using weapons of SALAZAR for his service and wish him ahead. But the Secretary has made an mass destruction. And, of course, all well. As he has throughout his life, I indelible mark in a number of areas. I Americans who travel by air have been have no doubt he will do a remarkable will mention just a few that are of deep made safer by the Secretary’s focus on job for our Nation. importance to me. First, I would note improving the Transportation Security f that it has been under Secretary Administration. Chertoff that the serious work of pro- TRIBUTE TO MICHAEL CHERTOFF I cannot talk about all of the Sec- tecting the government’s information retary’s accomplishments today. But I Mr. LIEBERMAN. Mr. President, I technology infrastructure began. Our would be negligent if I did not thank rise to express my deep gratitude to enemies and economic competitors are him for his assistance in achieving a Secretary Michael Chertoff for the highly skilled at using computer sys- goal that has a very low national pro- service he has given his country over tems to try to gain advantage over us. file, but which has significant rami- the past 4 years as head of the Depart- Secretary Chertoff realized this, took fications for the 200,000 employees at ment of Homeland Security. the threat seriously, and moved to se- the Department. I am talking about ef- Secretary Chertoff came to the job in cure government networks in a coordi- forts to consolidate most of the De- February 2005, upon the retirement of nated, comprehensive way through the partment’s headquarters under one the Department’s first leader, Pennsyl- creation of the comprehensive national roof at St. Elizabeths Hospital campus vania Governor Tom Ridge, with an cybersecurity initiative, CNCI. CNCI is in southeast Washington. The Depart- impressive record of public service as a still in its nascent stages and many ment’s headquarters is spread through- Federal judge, an assistant attorney other agencies have responsibility for out more than 70 buildings across the general, and a prosecutor. He leaves of- its success, but I am pleased the Sec- Washington area, making communica- fice in the next few days with even retary moved with resolve to improve tion, coordination, and cooperation be- greater distinction for shepherding the our defenses against cyberintruders. tween its component parts a real chal- Department through the growing pains Under Secretary Chertoff’s leader- lenge. A unified headquarters would of, shall we say, its toddler years, mak- ship, DHS has made important strides allow employees to work more effi- ing great strides to turn the amalgam in improving its financial manage- ciently and interactively and is a crit- of 22 agencies—all with different cul- ment. DHS has taken important steps ical cornerstone of the efforts to im- tures and missions—and 200,000 em- toward improving its grades from OMB prove management and integration at ployees into a single, focused Depart- on information security, and, I am told the Department. I am pleased the Na- ment. His commitment to the security OMB’s latest data will show that the tional Capital Planning Commission of the American people remains un- morale of the Department’s employees recently approved a master plan for a swerving, for which he deserves the Na- has definitely improved. consolidated headquarters at St. Es. I tion’s appreciation. To his credit, Secretary Chertoff expect construction to begin later this Leading the Department of Homeland learned from his Department’s mis- year, And I thank Secretary Chertoff Security is one of Washington’s tough- takes responding to Hurricane Katrina for his leadership in this effort. est jobs and probably one of the most and set to work to recreate FEMA, and In the short time since it was created thankless. The Department of Home- enable it to leverage DHS’ many other in 2002, the Department of Homeland land Security carries with it the awe- significant resources, so that it can be- Security has become an equal among some responsibility for safeguarding come, for the first time in its history, the most important government agen- the Nation against terrorist attacks an emergency management agency ca- cies responsible for our national secu- and natural disasters. It incorporates pable of responding to a catastrophic rity, such as the Department of De- many different agencies, with missions disaster. fense. Secretary Ridge launched the critical to the American people, rang- The fact is that today, FEMA is not process and admirably led the Depart- ing from emergency management; to the same agency it was in 2005. That’s ment through the initial challenge of

VerDate Nov 24 2008 03:11 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.041 S21JAPT1 jbell on PROD1PC69 with SENATE S716 CONGRESSIONAL RECORD — SENATE January 21, 2009 merging scores of agencies and pro- national USA continues to provide the us who are yet to be licensed. Not to men- grams—the largest government reorga- opportunity for people from around the tion that the reduced number of cars would nization in half a century. Secretary world, and especially young people, to lower pollution levels greatly. Please look Chertoff has moved the Department to see the real America firsthand and into a public transportation system locally. It would be greatly appreciated by many, the next level, where it now has a fo- meet the American people. This is the and thank you for finally giving the people cused, long-term strategy clarifying best way to build good will across the more of a voice on the issue and for bringing the Department’s priorities, roles, and globe, and I congratulate Hostelling attention to the Congress. responsibilities, as well as those of International USA for its 75 years of BRITTAN CHASTAINE. other key Federal, State, and local service. I assume you have already seen this partners. He has worked tirelessly to f ensure an integrated and overarching website dollargas.us. It seems to me that as IDAHOANS SPEAK OUT ON HIGH a nation we are not only in serious debt, but vision of how the government will ENERGY PRICES we are allowing ourselves to be put in ‘‘bond- tackle its role of defending the home- age’’ by other countries needlessly. I am land. Mr. CRAPO. Mr. President, in mid- angry and frustrated that we are not more We have much work ahead to trans- June, I asked Idahoans to share with assertive in addressing this problem. form the Department into a mature me how high energy prices are affect- We have a family of nine children all are agency whose whole is greater than the ing their lives, and they responded by on their own. Some are married and have sum of its parts. But we have made the hundreds. The stories, numbering young families as well as trying to get steady progress. The threat of natural well over 1,200, are heartbreaking and through college. As you know, job wages are touching. While energy prices have not very substantial in college towns for stu- disasters is ongoing and the threat of dents. The increase in the cost of fuel is driv- terrorism remains with us. As I have dropped in recent weeks, the concerns ing other costs up as well. These young often said, these are not ordinary expressed remain very relevant. To re- adults are trying very hard to make ends times. They demand extraordinary spect the efforts of those who took the meet and it is becoming more difficult for commitment from those who have cho- opportunity to share their thoughts, I them to live within their means. Wages are sen public service. Secretary Chertoff am submitting every e-mail sent to me not keeping up with the cost of living. This has given our country his extraor- through an address set up specifically is forcing mothers out of the home and chil- dren which is not in the best interest of the dinary commitment, and he will be for this purpose to the CONGRESSIONAL family. well and gratefully remembered for it. RECORD. This is not an issue that will The rising cost of fuel is also precluding f be easily resolved, but it is one that de- their visits to our home as well as our visits serves immediate and serious atten- to their homes. The visits are the short 75TH ANNIVERSARY OF tion, and Idahoans deserve to be heard. range effect but the long range effect is HOSTELLING INTERNATIONAL USA Their stories not only detail their grandchildren having less interaction with Mr. GRASSLEY. Mr. President, I struggles to meet everyday expenses, grandparents which further weakens the would like to take a moment today to but also have suggestions and rec- family structure. The family is the basic recognize the 75th anniversary of ommendations as to what Congress can unit of society and as the family weakens Hostelling International USA. Since the values of society and our nation are also do now to tackle this problem and find weakened. There is strength, honor, value 1934, Hostelling International USA has solutions that last beyond today. I ask and a sense of duty in knowing personal her- helped facilitate travel within the unanimous consent to have today’s let- itage. United States by the world’s youth and ters printed in the RECORD. Our livelihood is farming, luckily we have promoted intercultural understanding. There being no objection, the mate- enough fuel which was bought two years ago As part of the international hostelling rial was ordered to be printed in the and hopefully will finish out the needs for this year. It is a tragedy that farms are movement, this organization has RECORD, as follows: helped Americans to experience dif- being sold and subdivisions are taking over I am an Idaho youth, currently learning good Idaho farm ground. Rising fuel costs ferent parts of their own country and how to drive, but due to the ridiculously and fertilizer prices are becoming a serious helped international travelers to better high gas prices it is not as much fun as I was burden. understand our unique and proud his- expecting it to be. Because of these prices I I do hope you will strongly support open- tory, people, and way of life. feel bad about doing something I need to ing and drilling domestic oil resources as The sharing of cultures that natu- know how to do. I am also a musician and well as other technologies that provide effi- rally occurs in a hostel helps people to because of that I am constantly going to re- cient energy alternatives. hearsals and performances and need to drive Thank you for your time. Thank you for better understand and identify with in order to get where I need to be. I do in fact others of various backgrounds. Instead listening. Please represent the state of Idaho carpool but because most of the people I in finding ways to cut rising fuel and energy of retreating to a hotel room every would carpool with also have very busy costs. night, travelers in a hostel are literally schedules it is extremely hard to coordinate. CHERYL OKELBERRY. living beside and interacting with fel- Not only must I travel to get to my rehears- low travelers from other countries. als and performances but I am also a transfer My husband is a Viet Nam veteran who re- Several of my staff have stayed in hos- student at my school due to their spectac- tired after 30 years with the Boise Police De- tels while traveling, and I know their ular music program. Because I am not in the partment. I have worked all my life so when school’s boundary it is quite a distance for experiences have helped shape their he was eligible for retirement, we had saved me to travel two ways every day. Simply be- and planned and we were in a good position ability to appreciate different cultures cause I have a passion for music and want to to do so. In the five years since he retired, and points of view. In this respect, it is pursue a career in it I must break not only we have seen our insurance premiums rise the small, everyday human inter- my own but also my parents’ wallets. Due to over $400 per month to $1,020 per month, and actions that can have the biggest im- my age many people will not hire me so it is we know that is a bargain! Because of oil pact, like encountering someone who quite a financial strain seeing as how I do prices, grocery prices are rising, Idaho Power may not speak English and learning to not make an income, and only so many peo- just raised their rates, the gas company is communicate or sharing favorite foods ple need a babysitter. sure to follow and fuel prices have made it I personally would greatly appreciate if the among an international group of trav- almost prohibitive to travel except in neces- government would take the time and money sity. We have a little place in the mountains elers. to look into alternative renewable energy and to get there now costs $90+ just to enjoy In my home State of Iowa, the North- sources. Not only can we do that on a na- a weekend away from the heat and noise in east Iowa Council of Hostelling Inter- tional level but on a more local level we Boise. Our nest egg is dwindling, and we are national USA has provided activities could create more public transportation sys- stuck in the house watching it disappear! for youth and adults alike in Postville tems. The only place we have anything is in And we are far luckier than most—we don’t and surrounding communities since Boise, and I, as well as many others, live in have to choose between food and gas, yet. 1975. I am glad that Iowans have the Meridian. If there was a bus or light rail that Saudi Arabia says they make money at $70 benefit of this programming to give a I could get on in my town and travel to Boise per barrel; why is the price $130? The govern- or Nampa, and anywhere in between, I assure ment has so mismanaged its own affairs that greater understanding of the world and you I would use it. And, I’m pretty positive we find ourselves at the mercy of speculators its people to residents who may not that I’m not the only person who would. Not and oil shieks who don’t like us much any- have had a chance to travel widely. I only would this save many people’s wallets way. We have been so short sighted that we am also glad that Hostelling Inter- but it would also be very handy for those of haven’t the refineries to process oil even if

VerDate Nov 24 2008 03:11 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.035 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S717 you do allow drilling in the Arctic or off- tricity from Nuclear Power, it is a national our best interests, nor have they for many shore. While France gets 80% of its power initiative. In the US, it’s left up to large years. I do not trust them to do right by the from nuclear plants, we languish and waste electrical companies to decide whether they U.S. citizens; collectively, greed and the lust costly oil to light and power our homes when can make it work economically before they for power have become commonplace and ac- Nuclear power would do the job for pennies decide to build the next generation power ceptable behavior among many legislators. comparatively. We need a ‘‘Manhattan plants. Remember, what killed the US nu- I retired last year but am going to have to Project’’—throw the weight of the govern- clear industry is not safety, fuel recycling, find a part time job to help make ends meet, ment and the best minds behind getting nu- waste disposal but economics. Look at as prices in general are escalating faster clear facilities on line, build new refineries, Seabrook Nuclear Power Plant, its construc- than my fixed income in retirement. I do not develop methods for cleaner burning coal. tion was stalled to the point with legal red have the answers, but I am sure that our leg- Stop arguing about which side of the aisle is tape until it would never make a profit for islators own stock in the major oil compa- the right side, and do something for the peo- its owners and it never will. What you and nies, and that pretty much says it all. Amer- ple you were elected to represent. other politicians need to do its step forward icans are just a big cash cow for our rav- PENNY TAYLOR, Boise. and mandate DOE to fund, build and operate enous government to feed upon. the next generation nuclear power plant as a Additionally, I wanted to add something Thank you for taking the time to hear my National Strategic Initiative. It is essential regarding the transit system in the Treasure input on fuel prices. I hope this letter to the Nations Security as any Military Valley. I am from Seattle and have seen the reaches the ears of your fellow Senators. I Base, Port Security Effort or any other ef- problems the Puget Sound area has experi- own and operate a small business with one fort to keep this country safe in the world. If enced as a result of rapid growth. The transit truck. I spend approximately $700 each time the government does it ‘‘strong arm meth- system in the Treasure Valley is way behind I fill my truck with diesel. This occurs about od’’ and it gets done (on time and with in in its development. The City and county fa- 3–4 times per month. I also own and operate budget) and it is demonstrated how safe and thers had better do something soon. But the heavy equipment which costs about $800 to economically feasible it is, commercial Nu- transit system issue doesn’t seem to be hold- $1,000 per month to fuel. I have raised my clear Power Plant Building will follow. ing a place of great importance in the devel- prices slightly, however, work is scarce. Alternative forms of electrical generation opment of this area. That’s worrisome. There Raising prices too high will result in loss of either need an increase in their incentives should be more advertising and incentives work. It appears that many people in govern- (they almost did not get extended this year) for people to use the transit system, and ment do not care about their constituents. or Carbon Producers (Coal and Oil Power more routes made available. Encouraging Do you pay for fuel? How about health care? Plant) need higher ‘‘Carbon Taxes’’. ridership is important, but it needs to be Maybe we ought to vote on whether you and Electrical Reduction at Home—I would (and can be) made more convenient and at- your fellow senators should receive a fuel al- love to install new windows in my home, but tractive. lowance and free health care on taxpayers’ at $6,000 to replace all my windows, I need Thanks for your time. money. Maybe then, you can get your heads help in the form of tax credits in order to af- GRETCHEN, Nampa. back out where the sun is shining! It is time ford it. If the government reinstituted many to tell the environmentalists to cram it. of its programs from the 70’s to help pay for Thank you for your concern about our high Start drilling in our own country, providing home improvements, it would help. energy costs. We are very concerned about jobs to our own people, and supplying our JOHN K., Ammon. this issue because it is hitting our household own nation with energy. By the way, how is in two ways. We own a small trucking com- the government going to tax electric cars? I have been traveling back and forth from pany and to be truthful, we don’t know how Let me guess, raise our electric rates? I Burly every weekend for the past couple of much longer we will be able to run. The ris- guess I could use biodiesel, but it costs more years. My ex-husband took my kids from me ing price of diesel is making our profit mar- than regular diesel. Oh yeah, big oil cannot in the divorce because I could not afford to gin shrink and our own household budget is profit from biodiesel. Are you going to do pay for a lawyer. He then moved from Boise struggling to make ends meet. It is difficult to Burly to be closer to his parents who had anything about the oil speculators? No. Re- to expand our budget for the rising energy moved back to Burly a couple of years ear- ducing speculation would cut into the retire- costs, because the money just isn’t there. We lier. The trip used to cost about sixty dollars ment accounts of 90 percent of Senators and are doing the best we can, but it is so frus- to get them and then take them back later. Congressman. After all, you already have trating when we feel that our own country is I make the trip so my parents and I can free health care and fuel allowances. Why is not utilizing its own energy sources. It is spend time with my children. I have been it okay for other countries to drill off our time to allow drilling offshore and in our coastline, but we cannot? Quite frankly, Sen- forced to cut that back to every other week own country for oil and natural gas. We also ator, no disrespect, but something needs to because it costs us almost a hundred dollars can further knowledge in alternative energy be done. Enough already. Tell your fellow each time to go and get them. It breaks my sources at the same time. Those two ideas Senators to do something. heart. should not oppose each other, they can and DEVIN. Now solutions to high gas prices: Gasoline Prices at the Pump—I am sure For one drill our resources in and around should both be explored. Please vote for those measures that would there are many watch dog groups out there the US. Open up everything: Alaska, the allow both pursuits looking at the record breaking profits of the coast, outer continental shelf, everywhere. Thank you, large oil companies, but does DOE or DOJ in- We need to have both Congress and the RALPH and JULIE MILLER. vestigate price fixing, price gouging and President lift their moratoriums on this issue. We must start now because the prob- record profits of the large oil companies? I I feel very depressed that our country is lem will still exist in five and even ten years. am not talking about regulating the oil in- going down the tubes all being done by the It may get better for a time but it will come dustry, but just watching out for the average left wing special interests. I would like to Joe who has no option but ‘‘has to grin and back again and again if we don’t solve it. Secondly we need to begin to convert coal see a full blown debate on global warming. bear it’’ at the pumps. Just because the father of the Internet, Al Miles Per Gallon—Before the fleet MPG and shale to oil. Converting coal to oil is Gore, says it so and the UN agrees does not average included light trucks and SUVs the more than sixty-five year old technology. My mean that it is true. We are told all kinds of automakers call a lot of cars ‘‘SUVs’’ as to understanding is that shale is a more recent things that are happening and are suppose to not include them in the car category, now technology, but very reasonable. We need to agree when one simple question should be that light trucks and SUVs are included in have Congress back companies to convert the average, maybe automakers will be these products to oil with a subsidy that in asked: Has it happened before? Why not ask forced to work on raising Fleet MPG aver- the event that prices drop below profitable this simple question ask when pictures show- ages. But the MPG mandates that the gov- levels that these companies will not be out ing glaciers melting, hurricanes, cyclones, ernment set for Auto Makers to establish for billions of dollars. OPEC dropped prices last etc.? We need to put all these doomsday pro- their fleets is still not high enough. Maybe it time we attempted to become oil inde- jections into perspective. In college I took needs to revised each and every year and not pendent. They will do it again. We need to be geology 101 and one of the things that I re- on the Washington average for change—Ten energy independent regardless of what OPEC member is the world is always changing. Years. does with prices this time or this will happen I was also an economics major and was On a personal level, I cannot run out and again. taught about supply and demand. I was buy a new vehicle that gets 10 percent better Lastly develop nuclear power. We need to taught that if the demand went up and the MPG. That would cost me 20K in order to take our expendable resources away from supply stayed the same, the price went up. I save $500 per year in gas. Maybe if all vehi- electric production. Nuclear power is a via- guess that I should have been taught you cles had a Green rating (scale of 1–10, one ble alternative especially considering recent demagogues it. Do the liberals have one idea being a 3⁄4 ton PU and 10 being a 40 MPG car) technology advances in this field. on how to increase the supply. I would like and you got a tax rebate of $100 times the We must take control of our own destiny. to see Republicans stand up and take a Green rating of your primary family vehicle. Take the power away from foreign countries. strong position that we need to secure our Example: $100 times a Green rating of 8 ANGELA. future by drilling. We need to get back to lets you deduct $800 from your taxes. what made the country great. The one thing Nuclear Power—There is a reason why I am disgusted with our legislators in the that makes a country great verses a socialist France generates 80 percent of their elec- federal government. They aren’t acting in country is a free market that will sort out

VerDate Nov 24 2008 03:11 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.024 S21JAPT1 jbell on PROD1PC69 with SENATE S718 CONGRESSIONAL RECORD — SENATE January 21, 2009 the problem if left free. Republican Party 8398–8) received in the Office of the President on January 16, 2009; to the Committee on Fi- used to stand for something and it needs to of the Senate on January 16, 2009; to the nance. again. What happened to small government, Committee on Agriculture, Nutrition, and EC–514. A communication from the Chief of sound economic policies, stay out of our Forestry. the Publications and Regulations Branch, In- way? We have a drug benefit plan but would EC–505. A communication from the Direc- ternal Revenue Service, Department of the it be better if they allowed a free market to tor, Regulatory Management Division, Envi- Treasury, transmitting, pursuant to law, the bring prices down. I used to get my US man- ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Update of Weighted ufactured meds from Canada but now pay a pursuant to law, the report of a rule entitled Average Interest Rates, Yield Curves, and little less under a Medicare plan. If they can ‘‘Air Quality: Revision to Definition of Vola- Segment Rates’’ (Notice 2009–2) received in sell in Canada and make money, why not in tile Organic Compounds—Exclusion of Pro- the Office of the President of the Senate on the US? Why not free trade and competition? pylene Carbonate and Dimethyl Carbonate’’ January 16, 2009; to the Committee on Fi- By the way, because of the lack of sun (RIN2060–AN75) received in the Office of the nance. spots we might be going into a little ice age, President of the Senate on January 16, 2009; EC–515. A communication from the Chief of then what will the politicians do? to the Committee on Environment and Pub- the Publications and Regulations Branch, In- Thank you for reading this. lic Works. ternal Revenue Service, Department of the BOB. EC–506. A communication from the Direc- Treasury, transmitting, pursuant to law, the tor, Regulatory Management Division, Envi- report of a rule entitled ‘‘Revenue Ruling: f ronmental Protection Agency, transmitting, 2009 Prevailing State Assumed Interest EXECUTIVE AND OTHER pursuant to law, the report of a rule entitled Rates’’ (Rev. Rul. 2009–3) received in the Of- COMMUNICATIONS ‘‘Approval and Promulgation of Implementa- fice of the President of the Senate on Janu- tion Plans; Nevada; Vehicle Inspection and ary 16, 2009; to the Committee on Finance. The following communications were Maintenance Program’’ (FRL–8748–7) re- EC–516. A communication from the Staff laid before the Senate, together with ceived in the Office of the President of the Attorney, Office of Chief Counsel for Import accompanying papers, reports, and doc- Senate on January 16, 2009; to the Committee Administration, Department of Commerce, transmitting, pursuant to law, the report of uments, and were referred as indicated: on Environment and Public Works. EC–507. A communication from the Direc- a rule entitled ‘‘Withdrawal of the Regu- EC–498. A communication from the Assist- tor, Regulatory Management Division, Envi- latory Provisions Governing Targeted Dump- ant Inspector General, Communications and ronmental Protection Agency, transmitting, ing in Antidumping Duty Investigations’’ Congressional Liaison, Department of De- pursuant to law, the report of a rule entitled (RIN0625–AA79) received in the Office of the fense, transmitting, pursuant to law, a re- ‘‘Finding of Failure to Submit a Required President of the Senate on January 16, 2009; port entitled ‘‘DoD IG Report to Congress on State Implementation Plan Revision for 1- to the Committee on Finance. Section 357 of the National Defense Author- EC–517. A communication from the Chief of Hour Ozone Standard, California—San Joa- ization Act for Fiscal Year 2008; Review of the Trade and Commercial Regulations quin Valley—Reasonably Available Control Physical Security of DoD Installations’’; to Branch, Customs and Border Protection, De- Technology’’ (FRL–8763–5) received in the Of- the Committee on Armed Services. partment of Homeland Security, transmit- fice of the President of the Senate on Janu- EC–499. A communication from the Sec- ting, pursuant to law, the report of a rule en- ary 16, 2009; to the Committee on Environ- retary of the Treasury, transmitting, pursu- titled ‘‘Prohibitions and Conditions for Im- ment and Public Works. portation of Burmese and Non-Burmese Cov- ant to law, a six-month periodic report on EC–508. A communication from the Direc- ered Articles of Jadeite, Rubies, and Articles the national emergency that was declared in tor, Regulatory Management Division, Envi- of Jewelry Containing Jadeite or Rubies’’ Executive Order 13441 with respect to Leb- ronmental Protection Agency, transmitting, (RIN1505–AC06) received in the Office of the anon; to the Committee on Banking, Hous- pursuant to law, the report of a rule entitled President of the Senate on January 16, 2009; ing, and Urban Affairs. ‘‘Finding of Failure to Submit State Imple- to the Committee on Finance. EC–500. A communication from the Sec- mentation Plans Required for the 1997 8-Hour retary, Securities and Exchange Commis- EC–518. A communication from the Chief of Ozone National Ambient Air Quality Stand- the Trade and Commercial Regulations sion, transmitting, pursuant to law, the re- ard; North Carolina and South Carolina’’ port of a rule entitled ‘‘Temporary Exemp- Branch, Customs and Border Protection, De- (FRL–8764–8) received in the Office of the partment of Homeland Security, transmit- tions for Eligible Credit Default Swaps to President of the Senate on January 16, 2009; Facilitate Operation of Central Counterpar- ting, pursuant to law, the report of a rule en- to the Committee on Environment and Pub- titled ‘‘Import Restrictions Imposed on Cer- ties to Clear and Settle Default Swaps’’ lic Works. (RIN3235–AK26) received in the Office of the tain Archaeological Material from China’’ EC–509. A communication from the Direc- (RIN1505–AC08) received in the Office of the President of the Senate on January 16, 2009; tor, Regulatory Management Division, Envi- to the Committee on Banking, Housing, and President of the Senate on January 16, 2009; ronmental Protection Agency, transmitting, to the Committee on Finance. Urban Affairs. pursuant to law, the report of a rule entitled EC–501. A communication from the Execu- EC–519. A communication from the Assist- ‘‘Oil Pollution Prevention; Non-Transpor- ant Administrator, Bureau for Legislative tive Director of the Board of Directors, tation Related Onshore Facilities’’ (RIN2050– and Public Affairs, U.S. Agency for Inter- HOPE for Homeowners Program, transmit- AG49) received in the Office of the President national Development, transmitting, pursu- ting, pursuant to law, the report of a rule en- of the Senate on January 16, 2009; to the ant to law, the Agency’s financial report for titled ‘‘HOPE for Homeowners Program: Pro- Committee on Environment and Public fiscal year 2008; to the Committee on Foreign gram Regulations: Upfront Payment Incen- Works. Relations. tive for Subordinate Mortgage Lien Holders EC–510. A communication from the Direc- EC–520. A communication from the Pro- and Other Program Changes’’ (RIN2580–AA01) tor, Regulatory Management Division, Envi- gram Manager, Centers for Medicare and received in the Office of the President of the ronmental Protection Agency, transmitting, Medicaid Services, Department of Health Senate on January 16, 2009; to the Committee pursuant to law, the report of a rule entitled and Human Services, transmitting, pursuant on Banking, Housing, and Urban Affairs. ‘‘Operating Permit Programs; Flexible Air to law, the report of a rule entitled ‘‘Health EC–502. A communication from the Attor- Permitting Rule’’ (RIN2060–AM45) received Insurance Reform; Modifications to the ney, Federal Railroad Administration, De- in the Office of the President of the Senate Health Insurance Portability and Account- partment of Transportation, transmitting, on January 16, 2009; to the Committee on En- ability Act (HIPAA) Electronic Transaction pursuant to law, the report of a rule entitled vironment and Public Works. Standards’’ (RIN0938–AM50) received in the ‘‘Railroad Safety Enforcement Procedures; EC–511. A communication from the Sec- Office of the President of the Senate on Jan- Enforcement, Appeal and Hearing Proce- retary of Health and Human Services, trans- uary 16, 2009; to the Committee on Health, dures for Rail Routing Decisions’’ (RIN2130– mitting, pursuant to law, an annual report Education, Labor, and Pensions. AB87) received in the Office of the President on the Child Support Enforcement Program EC–521. A communication from the Deputy of the Senate on January 16, 2009; to the for fiscal year 2006; to the Committee on Fi- Director for Management, Office of Manage- Committee on Commerce, Science, and nance. ment and Budget, Executive Office of the Transportation. EC–512. A communication from the Sec- President, transmitting, pursuant to law, a EC–503. A communication from the Sec- retary of Health and Human Services, trans- report relative to competitive sourcing ac- retary of Energy, transmitting, pursuant to mitting, pursuant to law, a report entitled tivities for fiscal year 2008; to the Committee law, a report relative to an annual plan for ‘‘Evaluation of Phase I of Medicare Health on Homeland Security and Governmental Af- the Ultra-Deepwater and Unconventional Support Pilot Program Under Traditional fairs. Natural Gas and Other Petroleum Resources Fee-for-Service Medicare: 18-Month Interim EC–522. A communication from the Direc- Research and Development Program; to the Analysis’’; to the Committee on Finance. tor, Office of Management and Budget, Exec- Committee on Energy and Natural Re- EC–513. A communication from the Chief of utive Office of the President, transmitting, sources. the Publications and Regulations Branch, In- pursuant to law, a report entitled ‘‘2008 Re- EC–504. A communication from the Direc- ternal Revenue Service, Department of the port to Congress on the Benefits and Costs of tor, Regulatory Management Division, Envi- Treasury, transmitting, pursuant to law, the Federal Regulations and Unfunded Mandates ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Interim Guidance on State, Local, and Tribal Entities’’; to the pursuant to law, the report of a rule entitled under Section 457A’’ (Notice 2009–8) received Committee on Homeland Security and Gov- ‘‘Spiromesifen; Pesticide Tolerances’’ (FRL– in the Office of the President of the Senate ernmental Affairs.

VerDate Nov 24 2008 03:11 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.025 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S719 EC–523. A communication from the Acting count, and for other purposes; to the Com- SUBMISSION OF CONCURRENT AND Director, Office of Personnel Management, mittee on Energy and Natural Resources. SENATE RESOLUTIONS transmitting, pursuant to law, a report rel- By Mr. MENENDEZ: ative to competitive sourcing activities for S. 284. A bill to amend the Internal Rev- The following concurrent resolutions fiscal year 2008; to the Committee on Home- enue Code of 1986 to allow a new refundable and Senate resolutions were read, and land Security and Governmental Affairs. credit for equipment used to manufacture referred (or acted upon), as indicated: EC–524. A communication from the Acting solar energy property, to waive the applica- By Mr. REID: Director, Strategic Human Resources Policy, tion of the subsidized financing rules to such S. Res. 18. A resolution making majority Office of Personnel Management, transmit- property, and for other purposes; to the Com- party appointments to certain Senate com- ting, pursuant to law, the report of a rule en- mittee on Finance. mittees for the 111th Congress; considered titled ‘‘National Security Personnel Sys- By Mr. FEINGOLD: and agreed to . tem’’ (RIN3206–AL75) received in the Office of S. 285. A bill to amend the Internal Rev- By Mr. McCONNELL: the President of the Senate on January 16, enue Code of 1986 to provide that reimburse- S. Res. 19. A resolution making minority 2009; to the Committee on Homeland Secu- ments for costs of using passenger auto- party appointments for the 111th Congress; rity and Governmental Affairs. mobiles for charitable and other organiza- considered and agreed to. tions are excluded from gross income, and EC–525. A communication from the Pro- f gram Manager, Bureau of Alcohol, Tobacco, for other purposes; to the Committee on Fi- Firearms, and Explosives, Department of nance. ADDITIONAL COSPONSORS By Mr. INHOFE: Justice, transmitting, pursuant to law, the S. 4 report of a rule entitled ‘‘Commerce in Ex- S. 286. A bill to provide for marginal well production preservation and enhancement; At the request of Mr. REID, the name plosives—Amended Definition of Propellant of the Senator from Hawaii (Mr. Actuated Device’’ (RIN1140–AA24) received in to the Committee on Finance. the Office of the President of the Senate on By Mr. INHOFE: INOUYE) was added as a cosponsor of S. January 16, 2009; to the Committee on the S. 287. A bill to amend the Internal Rev- 4, a bill to guarantee affordable, qual- Judiciary. enue Code of 1986 to provide for the full de- ity health coverage for all Americans, EC–526. A communication from the Pro- duction allowable with respect to income at- and for other purposes. tributable to domestic production activities, gram Manager, Bureau of Alcohol, Tobacco, S. 162 Firearms and Explosives, Department of Jus- and for other purposes; to the Committee on Finance. At the request of Mr. FEINGOLD, the tice, transmitting, pursuant to law, the re- name of the Senator from Florida (Mr. port of a rule entitled ‘‘Decision-Making Au- By Mr. INHOFE (for himself and Mr. thority Regarding the Denial, Suspension, or COBURN): NELSON) was added as a cosponsor of S. Revocation of a Federal Firearms License, or S. 288. A bill to amend the Internal Rev- 162, a bill to provide greater account- Imposition of a Civil Fine’’ (Docket No. ATF enue Code of 1986 to permanently extend the ability of taxpayers’ dollars by cur- 27P) received in the Office of the President of depreciation rules for property used pre- tailing congressional earmarking, and the Senate on January 16, 2009; to the Com- dominantly within an Indian reservation; to for other purposes. mittee on the Judiciary. the Committee on Finance. By Mr. INHOFE (for himself and Mr. S. 225 f COBURN): At the request of Mr. BAYH, the name EXECUTIVE REPORTS OF S. 289. A bill to amend the Internal Rev- of the Senator from Hawaii (Mr. COMMITTEES enue Code of 1986 to eliminate the taxable in- INOUYE) was added as a cosponsor of S. come limit on percentage depletion for oil 225, a bill to amend title XIX of the So- The following executive reports of and natural gas produced from marginal cial Security Act to establish programs nominations were submitted: properties; to the Committee on Finance . to improve the quality, performance, By Mr. INHOFE (for himself and Mr. By Mr. KERRY for the Committee on For- and delivery of pediatric care. eign Relations. COBURN): S. 290. A bill to repeal a requirement with S. 243 *Susan E. Rice, of the District of Colum- respect to the procurement and acquisition At the request of Mr. CARDIN, the bia, to be the Representative of the United of alternative fuels; to the Committee on En- States of America to the United Nations, name of the Senator from Illinois (Mr. ergy and Natural Resources. with the rank and status of Ambassador Ex- DURBIN) was added as a cosponsor of S. By Mr. BROWNBACK (for himself, Mr. traordinary and Plenipotentiary, and the 243, a bill to amend the Internal Rev- ROBERTS, and Mr. BOND): Representative of the United States of enue Code of 1986 to allow the Sec- S. 291. A bill to provide for certain require- Americain the Security Council of the ments related to the closing of the Guanta- retary of the Treasury to establish the United Nations. namo Bay detention facility; to the Com- standard mileage rate for use of a pas- *Susan E. Rice, of the District of Colum- mittee on Armed Services. senger automobile for purposes of the bia, to be Representative of the United By Mr. SPECTER (for himself, Mr. charitable contributions deduction and States of America to the Sessions of the VITTER, Mr. INHOFE, Mr. ISAKSON, Mr. General Assembly of the United Nations dur- to exclude charitable mileage reim- VOINOVICH, Mr. ROBERTS, and Mr. ing her tenure of service as Representative of bursements for gross income. CHAMBLISS): S. 256 the United States of America to the United S. 292. A bill to repeal the imposition of Nations. withholding on certain payments made to At the request of Mrs. FEINSTEIN, the *Nomination was reported with rec- vendors by government entities; to the Com- name of the Senator from Florida (Mr. ommendation that it be confirmed sub- mittee on Finance. NELSON) was withdrawn as a cosponsor ject to the nominee’s commitment to By Mr. SPECTER: of S. 256, a bill to enhance the ability respond to requests to appear and tes- S. 293. A bill to provide for a 5-year to combat methamphetamine. tify before any duly constituted com- carryback of certain net operating losses and At the request of Mrs. FEINSTEIN, the to suspend the 90 percent alternative min- name of the Senator from Nebraska mittee of the Senate. imum tax limit on certain net operating (Mr. NELSON) was added as a cosponsor f losses; to the Committee on Finance. By Mr. SPECTER: of S. 256, supra. INTRODUCTION OF BILLS AND S. 294. A bill to amend the Internal Rev- S. 274 JOINT RESOLUTIONS enue Code of 1986 to extend and modify the At the request of Mr. BAUCUS, the The following bills and joint resolu- special allowance for property acquired dur- name of the Senator from Montana tions were introduced, read the first ing 2009 and to temporarily increase the lim- (Mr. TESTER) was added as a cosponsor itation for expensing certain business assets; of S. 274, a bill to amend the Internal and second times by unanimous con- to the Committee on Finance. sent, and referred as indicated: By Mr. BINGAMAN: Revenue Code of 1986 to provide an in- By Mr. LUGAR: S. 295. A bill to amend title XVIII of the centive to hire unemployed veterans. S. 282. A bill to authorize the extension of Social Security Act to improve the quality S. 281 nondiscriminatory treatment (normal trade and efficiency of the Medicare program At the request of Mr. KOHL, the name relations treatment) to the products of through measurement of readmission rates of the Senator from Illinois (Mr. DUR- Kazakhstan; to the Committee on Finance. and resource use and to develop a pilot pro- BIN) was added as a cosponsor of S. 281, By Ms. SNOWE (for herself, Mr. DODD, gram to provide episodic payments to orga- a bill to promote labor force participa- and Mr. KERRY): nized groups of multispecialty and multi- S. 283. A bill to amend the Energy Policy level providers of services and suppliers for tion of older Americans, with the goals and Conservation Act to modify the condi- hospitalization episodes associated with se- of increasing retirement security, re- tions for the release of products from the lect, high cost diagnoses; to the Committee ducing the projected shortage of expe- Northeast Home Heating Oil Reserve Ac- on Finance. rienced workers, maintaining future

VerDate Nov 24 2008 03:11 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.038 S21JAPT1 jbell on PROD1PC69 with SENATE S720 CONGRESSIONAL RECORD — SENATE January 21, 2009 economic growth, and improving the oil reaching the unprecedented level of real hardship for charitable organiza- Nation’s fiscal outlook. $5 per gallon. Thankfully, the North- tions and other nonprofit groups. This AMENDMENT NO. 26 east Home Heating Oil Reserve pro- was an even harsher constraint on vol- At the request of Mr. GRASSLEY, his vided a basic level of assurance that unteer activity when gasoline prices name was added as a cosponsor of heating oil could be provided if sup- spiked last summer. amendment No. 26 proposed to S. 181, a plies were dramatically interrupted. I have heard from a number of people bill to amend title VII of the Civil However, the trigger mechanism for in Wisconsin on the need to increase Rights Act of 1964 and the Age Dis- the release of the funds is convoluted this reimbursement limit. One of the crimination in Employment Act of to the point that the program’s first organizations that brought this 1967, and to modify the operation of the functionality is in question. Indeed, issue to my attention was the Portage Americans with Disabilities Act of 1990 under the law, the President does not County Department on Aging. Volun- and the Rehabilitation Act of 1973, to have the ability to release heating oil teer drivers are critical to their ability clarify that a discriminatory com- from the reserve even if the health and to provide services to seniors in Por- pensation decision or other practice safety of the population is at risk. tage County, and the Department on that is unlawful under such Acts occurs Rather, the current threshold for re- Aging depends on dozens of volunteer each time compensation is paid pursu- lease is when the differential between drivers to deliver meals to homes and ant to the discriminatory compensa- crude oil and heating oil is 60 percent transport people to their medical ap- tion decision or other practice, and for higher than the 5 year average. As a re- pointments, meal sites, and other es- other purposes. sult, neither the overall price of heat- sential services. ing oil nor the plight of our constitu- AMENDMENT NO. 27 As many of my colleagues know, nu- ents has any factor on the release of At the request of Mr. GRASSLEY, his trition is one of the most vital services the reserve. The formula trigger in name was added as a cosponsor of provided under the Older Americans statute is flawed to the point that the amendment No. 27 proposed to S. 181, a Act and ensuring that meals can be de- actual trigger has come close to being bill to amend title VII of the Civil livered to seniors or that seniors can be met not when crude oil prices are ris- Rights Act of 1964 and the Age Dis- taken to meal sites is an essential part ing, but actually falling. This is clearly crimination in Employment Act of of that program. As I discovered during not the intent of the reserve. 1967, and to modify the operation of the my ten years as Chair of the Wisconsin The legislation that I am introducing Americans with Disabilities Act of 1990 State Senate Committee on Aging, the with Senators DODD and KERRY today and the Rehabilitation Act of 1973, to senior nutrition programs not only streamlines the federal law to provide clarify that a discriminatory com- provide needed nutrition services, but the President the discretion to release pensation decision or other practice in many cases, the congregate meals the reserve if the health and safety of that is unlawful under such Acts occurs program provides an important com- the population is at risk. Furthermore, each time compensation is paid pursu- munity contact point for seniors who if heating oil prices are above $4 per ant to the discriminatory compensa- may live alone, and the meals program gallon during the critical winter tion decision or other practice, and for may be the point at which many frail months, the heating oil automatically other purposes. elderly first come into contact with will be distributed for sale. I believe the network of services that can help f this will dramatically improve the them. For that reason, the senior nu- STATEMENTS ON INTRODUCED functionality of the reserve program trition programs are often at the heart BILLS AND JOINT RESOLUTIONS and I look forward to working with of the aging services network, and as Chairman BINGAMAN and Ranking By Ms. SNOWE (for herself, Mr. such are essential for many critical Member MURKOWSKI of the Energy services that frail elderly may need. DODD, and Mr. KERRY): Committee to enact this legislation. S. 283. A bill to amend the Energy Unfortunately, Federal support for Policy and Conservation Act to modify By Mr. FEINGOLD: the senior nutrition programs has stag- the conditions for the release of prod- S. 285. A bill to amend the Internal nated in recent years, increasing pres- ucts from the Northeast Home Heating Revenue Code of 1986 to provide that sure on local programs to leverage Oil Reserve Account, and for other pur- reimbursements for costs of using pas- more volunteer services to make up for poses; to the Committee on Energy and senger automobiles for charitable and that lagging Federal support. The 14 Natural Resources. other organizations are excluded from cents per mile reimbursement limit Ms. SNOWE. I rise today to speak on gross income, and for other purposes; has made it far more difficult to obtain a bill I am introducing with my col- to the Committee on Finance. those volunteer services. Portage leagues, Senators DODD and KERRY, to Mr. FEINGOLD. Mr. President, I am County reported that at 14 cents per improve the Northeast Home Heating pleased to reintroduce legislation mile, many of their volunteers cannot Oil Reserve program to ensure that today that would increase the mileage afford to offer their services. when our country experiences the next reimbursement rate for volunteers. If volunteer drivers cannot be found, energy crisis we are better prepared. Under current law, when volunteers either those services will be lost, and Specifically, I believe that this legisla- use their cars for charitable purposes, those most vulnerable in our society tion will provide flexibility as well as the volunteers may be reimbursed up will go wanting, or the services will certainty that heating oil currently to 14 cents per mile for their donated have to be replaced by contracting sitting in New England will be used services without triggering a tax con- with a provider, greatly increasing when it is most essential to the re- sequence for either the organization or costs to the Department, costs that gion’s population. the volunteers. If the charitable orga- come directly out of the pot of funds Through Senator DODD’s leadership nization reimburses any more than available to pay for meals and other in 2000, Congress created the Northeast that, they are required to file an infor- services. The same is true for thou- Home Heating Oil Reserve, which put mation return indicating the amount, sands of other nonprofit and charitable in place a critical tool to reduce supply and the volunteers must include the organizations that provide essential disruptions. At that point, heating oil amount over 14 cents per mile in their services to communities across our Na- prices were $1.49 per gallon, and while taxable income. By contrast, for 2009, tion. the situation has improved since the the mileage reimbursement level per- By contrast, businesses do not face price spikes this past summer, it is mitted for businesses is 55 cents per this restrictive mileage reimbursement clear that the Northeast remains dan- mile, nearly four times the volunteer limit. As I noted earlier, for 2009 the gerously reliant on a commodity that rate. comparable mileage rate for someone has shown extreme volatility in recent During this economic downturn we who works for a business is 55 cents per years. The need for of the Heating Oil are asking volunteers and volunteer or- mile. This disparity means that a busi- Reserve was clearly demonstrated this ganizations to bear a greater burden of ness hired to deliver the same meals past summer when a catastrophe was delivering essential services, but the 14 delivered by volunteers for Portage emerging for our region with heating cents per mile limit is imposing a very County may reimburse their employees

VerDate Nov 24 2008 03:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.027 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S721 nearly four times the amount per- ‘‘SEC. 139C. MILEAGE REIMBURSEMENTS TO (B) by striking ‘‘$500,000’’ and inserting mitted the volunteer without a tax CHARITABLE VOLUNTEERS. ‘‘$1,000,000’’, and ‘‘(a) IN GENERAL.—Gross income of an indi- (C) by striking ‘‘3 years’’ and inserting ‘‘5 consequence. vidual does not include amounts received, This doesn’t make sense. The 14 cents years’’. from an organization described in section (c) EFFECTIVE DATE.—The amendments per mile volunteer reimbursement 170(c), as reimbursement of operating ex- made by this section shall apply to under- limit is badly outdated. According to penses with respect to use of a passenger payments and overpayments attributable to the Congressional Research Service, automobile for the benefit of such organiza- actions occurring after the date of the enact- Congress first set a reimbursement tion. The preceding sentence shall apply only ment of this Act. rate of 12 cents per mile as part of the to the extent that such reimbursement Deficit Reduction Act of 1984, and did would be deductible under this chapter if By Mr. SPECTER (for himself, not increase it until 1997, when the section 274(d) were applied— Mr. VITTER, Mr. INHOFE, Mr. ‘‘(1) by using the standard business mileage ISAKSON, Mr. VOINOVICH, Mr. level was raised slightly, to 14 cents rate established under such section, and per mile, as part of the Taxpayer Relief ‘‘(2) as if the individual were an employee ROBERTS, and Mr. CHAMBLISS): Act of 1997. of an organization not described in section S. 292. A bill to repeal the imposition The bill I am introducing today is 170(c). of withholding on certain payments identical to a measure I introduced in ‘‘(b) NO DOUBLE BENEFIT.—Subsection (a) made to vendors by government enti- the 109th Congress and the 110th Con- shall not apply with respect to any expenses ties; to the Committee on Finance. gress, and largely the same as the if the individual claims a deduction or credit Mr. SPECTER. Mr. President, I have for such expenses under any other provision version I introduced in the 107th and sought recognition to introduce the of this title. Withholding Tax Relief Act of 2009, 108th Congresses. It raises the limit on ‘‘(c) EXEMPTION FROM REPORTING REQUIRE- volunteer mileage reimbursement to MENTS.—Section 6041 shall not apply with re- which would repeal Section 511 of the the level permitted to businesses, and spect to reimbursements excluded from in- Tax Increase Prevention and Reconcili- provides an offset to ensure that the come under subsection (a).’’. ation Act of 2005. Section 511 will re- measure does not aggravate the budget (b) CLERICAL AMENDMENT.—The table of quire a 3 percent withholding on all deficit. The most recent estimate of sections for part III of subchapter B of chap- Government contracts beginning on ter 1 of the Internal Revenue Code of 1986 is the cost to increase the reimbursement January 1, 2011. amended by inserting after the item relating This legislation was sponsored in the for volunteer drivers is about $1 mil- to section 139B and inserting the following lion over 5 years. Though the revenue new item: 110th Congress by Senator Larry Craig, loss is small, it is vital that we do ev- ‘‘Sec. 139C. Reimbursement for use of pas- S. 777, and with his retirement, I have erything we can to move toward a bal- senger automobile for char- decided to continue to press for its pas- anced budget, and to that end I have ity.’’. sage to protect small businesses, con- included a provision to fully offset the (c) EFFECTIVE DATE.—The amendments tractors, and State and local govern- cost of the measure and make it deficit made by this section shall apply to taxable ments who will be unfairly burdened by neutral. That provision increases the years beginning after the date of the enact- this onerous provision. criminal monetary penalties for indi- ment of this Act. In 2006 Congress enacted tax relief on SEC. 2. INCREASE IN CRIMINAL MONETARY PEN- capital gains, dividends, and the Alter- viduals and corporations convicted of ALTY LIMITATION FOR THE UNDER- tax fraud. The provision passed the PAYMENT OR OVERPAYMENT OF TAX native Minimum Tax, AMT, as part of Senate in the 108th Congress as part of DUE TO FRAUD. the Tax Increase Prevention and Rec- the JOBS bill, but was later dropped in (a) IN GENERAL.—Section 7206 of the Inter- onciliation Act of 2005. These provi- conference and was not included in the nal Revenue Code of 1986 (relating to fraud sions provide important incentives for final version of that bill. and false statements) is amended— small businesses by encouraging in- (1) by striking ‘‘Any person who—’’ and in- I also extend my thanks to the senior vestment that can lead to job creation serting ‘‘(a) IN GENERAL.—Any person who— and economic growth. At the same Senator from New York, Mr. SCHUMER, ’’, and for including my bill in his larger om- (2) by adding at the end the following new time, the Section 511 withholding tax nibus volunteer driver relief measure, subsection: provision was inserted at the last the GIVE Act, last year, and the junior ‘‘(b) INCREASE IN MONETARY LIMITATION FOR minute by conferees as a revenue rais- Senator from Maryland, Mr. CARDIN, UNDERPAYMENT OR OVERPAYMENT OF TAX DUE er. As a result, the legislation which for including my bill in this year’s TO FRAUD.—If any portion of any under- was intended to provide tax relief payment (as defined in section 6664(a)) or version of the GIVE Act. Both Senators ended up containing a $7 billion tax overpayment (as defined in section 6401(a)) of penalty on Government contractors. are keenly aware of the need for the tax required to be shown on a return is at- change provided by this bill, and I tributable to fraudulent action described in If no action is taken to repeal this thank them for their leadership on this subsection (a), the applicable dollar amount provision, Section 511 will institute a 3 issue. under subsection (a) shall in no event be less percent tax withholding on all local, I urge my colleagues to support this than an amount equal to such portion. A rule State, and Federal Government pay- measure. It will help ensure charitable similar to the rule under section 6663(b) shall ments, effective on January 1, 2011. organizations can continue to attract apply for purposes of determining the por- This will apply to Governments with the volunteers that play such a critical tion so attributable.’’. expenditures of $100 million or more, (b) INCREASE IN PENALTIES.— and will affect payments on Govern- role in helping to deliver services and (1) ATTEMPT TO EVADE OR DEFEAT TAX.— it will simplify the tax code both for Section 7201 of the Internal Revenue Code of ment contracts as well as other pay- nonprofit groups and the volunteers 1986 is amended— ments, such as Medicare, grants, and themselves. (A) by striking ‘‘$100,000’’ and inserting farm payments. Impacted firms will ul- Mr. President, I ask unanimous con- ‘‘$250,000’’, timately get a refund when they file sent that the text of the bill be printed (B) by striking ‘‘$500,000’’ and inserting their tax return if the amount withheld in the RECORD immediately following ‘‘$1,000,000’’, and is in excess of what is actually owed. my remarks. (C) by striking ‘‘5 years’’ and inserting ‘‘10 The proponents of Section 511 argue years’’. There being no objection, the text of that it will be an effective tool to close (2) WILLFUL FAILURE TO FILE RETURN, SUP- the bill was ordered to be printed in PLY INFORMATION, OR PAY TAX.—Section 7203 the tax gap—the difference between the RECORD, as follows: of such Code is amended— what American taxpayers owe and S. 285 (A) in the first sentence— what they actually pay. However, an Be it enacted by the Senate and House of Rep- (i) by striking ‘‘misdemeanor’’ and insert- examination of the mechanics of the resentatives of the United States of America in ing ‘‘felony’’, and provision support a different conclu- Congress assembled, (ii) by striking ‘‘1 year’’ and inserting ‘‘10 sion. At the time of passage, Section SECTION 1. MILEAGE REIMBURSEMENTS TO years’’, and 511 was estimated to increase revenue CHARITABLE VOLUNTEERS EX- (B) by striking the third sentence. by $7 billion from 2011 to 2015. However, CLUDED FROM GROSS INCOME. (3) FRAUD AND FALSE STATEMENTS.—Section (a) IN GENERAL.—Part III of subchapter B 7206(a) of such Code (as redesignated by sub- $6 billion of that amount is attained of chapter 1 of the Internal Revenue Code of section (a)) is amended— solely because of the initial collection 1986 is amended by inserting after section (A) by striking ‘‘$100,000’’ and inserting on contracts in 2011, not because of an 139B the following new section: ‘‘$250,000’’, actual revenue increase from increased

VerDate Nov 24 2008 03:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.007 S21JAPT1 jbell on PROD1PC69 with SENATE S722 CONGRESSIONAL RECORD — SENATE January 21, 2009 tax compliance. Estimates show that Act of 2005, Congress had not ade- tional Wooden Pallet and Container Associa- Section 511 will only generate $215 mil- quately debated the merits of the with- tion; North Coast Builders Exchange; Office lion in 2012 and increases slightly in holding requirement in a committee Furniture Dealers Alliance; Oregon Trucking each of the 3 years thereafter. hearing or with debate in either body. Association; Plumbing-Heating-Cooling Con- While I support efforts to close the tractors—National Association; Printing In- An issue of this magnitude deserves dustries of America; Professional Services tax gap, those efforts must be weighed proper debate, and had that occurred, Council; Regional Legislative Alliance of on a case-by-case basis against the un- it is difficult to believe that Congress Ventura and Santa Barbara Counties; Santa intended harm that is done to those would have included Section 511. For Rosa Chamber of Commerce; Security Indus- impacted. For example, the 3 percent these reasons, I urge my colleagues to try Association; Sheet Metal and Air Condi- figure is an arbitrary amount and does support repeal of this unfair tax pen- tioning Contractors National Association, not take into account the company’s alty. Inc.; Small Business & Entrepreneurship taxable income or tax liability. As a re- Council; Small Business Legislative Council; Mr. President, I ask unanimous con- Textile Rental Services Association of Amer- sult, an honest taxpaying contractor in sent that a list of supporters to this a loss year could be without access to ica; The Associated General Contractors of bill be provided in the RECORD. America. the withheld capital for a significant There being no objection, the mate- The Association of Union Constructors; period of time, only to see it returned rial was ordered to be placed in the The Distilled Spirits Council of the U.S.; The when it files its taxes. Many of these RECORD, as follows: Financial Services Roundtable; U.S. Cham- firms do not have extra capital on hand ber of Commerce; United States Telecom As- GOVERNMENT WITHHOLDING RELIEF COALITION to get by and, because some file yearly sociation; Women Impacting Public Policy. Aeronautical Repair Station Association; returns as opposed to quarterly re- Aerospace Industries Association; Air Condi- turns, will not receive a refund on the By Mr. SPECTER: tioning Contractors of America; Air Trans- S. 293. A bill to provide for a 5-year amount withheld for 12 to 18 months. port Association; America’s Health Insur- carryback of certain net operating In many cases, businesses operate with ance Plans; American Bankers Association; losses and to suspend the 90 percent al- a profit margin that is smaller than 3 American Concrete Pressure Pipe Associa- ternative minimum tax limit on cer- percent of the contract; and in some tion; American Congress on Surveying and tain net operating losses; to the Com- cases, there is no profit at all. In these Mapping; American Council of Engineering mittee on Finance. cases, Section 511 will effectively with- Companies; American Farm Bureau Federa- Mr. SPECTER. Mr. President, I have hold entire paychecks—interest free— tion; American Heath Care Association; American Institute of Architects; American sought recognition to introduce legis- thereby impeding the cash flow of Moving and Storage Association; American lation to expand a widely-used business small businesses, eliminating funds Nursery and Landscape Association; Amer- tax benefit whereby business owners that can be used for reinvestment in ican Road & Transportation Builders Asso- balance-out net losses over prior years the business, and forcing companies to ciation; American Shipbuilding Association; when the firm has a net operating gain. pass on the added costs to customers or American Society of Civil Engineers; Amer- Spreading out this tax liability helps a finance the additional amount. ican Subcontractors Association; American Section 511 will also impose signifi- Supply Association; American Trucking As- business to decrease the adverse im- cant administrative costs on the Fed- sociations. pact of a difficult year. At the current eral, State, and local governments who Associated Builders and Contractors; Asso- time, there is a critical need for pro- ciated Equipment Distributors; Association are required to create, or expand, col- growth policy initiatives to ensure an of National Account Executives; Business economic recovery. lections staffing to comply. The Con- and Institutional Furniture Manufacturers gressional Budget Office, CBO, said the Specifically, this legislation in- Association; Coalition for Government Pro- creases the general net operating loss, provision constitutes an unfunded curement; Colorado Motor Carriers Associa- mandate on the State and local govern- tion; Computing Technology Industry Asso- NOL, carryback period from 2 years to ments. According to CBO, the projected ciation; Construction Contractors Associa- 5 years in the case of an NOL for any costs of Section 511 will exceed the $50 tion; Construction Industry Round Table; taxable year ending during 2007, 2008, million unfunded mandate annual Construction Management Association of or 2009. As an example, a company threshold. On a Federal level, there is America; Contract Services Association; De- could offset NOLs in 2008 against posi- sign Professionals Coalition; Edison Electric tive income it earned in 2003–2007; re- evidence that the high cost of prepara- Institute; Engineering & Utility Contractors tion is unnecessary. For example, the sulting in a refund paid in 2009. NOLs Association; Federation of American Hos- represent the losses reported by a com- Department of Defense estimated that pitals; Financial Executives International’s the costs to comply with the 3 percent Committee on Government Business; Finan- pany within a taxable year and, under withholding requirement could be in cial Executives International’s Committee current law, generally may be carried excess of $17 billion over the first 5 on Taxation; Finishing Contractors Associa- back 2 years and forward 20 years for years, which is more than any esti- tion; Gold Coast Hispanic Chamber of Com- tax purposes. mated revenue gains. merce; Independent Electrical Contractors, Under current law, NOLs are not al- There is strong support from a num- Inc. lowed to reduce Alternative Minimum ber of stakeholders for repeal of the Information Technology Association of Tax, AMT, liability by more than 90 America; International Council of Employers Withholding Tax requirement, includ- percent. My legislation would elimi- of Bricklayers and Allied Craftworkers; nate this limit. This second provision ing the Associated Builders and Con- International Foodservice Distributors Asso- tractors, U.S. Chamber of Commerce, ciation; Management Association for Private is necessary for this bill to achieve its National Association of Manufacturers, Photogrammetric Surveyors; Mason Con- goal of allowing firms dollar-for-dollar National Federation of Independent tractors Association of America; Mechanical access to their NOLs. This is because Business, and American Farm Bureau Contractors Association of America; Mes- firms with temporarily low income are Federation. senger Courier Association of the Americas; more likely both to create NOLs and to I am pleased that this legislation Modular Building Institute; National Asso- find themselves subject to the AMT. garnered the support of 260 cosponsors ciation for Self-Employed; National Associa- From an economic standpoint, the tion of Credit Management; National Asso- key impact of the bill will be to lower in the House of Representatives, H.R. ciation of Manufacturers; National Associa- 1023, in the 110th Congress, with a tion of Minority Contractors; National Beer the user cost of capital for firms and to broad mix of support from both parties. Wholesalers Association; National Burglar encourage business fixed investment For example, cosponsors from the and Fire Alarm Association; National De- for those firms that were profitable in Pennsylvania delegation included Rep- fense Industrial Association; National Elec- the past 5 years but are not profitable resentatives ALTMIRE, BRADY, CARNEY, trical Contractors Association; National at the current time. Such firms will re- DOYLE, ENGLISH, GERLACH, HOLDEN, Federation of Independent Business; Na- ceive an immediate refund for their MURPHY, PITTS, PLATTS, SESTAK, and tional Italian-American Business Associa- current costs. tion; National Precast Concrete Association; SHUSTER. In the Senate, I will seek to The U.S. Chamber of Commerce, Na- National Office Products Alliance. tional Association of Manufacturers, build on the efforts of Senator CRAIG National Roofing Contractors Association; and the 15 other cosponsors, including National Small Business Association; Na- and National Federation of Inde- myself. tional Society of Professional Engineers; Na- pendent Business, NFIB, have all been At the time of passage of the Tax In- tional Society of Professional Surveyors; Na- supportive of this proposal in previous crease Prevention and Reconciliation tional Utility Contractors Association; Na- years.

VerDate Nov 24 2008 03:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.057 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S723 Similar legislation was considered in useful life of the asset, taking a tax de- program by analyzing readmission and the 110th Congress, but was not en- duction for a part of the cost each resource use and adjusting Medicare acted. During consideration of the Re- year. By allowing firms to deduct the payments accordingly. In addition, the covery Rebates and Economic Stimulus cost of a new asset in year one, expens- legislation develops a large scale pilot for the American People Act of 2008, an ing spurs new investments quickly and project to allow for episodic payments amendment drafted by the Senate Fi- drives immediate job creation. to organized groups of multispecialty nance Committee leadership included As part of the Economic Stimulus and multilevel providers for select, this important provision, as well as Act of 2008—passed by Congress and high cost diagnosis. Reforms such as other items. On February 6, 2008, the signed by the President on February, these have been recommended by the Senate rejected this broader package 13, 2008—I successfully included my leg- non-partisan Medicare Payment Advi- on a procedural vote, leaving it just 1 islation, S. 2539, to allow for an imme- sory Commission or ‘‘MedPAC,’’ the vote short of the 60 that were required. diate 50 percent ‘‘bonus depreciation’’ Commonwealth Fund and many other Ultimately, that bill included tax re- on new equipment purchases. This pro- experts. In their December 2008 Budget bates for individuals and capital in- vision only applied to purchases made Options report, the Congressional vestment incentives for businesses. in 2008 and my legislation would extend Budget Office, CBO, estimates reforms Following that debate, I introduced the the benefit for an additional year. such as these could result in more than NOL carryback provision as a stand- The Economic Stimulus Act of 2008 28 billion dollars in savings to the Fed- alone bill, S. 2650, with 7 cosponsors. also provided a 1-year boost in the Sec- eral Government over 10 years. Over the long-term, this is a low cost tion 179 Small Business Expensing Al- For several years, growth in proposal for the taxpayer that can lowance. This provision, which also ap- healthcare spending, including in the stimulate economic growth. According plies to equipment, was increased to a Medicare program, has far exceeded the to a February 2004 report entitled $250,000 limit for 2008. Absent further rate of inflation for all other goods and ‘‘Stimulating Job Creation and Invest- action, the benefit reverts to $125,000 in services without a concomitant rise in ment: Economic Impact of NOL 2009 and will expire at the end of 2010 health care quality. According to the Carryback Legislation,’’ by Kevin A. and revert to $25,000. On January 25, 2007 report of the McKinsey Global In- Hassett, Ph.D, and Brian C. Becker, 2008, I cosponsored legislation, S. 269, stitute, ‘‘Accounting for the Costs of Ph.D, ‘‘If enacted, this expansion of the to increase the Small Business Expens- Healthcare in The United States,’’ the carryback period would result in cur- ing Allowance and to make it perma- U.S. spends almost half a trillion dol- rent-year refunds for many companies nent. This legislation I am introducing lars more on healthcare than other that otherwise would have to wait today would extend the $250,000 limit similarly situated countries, when ad- until future years to apply NOLs. Hav- for an additional year. justed for population and income. ing done so, however, would reduce the Both of these provisions merely ac- Moreover, according to a 2008 Dart- quantity of losses that are carried for- celerate a benefit that will be given to mouth report, total waste in the U.S. ward, and hence increase, relative to firms over a longer span. To that end, healthcare system accounts for ap- baseline, tax revenue in the future. As the cost will be higher in year one, but proximately $700 billion. These data such, the tax revenue implications are tax revenue will be higher in the years are startling and deeply troubling to negative initially, but positive in the thereafter. According to the Joint me and many of my colleagues in the future.’’ The Joint Committee on Tax- Committee on Taxation, the cost of the Congress. As we move to consider com- ation estimated that passage of a simi- ‘‘bonus depreciation’’ provision as part prehensive healthcare reform legisla- lar provision as part of the Senate Fi- of the Economic Stimulus Act of 2008 tion in the 111th Congress, it is critical nance Committee Stimulus package, was $43.9 billion in 2008, but just $7.4 that we consider bold and decisive re- which I referenced earlier in my state- billion over 10 years. The Small Busi- forms to incentivize quality and effi- ment, would have cost $15 billion in ness Expensing Allowance provision ciency in the U.S. healthcare system. 2008 and $5.1 billion over 10 years. was scored at $900 million in 2008, and Many experts tell us that the present I urge my colleagues to support this only $100 million over 10 years. fee-for-service payment system does important legislation that will help nu- These provisions were included in a little to encourage the prevention of merous industries that are currently broader package drafted by Senators readmissions or control the volume of struggling to survive in a harsh eco- BAUCUS, GRASSLEY, KENNEDY, and ENZI care and cost of services delivered. nomic downturn. at the end of the 110th Congress. I look MedPAC, CBO, and others believe this forward to working with these Mem- fee-for-service distortion is a major Mr. SPECTER: bers to seek extension of these expiring driver of excess spending in the S. 294. A bill to amend the Internal provisions in the 111th Congress. healthcare system. Consequently, per- Revenue Code of 1986 to extend and Enactment of these provisions was an beneficiary spending varies between re- modify the special allowance for prop- important step in the direction of al- gions by as much as one-third without erty acquired during 2009 and to tempo- lowing full expensing of new equip- any measurable difference in patient rarily increase the limitation for ex- ment. I urge my colleagues to support outcomes. In addition, a` la carte health pensing certain business assets; to the these pro-growth policies that create care delivery focuses on individual pro- Committee on Finance. incentives for business expansion and cedures and patient interactions with- Mr. SPECTER. Mr. President, I have long-term economic growth. out much regard for the integration of sought recognition to introduce legis- care and appropriate mix of services lation to extend two important provi- By Mr. BINGAMAN: necessary. sions that were enacted as part of the S. 295. A bill to amend title XVIII of For example, MedPAC reports that Economic Stimulus Act of 2008: 50 per- the Social Security Act to improve the within 30 days of discharge, 17.6 per- cent Bonus Depreciation; and Increased quality and efficiency of the Medicare cent of Medicare admissions are re- $250,000 limit for the Small Business program through measurement of read- admitted for which Medicare spent $15 Expensing Allowance. mission rates and resource use and to billion in 2005. The Commonwealth I introduced S. 2539 and cosponsored develop a pilot program to provide epi- Fund Commission on a High Perform- S. 269 similar legislation in the 110th sodic payments to organized groups of ance Health System found that Medi- Congress. multispecialty and multilevel pro- care 30-day readmission rates varied I support tax policies to spur new viders of services and suppliers for hos- from 14 percent to 22 percent with re- business investments through the use pitalization episodes associated with spect to the lowest and highest decile of partial and full expensing. When a select, high cost diagnoses; to the Com- of states. company buys an asset that will last mittee on Finance. MedPAC and other expert groups re- longer than one year, the company Mr. BINGAMAN. Mr. President, I rise port that the bundling of Medicare pay- cannot, under most circumstances, de- today to introduce the Medicare Qual- ments around episodes of care will duct the entire cost and enjoy an im- ity and Payment Reform Act of 2009. align financial incentives within the mediate tax benefit. Instead, the com- This legislation will help improve the program to maximize quality and effi- pany must depreciate the cost over the quality and efficiency of the Medicare ciency for Medicare beneficiaries. It is

VerDate Nov 24 2008 04:37 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.046 S21JAPT1 jbell on PROD1PC69 with SENATE S724 CONGRESSIONAL RECORD — SENATE January 21, 2009 critical to note that such reforms not for analysis will be penalized; although (3) Feedback on resource use has been only lower overall healthcare costs but physicians do have the ability to apply shown to increase awareness among health also have the potential to lower Medi- for hardship exceptions. care providers and encourage positive behav- care beneficiaries out of pocket ex- The legislation requires HHS to es- ioral changes. (4) The Medicare program pays for all pa- penses while improving their health. tablish benchmarks for risk adjusted tient hospitalizations based on the diagnosis, For example, the Medicare Partici- readmission rates and resource utiliza- regardless of whether the hospitalization is a pating Heart Bypass Center Dem- tion for a given DRG and within 2 years readmission or the initial episode of care. onstration conducted from 1990 to 1996 of enactment, report to Congress on (5) The Medicare Payment Advisory Com- explored the utility of payment bun- methodologies used to develop such mission reports that within 30 days of dis- dling. In this demonstration, partici- benchmarks. Three years from the date charge from a hospital, 17.6 percent of admis- pating centers were reimbursed with a of enactment, the base operating DRG sions are readmitted to the hospital. In 2005, bundled payment for episodes of care payment to hospitals not meeting the the Medicare program spent $15,000,000,000 on such readmissions. related to heart bypass cases. The dem- established benchmarks will be reduced (6) The Commonwealth Fund Commission onstration resulted in reduced spending by 1 percent or an amount that is pro- on a High Performance Health System found on laboratory diagnostics, pharmacy portionate to the number of readmis- that Medicare 30-day readmission rates var- services, intensive care, and unneces- sions exceeding the benchmark. The ied from 14 percent to 22 percent with respect sary physician consults while still Secretary of HHS will devise a mecha- to the lowest and highest decile of States. maintaining a high quality of care. In nism to allocate accountability among (b) FINDINGS RELATING TO THE BUNDLING OF the end, the demonstration saved the providers associated with the episode MEDICARE PAYMENTS TO HEALTH CARE PRO- Medicare program approximately 10 of care with regard to penalty distribu- VIDERS.—Congress makes the following find- ings: percent on cost of bypass treatments. tion. The benchmark and penalty will (1) Bundled payments incentivize health There is considerable agreement in be evaluated and updated annually. care providers to determine and provide the the health policy community about a The legislation goes further and es- most efficient mix of services to Medicare move toward ‘‘episodic’’ or bundled tablishes a voluntary pilot program to beneficiaries with regard to cost and quality. payments. The 16th Commonwealth allow for bundled episodic payments to (2) The Medicare Payment Advisory Com- Fund/Modern Health Care Opinion organized groups of multispecialty and mission reports that bundled payments Leaders Survey, released November 3, multilevel providers for select high around a given episode of care under the Medicare program would encourage collabo- 2008, found that more than 2⁄3 respond- cost interventions. Payments would be ents reported that the fee-for-service ration among providers of services and sup- risk adjusted and would cover all Medi- pliers, reduce fragmentation in health care system is not effective at encouraging care Part A and B costs associated delivery, and improve the accountability for high quality and efficient care. More with a hospitalization episode includ- cost and the quality of care. than 3⁄4 of respondents prefer a move ing care delivered 30 days after dis- (3) The Medicare Participating Heart By- toward bundled per patient payments. charge. Payments would be issued to pass Center Demonstration which was con- Shared accountability for resource use the participating provider group which, ducted during the period of 1990 to 1996 found also was favored as a means for im- in turn, would reimburse negotiated that bundled payments for cardiac bypass 2 cases were successful in reducing spending proving efficiency, and ⁄3 of the experts payments to all individual providers on laboratory diagnostics, pharmacy serv- surveyed supported realigning provider associated with episode of treatment. payment incentives to improve effi- ices, intensive care, physician consults, and The pilot would include testing models post-discharge care while maintaining a high ciency and effectiveness. in a variety of settings including rural quality of care. The Medicare program saved This legislation makes three broad and underserved areas. The initial pilot approximately 10 percent on bypass patients reforms to the Medicare program lead- will begin 2 years from date of enact- treated under the demonstration. ing to higher quality and more effi- ment and continue for a period of 5 (4) The 16th Commonwealth Fund/Modern cient care. First, the legislation re- years. If the pilot proves successful, Healthcare Health Care Opinion Leaders Sur- quires the U.S. Department of Health the Secretary of HHS will have the au- vey, released November 3, 2008, found that more than 2⁄3 of respondents reported that and Human Services, HHS, to report on thority to expand the payment mecha- risk adjusted readmission rates and re- the fee-for-service payment system under nism to a larger set of providers. the Medicare program is not effective at en- source use to Medicare providers, and I urge my colleagues to join me in couraging high quality and efficient care and over time, to the public. Second, the supporting this important piece of leg- more than 3⁄4 of respondents reported prefer- legislation establishes risk-adjusted islation. ring a move toward bundled per patient pay- benchmarks based upon these data Mr. President, I ask unanimous con- ments under the Medicare program. Re- that, over time, will be utilized to ad- sent that the text of the bill be printed spondents favored shared accountability for just Medicare payments. Finally, the in the RECORD. resource use as a means for improving effi- legislation institutes a voluntary ‘‘epi- There being no objection, the text of ciency, and at least 2⁄3 of respondents sup- sodic payment’’ pilot program. the bill was ordered to be printed in ported realigning payment incentives for Readmission will be defined by the providers of services and suppliers under the the RECORD, as follows: Medicare program in order to improve effi- Secretary of HHS and will include a S. 295 ciency and effectiveness. time frame of at least 30 days between Be it enacted by the Senate and House of Rep- SEC. 3. PAYMENT ADJUSTMENT FOR READMIS- the initial diagnosis and readmission, resentatives of the United States of America in SION RATES AND RESOURCE USE. insure that the readmission rate cap- Congress assembled, (a) PAYMENT ADJUSTMENT.— tures readmissions to any hospital and SECTION 1. SHORT TITLE. (1) IN GENERAL.—Title XVIII of the Social not be limited to the initial health care This Act may be cited as the ‘‘Medicare Security Act (42 U.S.C. 1395 et seq.) is provider entity, and verify that the di- Quality and Payment Reform Act of 2009’’. amended by adding at the end the following agnosis for both initial and readmis- SEC. 2. FINDINGS. new section: sion are related. Within 1 year from en- (a) FINDINGS RELATING TO MEDICARE RE- ‘‘PAYMENT ADJUSTMENT FOR READMISSION RATES AND RESOURCE USE actment, HHS will be tasked with con- PORTING OF READMISSION RATES AND RE- fidentially reporting to provider enti- SOURCE USE AND THE MEDICARE FEE-FOR- ‘‘SEC. 1899. (a) REPORTING OF READMISSION SERVICE PAYMENT SYSTEM.—Congress makes RATES AND RESOURCE USE.— ties risk adjusted for readmission rates the following findings: ‘‘(1) ANNUAL REVIEW.—Beginning not later and risk adjusted resource use for se- (1) The Medicare program under title XVIII than 1 year after the date of enactment of lect high-volume diagnosis-related of the Social Security Act (42 U.S.C. 1395 et this section, the Secretary shall conduct an groups, DRG, associated with high- seq.) does not publically or privately report annual review of readmission rates and re- rates of readmission. After 3 years, to health care providers on resource use and, source use for conditions selected by the Sec- HHS will publically release these re- as a result, many health care providers are retary under paragraph (5)— ports with an annual review of the list unaware of their practices with respect to re- ‘‘(A) with respect to subsection (d) hos- of DRGs reported. The data reported source use. pitals and affiliated physicians (or similarly (2) In 2008, the Congressional Budget Office licensed providers of services and suppliers); will be risk adjusted taking into ac- reported that areas with higher Medicare and count variations in health status and spending scored lower, on average, on a com- ‘‘(B) with respect to the program under other patient characteristics. Physi- posite indicator of quality of care furnished this title. cian’s not reporting these data to HHS to Medicare beneficiaries. ‘‘(2) REPORTING.—

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‘‘(A) TO HOSPITALS AND AFFILIATED PHYSI- hospital or an affiliated physician (or a simi- DRG payment amount’ means the payment CIANS.—Beginning not later than 1 year after larly licensed provider of services or sup- amount under such section. the date of enactment of this section, taking plier) has met the benchmarks established ‘‘(2) SHARED ACCOUNTABILITY.—The Sec- into consideration the results of the annual under subsection (b)(1)(A)(i) to take into ac- retary shall examine ways to create shared review under paragraph (1), the Secretary count variations in health status and other accountability with providers of services and shall provide confidential reports to sub- patient characteristics. suppliers associated with episodes of care, in- section (d) hospitals and to affiliated physi- ‘‘(8) INCORPORATION INTO QUALITY REPORT- cluding how any penalty could be distributed cians (or similarly licensed providers of serv- ING INITIATIVES.—The Secretary shall, to the among such providers of services and sup- ices and suppliers) that measure the read- extent practicable, incorporate readmission pliers as appropriate and how to avoid inap- mission rates and resource use for conditions rates and resource use measurements into propriate gainsharing by such providers of selected by the Secretary under paragraph quality reporting initiatives for other Medi- services and suppliers. (5). care payment systems, including such initia- ‘‘(3) ANNUAL UPDATE.—The Secretary shall ‘‘(B) TO THE PUBLIC.—Beginning not later tives with respect to skilled nursing facili- annually update the benchmarks established than 3 years after such date of enactment, ties and home health agencies. under paragraph (1)(A)(i) and the payment taking into consideration the results of such ‘‘(b) PAYMENT ADJUSTMENT FOR READMIS- adjustment under paragraph (1)(B) to further annual review, the Secretary shall make SION RATES AND RESOURCE USE.— incentivize improvements in readmission available to the public an annual report that ‘‘(1) IN GENERAL.— rates and resource use. measures the readmission rates and resource ‘‘(A) BENCHMARKS.— ‘‘(4) INCORPORATION OF NEW MEASURES.—In use under this title for conditions selected ‘‘(i) IN GENERAL.—The Secretary shall es- the case where the Secretary updates the by the Secretary under paragraph (5). Such tablish benchmarks for measuring the read- conditions selected under subsection annual reports shall, to the extent prac- mission rates and resource use of subsection (a)(5)(B), any new condition selected shall ticable, be integrated into public reporting (d) hospitals and affiliated physicians (or not be considered in determining whether a of data submitted under section similarly licensed providers of services and subsection (d) hospital has met the bench- 1886(b)(3)(B)(viii) with respect to subsection suppliers) under this section. marks established under paragraph (1)(A)(i) (d) hospitals and data submitted under sec- ‘‘(ii) REPORT TO CONGRESS ON METHODOLO- for purposes of the payment adjustment tion 1848(m) with respect to eligible profes- GIES USED TO ESTABLISH BENCHMARKS.—Not under paragraph (1)(B) during the period be- sionals. later than 2 years after the date of enact- ginning on the date of the selection and end- ‘‘(3) DEFINITION OF READMISSION.—The Sec- ment of this section, the Secretary shall sub- ing 1 year after such date.’’. retary shall define readmission for purposes mit to Congress a report on the methodolo- (2) CONFORMING AMENDMENT.—Section of this section. Such definition shall— gies used to establish the benchmarks under 1886(d)(1)(A) of the Social Security Act (42 ‘‘(A) include a time frame of at least 30 clause (i). U.S.C. 1395ww(d)(1)(A)), in the matter pre- days between the initial admission and the ‘‘(iii) RISK ADJUSTMENT OF DATA.—In deter- ceding clause (i), is amended by striking applicable readmission; mining whether a subsection (d) hospital has ‘‘section 1813’’ and inserting ‘‘sections 1813 ‘‘(B) capture readmissions to any hospital met the benchmarks established under and 1899’’. (as defined in section 1861(e)) or any critical clause (i) for purposes of the payment adjust- (b) VOLUNTARY PILOT PROGRAM FOR BUN- access hospital (as defined in section ment under this subsection, the Secretary DLED PAYMENTS FOR EPISODES OF TREAT- 1861(mm)(1)) and not be limited to readmis- shall provide for risk adjustment of data in MENT.— sions to the subsection (d) hospital of the accordance with subsection (a)(7). (1) INITIAL IMPLEMENTATION.— initial admission; and ‘‘(B) PAYMENT ADJUSTMENT.—Not later (A) IN GENERAL.—The Secretary of Health ‘‘(C) ensure that the diagnosis for both the than 3 years after the date of enactment of and Human Services (in this subsection re- initial admission and the applicable readmis- this section, in the case of a subsection (d) ferred to as the ‘‘Secretary’’) shall establish sion are related. hospital that the Secretary determines does a pilot program to provide episodic pay- ‘‘(4) PENALTIES FOR NON-REPORTING.—The not meet 1 or more of the benchmarks estab- ments to hospitals and other organizing enti- Secretary shall establish procedures for the lished under subparagraph (A)(i) during the ties for items and services associated with collection of data necessary to carry out this time period of measurement, the Secretary hospitalization episodes of Medicare bene- subsection. Such procedures shall— shall reduce the base operating DRG pay- ficiaries with respect to 1 or more conditions ‘‘(A) subject to subparagraph (B), provide ment amount (as defined in subparagraph selected under subparagraph (B). for the imposition of penalties for subsection (C)) for the subsection (d) hospital for each (B) SELECTION.—The Secretary shall ini- (d) hospitals and affiliated physicians (or discharge occurring in the succeeding fiscal tially implement the pilot program for hos- similarly licensed providers of services and year by— pitalization episodes with respect to condi- suppliers) that do not submit such data; and ‘‘(i) 1 percent or an amount that the Sec- tions that have a high volume, high readmis- ‘‘(B) include a hardship exceptions process retary determines is proportionate to the sion rate, or high rate of post-acute care for affiliated physicians (and similarly li- number of readmissions of the subsection (d) under the Medicare program under title censed providers of services and suppliers) hospital which exceed the applicable bench- XVIII of the Social Security Act (42 U.S.C. who do not have the resources to participate mark established under subparagraph (A)(i), 1395 et seq.) (as determined by the Sec- (except that such process may not apply to whichever is greater; or retary). more than 20 percent of affiliated physicians ‘‘(ii) in the case where the Secretary up- (C) PAYMENTS.— (or similarly licensed providers of services dates the amount of the payment adjustment (i) IN GENERAL.—Under the pilot program, and suppliers)). under paragraph (3), such updated amount. episodic payments shall— ‘‘(5) SELECTION OF CONDITIONS.— ‘‘(C) BASE OPERATING DRG PAYMENT AMOUNT (I) be risk adjusted; and ‘‘(A) INITIAL SELECTION.—The Secretary DEFINED.— (II) cover all costs under parts A and B of shall select conditions for the reporting of ‘‘(i) IN GENERAL.—Except as provided in the Medicare program associated with a hos- readmission rates and resource use under clause (ii), in this subsection, the term ‘base pitalization episode with respect to the se- this subsection— operating DRG payment amount’ means, lected condition, which includes the period ‘‘(i) that have a high volume under this with respect to a subsection (d) hospital for beginning on the date of hospitalization and title; or a fiscal year— ending 30 days after the date of discharge. ‘‘(ii) that have high readmission rates ‘‘(I) the payment amount that would other- (ii) COMPATIBILITY OF PAYMENT MECHA- under this title. wise be made under section 1886(d) for a dis- NISMS.—The Secretary shall, to the extent ‘‘(B) UPDATING CONDITIONS SELECTED.—Not charge if this subsection did not apply; re- feasible, ensure that the payment mecha- less frequently than every 3 years, the Sec- duced by nism under the pilot program functions with retary shall review and update as appro- ‘‘(II) any portion of such payment amount payment mechanisms under the original priate the conditions selected under subpara- that is attributable to payments under para- Medicare fee for service program under parts graph (A). graphs (5)(A), (5)(B), (5)(F), and (12) of such A and B of title XVIII of the Social Security ‘‘(6) TIME PERIOD OF MEASUREMENT.—The section 1886(d). Act and under the Medicare Advantage pro- Secretary shall, as appropriate and subject ‘‘(ii) SPECIAL RULES FOR CERTAIN HOS- gram under part C of such title. to the requirements of this subsection, deter- PITALS.— (iii) PROCESS.—Under the pilot program, mine an appropriate time period for the ‘‘(I) SOLE COMMUNITY HOSPITALS.—In the episodic payments shall be made to a hos- measurement of readmission rates and re- case of a sole community hospital, in apply- pital or other organizing entity participating source use for purposes of this section. ing clause (i)(I), the payment amount that in the pilot program. The participating hos- ‘‘(7) RISK ADJUSTMENT OF DATA.—The Sec- would otherwise be made under subsection pitals and other organizing entities shall retary shall make appropriate adjustments (d) for a discharge if this subsection did not make payments to other providers of serv- to any data used in analyzing or reporting apply shall be determined without regard to ices and suppliers who furnished items or readmission rates and resource use under subparagraphs (I) and (L) of subsection (b)(3) services associated with the hospitalization this section, including any data used to con- of section 1886 and subparagraph (D) of sub- episode (in an amount negotiated between duct the annual review under paragraph (1), section (d)(5) of such section. the participating hospital and the provider in the preparation of reports under subpara- ‘‘(II) HOSPITALS PAID UNDER SECTION 1814.— of services or supplier). graph (A) or (B) of paragraph (2), or in the In the case of a hospital that is paid under (iv) SAVINGS.—The Secretary shall estab- determination of whether a subsection (d) section 1814(b)(3), the term ‘base operating lish procedures to ensure that the Secretary,

VerDate Nov 24 2008 03:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.043 S21JAPT1 jbell on PROD1PC69 with SENATE S726 CONGRESSIONAL RECORD — SENATE January 21, 2009 participating hospitals or other organizing Lautenberg, Mr. Nelson of Nebraska, Mr. Wyden, Mr. Feingold, Mr. Byrd, Mr. Nelson entities, providers of services, and suppliers Pryor, and Mr. Tester. of Florida, Ms. Stabenow, Mr. Menendez, Mr. share any savings associated with higher ef- COMMITTEE ON ARMED SERVICES: Mr. Cardin, Mr. Sanders, Mr. Whitehouse, Mr. ficiency care furnished under the pilot pro- Levin (Chairman), Mr. Kennedy, Mr. Byrd, Warner, and Mr. Merkley. gram. Mr. Lieberman, Mr. Reed, Mr. Akaka, Mr. SELECT COMMITTEE ON ETHICS: Mrs. (D) INCLUSION OF VARIETY OF PROVIDERS OF Nelson of Florida, Mr. Nelson of Nebraska, Boxer (Chairman), Mr. Pryor, and Mr. SERVICES AND SUPPLIERS.—In selecting pro- Mr. Bayh, Mr. Webb, Mrs. McCaskill, Mr. Brown. viders of services and suppliers to partici- Udall of CO, Mrs. Hagan, Mr. Begich, and Mr. COMMITTEE ON INDIAN AFFAIRS: Mr. pate in the pilot program, the Secretary Burris. Dorgan (Chairman), Mr. Inouye, Mr. Conrad, shall establish criteria to ensure the inclu- COMMITTEE ON BANKING, HOUSING, Mr. Akaka, Mr. Johnson, Ms. Cantwell, Mr. sion of a variety of providers of services and AND URBAN AFFAIRS: Mr. Dodd (Chair- Tester, Mr. Udall of New Mexico, and Major- suppliers, including providers of services and man), Mr. Johnson, Mr. Reed, Mr. Schumer, ity Leader designee. suppliers that serve a wide range of Medicare Mr. Bayh, Mr. Menendez, Mr. Akaka, Mr. SELECT COMMITTEE ON INTEL- beneficiaries, including Medicare bene- Brown, Mr. Tester, Mr. Kohl, Mr. Warner, LIGENCE: Mrs. Feinstein (Chairman), Mr. ficiaries located in rural and urban areas and Mr. Merkley, and Majority Leader designee. Rockefeller, Mr. Wyden, Mr. Bayh, Ms. Mi- COMMITTEE ON COMMERCE, SCIENCE, low-income Medicare beneficiaries. kulski, Mr. Feingold, Mr. Nelson of Florida, AND TRANSPORTATION: Mr. Rockefeller (E) DURATION.—The Secretary shall con- and Mr. Whitehouse. (Chairman), Mr. Inouye, Mr. Kerry, Mr. Dor- duct the pilot program under this paragraph JOINT ECONOMIC COMMITTEE: Mr. gan, Mrs. Boxer, Mr. Nelson of Florida, Ms. for a 5-year period. Schumer (Vice Chairman), Mr. Kennedy, Mr. Cantwell, Mr. Lautenberg, Mr. Pryor, Mrs. (F) IMPLEMENTATION.—The Secretary shall Bingaman, Ms. Klobuchar, Mr. Casey, and McCaskill, Ms. Klobuchar, Mr. Udall of New implement the pilot program not later than Mr. Webb. Mexico, Mr. Warner, and Mr. Begich. 2 years after the date of enactment of this COMMITTEE ON ENERGY AND NAT- f Act. URAL RESOURCES: Mr. Bingaman (Chair- SENATE RESOLUTION 19—MAKING (G) DEFINITION OF ORGANIZING ENTITY.—In man), Mr. Dorgan, Mr. Wyden, Mr. Johnson, this subsection, the term ‘‘organizing enti- Ms. Landrieu, Ms. Cantwell, Mr. Menendez, MINORITY PARTY APPOINT- ty’’ means an entity responsible for the orga- Mrs. Lincoln, Mr. Sanders, Mr. Bayh, Ms. MENTS FOR THE 111TH CON- nization and administration of the fur- Stabenow, Mr. Udall of Colorado, and Mrs. GRESS nishing of items and services associated with Shaheen. a hospitalization episode of a Medicare bene- Mr. MCCONNELL submitted the fol- COMMITTEE ON ENVIRONMENT AND lowing resolution; which was consid- ficiary with respect to 1 or more conditions PUBLIC WORKS: Mrs. Boxer (Chairman), selected under subparagraph (B). Mr. Baucus, Mr. Carper, Mr. Lautenberg, Mr. ered and agreed to: (2) EXPANDED IMPLEMENTATION.— Cardin, Mr. Sanders, Ms. Klobuchar, Mr. S. RES. 19 (A) ESTABLISHMENT OF THRESHOLDS FOR EX- Whitehouse, Mr. Udall of New Mexico, Mr. Resolved, That the following be the minor- PANSION.—The Secretary shall, prior to the Merkley, and Majority Leader designee. ity membership on the following committee implementation of the pilot program under COMMITTEE ON FINANCE: Mr. Baucus for the remainder of the 111th Congress, or paragraph (1), establish clear thresholds for (Chairman), Mr. Rockefeller, Mr. Conrad, until their successors are appointed: use in determining whether implementation Mr. Bingaman, Mr. Kerry, Mrs. Lincoln, Mr. COMMITTEE ON AGRICULTURE NUTRI- of the pilot program should be expanded Wyden, Mr. Schumer, Ms. Stabenow, Ms. TION AND FORESTRY: Mr. Chambliss, Mr. under subparagraph (B). Cantwell, Mr. Nelson of Florida, Mr. Menen- Lugar, Mr. Cochran, Mr. McConnell, Mr. (B) EXPANDED IMPLEMENTATION.—If the dez, and Mr. Carper. Roberts, Mr. Johanns, Mr. Grassley, Mr. Secretary determines the thresholds estab- COMMITTEE ON FOREIGN RELATIONS: Thune, and Republican Leader designee. lished under subparagraph (A) are met, the Mr. Kerry (Chairman), Mr. Dodd, Mr. Fein- COMMITTEE ON APPROPRIATIONS: Mr. Secretary may expand implementation of gold, Mrs. Boxer, Mr. Menendez, Mr. Cardin, Cochran, Mr. Specter, Mr. Bond, Mr. McCon- the pilot program to additional providers of Mr. Casey, Mr. Webb, Ms. Shaheen, Mr. Kauf- nell, Mr. Shelby, Mr. Gregg, Mr. Bennett, services, suppliers, and episodes of treatment man, and Majority Leader designee. Mrs. Hutchison, Mr. Brownback, Mr. Alex- not covered under the pilot program as con- COMMITTEE ON HEALTH, EDUCATION, ander, Ms. Collins, Mr. Voinovich, and Ms. ducted under paragraph (1), which may in- LABOR, AND PENSIONS: Mr. Kennedy Murkowski. clude the implementation of the pilot pro- (Chairman), Mr. Dodd, Mr. Harkin, Ms. Mi- COMMITTEE ON ARMED SERVICES: Mr. gram on a national basis. kulski, Mr. Bingaman, Mrs. Murray, Mr. McCain, Mr. Inhofe, Mr. Sessions, Mr. (3) AUTHORIZATION OF APPROPRIATIONS.— Reed, Mr. Sanders, Mr. Brown, Mr. Casey, Chambliss, Mr. Graham, Mr. Thune, Mr. There are authorized to be appropriated such Mrs. Hagan, Mr. Merkley, and Majority Martinez, Mr. Wicker, Mr. Burr, Mr. Vitter, sums as may be necessary to carry out this Leader designee. and Ms. Collins. COMMITTEE ON HOMELAND SECURITY subsection. COMMITTEE ON BANKING, HOUSING AND GOVERNMENTAL AFFAIRS: Mr. AND URBAN AFFAIRS: Mr. Shelby, Mr. f Lieberman (Chairman), Mr. Levin, Mr. Bennett, Mr. Bunning, Mr. Crapo, Mr. Mar- Akaka, Mr. Carper, Mr. Pryor, Ms. Landrieu, SUBMITTED RESOLUTIONS tinez, Mr. Corker, Mr. DeMint, Mr. Vitter, Mrs. McCaskill, Mr. Tester, Mr. Burris, and Mr. Johanns, and Mrs. Hutchison. Majority Leader designee. COMMITTEE ON THE JUDICIARY: Mr. COMMITTEE ON THE BUDGET: Mr. SENATE RESOLUTION 18—MAKING Leahy (Chairman), Mr. Kohl, Mrs. Feinstein, Gregg, Mr. Grassley, Mr. Enzi, Mr. Sessions, MAJORITY PARTY APPOINT- Mr. Feingold, Mr. Schumer, Mr. Durbin, Mr. Mr. Bunning, Mr. Crapo, Mr. Ensign, Mr. MENTS TO CERTAIN SENATE Cardin, Mr. Whitehouse, Mr. Wyden, Ms. Cornyn, Mr. Graham, and Mr. Alexander. COMMITTEE ON COMMERCE, SCIENCE Klobuchar, and Mr. Kaufman. COMMITTEES FOR THE 111TH AND TRANSPORTATION: Mrs. Hutchison, CONGRESS COMMITTEE ON RULES AND ADMINIS- TRATION: Mr. Schumer (Chairman), Mrs. Ms. Snowe, Mr. Ensign, Mr. DeMint, Mr. Mr. REID submitted the following Feinstein, Mr. Dodd, Mr. Byrd, Mr. Inouye, Thune, Mr. Wicker, Mr. Isakson, Mr. Vitter, resolution; which was considered and Mr. Durbin, Mr. Nelson of Nebraska, Mrs. Mr. Brownback, Mr. Martinez, and Mr. agreed to: Murray, Mr. Pryor, Mr. Warnert, and Mr. Johanns. COMMITTEE ON ENERGY AND NAT- S. RES. 18 Udall of New Mexico. COMMITTEE ON SMALL BUSINESS AND URAL RESOURCES: Ms. Murkowski, Mr. Resolved, That notwithstanding the provi- ENTREPRENEURSHIP: Ms. Landrieu Burr, Mr. Barrasso, Mr. Brownback, Mr. sions of rule XXV, the following shall con- (Chairperson), Mr. Kerry, Mr. Levin, Mr. Risch, Mr. McCain, Mr. Bennett, Mr. stitute the majority party’s membership on Harkin, Mr. Lieberman, Ms. Cantwell, Mr. Bunning, Mr. Sessions, and Mr. Corker. the following standing committees for the Bayh, Mr. Pryor, Mr. Cardin, Mrs. Hagan, COMMITTEE ON ENVIRONMENT AND 111th Congress, or until their successors are and Mrs. Shaheen. PUBLIC WORKS: Mr. Inhofe, Mr. Voinovich, chosen: COMMITTEE ON VETERANS’ AFFAIRS: Mr. Vitter, Mr. Barrasso, Mr. Specter, Mr. COMMITTEE ON AGRICULTURE, NUTRI- Mr. Akaka (Chairman), Mr. Rockefeller, Mrs. Crapo, Mr. Bond, and Mr. Alexander. TION, AND FORESTRY: Mr. Harkin (Chair- Murray, Mr. Sanders, Mr. Brown, Mr. Webb, COMMITTEE ON FINANCE: Mr. Grassley, man), Mr. Leahy, Mr. Conrad, Mr. Baucus, Mr. Tester, Mr. Begich, and Mr. Burris. Mr. Hatch, Ms. Snowe, Mr. Kyl, Mr. Bunning, Mrs. Lincoln, Ms. Stabenow, Mr. Nelson of SPECIAL COMMITTEE ON AGING: Mr. Mr. Crapo, Mr. Roberts, Mr. Ensign, Mr. Nebraska, Mr. Brown, Mr. Casey, Ms. Kohl (Chairman), Mr. Wyden, Mrs. Lincoln, Enzi, and Mr. Cornyn. Klobuchar, Majority Leader designee, and Mr. Bayh, Mr. Nelson of Florida, Mr. Casey, COMMITTEE ON FOREIGN RELATIONS: Majority Leader designee. Mrs. McCaskill, Mr. Whitehouse, Mr. Udall Mr. Lugar, Republican Leader designee, Mr. COMMITTEE ON APPROPRIATIONS: Mr. of Colorado, Majority Leader designee, Ma- Corker, Mr. Isakson, Mr. Risch, Mr. DeMint, Inouye (Chairman), Mr. Byrd, Mr. Leahy, Mr. jority Leader designee, and Majority Leader Mr. Barrasso, and Mr. Wicker. Harkin, Ms. Mikulski, Mr. Kohl, Mrs. Mur- designee. COMMITTEE ON HEALTH, EDUCATION, ray, Mr. Dorgan, Mrs. Feinstein, Mr. Durbin, COMMITTEE ON THE BUDGET: Mr. LABOR AND PENSIONS: Mr. Enzi, Mr. Mr. Johnson, Ms. Landrieu, Mr. Reed, Mr. Conrad (Chairman), Mrs. Murray, Mr. Gregg, Mr. Alexander, Mr. Burr, Mr. Isakson,

VerDate Nov 24 2008 03:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.043 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S727 Mr. McCain, Mr. Hatch, Ms. Murkowski, Mr. the Age Discrimination in Employment SA 32. Mr. DEMINT submitted an Coburn, and Mr. Roberts. Act of 1967, and to modify the oper- amendment intended to be proposed by COMMITTEE ON HOMELAND SECURITY ation of the Americans with Disabil- him to the bill S. 181, to amend title AND GOVERNMENTAL AFFAIRS: Ms. Col- ities Act of 1990 and the Rehabilitation VII of the Civil Rights Act of 1964 and lins, Republican Leader designee, Mr. Coburn, Mr. McCain, Mr. Voinovich, Mr. En- Act of 1973, to clarify that a discrimi- the Age Discrimination in Employment sign, and Mr. Graham. natory compensation decision or other Act of 1967, and to modify the oper- COMMITTEE ON THE JUDICIARY: Mr. practice that is unlawful under such ation of the Americans with Disabil- Specter, Mr. Hatch, Mr. Grassley, Mr. Kyl, Acts occurs each time compensation is ities Act of 1990 and the Rehabilitation Mr. Sessions, Mr. Graham, and Mr. Coburn. paid pursuant to the discriminatory Act of 1973, to clarify that a discrimi- COMMITTEE ON RULES AND ADMINIS- compensation decision or other prac- natory compensation decision or other TRATION: Mr. Bennett, Mr. McConnell, Mr. tice, and for other purposes; which was practice that is unlawful under such Cochran, Mr. Chambliss, Mrs. Hutchison, Mr. ordered to lie on the table; as follows: Acts occurs each time compensation is Alexander, Mr. Roberts, and Mr. Ensign. COMMITTEE ON SMALL BUSINESS AND On page 3, lines 21 and 22, strike ‘‘a dis- paid pursuant to the discriminatory ENTREPRENEURSHIP: Ms. Snowe, Mr. criminatory compensation decision’’ and in- compensation decision or other prac- Bond, Republican Leader designee, Mr. sert ‘‘an intentional discriminatory com- tice, and for other purposes; which was Vitter, Mr. Thune, Mr. Enzi, Mr. Isakson, pensation decision’’. ordered to lie on the table; as follows: On page 3, lines 23 and 24, strike ‘‘a dis- and Wicker. At the appropriate place, insert the fol- criminatory compensation decision’’ and in- COMMITTEE ON VETERANS’ AFFAIRS: lowing: Mr. Burr, Mr. Specter, Mr. Isakson, Mr. sert ‘‘an intentional discriminatory com- pensation decision’’. SEC. ll. PROTECTION OF WORKERS’ POLITICAL Wicker, and Mr. Johanns, and Mr. Graham. RIGHTS. On page 3, line 25, through page 4, line 1, COMMITTEE ON INDIAN AFFAIRS: Mr. Title III of the Labor Management Rela- strike ‘‘a discriminatory compensation deci- Barrasso, Mr. McCain, Ms. Murkowski, Mr. tions Act, 1947 (29 U.S.C. 185 et seq.) is sion’’ and insert ‘‘an intentional discrimina- Coburn, Mr. Crapo, and Mr. Johanns. amended by adding at the end the following: tory compensation decision’’. SELECT COMMITTEE ON ETHICS: Mr. ‘‘SEC. 304. PROTECTION OF WORKER’S POLITICAL Isakson, Mr. Roberts, and Mr. Risch. On page 5, lines 5 and 6, strike ‘‘a discrimi- natory compensation decision’’ and insert RIGHTS. SELECT COMMITTEE ON INTEL- ‘‘(a) PROHIBITION.—Except with the sepa- LIGENCE: Mr. Bond, Mr. Hatch, Ms. Snowe, ‘‘an intentional discriminatory compensa- tion decision’’. rate, prior, written, voluntary authorization Mr. Chambliss, Mr. Burr, Mr. Coburn, and of an individual, it shall be unlawful for any Mr. Risch. On page 5, line 7, strike ‘‘a discriminatory compensation decision’’ and insert ‘‘an in- labor organization to collect from or assess SPECIAL COMMITTEE ON AGING: Mr. its members or nonmembers any dues, initi- Martinez, Mr. Shelby, Ms. Collins, Mr. Spec- tentional discriminatory compensation deci- sion’’. ation fee, or other payment if any part of ter, Republican Leader designee, Mr. Corker, such dues, fee, or payment will be used to Mr. Hatch, Mr. Brownback, and Mr. Graham. On page 5, line 9, strike ‘‘a discriminatory compensation decision’’ and insert ‘‘an in- lobby members of Congress or Congressional ECONOMIC COMMITTEE: Mr. Brownback, staff for the purpose of influencing legisla- Mr. DeMint, Mr. Risch, and Mr. Bennett. tentional discriminatory compensation deci- sion’’. tion. f ‘‘(b) AUTHORIZATION.—An authorization de- scribed in subsection (a) shall remain in ef- Mr. DEMINT (for himself and AMENDMENTS SUBMITTED AND SA 31. fect until revoked and may be revoked at PROPOSED Mr. VITTER) submitted an amendment any time.’’. intended to be proposed by him to the SA 30. Mr. ENSIGN submitted an amend- ment intended to be proposed by him to the bill S. 181, to amend title VII of the SA 33. Mr. DEMINT submitted an bill S. 181, to amend title VII of the Civil Civil Rights Act of 1964 and the Age amendment intended to be proposed by Rights Act of 1964 and the Age Discrimina- Discrimination in Employment Act of him to the bill S. 181, to amend title tion in Employment Act of 1967, and to mod- 1967, and to modify the operation of the VII of the Civil Rights Act of 1964 and ify the operation of the Americans with Dis- Americans with Disabilities Act of 1990 the Age Discrimination in Employment abilities Act of 1990 and the Rehabilitation and the Rehabilitation Act of 1973, to Act of 1967, and to modify the oper- Act of 1973, to clarify that a discriminatory clarify that a discriminatory com- ation of the Americans with Disabil- compensation decision or other practice that pensation decision or other practice is unlawful under such Acts occurs each time ities Act of 1990 and the Rehabilitation compensation is paid pursuant to the dis- that is unlawful under such Acts occurs Act of 1973, to clarify that a discrimi- criminatory compensation decision or other each time compensation is paid pursu- natory compensation decision or other practice, and for other purposes; which was ant to the discriminatory compensa- practice that is unlawful under such ordered to lie on the table. tion decision or other practice, and for Acts occurs each time compensation is SA 31. Mr. DEMINT (for himself and Mr. other purposes; which was ordered to paid pursuant to the discriminatory VITTER) submitted an amendment intended lie on the table; as follows: compensation decision or other prac- to be proposed by him to the bill S. 181, At the appropriate place, insert the fol- tice, and for other purposes; which was supra; which was ordered to lie on the table. lowing: ordered to lie on the table; as follows: SA 32. Mr. DEMINT submitted an amend- ment intended to be proposed by him to the SEC. ll. RIGHT TO WORK. At the end, add the following: bill S. 181, supra; which was ordered to lie on (a) NATIONAL LABOR RELATIONS ACT.— SEC. 7. STATUTES OF LIMITATIONS FOR SUITS the table. (1) RIGHTS OF EMPLOYEES.—Section 7 of the AGAINST LABOR ORGANIZATIONS. SA 33. Mr. DEMINT submitted an amend- National Labor Relations Act (29 U.S.C. 157) (a) CIVIL RIGHTS ACT OF 1964.—Section ment intended to be proposed by him to the is amended by striking ‘‘except to’’ and all 706(e) of the Civil Rights Act of 1965 (as bill S. 181, supra; which was ordered to lie on that follows through ‘‘authorized in section amended by section 3 of this Act) (42 U.S.C. the table. 8(a)(3)’’. 2000e–5(e)) is further amended by adding at SA 34. Mr. VITTER submitted an amend- (2) UNFAIR LABOR PRACTICES.—Section 8 of the end the following: ment intended to be proposed by him to the the National Labor Relations Act (29 U.S.C. ‘‘(4) Notwithstanding paragraph (1), a bill S. 181, supra; which was ordered to lie on 158) is amended— charge filed by or on behalf of an individual the table. (A) in subsection (a)(3), by striking ‘‘: Pro- claiming to be aggrieved against a labor or- SA 35. Mrs. HUTCHISON submitted an vided, That’’ and all that follows through ganization shall not be subject to the timing amendment intended to be proposed by her ‘‘retaining membership’’; requirements of such paragraph, and the in- to the bill S. 181, supra; which was ordered to (B) in subsection (b)— dividual may file a charge at any time after lie on the table. (i) in paragraph (2), by striking ‘‘or to dis- the alleged unlawful employment practice SA 36. Mr. ENSIGN submitted an amend- criminate’’ and all that follows through ‘‘re- has occurred.’’. ment intended to be proposed by him to the taining membership’’; and (b) AGE DISCRIMINATION IN EMPLOYMENT bill S. 181, supra; which was ordered to lie on (ii) in paragraph (5), by striking ‘‘covered ACT.—Section 7 of the Age Discrimination in the table. by an agreement authorized under sub- Employment Act of 1967 (as amended by sec- section (a)(3) of this section’’; and tion 4 of this Act) (29 U.S.C. 626) is further f (C) in subsection (f), by striking clause (2) amended by adding at the end the following: TEXT OF AMENDMENTS and redesignating clauses (3) and (4) as ‘‘(g) STATUTES OF LIMITATIONS FOR SUITS clauses (2) and (3), respectively. AGAINST LABOR ORGANIZATIONS.—Notwith- SA 30. Mr. ENSIGN submitted an (b) AMENDMENT TO THE RAILWAY LABOR standing subsection (d), a charge filed by or amendment intended to be proposed by ACT.—Section 2 of the Railway Labor Act (45 on behalf of an individual alleging that a him to the bill S. 181, to amend title U.S.C. 152) is amended by striking paragraph labor organization committed unlawful dis- VII of the Civil Rights Act of 1964 and Eleven. crimination against the individual shall not

VerDate Nov 24 2008 05:35 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.061 S21JAPT1 jbell on PROD1PC69 with SENATE S728 CONGRESSIONAL RECORD — SENATE January 21, 2009 be subject to the timing requirements of contracts awarded prior to the date of enact- the requirements or prohibitions set forth in such subsection, and the individual may file ment of this Act, and subcontracts awarded paragraph (1)(A); and a charge at any time after the alleged unlaw- pursuant to such contracts regardless of the (ii) that one or more construction con- ful employment practice has occurred.’’. date of such subcontracts. tracts subject to such requirements or prohi- (c) APPLICATION TO OTHER LAWS.—Section 5 (C) RULE OF CONSTRUCTION.—Nothing in bitions had been awarded as of the date of of this Act shall be applied by substituting subparagraph (A) shall be construed to pro- the enactment of this Act. ‘‘sections 3 and 7’’ for ‘‘section 3’’ each place hibit a contractor or subcontractor from vol- (5) FEDERAL ACQUISITION REGULATORY COUN- the term occurs. untarily entering into an agreement de- CIL.—With respect to Federal contracts to scribed in such subparagraph. which this subsection applies, not later than SA 34. Mr. VITTER submitted an (2) RECIPIENTS OF GRANTS AND OTHER AS- 60 days after the date of enactment of this amendment intended to be proposed by SISTANCE.—The head of each executive agen- Act, the Federal Acquisition Regulatory him to the bill S. 181, to amend title cy that awards grants, provides financial as- Council shall take appropriate action to VII of the Civil Rights Act of 1964 and sistance, or enters into cooperative agree- amend the Federal Acquisition Regulation to the Age Discrimination in Employment ments for construction projects after the implement the provisions of this subsection. (6) DEFINITIONS.—In this subsection: Act of 1967, and to modify the oper- date of enactment of this Act, shall ensure that— (A) CONSTRUCTION CONTRACT.—The term ation of the Americans with Disabil- (A) the bid specifications, project agree- ‘‘construction contract’’ means any contract ities Act of 1990 and the Rehabilitation ments, or other controlling documents for for the construction, rehabilitation, alter- Act of 1973, to clarify that a discrimi- such construction projects of a recipient of a ation, conversion, extension, or repair of natory compensation decision or other grant or financial assistance, or by the par- buildings, highways, or other improvements practice that is unlawful under such ties to a cooperative agreement, do not con- to real property. Acts occurs each time compensation is tain any of the requirements or prohibitions (B) EXECUTIVE AGENCY.—The term ‘‘execu- paid pursuant to the discriminatory described in clause (i) or (ii) of paragraph tive agency’’ has the meaning given such (1)(A); or term in section 105 of title 5, United States compensation decision or other prac- Code, except that such term shall not in- tice, and for other purposes; which was (B) the bid specifications, project agree- ments, or other controlling documents for clude the Government Accountability Office. ordered to lie on the table; as follows: such construction projects of a construction (C) LABOR ORGANIZATION.—The term ‘‘labor At the appropriate place, insert the fol- manager acting on behalf of a recipient or organization’’ has the meaning given such lowing: party described in subparagraph (A) do not term in section 701(d) of the Civil Rights Act SEC. ll. GOVERNMENT NEUTRALITY IN CON- contain any of the requirements or prohibi- of 1964 (42 U.S.C. 2000e(d)). TRACTING. tions described in clause (i) or (ii) of para- (a) PURPOSES.—It is the purpose of this sec- graph (1)(A). SA 35. Mrs. HUTCHISON submitted tion to— (3) FAILURE TO COMPLY.—If an executive an amendment intended to be proposed (1) promote and ensure open competition agency, a recipient of a grant or financial as- by her to the bill S. 181, to amend title on Federal and federally funded or assisted sistance from an executive agency, a party VII of the Civil Rights Act of 1964 and construction projects; to a cooperative agreement with an execu- the Age Discrimination in Employment (2) maintain Federal Government neu- tive agency, or a construction manager act- Act of 1967, and to modify the oper- trality towards the labor relations of Federal ing on behalf of such an agency, recipient, or Government contractors on Federal and fed- party, fails to comply with paragraph (1) or ation of the Americans with Disabil- erally funded or assisted construction (2), the head of the executive agency award- ities Act of 1990 and the Rehabilitation projects; ing the contract, grant, or assistance, or en- Act of 1973, to clarify that a discrimi- (3) reduce construction costs to the Fed- tering into the agreement, involved shall natory compensation decision or other eral Government and to the taxpayers; take such action, consistent with law, as the practice that is unlawful under such (4) expand job opportunities, especially for head of the agency determines to be appro- Acts occurs each time compensation is small and disadvantaged businesses; and priate. paid pursuant to the discriminatory (5) prevent discrimination against Federal (4) EXEMPTIONS.— compensation decision or other prac- Government contractors or their employees (A) IN GENERAL.—The head of an executive based upon labor affiliation or the lack agency may exempt a particular project, tice, and for other purposes; which was thereof, thereby promoting the economical, contract, subcontract, grant, or cooperative ordered to lie on the table; as follows: nondiscriminatory, and efficient administra- agreement from the requirements of 1 or On page 7, strike lines 11 through 20 and in- tion and completion of Federal and federally more of the provisions of paragraphs (1) and sert the following: funded or assisted construction projects. (2) if the head of such agency determines SEC. 6. EFFECTIVE DATE. RESERVATION OF PEN OMPETITION (b) P O C that special circumstances exist that require (a) IN GENERAL.—This Act, and the amend- AND FEDERAL GOVERNMENT NEUTRALITY.— an exemption in order to avert an imminent ments made by this Act, take effect on the (1) PROHIBITION.— threat to public health or safety or to serve date of enactment of this Act, except as pro- (A) GENERAL RULE.—The head of each exec- the national security. vided in subsection (b). utive agency that awards any construction (B) SPECIAL CIRCUMSTANCES.—For purposes (b) CLAIMS.—This Act, and the amend- contract after the date of enactment of this of subparagraph (A), a finding of ‘‘special cir- ments made by this Act, shall apply to each Act, or that obligates funds pursuant to such cumstances’’ may not be based on the possi- claim of discrimination in compensation a contract, shall ensure that the agency, and bility or existence of a labor dispute con- under title VII of the Civil Rights Act of 1964 any construction manager acting on behalf cerning contractors or subcontractors that (42 U.S.C. 2000e et seq.), the Age Discrimina- of the Federal Government with respect to are nonsignatories to, or that otherwise do tion in Employment Act of 1967 (29 U.S.C. 621 such contract, in its bid specifications, not adhere to, agreements with 1 or more et seq.), title I and section 503 of the Ameri- project agreements, or other controlling doc- labor organization, or labor disputes con- cans with Disabilities Act of 1990, and sec- uments does not— cerning employees on the project who are tions 501 and 504 of the Rehabilitation Act of (i) require or prohibit a bidder, offeror, not members of, or affiliated with, a labor 1973, if— contractor, or subcontractor from entering organization. (1) the claim results from a discriminatory into, or adhering to, agreements with 1 or (C) ADDITIONAL EXEMPTION FOR CERTAIN compensation decision or other practice; and more labor organization, with respect to PROJECTS.—The head of an executive agency, (2) the discriminatory compensation deci- that construction project or another related upon application of an awarding authority, a sion or other practice is adopted on or after construction project; or recipient of grants or financial assistance, a that date of enactment. (ii) otherwise discriminate against a bid- party to a cooperative agreement, or a con- der, offeror, contractor, or subcontractor be- struction manager acting on behalf of any of Mr. ENSIGN submitted an cause such bidder, offeror, contractor, or such entities, may exempt a particular SA 36. subcontractor— project from the requirements of any or all amendment intended to be proposed by (I) became a signatory, or otherwise ad- of the provisions of paragraphs (1) or (2) if him to the bill S. 181, to amend title hered to, an agreement with 1 or more labor the agency head finds— VII of the Civil Rights Act of 1964 and organization with respect to that construc- (i) that the awarding authority, recipient the Age Discrimination in Employment tion project or another related construction of grants or financial assistance, party to a Act of 1967, and to modify the oper- project; or cooperative agreement, or construction man- ation of the Americans with Disabil- (II) refused to become a signatory, or oth- ager acting on behalf of any of such entities ities Act of 1990 and the Rehabilitation erwise adhere to, an agreement with 1 or had issued or was a party to, as of the date Act of 1973, to clarify that a discrimi- more labor organization with respect to that of the enactment of this Act, bid specifica- construction project or another related con- tions, project agreements, agreements with natory compensation decision or other struction project. one or more labor organizations, or other practice that is unlawful under such (B) APPLICATION OF PROHIBITION.—The pro- controlling documents with respect to that Acts occurs each time compensation is visions of this subsection shall not apply to particular project, which contained any of paid pursuant to the discriminatory

VerDate Nov 24 2008 03:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.052 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S729 compensation decision or other prac- mittee on Foreign Relations be author- COMMITTEE ON COMMERCE, SCIENCE, tice, and for other purposes; which was ized to meet during the session of the AND TRANSPORTATION: Mr. Rockefeller ordered to lie on the table; as follows: Senate on Wednesday, January 21, 2009, (Chairman), Mr. Inouye, Mr. Kerry, Mr. Dor- gan, Mrs. Boxer, Mr. Nelson of Florida, Ms. Beginning on page 3, strike line 21 and all at 3:15 p.m. Cantwell, Mr. Lautenberg, Mr. Pryor, Mrs. that follows through page 5, line 9 and insert The PRESIDING OFFICER. Without the following: McCaskill, Ms. Klobuchar, Mr. Udall of New objection, it is so ordered. Mexico, Mr. Warner, and Mr. Begich. in compensation in violation of this title, COMMITTEE ON HOMELAND SECURITY AND COMMITTEE ON ENERGY AND NAT- when an intentional discriminatory com- GOVERNMENTAL AFFAIRS URAL RESOURCES: Mr. Bingaman (Chair- pensation decision or other practice is adopt- Mr. KERRY. Mr. President, I ask man), Mr. Dorgan, Mr. Wyden, Mr. Johnson, ed, when an individual becomes subject to an Ms. Landrieu, Ms. Cantwell, Mr. Menendez, intentional discriminatory compensation de- unanimous consent that the Com- Mrs. Lincoln, Mr. Sanders, Mr. Bayh, Ms. cision or other practice, or when an indi- mittee on Homeland Security and Gov- Stabenow, Mr. Udall of Colorado, and Mrs. vidual is affected by application of an inten- ernmental Affairs be authorized to Shaheen. tional discriminatory compensation decision meet during the session of the Senate COMMITTEE ON ENVIRONMENT AND or other practice, including each time wages, on Wednesday, January 21, 2009, at 2 PUBLIC WORKS: Mrs. Boxer (Chairman), benefits, or other compensation is paid, re- p.m. to conduct a hearing entitled sulting in whole or in part from such a deci- Mr. Baucus, Mr. Carper, Mr. Lautenberg, Mr. sion or other practice. ‘‘Where Were the Watchdogs? The Fi- Cardin, Mr. Sanders, Ms. Klobuchar, Mr. ‘‘(B) In addition to any relief authorized by nancial Crisis and the Breakdown of Whitehouse, Mr. Udall of New Mexico, Mr. section 1977A of the Revised Statutes (42 Financial Governance.’’ Merkley, and Majority Leader designee. U.S.C. 1981a), liability may accrue and an ag- The PRESIDING OFFICER. Without COMMITTEE ON FINANCE: Mr. Baucus grieved person may obtain relief as provided objection, it is so ordered. (Chairman), Mr. Rockefeller, Mr. Conrad, Mr. Bingaman, Mr. Kerry, Mrs. Lincoln, Mr. in subsection (g)(1), including recovery of COMMITTEE ON THE JUDICIARY back pay for up to two years preceding the Wyden, Mr. Schumer, Ms. Stabenow, Ms. filing of the charge, where the unlawful em- Mr. KERRY. Mr. President, I ask Cantwell, Mr. Nelson of Florida, Mr. Menen- ployment practices that have occurred dur- unanimous consent that the Senate dez, and Mr. Carper. ing the charge filing period are similar or re- Committee on the Judiciary be author- COMMITTEE ON FOREIGN RELATIONS: lated to unlawful employment practices with ized to meet during the session of the Mr. Kerry (Chairman), Mr. Dodd, Mr. Fein- regard to discrimination in compensation Senate, to conduct an executive busi- gold, Mrs. Boxer, Mr. Menendez, Mr Cardin, that occurred outside the time for filing a ness meeting on Wednesday, January Mr. Casey, Mr. Webb, Ms. Shaheen, Mr. Kauf- man, and Majority Leader designee. charge.’’. 21, 2009, at 2:30 p.m., in room SH–216 of SEC. 4. DISCRIMINATION IN COMPENSATION BE- COMMITTEE ON HEALTH, EDUCATION, CAUSE OF AGE. the Hart Senate Office Building. LABOR, AND PENSIONS: Mr. Kennedy Section 7(d) of the Age Discrimination in The PRESIDING OFFICER. Without (Chairman), Mr. Dodd, Mr. Harkin, Ms. Mi- Employment Act of 1967 (29 U.S.C. 626(d)) is objection, it is so ordered. kulski, Mr. Bingaman, Mrs. Murray, Mr. amended— f Reed, Mr. Sanders, Mr. Brown, Mr. Casey, (1) in the first sentence— Mrs. Hagan, Mr. Merkley, and Majority (A) by redesignating paragraphs (1) and (2) S. RES. 18 AND S. RES. 19 Leader designee. as subparagraphs (A) and (B), respectively; Mr. REID. Mr. President, I ask unan- COMMITTEE ON HOMELAND SECURITY and imous consent that the Senate proceed AND GOVERNMENTAL AFFAIRS: Mr. (B) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; to the immediate consideration en bloc Lieberman (Chairman), Mr. Levin, Mr. Akaka, Mr. Carper, Mr. Pryor, Ms. Landrieu, (2) in the third sentence, by striking of S. Res. 18 and S. Res. 19, submitted ‘‘Upon’’ and inserting the following: Mrs. McCaskill, Mr. Tester, Mr. Burris, and ‘‘(2) Upon’’; and earlier today; that the resolutions be Majority Leader designee. (3) by adding at the end the following: agreed to, and the motions to recon- COMMITTEE ON THE JUDICIARY: Mr. ‘‘(3) For purposes of this section, an unlaw- sider be laid upon the table en bloc. Leahy (Chairman), Mr. Kohl, Mrs. Feinstein, ful practice occurs, with respect to discrimi- They have been approved by the Repub- Mr. Feingold, Mr. Schumer Mr. Durbin, Mr. nation in compensation in violation of this lican leader. Cardin, Mr. Whitehouse, Mr. Wyden, Ms. Act, when an intentional discriminatory The PRESIDING OFFICER. Is there Klobuchar, and Mr. Kaufman. compensation decision or other practice is objection? COMMITTEE ON RULES AND ADMINIS- adopted, when a person becomes subject to TRATION: Mr. Schumer (Chairman), Mrs. an intentional discriminatory compensation Without objection, it is so ordered. The resolutions (S. Res. 18 and S. Feinstein, Mr. Dodd, Mr. Byrd, Mr. Inouye, decision or other practice, or when a person Mr. Durbin, Mr. Nelson of Nebraska, Mrs. is affected by application of an intentional Res. 19) were agreed to, as follows: Murray, Mr. Pryor, Mr. Warner, and Mr. discriminatory compensation decision or S. RES. 18 Udall of New Mexico. other Resolved, That notwithstanding the provi- COMMITTEE ON SMALL BUSINESS AND f sions of rule XXV, the following shall con- ENTREPRENEURSHIP: Ms. Landrieu stitute the majority party’s membership on (Chairperson), Mr. Kerry, Mr. Levin, Mr. AUTHORITY FOR COMMITTEES TO the following standing committees for the Harkin, Mr. Lieberman, Ms. Cantwell, Mr. MEET 111th Congress, or until their successors are Bayh, Mr. Pryor, Mr. Cardin, Mrs. Hagan, COMMITTEE ON COMMERCE, SCIENCE, AND chosen: and Mrs. Shaheen. TRANSPORTATION COMMITTEE ON AGRICULTURE, NUTRI- COMMITTEE ON VETERANS’ AFFAIRS: Mr. KERRY. Mr. President, I ask TION, AND FORESTRY: Mr. Harkin (Chair- Mr. Akaka (Chairman), Mr. Rockefeller, Mrs. unanimous consent that the Com- man), Mr. Leahy, Mr. Conrad, Mr. Baucus, Murray, Mr. Sanders, Mr. Brown, Mr. Webb, Mrs. Lincoln, Ms. Stabenow, Mr. Nelson of Mr. Tester, Mr. Begich, and Mr. Burris. mittee on Commerce, Science, and Nebraska, Mr. Brown, Mr. Casey, Ms. SPECIAL COMMITTEE ON AGING: Mr. Transportation be authorized to meet Klobuchar, Majority Leader designee, and Kohl (Chairman), Mr. Wyden, Mrs. Lincoln, during the session of the Senate on Majority Leader designee. Mr. Bayh, Mr. Nelson of Florida, Mr Casey, Wednesday, January 21, 2009, at 2 p.m., COMMITTEE ON APPROPRIATIONS: Mr. Mrs. McCaskill, Mr. Whitehouse, Mr. Udall in room 253 of the Russell Senate Office Inouye (Chairman), Mr. Byrd, Mr. Leahy, Mr. of Colorado, Majority Leader designee, Ma- Building. Harkin, Ms. Mikulski, Mr. Kohl, Mrs. Mur- jority Leader designee, and Majority Leader The PRESIDING OFFICER. Without ray, Mr. Dorgan, Mrs. Feinstein, Mr. Durbin, designee. objection, it is so ordered. Mr. Johnson, Ms. Landrieu, Mr. Reed, Mr. COMMITTEE ON THE BUDGET: Mr. Lautenberg, Mr. Nelson of Nebraska, Mr. Conrad (Chairman), Mrs. Murray, Mr. COMMITTEE ON FINANCE Pryor, and Mr. Tester. Wyden, Mr. Feingold, Mr. Byrd, Mr. Nelson Mr. KERRY. Mr. President, I ask COMMITTEE ON ARMED SERVICES: Mr. of Florida, Ms. Stabenow, Mr. Menendez, Mr. unanimous consent that the Com- Levin (Chairman), Mr. Kennedy, Mr. Byrd, Cardin, Mr. Sanders, Mr. Whitehouse, Mr. mittee on Finance be authorized to Mr. Lieberman, Mr. Reed, Mr. Akaka, Mr. Warner, and Mr. Merkley. meet during the session of the Senate Nelson of Florida, Mr. Nelson of Nebraska, SELECT COMMITTEE ON ETHICS: Mrs. on Wednesday, January 21, 2009, at 10 Mr. Bayh, Mr. Webb, Mrs. McCaskill, Mr. Boxer (Chairman), Mr. Pryor, and Mr. a.m., in room 215 of the Dirksen Senate Udall of CO, Mrs. Hagan, Mr. Begich, and Mr. Brown. Office Building. Burris. COMMITTEE ON INDIAN AFFAIRS: Mr. The PRESIDING OFFICER. Without COMMITTEE ON BANKING, HOUSING, Dorgan (Chairman), Mr. Inouye, Mr. Conrad, AND URBAN AFFAIRS: Mr. Dodd (Chair- objection, it is so ordered. Mr. Akaka, Mr. Johnson, Ms. Cantwell, Mr. man), Mr. Johnson, Mr. Reed, Mr. Schumer, Tester, Mr. Udall of New Mexico, and Major- COMMITTEE ON FOREIGN RELATIONS Mr. Bayh, Mr. Menendez, Mr. Akaka, Mr. ity Leader designee. Mr. KERRY. Mr. President, I ask Brown, Mr. Tester, Mr. Kohl, Mr. Warner, SELECT COMMITTEE ON INTEL- unanimous consent that the Com- Mr. Merkley, and Majority Leader designee. LIGENCE: Mrs. Feinstein (Chairman), Mr.

VerDate Nov 24 2008 04:37 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.054 S21JAPT1 jbell on PROD1PC69 with SENATE S730 CONGRESSIONAL RECORD — SENATE January 21, 2009 Rockefeller, Mr. Wyden, Mr. Bayh, Ms. Mi- SELECT COMMITTEE ON ETHICS: Mr. every country in the world, there was kulski, Mr. Feingold, Mr. Nelson of Florida, Isakson, Mr. Roberts, and Mr. Risch. great anticipation and great joy, not and Mr. Whitehouse. SELECT COMMITTEE ON INTEL- only because we have made history in JOINT ECONOMIC COMMITTEE: Mr. LIGENCE: Mr. Bond, Mr. Hatch, Ms. Snowe, our country by electing the first Afri- Schumer (Vice Chairman), Mr. Kennedy, Mr. Mr. Chambliss, Mr. Burr, Mr. Coburn, and Bingaman, Ms. Klobuchar, Mr. Casey, and Mr. Risch. can American ever elected President, Mr. Webb. SPECIAL COMMITTEE ON AGING: Mr. but also because the people of this S. RES. 19 Martinez, Mr. Shelby, Ms. Collins, Mr. Spec- country demand that we begin moving Resolved, That the following be the minor- ter, Republican Leader designee, Mr. Corker, America in a very different direction ity membership on the following committee Mr. Hatch, Mr. Brownback, and Mr. Graham. than where we have been going for the for the remainder of the 111th Congress, or JOINT ECONOMIC COMMITTEE: Mr. last 8 years. Unfortunately, as Presi- until their successors are appointed: Brownback, Mr. DeMint, Mr. Risch, and Mr. dent Obama assumes office, the Con- COMMITTEE ON AGRICULTURE NUTRI- Bennett. gress, the American people, and he are TION AND FORESTRY: Mr. Chambliss, Mr. f looking out at a set of the most serious Lugar, Mr. Cochran, Mr. McConnell, Mr. Roberts, Mr. Johanns, Mr. Grassley, Mr. MAINTAINING THE SCHEDULE problems that our country has faced Thune, and Republican Leader designee. since the Great Depression. Let me COMMITTEE ON APPROPRIATIONS: Mr. Mr. REID. Mr. President, we have take a very few minutes to give a broad Cochran, Mr. Specter, Mr. Bond, Mr. McCon- made good progress on this legislation outline of some of those problems and nell, Mr. Shelby, Mr. Gregg, Mr. Bennett, today, the Ledbetter legislation. I am some of the efforts I personally will be Mrs. Hutchison, Mr. Brownback, Mr. Alex- not filing cloture tonight. I am very making in order to address these cri- ander, Ms. Collins, Mr. Voinovich, and Ms. confident we will be able to finish this ses. Murkowski. bill tomorrow. If we do not, I will file COMMITTEE ON ARMED SERVICES: Mr. As a result of the outrageous greed McCain, Mr. Inhofe, Mr. Sessions, Mr. cloture on it for a weekend cloture and recklessness and dishonesty on the Chambliss, Mr. Graham, Mr. Thune, Mr. vote because we have to finish this bill part of a few hundred or a few thousand Martinez, Mr. Wicker, Mr. Burr, Mr. Vitter, this week. If people need more time, speculators on Wall Street, our entire and Ms. Collins. they want to have some more debate financial system is in danger of col- COMMITTEE ON BANKING, HOUSING and amendments on Friday, that is fine lapsing. That impacts not only the AND URBAN AFFAIRS: Mr. Shelby, Mr. with me too. United States but, in fact, the financial Bennett, Mr. Bunning, Mr. Crapo, Mr. Mar- I think this legislation sets a good tinez, Mr. Corker, Mr. DeMint, Mr. Vitter, markets all over the world. At this Mr. Johanns, and Mrs. Hutchison. tone that we can legislate here, people point, the American taxpayer—pri- COMMITTEE ON THE BUDGET: Mr. can offer amendments, with no restric- marily the middle class—has already Gregg, Mr. Grassley, Mr. Enzi, Mr. Sessions, tions on the amendments. I think this put into the TARP bailout some $700 Mr. Bunning, Mr. Crapo, Mr. Ensign, Mr. is the way we need to move forward. billion, but in addition to that, the Fed Cornyn, Mr. Graham, and Mr. Alexander. The simple fact that we have 58, 59 has lent out trillions of dollars with COMMITTEE ON COMMERCE, SCIENCE Senators should not in any way give us virtually no transparency and cer- AND TRANSPORTATION: Mrs. Hutchison, any idea that we can move through Ms. Snowe, Mr. Ensign, Mr. DeMint, Mr. tainly no accountability. This is a cri- Thune, Mr. Wicker, Mr. Isakson, Mr. Vitter, here without bipartisan support. So I sis we have to deal with in a number of Mr. Brownback, Mr. Martinez, and Mr. hope we can do that. But we still have ways. I will tell my colleagues as some- Johanns. a schedule to maintain. If that cannot body who voted against the original COMMITTEE ON ENERGY AND NAT- be done, we will do some things over bailout and who voted against the sec- URAL RESOURCES: Ms. Murkowski, Mr. the weekend. ond bailout, we have to develop a Burr, Mr. Barrasso, Mr. Brownback, Mr. Progress is being made with the mechanism that does more than pump Risch, Mr. McCain, Mr. Bennett, Mr. nominations. I hope once we get some Bunning, Mr. Sessions, and Mr. Corker. hundreds and hundreds of billions of COMMITTEE ON ENVIRONMENT AND more reported out of the committees, dollars to bail out Wall Street. This is PUBLIC WORKS: Mr. Inhofe, Mr. Voinovich, we can move some of them out of here a difficult issue, it is a complicated Mr. Vitter, Mr. Barrasso, Mr. Specter, Mr. quickly. issue, but it is an issue that we have to Crapo, Mr. Bond, and Mr. Alexander. We have so much work to do in just address. COMMITTEE ON FINANCE: Mr. Grassley, a short period of time. Four weeks, ba- Furthermore, in my view, we need an Mr. Hatch, Ms. Snowe, Mr. Kyl, Mr. Bunning, sically, is all we have left of this work Mr. Crapo, Mr. Roberts, Mr. Ensign, Mr. investigation to get at the root of the Enzi, and Mr. Cornyn. period, and we are going to finish a problem. I reject the idea, as some sug- COMMITTEE ON FOREIGN RELATIONS: number of items. I have announced gest, that this was a problem caused by Mr. Lugar, Republican Leader designee, Mr. what they would be. We are going to do everybody; all of us are guilty in caus- Corker, Mr. Isakson, Mr. Risch, Mr. DeMint, that or we are not going to have our ing this financial crisis. That is wrong. Mr. Barrasso, and Mr. Wicker. Presidents Day recess. The fact is there are a relatively small COMMITTEE ON HEALTH, EDUCATION, The PRESIDING OFFICER. The Sen- number of people—by and large people LABOR AND PENSIONS: Mr. Enzi, Mr. ator from Vermont is recognized. Gregg, Mr. Alexander, Mr. Burr, Mr. Isakson, who in the last 5 to 10 years have made Mr. McCain, Mr. Hatch, Ms. Murkowski, Mr. Mr. SANDERS. Mr. President, I ask hundreds of millions of dollars; in fact, Coburn, and Mr. Roberts. unanimous consent to speak as in in some cases have accrued billions of COMMITTEE ON HOMELAND SECURITY morning business. dollars of wealth for themselves, who AND GOVERNMENTAL AFFAIRS: Ms. Col- The PRESIDING OFFICER. Without have operated in utter recklessness lins, Republican Leader designee, Mr. objection, it is so ordered. and, in my suspicion, in illegal man- Coburn, Mr. McCain, Mr. Voinovich, Mr. En- nerisms in order to make these incred- sign, and Mr. Graham. f ible profits and to bring our financial COMMITTEE ON THE JUDICIARY: Mr. THE WAY FORWARD Specter, Mr. Hatch, Mr. Grassley, Mr. Kyl, system to the edge of collapse. We need Mr. Sessions, Mr. Graham, Mr. Cornyn, and Mr. SANDERS. Mr. President, I wish to know who these people are, how Mr. Coburn. to begin by congratulating Senator MI- they did it, hold them accountable, and COMMITTEE ON RULES AND ADMINIS- KULSKI on her continued efforts in create legislation which makes sure TRATION: Mr. Bennett, Mr. McConnell, Mr. fighting for pay equality for women that we never, ever again are placed in Cochran, Mr. Chambliss, Mrs. Hutchison, Mr. workers. This is a struggle that has Alexander, Mr. Roberts, and Mr. Ensign. the position we are in today. COMMITTEE ON SMALL BUSINESS AND gone on for decades. We are making The truth of the matter is that while ENTREPRENEURSHIP: Ms. Snowe, Mr. some progress, but we have a long way the financial crisis of the last few Bond, Republican Leader designee, Mr. to go and it is imperative that we pass months has exacerbated the economic Vitter, Mr. Thune, Mr. Enzi, Mr. Isakson, the Ledbetter legislation. problems that we are facing as a Na- and Mr. Wicker. Yesterday, as everybody in the world tion today, for many years, despite the COMMITTEE ON VETERANS’ AFFAIRS: knows, Barack Obama was sworn in as assertions of the Bush administration, Mr. Burr, Mr. Specter, Mr. Isakson, Mr. the President of the United States. I the middle class has been in a signifi- Wicker, Mr. Johanns, and Mr. Graham. COMMITTEE ON INDIAN AFFAIRS: Mr. can tell my colleagues that in my cant state of decline, poverty has been Barrasso, Mr. McCain, Ms. Murkowski, Mr. State of Vermont, and I expect all over increasing, and millions of people have Coburn, Mr. Crapo, and Mr. Johanns. this country and, in fact, in virtually lost their health insurance and their

VerDate Nov 24 2008 03:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JA6.047 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — SENATE S731 pensions. What is happening today as a are living out in the streets and who only a debate right here in Congress result of the financial crisis and the are denied basic, decent quality but a national conversation about how huge increase in unemployment is a childcare? Is that the kind of Nation we deal with the very difficult issues of situation where when people lose their that we are about? Afghanistan. jobs, they are losing their health insur- Since 2000, since the year 2000, nearly Despite the reality of global warm- ance; when they are losing their in- 6 million Americans have slipped out of ing, our Nation still, despite decades of come, they are losing their ability to the middle class and into poverty, the talk, has not yet broken our depend- maintain their homes and they are los- median income for working age fami- ency on fossil fuel and foreign oil. In ing their homes; when they are losing lies has gone down by over $2,300, over fact, every single year we are spending their income, they are unable to take 7 million Americans have lost their more than $500 billion bringing in oil care of their parents, they are unable health insurance, more than 4 million from abroad. We have only begun—just to send their kids to college, and the decent paying manufacturing jobs have begun—to make the advances we need dreams many people have fought for been lost, and over 4 million workers to make in terms of energy efficiency their entire working lives are now dis- have lost their pensions. All of those and sustainable energy. As a member appearing. I can tell my colleagues figures will get worse because of the of both the Environmental Committee that in the State of Vermont we have statistics we have seen in recent and the Energy Committee, it is my received many e-mails and communica- months because of the financial crisis. view that we have the potential to cre- tions from elderly people, elderly The dream of a college education is ate millions of good-paying jobs as we workers who have told me that they fading away for many working families transform our energy system away have spent their whole lives working so in my State and all over this country from fossil fuel to energy efficiency they would have a secure retirement, as college costs go up while incomes go and sustainable energy. We can do and now that retirement is dis- down. We are seeing a situation where that. We must do that. appearing with the decline of the stock hundreds of thousands of qualified stu- As my colleagues well know, the market. We are in the midst of a grave dents are unable to go to college be- major issue that this Congress is going crisis and we are going to need some cause they simply don’t have the to be dealing with in the next several bold thinking in order to get out of it. money to do that, and many others are weeks is an economic recovery pro- Not only are we seeing a huge in- coming out deeply in debt and have to gram. I strongly support the basic out- crease in unemployment, people losing take jobs which they would rather not lines of that program. Obviously, there their health insurance, poverty in- take in order to pay back their student is going to be a lot of debate about the creasing, the reality is we continue to loans. Meanwhile, in the last 8 years, details within it and the hope that we have—and we do not talk about this despite the bailout of Wall Street, with can target that money in such a way as enough—by far the highest rate of ongoing tax breaks for the very to create good-paying jobs as quickly childhood poverty of any major Nation wealthy, and with the war in Iraq, we as possible in the most cost-effective on Earth. During my years in the now have a national debt of over $10.5 way imaginable. What I can tell my House and my time in the Senate, I trillion. colleagues is that in my State—and I have heard some of my colleagues talk Another issue this Congress has to expect in the other 49 States in this about family values. Well, let me say deal with is to address the reality that country—our infrastructure is col- very clearly that having the highest the United States of America remains lapsing. We have roads in the State of rate of childhood poverty in the indus- the only major country on Earth that Vermont which have huge problems. trialized world is not a family value, it does not provide health care to all of We have all kinds of bridges that are in is a national disgrace. Every psycholo- its people. Yet we end up spending sub- need of repair in our small towns. We gist in the world will tell us that when stantially more per capita on health have water systems that are simply in- kids grow up in poverty, when kids do care than any other Nation. But 47 mil- adequate. We have wastewater plants not have early childhood education, lion Americans have no health insur- that need to be rebuilt. All of these are when kids go to poor schools, there is ance. Almost 20,000 Americans die very expensive propositions. So in the a direct correlation between that re- every single year because they don’t stimulus package, my hope is that we ality and the fact that we have more have access to decent primary health are going to put substantial sums of people behind bars today, more people care—they can’t find a doctor when money into rebuilding our roads, our in jail than any country in the world, they need it—and we pay the highest bridges, our water systems. I hope we including China. How does that happen, prices in the world for prescription begin to make the investment we need that millions of Americans end up in drugs. in public transportation—certainly jail more so than in an authoritarian With a new President, with a new rural public transportation in the country such as China? If one thinks it Congress, the American people are ask- State of Vermont—as one of many does not have a relationship to the ing whether finally we will have the needs. If you are a worker in one part high rate of childhood poverty in this courage to stand up to the lobbyists of the State and you want to go 50 country and the fact that we are not who are outside of this building every miles to your job, in almost every case investing in our kids, I think you single day, who are walking the cor- there is no public transportation to get would be wrong. ridors; can we stand up to the insur- you there. If you are a senior citizen Last year, we continued the process ance companies, can we stand up to the and wish to go to the hospital or the of seeing a growing gap between the drug companies so that we finally—fi- grocery store, it is very hard to get very rich and everybody else. I know nally—will provide quality health care, there if you do not have a car. I suspect this is not an issue that many people in low-cost prescription drugs to every that is true all over rural America. In the Congress choose to talk about, but man, woman, and child as a right of addition, our rail system is far behind, it is an issue that must be talked citizenship? Will we have the courage where Europe, Japan, and even China about, not only from a sense of moral- to do that? I certainly hope we will. are now advancing forward. So I hope ity but from a sense of basic economic As we speak, we are currently in- for and will support a major increase in well-being. In my view, it is not accept- volved in wars in Iraq and Afghanistan funding to create a substantial number able that the top one-tenth of 1 percent which have cost us not only the lives of of new jobs as we rebuild our infra- earn more income than the bottom 50 thousands and thousands of wonderful structure. percent. It is not acceptable that the young men and women, but they cost In addition—I know President Obama top 1 percent own more wealth than us over $10 billion every single month. has been very strong on this issue, and the bottom 90 percent. The whole issue These wars are also stretching the I agree with him—we need to invest of greed is something that we as a Con- Army and our National Guard to the heavily in energy efficiency. I can tell gress and as a Nation have to be talk- breaking point. My hope is that in the you that in the State of Vermont and, ing about. Do people need billions and next several months we will be devel- again, all over this country but espe- billions and billions of dollars in per- oping policy to bring our troops home cially in cold-weather States, you have sonal wealth when we have children in from Iraq as soon as we possibly can. I older homes where energy is just going this city and all over this country who hope very much that we will have not through the roof—literally going

VerDate Nov 24 2008 03:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JA6.066 S21JAPT1 jbell on PROD1PC69 with SENATE S732 CONGRESSIONAL RECORD — SENATE January 21, 2009 through the roof and the windows—be- The assistant legislative clerk pro- utes; that following morning business, cause of poor insulation. We can create ceeded to call the roll. the Senate resume consideration of S. jobs making our homes, our offices, our Mr. SANDERS. Mr. President, I ask 181, the Lilly Ledbetter Fair Pay Act, schools more energy efficient. unanimous consent that the order for as under the previous order. We need to be extremely aggressive, the quorum call be rescinded. The PRESIDING OFFICER. Without as I mentioned a moment ago, in terms The PRESIDING OFFICER. Without objection, it is so ordered. of public transportation. objection, it is so ordered. Also, right now we are on the cusp of f f major breakthroughs in such renewable PROGRAM technologies as wind, solar, geo- UNANIMOUS CONSENT thermal, and biomass. I suspect that in AGREEMENT—S. 181 Mr. SANDERS. Mr. President, the 20 years, people will see a very dif- Mr. SANDERS. Mr. President, I ask first vote of the day will begin around ferent energy system than we have unanimous consent that when the Sen- 11:30 a.m. That vote will be in relation right now. It will be a cleaner system. ate resumes consideration of S. 181, the to the Hutchison amendment. It will be a system not emitting green- Lilly Ledbetter Fair Pay Act, on f house gases. Thursday, January 22, there be up to 60 There is a lot of work that stands in minutes of debate equally divided be- ADJOURNMENT UNTIL 9:30 A.M. front of us. There was an election in tween Senator HUTCHISON and Senator TOMORROW November where the people said: We MIKULSKI or their designees on the want change. That is what that elec- Mr. SANDERS. Mr. President, if Hutchison amendment No. 25 prior to a tion was all about. Unless we are bold, there is no further business to come be- vote in relation to the amendment; fur- unless we are prepared to take on the fore the Senate, I ask unanimous con- ther, that no amendment be in order to big money interests that have domi- sent that it stand adjourned under the the Hutchison amendment prior to the nated legislation for the last many previous order. vote. years, there will be a great deal of dis- There being no objection, the Senate, The PRESIDING OFFICER. Without appointment all over this country. at 7:49 p.m., adjourned until Thursday, Now is the time. There is a lot of en- objection, it is so ordered. January 22, 2009, at 9:30 a.m. f thusiasm in the work President Obama f has been doing since he has been elect- ORDERS FOR THURSDAY, ed. There is an enormous amount of JANUARY 22, 2009 DISCHARGED NOMINATION hope and confidence in the air that we Mr. SANDERS. Mr. President, I ask The Senate Committee on Foreign can move America in a new direction. I Relations was discharged from further hope that with new national leader- unanimous consent that when the Sen- consideration of the following nomina- ship, with strong grassroots participa- ate completes its business today, it tion by unanimous consent and the tion, with a Congress prepared to stand stand in adjournment until 9:30 a.m., nomination was confirmed: up and take on the powerful special in- Thursday, January 22; that following the prayer and pledge, the Journal of HILLARY RODHAM CLINTON, OF NEW YORK, TO BE SEC- terests that have dominated us for so RETARY OF STATE. many years, we can fulfill the faith the proceedings be approved to date, the American people have expressed in us morning hour be deemed expired, the f in recent years and that, in fact, we time for the two leaders be reserved for can move America in a very different their use later in the day, and there CONFIRMATION direction and become the country all of then be a period for the transaction of Executive nomination confirmed by us know we can become. morning business for up to 1 hour, with the Senate Wednesday, January 21, Mr. President, I suggest the absence Senators permitted to speak for up to 2009: of a quorum. 10 minutes each, with Republicans con- DEPARTMENT OF STATE The PRESIDING OFFICER. The trolling the first 30 minutes and the HILLARY RODHAM CLINTON, OF NEW YORK, TO BE SEC- clerk will call the roll. majority controlling the final 30 min- RETARY OF STATE.

VerDate Nov 24 2008 03:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 9801 E:\CR\FM\G21JA6.067 S21JAPT1 jbell on PROD1PC69 with SENATE January 21, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E111 EXTENSIONS OF REMARKS

RECOGNIZING THE GREECE RO- volunteers provided over 13,605 man hours in community service, as well as environmental TARY CLUB FOR 50 YEARS OF a wide range of activities. and public education efforts. The division re- TREMENDOUS SERVICE TO THE The division’s conservation efforts were re- ceived a $2,500 grant for its volunteer pro- TOWN OF GREECE gram from the Community Foundation of cently honored both regionally and nationally. Tampa Bay. In April 2008, the National Association of Judges ‘‘were amazed . . . to have a pro- HON. CHRISTOPHER JOHN LEE Counties awarded the program with an Act of gram that has that many volunteers,’’ said OF NEW YORK Caring Award for community improvement. Wren Krahl, spokeswoman for the Tampa Additionally, in March 2008, the Tampa Bay Bay Regional Planning Council. ‘‘The other IN THE HOUSE OF REPRESENTATIVES Regional Planning Council recognized the divi- thing they were impressed with is how much Wednesday, January 21, 2009 sion for its community service, as well as envi- they’ve accomplished with the stringent budget that they’ve had.’’ Mr. LEE of New York. Madam Speaker, it is ronmental and public education efforts. Fol- Over two years, as the division’s staff has with great pride that I rise today to commemo- lowing my remarks, I will include for my col- shrank by 14 positions, the volunteers recog- rate the Greece Rotary Club for working for leagues the full story of the volunteer effort as nize that the need for them ‘‘is real, not the betterment of the Greece community for reported by Mariana Minaya of The St. Peters- feigned,’’ Rinker said. The division wants to 50 years. burg Times as well as an editorial from the grow by 10 percent more volunteer hours The Greece Rotary is made up of more than same paper. each year to offset the effects of staff and 100 leaders from the community who volun- Madam Speaker, the spirit of volunteerism budget cuts. and giving back to the community is alive and To keep the ranks full, the division keeps teer their time and resources to help others the red tape to a minimum, said Kristin and advance goodwill. well in Pinellas County, Florida and I am hon- O’Meara, the land division’s volunteer site The Greece Rotary Club has undertaken ored to represent those who make such an in- coordinator. Once a background check many important volunteer projects, including valuable contribution to the protection of Flor- clears, volunteers are open to the wide range giving out more than 1,600 dictionaries to help ida’s natural resources. Their hard work and of activities. They accept anyone age 12 and bolster children’s interest in reading. dedication allows the natural beauty of the up. The impact of the Greece Rotary has been land to be accessible to all visitors and I would Interest appears to be as strong as ever felt throughout the world as well. Last year, ask my colleagues to join with me today in from both young and old. About half the vol- unteers are retired. About 15 percent are the Rotary worked in conjunction with Rotar- recognizing their outstanding achievements under age 18. Some do it for school require- ians in Africa to complete two community serv- and to thank them for a job well done. ments; others have a passion for wildlife and ice projects: donating books to Ethiopia and [From The St. Petersburg Times, July 30, nature. installing clean water systems for elementary 2008] ‘‘How can you resist being able to work in the great outdoors?’’ Rinker said. ‘‘Driving schools in Nigeria. 500 ENVIRONMENTAL GEMS down our driveway is like going back in time Through its numerous good deeds and un- (By Mariana Minaya) selfish acts, the Greece Rotary has made is what I’ve heard from people.’’ Thirty years ago, before development swal- That is the appeal for Bill Brown, 62, of good on Rotary International’s mottos of lowed up swaths of Florida, Pinellas County East Lake, who lived in Groveland as a child, ‘‘Service above self’’ and ‘‘They profit most had the foresight to begin setting aside thou- spending time at his grandmother’s boarding who serve best.’’ Rotary International works to sands of acres of land for environmental pro- house for orange grove workers, living off bring business leaders together for humani- tection. the land. tarian service projects and to build trust, good- Now, a robust corps of volunteers is striv- ‘‘I can remember eating things on the en- will and peace around the world. ing to protect the county’s natural re- dangered species list,’’ Brown said. Thus Madam Speaker, in recognition of 50 sources. The Environmental Lands Division, Volunteering gives Brown the freedom that 30 years of office work as an Army Corps of years of tremendous service to the Town of which manages the county’s preserves and other protected areas, has seen its ranks Engineers spokesman never afforded him. Greece, I ask that this Honorable Body join swell to more than 500 people. It is the fast- ‘‘You don’t have a timetable,’’ he said. me in honoring the Greece Rotary Club. est–growing sector of volunteerism in ‘‘They give us a job to do and then turn us f Pinellas County government. loose, which I kind of like.’’ The division’s conservation efforts were re- On Tuesday mornings, he spends about PINELLAS COUNTY, FLORIDA VOL- cently honored both regionally and nation- four hours with his buddy, Ty Miramonti, 65, UNTEERS HONORED FOR THEIR ally. The volunteers are an ‘‘invaluable re- of Tarpon Springs. As a former Navy man WORK TO PROTECT ENVIRON- source’’ to managing the nearly 16,000 acres and firefighter, Miramonti is the more ad- MENTAL LANDS under the department’s care, said division di- venturous and the more experienced, having rector Dr. H. Bruce Rinker. Without the vol- started in 1993. But once in a while, his wild unteers, the division’s staff of 34 people streak has gotten him literally stuck in the HON. C. W. BILL YOUNG would be seriously disadvantaged. mud, and his partner’s caution adds some OF FLORIDA So far this year, volunteers have provided balance to the team, which has worked to- IN THE HOUSE OF REPRESENTATIVES more than 13,605 man hours, equaling more gether for seven years. than $263,433. These numbers are up from the Together, the pair cruises through the Wednesday, January 21, 2009 1,387 hours of volunteer service in 1998, the Brooker Creek Preserve on a four–wheel Mr. YOUNG of Florida. Madam Speaker, I year the division was founded within the de- drive Ranger, clearing trails with machetes partment of Environmental Management. in hand. It’s hard work for old men, Brown rise today to honor the more than 500 volun- said, but it lets them stop to soak in the sce- teers with the Pinellas County, Florida, Envi- The volunteers care for 30 different eco- systems. They staff educational centers at nery or debate the identities of the critters ronmental Lands Division, which help manage the Brooker Creek and Weedon Island pre- crawling on them when they need a break. and preserve Pinellas County’s natural re- serves, maintain trails and grounds, survey ‘‘It’s the type of thing you think an old sources. These volunteers, whom I have the flora and fauna, perform clerical work, lead man wouldn’t be interested in doing, but it privilege to represent, are a diverse group that hikes and help with research. really is invigorating because you are totally range from the age of 12 on up. The sheer number of volunteers, the hours immersed in the environment,’’ Brown said. These volunteers make a vital contribution of labor they’ve donated, and the variety of ‘‘It really is cathartic to get out there.’’ duties they performed impressed judges of to the county’s environmental protection ef- [From The St. Petersburg Times, Aug. 10, forts, ensuring that all citizens and visitors are two awards programs this year. In April, the National Association of Counties recognized 2008] able to enjoy Florida’s native environment. four counties from about two dozen entrants PRESERVATION REQUIRES VOLUNTEERS They supplement the efforts of the Environ- with an Acts of Caring Award for community Without an army of volunteers, Pinellas mental Land Division’s staff, helping to over- improvement, said spokesman Bill Cramer. County’s environmental lands would become see the nearly 16,000 acres managed by the In March, the Tampa Bay Regional Plan- impenetrable jungles dominated by exotic, division. In the first half of 2008 alone, these ning Council recognized the division for its invasive species.

∑ 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 Nov 24 2008 05:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K21JA8.001 E21JAPT1 smartinez on PROD1PC64 with REMARKS E112 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2009 In no time, these lands that were preserved different regional competitions, as well as local residents alike can enjoy opportunities to so residents could always observe native ‘‘High Musical Performance,’’ ‘‘High General participate in rock climbing, caving, golfing, Florida would look nothing like native Flor- Effect,’’ and the 2008 Colorado Bandmasters cross-county skiing and snowshoeing. ida. Just how large an army is working at the Association Class 3A ‘‘State Marching Band Since its inception, Mohonk Mountain House task was revealed in a recent story in the St. Championship.’’ and its owners, the Smiley family, have been Petersburg Times. Several hundred volun- For President Barack Obama’s inaugural active stewards of the land. In 1963 the teers have been helping the county’s Envi- parade, the WHS Marching Band performed Smileys, working with Mohonk Mountain ronmental Lands Division maintain the al- an original composition by Frank Sullivan enti- House guests, established the non-profit most 16,000 acres for which it is responsible. tled ‘‘The Four Freedoms.’’ This piece is a mu- Mohonk Trust. The goal of this trust was to The sad fact is, even that number of people sical interpretation of President Franklin Roo- protect and manage the land for public use. can scarcely scratch the surface of the work sevelt’s 1941 State of the Union Address to Renamed in 1978 as the Mohonk Preserve, that needs to be done in the county’s pre- the United States Congress. In the ‘‘Four served lands. If more don’t help, the battle the mission of the Smiley family has contin- eventually will be lost. Freedoms’’ address, FDR made the case for ued, and, in fact, sets the standard for moun- It is clear that government will not be able American assistance in World War II by enu- tain stewardship by using science to guide to take up the slack, at least not as it is cur- merating the four universal freedoms worth land management. These efforts have helped rently configured. Because of budget cuts, fighting for: Freedom of Speech, Freedom of to ensure that this remarkable landscape is the staff of the county’s Environmental Want, Freedom of Worship, and Freedom of preserved for generations to come. Lands Division has been reduced by 14 posi- Fear. The state of Colorado and I were privi- Madam Speaker, it gives me great pleasure tions and now numbers only 34. And only a leged to be represented by the Windsor High to recognize the Mohonk Mountain House as handful of those are assigned to full–time maintenance duties in the preserves. School Marching Band at the historic inau- it enters its 140th year as a family owned and The lands division now is hoping to grow guration of our 44th president, and I congratu- operated resort. I am confident that the Smiley its volunteer ranks by 10 percent each year late them on their much deserved success. family will not only continue to be outstanding to offset its staff cuts. All ages are wel- f stewards of the land, but also leaders in the comed—even youths from 12 to 18 can volun- hospitably industry and in the management of teer with parental involvement. A TRIBUTE TO THE MOHONK this National Historic Landmark. A variety of tasks is available to volun- MOUNTAIN HOUSE, A NATIONAL teers, from the hard but essential job of re- HISTORIC LANDMARK f moving invasives such as air potato and Bra- zilian pepper, to leading hikes, doing re- HON. MAURICE D. HINCHEY TARP REFORM AND search and staffing educational centers. ACCOUNTABILITY ACT OF 2009 The problem, of course, with relying so OF NEW YORK heavily on volunteers is that they don’t gen- IN THE HOUSE OF REPRESENTATIVES SPEECH OF erally spend as many hours at the tasks as Wednesday, January 21, 2009 paid employees, and they usually insist on HON. MAZIE K. HIRONO flexibility. Some, like Bill Brown of East Mr. HINCHEY. Madam Speaker, I rise today OF HAWAII Lake, can offer a half–day every week to the to pay tribute to the Mohonk Mountain House, effort. Few spend as many hours as Reggie a National Historic Landmark located in Ulster IN THE HOUSE OF REPRESENTATIVES Hall, a volunteer who devotes much of his County, New York, which is part of the 22nd Thursday, January 15, 2009 life to maintaining the Ozona Preserve in Congressional District that I proudly serve. North Pinellas. The House in Committee of the Whole The combined effort of all those environ- This year marks the 140th anniversary of the House on the State of the Union had under mental volunteers led to recent recognition founding of the Mohonk Mountain House, and consideration the bill (H.R. 384) to reform for the program from the National Associa- I am delighted to have the opportunity to rec- the Troubled Assets Relief Program of the tion of Counties and the Tampa Bay Re- ognize the resort’s rich historical heritage, con- Secretary of the Treasury and ensure ac- gional Planning Council. tinued vitality, and its many important contribu- countability under such Program, and for The role of volunteers will be even more tions to our local community. other purposes: important in the next few years, as budgets Founded as a modest retreat in 1869 by Al- Ms. HIRONO. Mr. Chair, I rise in support of continue to tighten and the pressure on bert Smiley with his purchase of 280 acres of H.R. 384, the Troubled Assets Relief Program, Pinellas environmental lands grows. If you TARP, Reform and Accountability Act. are over 12, and you have a few hours to land and a 10–room tavern, the Mohonk spare helping to preserve these precious open Mountain House has grown into a world re- Since this capital purchase program, TARP, spaces, consider signing up as an environ- nowned resort with over 2,200 acres and 265 was implemented, billions of dollars in tax- mental lands volunteer. guest rooms. Adding to the splendor of this payer money have been disbursed to institu- f mountaintop resort are an array of award–win- tions with little to no accountability or oversight ning amenities including a state-of-the-art, over these funds. A congressional oversight HONORING THE WINDSOR HIGH eco-friendly spa, an outdoor ice-skating pavil- panel for TARP funding recently concluded SCHOOL MARCHING BAND FOR ion, and a warm and welcoming professional that the Treasury Department essentially does THEIR PERFORMANCE IN THE staff. The Mohonk Mountain House is also ac- not know how TARP fund recipients are uti- 56TH INAUGURAL PARADE claimed for its many charming attributes such lizing these funds, and a report released last as the numerous and stately wood-burning month by the U.S. Government Accountability HON. BETSY MARKEY fireplaces, balconies with glorious views and Office urged TARP administrators to improve OF COLORADO the 19th Century tradition of afternoon tea. the program’s internal controls to better mon- IN THE HOUSE OF REPRESENTATIVES Also, during a stay at the Mountain House, itor how the funds are being spent. guests can get a glimpse of the resort’s his- H.R. 384 amends the TARP provisions of Wednesday, January 21, 2009 toric past in the enhanced museum located in the Emergency Economic Stabilization Act of Ms. MARKEY of Colorado. Madam Speaker, the National Historic Landmark Barn. 2008 to strengthen accountability, close loop- I rise today to honor and congratulate the Not surprisingly, some of the most remark- holes, and increase transparency of the ad- Windsor High School Marching Band for being able attributes of this Victorian castle retreat ministration of this program. This bill requires selected to march in President Barack are not inside the resort but surrounding it. any existing or future institution that receives Obama’s inauguration parade. The Mountain House is situated at the heart of TARP funding to provide quarterly public re- In May of 2008, a mile wide tornado cut a a 26,000-acre natural area which is comprised porting on its use of the funding and stipulates 35 mile path through northern Colorado. The of private preserves, a state park preserve that the Treasury Department administer a tornado resulted in one death and displaced and the resort property, all within the majestic public database that includes the reporting, hundreds of residents in the Windsor commu- Shawangunk Mountain range. Equally beau- data collection, and analysis of use of TARP nity. It would be easy to focus on the tragedy tiful during all four seasons, this extraordinary funds. of the Windsor tornado when acknowledging landscape affords resort guests the oppor- Last week the House voted unanimously to the successes of the Windsor High School tunity to swim in a glacial lake, horseback ride require our committees to hold periodic hear- Marching Band, but to do so would overlook on miles of natural trails, enjoy the bountiful ings on waste, fraud, and abuse in Govern- the extraordinary achievements of the band gardens and hike the many and varied trails, ment programs. As a cosponsor of this bill, H. under any circumstance. In 2008, the WHS both on the resort property and throughout the Res. 40, I believe that Congress has an obli- Marching Band won division first place in three surrounding preserves. In addition, guests and gation to restore accountability and oversight

VerDate Nov 24 2008 05:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K21JA8.002 E21JAPT1 smartinez on PROD1PC64 with REMARKS January 21, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E113 to government. H.R. 384, the TARP Reform A TRIBUTE TO BISHOP JOHN J. Today, we have the opportunity to erase and Accountability Act, is also critical to restor- McRAITH that awful dilemma for the working mothers ing the American people’s faith in our Govern- and fathers of more than 4 million children, in- ment and takes us one step closer to getting HON. BRETT GUTHRIE cluding tens of thousands in my home State of our country back on track. OF KENTUCKY Kentucky, by extending the State Children’s Importantly, H.R. 384 requires that a certain IN THE HOUSE OF REPRESENTATIVES Health Insurance Program. By supporting the SCHIP expansion we help guarantee the in- amount of TARP funding be committed to Wednesday, January 21, 2009 foreclosure mitigation and stipulates that the alienable rights of America’s children to sur- Mr. GUTHRIE. Madam Speaker, I rise today Treasury Secretary develop a comprehensive vive, thrive, and grow up to become healthy to honor Bishop John J. McRaith for his faith- adults. plan to prevent and mitigate foreclosures on ful service to the Catholic Diocese of By expanding SCHIP we can prevent the fu- residential mortgages. This legislation also es- Owensboro, Kentucky. He has served the ture health problems of our youngest genera- tablishes a program to stimulate demand for church and his community with distinction for tion so that they never grow up to be burdens home purchases and clear inventory of prop- over 26 years. Bishop McRaith, the third on the system. It makes economic sense, but erties so that qualified home buyers can pur- bishop of Owensboro, resigned from his posi- more importantly, it is our moral obligation. I chase homes at affordable mortgage rates. tion on January 5, 2009. urge my colleagues to join me in supporting We cannot move quickly enough to provide Bishop McRaith graduated from St. John’s this important legislation, as we fight to ensure assistance to homeowners across the country. Prep School in Collegeville, Minnesota, and that a sick child in this great Nation never has I urge my colleagues to vote for H.R. 384. Loras College in Dubuque, Iowa. Then, he to go without care. graduated from the School of Theology, St. f f Bernard Seminary, Dubuque, Iowa, in 1960 and was subsequently ordained a priest of the HONORING MICHAEL TOLLEFSON RECOGNIZING DR. JOHN B. WEBB’S Diocese of New Ulm, Minnesota, on February 90TH BIRTHDAY 21, 1960. HON. GEORGE RADANOVICH Bishop McRaith began serving the Diocese OF CALIFORNIA of Owensboro on December 15, 1982. The di- IN THE HOUSE OF REPRESENTATIVES HON. JEFF MILLER ocese encompasses 32 counties and covers Wednesday, January 21, 2009 OF FLORIDA approximately 12,500 square miles. It includes 79 parishes, three high schools, two middle Mr. RADANOVICH. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES schools, and 13 elementary schools. In a tes- today to congratulate Michael Tollefson upon tament to Bishop McRaith’s dedication, he his retirement as the Superintendent of Yo- Wednesday, January 21, 2009 would typically log more than 25,000 miles a semite National Park. After thirty-six years with the National Park Service, Superintendent Mr. MILLER of Florida. Madam Speaker, I year traveling across the diocese. Tollefson will be honored on Saturday, Janu- rise today in recognition of a lifetime of service Known for his humble spirit, Bishop McRaith ary 17, 2009 at a party to be held at Curry Vil- and community involvement from Dr. John B. is quick to credit others with the successes lage Pavilion, in Yosemite National Park. Webb, who, on January 24, 2009, celebrates over the last 27 years, including one of the Michael Tollefson was raised in Seattle, his 90th birthday. highest church attendance rates in the Nation. Last week he said, ‘‘The good things that have Washington and graduated from the University The past 90 years have seen many happened while I was here, many, many peo- of Washington in 1970 with a Bachelor of Arts changes in Dr. Webb’s life, most of which was ple made them happen.’’ degree in marketing and finance. He later re- spent practicing veterinary medicine. After Beyond his service to the Catholic Church turned to graduate school to study park man- graduating from Auburn University in 1957, Dr. of Western Kentucky, Bishop McRaith serves agement. As a young adult he served in the Webb returned to his hometown in Pensacola, the community as a board member for Brescia United States Army Reserves for eight years, Florida, to begin his own practice. When he University, the Daniel Pitino Center, the attaining the rank of Captain. His introduction opened his first clinic, Dr. Webb was the fifth McAuley Free Clinic in Owensboro, and into the National Park Service began early in veterinarian to begin practicing in Escambia Lourdes Hospital Foundation in Paducah. his career. Mr. Tollefson served as the Chief County, Florida, and the 575th to begin prac- Bishop McRaith’s devotion is an example for of Interpretation at Virgin Islands National ticing in the state of Florida. Today, Dr. Webb all Kentuckians to follow. I thank Bishop Park. He also spent time as the Chief of Oper- serves as one of the oldest licensed veterinar- McRaith for his many years of service and ations at Lake Clark National Park and Pre- ians in Escambia County. commitment to western Kentucky. serve, as a District Ranger at Denali National Over the years Dr. Webb has received nu- f Park and Park Ranger at Katmai National merous awards for his ongoing role in the Park all in Alaska. His time in Alaska provided northwest Florida community. He served 15 CHILDREN’S HEALTH INSURANCE unique challenges in dealing with Alaskan years on the Escambia County Board of Direc- PROGRAM REAUTHORIZATION brown bears, fragile coral reefs and endan- tors for the Florida Farm Bureau as well as 25 ACT OF 2009 gered humpback whales. He officially began years on the board of trustees for the Langley his National Park Service career as a sea- SPEECH OF Bell 4–H Center. He is also a past president sonal ranger at North Cascades National Park of the Escambia County Extension Council as HON. JOHN A. YARMUTH in 1972. well as the Pensacola Interstate Fair. OF KENTUCKY In 1983, Mr. Tollefson attained his first IN THE HOUSE OF REPRESENTATIVES superintendency position at Glacier Bay Na- I have had the pleasure of knowing Dr. tional Park and Preserve in Alaska. He man- Webb for many years now and I am honored Wednesday, January 14, 2009 aged the 3.3 million acre park for four years. to call him a friend. A strong supporter of con- Mr. YARMUTH. Madam Speaker, Modern While there, he implemented regulations guid- servative principles and values, Dr. Webb has medicine can prevent an inconvenient infec- ing cruise ship operations in the park for the always offered his support and friendship to tion from ballooning into a debilitating illness protection of the Humpback Whales. After four Vicki and me. As he celebrates his 90th birth- with a relatively simple physician’s visit and years, he became the Associate Regional Di- day, I have much to thank him for from our subsequent treatment. And here in America, rector for Operations in the National Park years of friendship. with the best medical practices and practi- Service’s former Pacific Northwest Region. He For many years to come, the northwest tioners in the history of the world, we have the was stationed in Seattle and provided support Florida community will continue to benefit from capabilities to keep our Nation’s children for all aspects of operations to the twenty na- the lasting impression made by Dr. Webb, healthy and their futures bright. tional park units in Washington, Oregon and whose involvement in the community has ex- But we aren’t doing it. Idaho. panded opportunities to the surrounding area. Up to now, we’ve chosen not to guarantee In 1995, Superintendent Tollefson moved to Madam Speaker, on behalf of the United the health of our children, instead forcing upon Sequoia and Kings Canyon National Parks in States Congress, I am proud to recognize Dr. millions of parents the difficult choice of seek- California’s Southern Sierra Nevada. During John B. Webb upon his 90th birthday and for ing treatment for an ailing child or buying food. his tenure, he was responsible for guiding the his exemplary service in the First District of Making that potentially life-saving doctor’s visit restoration of over two hundred acres in the Florida. or keeping the lights on. Giant Forest Sequoia Grove to protect the

VerDate Nov 24 2008 05:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.001 E21JAPT1 smartinez on PROD1PC64 with REMARKS E114 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2009 world’s largest organism, the Giant Sequoia when printer O.G. Chase arrived by riverboat of living, the Herald Dispatch’s corps of em- Tree. The project involved the removal of over and soon was publishing the young city’s first ployees has kept the interest and needs of its two hundred buildings, and the development newspaper. Known as The Independent, neighbors foremost in their writing, coverage of a new hotel complex built outside the grove Chase’s publication merged in 1875 with the and opining. to replace the visitor facilities. After completing Cabell Press to form a new publication called On this, its 100th anniversary, I extend my the project, he then served as superintendent the Weekly Advertiser. When it later became hearty congratulations to The Herald-Dispatch. of Great Smoky Mountains National Park, the a daily paper, the name was shortened to The May it continue to inform and entertain its largest federally protected mountain eco- Advertiser. thousands of readers for many, many years to system in the Eastern United States, spanning A rival daily, The Huntington Herald, was come. between Tennessee and North Carolina. The launched in 1890. Three years later, in 1893, f primary issues emphasized during his tenure printer Joseph Harvey Long, arrived in Hun- TARP REFORM AND included air quality, traffic congestion, edu- tington determined to purchase The Hun- ACCOUNTABILITY ACT OF 2009 cational programs and scientific studies. tington Herald, which he did—paying $100 In January 2003, Superintendent Tollefson down and pledging to pay a balance of SPEECH OF made his way to Yosemite National Park as $1,700. Long published The Herald for only 18 Superintendent. Over the past six years he months before selling it and purchasing The HON. BOB ETHERIDGE OF NORTH CAROLINA has worked tirelessly to guide a major con- Advertiser. IN THE HOUSE OF REPRESENTATIVES struction program to repair the old infrastruc- Floyd S. Chapman, a future several-term ture, improve visitor services, provide in- mayor of Huntington, was first the city editor of Thursday, January 15, 2009 creased resource protection and expand gate- The Advertiser, then editor of The Herald. In The House in Committee of the Whole way partnerships and outreach educational 1904, he left to begin his own newspaper, The House on the State of the Union had under programs. Some of the projects that have Huntington Dispatch. In 1909, The Herald and consideration the bill (H.R. 384) to reform been completed under Supervisor Tollefson in- The Dispatch merged to become The Herald- the Troubled Assets Relief Program of the Secretary of the Treasury and ensure ac- clude new viewing facilities at the foot of Yo- Dispatch. countability under such Program, and for semite Falls, improvements to landmark areas Flash forward two decades and another his- other purposes: toric merger occurred in 1927 when The Ad- such as the famous view spots near the Mr. ETHERIDGE. Mr. Chair, I rise in support vertiser and The Herald-Dispatch merged to Wawona Tunnel and at Olmsted Point on the of H.R. 384, TARP Reform and Accountability form the Huntington Publishing Co., with J.H. Tioga Road, overhauling the valley visitor cen- Act of 2009. This bill makes critical adjust- Long as president. Known to one and all by ter, and replacing a fleet of diesel buses with ments to the Troubled Assets Relief Program, his honorary title of ‘‘Colonel,’’ Long would go hybrid busses. With the assistance of the Yo- TARP. semite Fund, the Superintendent has been on to become the undisputed dean of West On October 3rd of last year, I voted in favor able to complete a $13.5 million restoration of Virginia newspapermen. of the Emergency Economic Stabilization Act the approach to Yosemite Falls, a $1.5 million The staff of The Herald-Dispatch moved into in response to the continued economic turmoil restoration of Olmsted Point and a $13.5 mil- The Advertiser’s handsome new building on across the country. This bill created the TARP lion campaign to improve trails in Yosemite the corner of Fifth Avenue and Tenth Street, initiative to address many of the ills plaguing Valley, Mariposa Grove of Redwoods and in but the two staffs remained separate and high- our economy. However, like many Americans, the backcountry. Most recently the $3.2 million ly competitive. The building’s presses pub- I have been disappointed in how the adminis- Tunnel View Restoration Project was com- lished The Advertiser each afternoon, The tration has managed this initiative. H.R. 384 pleted. Herald-Dispatch each morning and a com- addresses these concerns by closing loop- Madam Speaker, I rise today to commend bined edition, The Herald-Advertiser, on Sun- holes, increasing transparency, and strength- and congratulate Superintendent Michael days. ening accountability in the TARP. H.R. 384 Tollefson upon his retirement from Yosemite Over the years, Colonel Long not only made strengthens executive compensation restric- National Park. I invite my colleagues to join The Advertiser and The Herald-Dispatch the tions against ‘‘golden parachutes’’ for retiring me in wishing Superintendent Tollefson many region’s leading newspapers, he and his sons executives and prohibits bonuses for the 25 years of continued success. also branched out into broadcasting. In 1923, highest paid employees of a company receiv- f the company purchased WSAZ Radio and in ing TARP funds. This bill also adds new 1949 founded WSAZ–TV, one of the Nation’s strengthened reporting requirements for com- REMARKS HONORING THE 100TH first television stations. panies to detail their planning and use of ANNIVERSARY OF THE HERALD- Colonel Long died in 1958 at age 95. TARP funds. DISPATCH In 1971, the Gannett Co., one of the Na- While we must continue to work to revive tion’s largest newspaper chains, purchased the credit market for consumers, TARP funds HON. NICK J. RAHALL II the Huntington Publishing Co. newspapers. also need to be targeted to the thousands of OF WEST VIRGINIA Under Gannett, the newsroom’s typewriters American families facing the prospect of home IN THE HOUSE OF REPRESENTATIVES gave way to computer terminals, and the noisy foreclosure. I am pleased that H.R. 384 man- Linotype machines that once spit out lines of Wednesday, January 21, 2009 dates that the Treasury Department use up to hot metal type were consigned to the junk- $100 billion of the TARP funding to develop a Mr. RAHALL. Madam Speaker, Thomas Jef- yard. foreclosure mitigation plan. In addition, H.R. ferson famously observed that were it left up In 1979, The Advertiser became one of 384 includes provisions that lower premiums to him ‘‘to decide whether we should have a many afternoon newspapers to cease publica- for consumers that are taking part in the Hope government without newspapers or news- tion, a victim of changing tastes on the part of for Homeowners initiative, as well as provi- papers without a government,’’ he would ‘‘not readers who now prefer morning newspapers. sions that will direct the Treasury Department hesitate a moment to prefer the latter.’’ At the same time, the Sunday Herald-Adver- to ensure the availability of affordable mort- Fortunately, Americans have never been tiser nameplate was retired and The Herald- gage rates for qualified home buyers. These forced to make that choice. Jefferson and his Dispatch became a seven-day-a-week publica- changes benefit the hundreds of thousands of fellow Founding Fathers bequeathed us a tion. Many long-time staffers on The Adver- Americans who are facing foreclosure, as well democratic government that has made us the tiser moved over to The Herald-Dispatch. as stimulating the home buying industry and envy of the world. And, at the same time, the Gannett published The Herald-Dispatch for benefiting our struggling economy. Finally, this Nation’s free press has shown itself fully wor- 36 years, until May of 2007 when the com- bill increases confidence in the financial indus- thy of the confidence Jefferson voiced in it. pany sold it to another national chain, Gate- try by permanently providing Federal deposit This year, a great newspaper in my native house Media. A month later, Gatehouse in insurance for deposits up to $250,000. West Virginia, The Herald-Dispatch, marks a turn sold the newspaper to a Huntington com- The provisions of H.R. 384 help ensure that major milestone in its long and distinguished pany, Champion Printing, thus returning it to the TARP will be better used to address the history—its 100th anniversary—and I am local ownership. needs of millions of Americans who are strug- proud to offer this salute to it. And indeed, the heart and spirit of Amer- gling to get credit from lenders, hold on to The Herald-Dispatch published its first issue ica’s free press, from the beginning, have their savings, and avoid home foreclosures. I in Huntington on January 17, 1909. been individuals dedicated to keeping the pub- support H.R. 384, TARP Reform and Account- The newspaper’s roots actually stretch back lic informed, communities educated, and dis- ability Act of 2009, and I urge my colleagues to 1871, the very year of Huntington’s birth, course alive and well. Throughout its century to join me in voting for its passage.

VerDate Nov 24 2008 05:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A21JA8.005 E21JAPT1 smartinez on PROD1PC64 with REMARKS January 21, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E115 HONORING VENTURA COUNTY ECO- Ruth, I want to thank you and your family American economy. Small businesses account NOMIC DEVELOPMENT ASSOCIA- for sharing T.D. with all of us, who will always for 95 percent of all employers, create half of TION 60TH ANNIVERSARY be part of our family. our gross domestic product, and provide three I thank God for giving us the blessing of out of four new jobs in this country. Small HON. LOIS CAPPS T.D. and pray that He will give you strength business growth means economic growth for OF CALIFORNIA and comfort in the years and days ahead. the Nation. We cannot stabilize and revitalize IN THE HOUSE OF REPRESENTATIVES f our economy without ensuring the inclusion and participation of the small business seg- Wednesday, January 21, 2009 TARP REFORM AND ment of our economy. With the ever wors- Mrs. CAPPS. Madam Speaker, today I rise ACCOUNTABILITY ACT OF 2009 ening economic crisis, we must ensure in this legislation that small and minority businesses to honor the 60th anniversary of the Ventura SPEECH OF County Economic Development Association, and community banks are afforded an oppor- VCEDA. HON. SHEILA JACKSON-LEE tunity to benefit from this important legislation. In the past two decades, VCEDA has been OF TEXAS I am very pleased that the Manager’s amend- actively involved in a myriad of projects aimed IN THE HOUSE OF REPRESENTATIVES ment will affect this change. at maintaining the economic vitality of the Wednesday, January 14, 2009 In Section 107, the Manager’s amendment county, including BRAC ’95 and ’05 to protect creates an Office of Minority and Women In- our military bases; mediating air quality issues Ms. JACKSON-LEE of Texas. Madam clusion, which will be responsible for devel- to resolve differences and prevent costly court Speaker, I rise today in strong support of H.R. oping and implementing standards and proce- battles; working with schools, businesses and 384, the Troubled Assets Relief Program dures to ensure the inclusion and utilization of corporate executives to determine needs for a (TARP) Reform and Accountability Act of minority and women-owned businesses. skilled trained workforce; and working with 2009. This bill will amend the TARP provisions These businesses will include financial institu- local governments to remove unwarranted ob- of the Emergency Economic Stabilization Act tions, investment banking firms, mortgage stacles to the growth of business and industry. of 2008, EESA, to strengthen accountability, banking firms, broker-dealers, accountants, VCEDA has played an important role in close loopholes, increase transparency, and and consultants. bringing and continuing to support Channel Is- most importantly, require the Treasury Depart- Furthermore, the inclusion of these busi- lands State University in Ventura County. And ment to take significant steps on foreclosure nesses should be at all levels, including pro- it has set a goal of working with all educators mitigation. curement, insurance, and all types of contracts at all levels to ensure that the upcoming work- Madam Speaker, I was particularly pleased such as the issuance or guarantee of debt, force is ready to meet the needs of business to work with Chairman FRANK and his staff on equity, or mortgage-related securities. This of- in the 21st century. significant portions of the Manager’s amend- fice will also be responsible for diversity in the Most recently, VCEDA has been recognized ment to this legislation which ensures that management, employment, and business ac- as ‘‘The Champion of Job Growth’’ by the small and minority businesses along with tivities of the TARP, including the manage- Workforce Investment Board of Ventura Coun- local, community, and private banks gain fair ment of mortgage and securities portfolios, ty, ‘‘The Small Business Advocate’’ by the Pa- and equitable access to the TARP funds. making of equity investments, the sale and cific Coast Business Times and received ‘‘The It’s been 3 months since the Treasury start- servicing of mortgage loans, and the imple- Distinguished Business Leader Award’’ by the ed disbursing TARP funds. Just in time per- mentation its affordable housing programs and Ventura County Leadership Academy. haps for a lot of big banks, however smaller initiatives. I commend VCEDA for its outstanding lead- banks have been locked out so far. A lot of Section 107 also calls for the Secretary of ership and commitment in serving the needs small banks certainly are in need of relief as the Treasury to report to Congress in 180 of its members and the surrounding commu- the real estate crisis continues to unfold and days detailed information describing the ac- nity. hundreds have already applied. tions taken by the Office of Minority and According to recent reports, the Treasury f Women Inclusion, which will include a state- Department has yet to issue ‘‘the necessary ment of the total amounts provided under HONORING THE LIFE OF T.D. guidelines for about 3,000 additional private TARP to small, minority, and women-owned STEINKE banks. Most of them are set up as partner- businesses. The Manager’s amendment in ships, with no more than 100 shareholders. Section 404 also has clarifying language en- HON. CHET EDWARDS They are not able to issue preferred shares to suring that the Secretary has authority to sup- OF TEXAS the government in exchange for capital injec- port the availability of small business loans IN THE HOUSE OF REPRESENTATIVES tions, as other banks can.’’ While Treasury of- and loans to minority and disadvantaged busi- ficials state they are ‘‘working on a solution,’’ nesses. Wednesday, January 21, 2009 for these private banks time is of the essence. This will be critical to ensuring that small Mr. EDWARDS of Texas. Madam Speaker, The Treasury Department has handed out and minority businesses have access to loans, I rise today to honor the memory of T.D. more than $155 billion to 77 banks. Of that financing, and purchase of asset-backed secu- Steinke. sum, $115 billion has gone to the eight largest rities directly through the Treasury Department I will deeply miss our friend. T.D. Steinke. It banks. Community banks hold 11 percent of or the Federal Reserve. has been a blessing in my life to have had the industry’s total assets and play a vital role H.R. 384 reforms TARP by increasing over- T.D. as a friend for 26 years. in small business and agriculture lending. sight, reporting, monitoring and accountability. T.D. always stood up for the dignity of aver- Community banks provide 29 percent of small It requires any existing or future institution that age working families. In doing so, he inspired commercial and industrial loans, 40 percent of receives funding under TARP to provide no me and so many others to remember the peo- small commercial real estate loans and 77 less than quarterly public reporting on its use ple who are the heart and soul of our Nation’s percent of small agricultural production loans. of TARP funding. Any insured depository insti- economy and our values. This Manager’s amendment requires that tution that receives funding under TARP is re- I guess it’s a surprise to no one that T.D. the Treasury Department act promptly to per- quired to report quarterly on the amount of was a Democrat’s Democrat. mit smaller community financial institutions any increased lending (or reduction in de- That is why my prayer today is that St. and specifically private banks that have been crease of lending) and related activity attrib- Peter is not a Republican. However, if I am shut out so far in participating on the same utable to such financial assistance. wrong, I have no doubt that T.D. is working to terms as the large financial institutions that In connection with any new receipt of TARP convert him. have already received funds. funds, Treasury is also required to reach an As I listened to President Obama’s inau- This is a major change for millions of Ameri- agreement with the institution, and its primary gural address yesterday, I couldn’t help but cans who bank in private banks and who de- Federal regulator on how the funds are to be think about T.D. and how much he would have serve the same access to needed capital. used and benchmarks the institution is re- savored a Democrat being sworn in as our Small businesses are the backbone of our Na- quired to meet so as to advance the purposes new president. tion, and unfortunately, they have not been af- of the Act to strengthen the soundness of the Then, as I looked out at the crowds of over forded the opportunity that large financial insti- financial system and the availability of credit to 2 million people, I realized that T.D. had just tutions have received to TARP funds and the economy. In addition, a recipient institu- decided he would rather watch the inaugura- loans. Small businesses represent more than tion’s primary Federal regulator must specifi- tion from a better place. the American dream—they represent the cally examine use of funds and compliance

VerDate Nov 24 2008 05:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.008 E21JAPT1 smartinez on PROD1PC64 with REMARKS E116 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2009 with any program requirements, including ex- A safe harbor from liability is provided to Under this provision, Treasury has to make ecutive compensation and any specific agree- servicers who engage in loan modifications, affordable rates available under this program ment terms. regardless of any provisions in a servicing available in connection with Hope for Home- Madam Speaker, I am pleased that this leg- agreement, so long as the servicer acts in a owner refinancing program. islation has strong requirements regarding ex- manner consistent with the duty established in This legislation will give a permanent in- ecutive compensation. For any new receipt of the Homeowner Emergency Relief Act, maxi- crease in FDIC and NCUA Deposit Insurance TARP funds (except those by small financial mize the net present value, NPV, of pooled Limits, it makes permanent the increase in de- institutions), this legislation applies the most mortgages to all investors as a whole; engage posit insurance coverage for banks and credit stringent non-tax executive compensation re- in loan modifications for mortgages that are in unions to $250,000, which was enacted tem- strictions from EESA across the board includ- default or for which default is reasonably fore- porarily as part of the Emergency Economic ing: seeable; the property is owner-occupied; the Stabilization Act and is scheduled to sunset on 1. Requiring Treasury to prohibit incentives anticipated recovery on the mod would ex- December 31, 2009, and includes an inflation that encourage excessive risks, ceed, on an NPV basis, the anticipated recov- adjustment provision for future coverage. 2. Providing for claw-back of compensation ery through foreclosure. Finally, I applaud Chairman FRANK and the received based on materially inaccurate state- This bill requires persons who bring suit un- Committee on Financial Services for their hard ments; and successfully against servicers for engaging in work on this important piece of legislation. In this economic climate it is critical for us to re- 3. Prohibits all golden parachute payment loan modifications under the Act to pay the for the duration of the investment. member that while we need to assist our fi- servicers’ court costs and legal fees. It also re- Included in this legislation is a requirement nancial institutions, we cannot do this without quires Servicers who modify loans under the of government board representation by author- implementing reforms to protect Americans’ safe harbor to regularly report to the Treasury izing Treasury to have an observer at board or hard-earned money. board committee meetings of recipient institu- on the extent, scope and results of the Madam Speaker, I strongly urge my col- tions. This legislation changes to structure and servicer’s modification activities. leagues to join me in support of this important In addition to the above requirements, an authority of TARP board—the Financial Sta- legislation. Oversight Panel is required to report to Con- bility Oversight Board is expanded to include f gress by July 1 on the actions taken by Treas- the chairman of the FDIC and two additional ury on foreclosure mitigation and the impact HONORING DR. LUIS CONTE- members who are not currently Federal em- and effectiveness of the actions in minimizing AGUERO ployees, who shall be appointed by the Presi- foreclosures and minimizing costs to the tax- dent and subject to Senate confirmation. The payers. board will have the authority to overturn policy HON. ILEANA ROS-LEHTINEN H.R. 384 clarifies and confirms Treasury au- OF FLORIDA decisions of the Treasury Secretary by a 2⁄3 thorization to provide assistance to automobile vote. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, the Act provides that the manufacturers under the TARP. With respect Wednesday, January 21, 2009 to the assistance already provided to the do- second $350 billion is conditioned on the use Ms. ROS-LEHTINEN. Madam Speaker, I of up to $100 billion, but no less than $40 bil- mestic automobile industry, includes condi- tions of the House auto bill, including long- would like to take this opportunity to recognize lion, for foreclosure mitigation, with plan re- the life and work of Dr. Luis Conte-Aguero quired by March 15, 2009. By that date, the term restructuring requirements. There is further clarification on: who has devoted himself to fighting com- Secretary shall develop, subject to TARP munism in Cuba and spreading democracy Board approval, a comprehensive plan to pre- Treasury’s authority to provide support to the financing arms of automakers for financing throughout the entirety of Latin America. vent and mitigate foreclosures on residential While Dr. Luis Conte-Aguero is not a native- activities is clarified to ensure that they can mortgages. The Secretary shall begin commit- born American, he has served as a shining continue to provide needed credit, including ting TARP funds to implement the plan no example of patriotism for all in our community. through dealer and other financing of con- later than April 1, 2009. The Secretary must Since his arrival to the U.S. in 1960, he has sumer and business auto and other vehicle certify to Congress by May 15, 2009, if he has worked tirelessly for freedom and democracy loans and dealer floor loans. not committed more than the required min- around the globe. imum $40 billion. Treasury’s authority to establish facilities to As a young philosophy student at the Uni- The foreclosure mitigation plans must apply support the availability of consumer loans, versity of Havana, Dr. Conte-Aguero be- only to owner-occupied residences and shall such as student loans, and auto and other ve- friended another student named Fidel Castro. leverage private capital to the maximum extent hicle loans. Such support may include the pur- However, after the fall of President Fulgencio possible consistent with maximizing prevention chase of asset-backed securities, directly or Batista, Castro revealed his true intentions for of foreclosures. Treasury must use some com- through the Federal Reserve. Cuba. Dr. Conte-Aguero vehemently fought bination of the following program alternatives: Treasury’s authority to provide support for Castro in hopes of preventing Cuba from be- 1. Guarantee program for qualifying loan commercial real estate loans and mortgage- coming a communist state. modifications under a systematic plan, which backed securities. In 1960, Dr. Conte-Aguero was forced to may be delegated to the FDIC or other con- Treasury’s authority to provide support to flee Cuba, leaving his home and everything tractor issuers of municipal securities, including that he knew and loved. He took with him nine 2. Bringing costs of Hope for Homeowner through the direct purchase of municipal secu- handwritten notes in his pocket which Fidel loans down (beyond mandatory changes in rities or the provision of credit enhancements Castro wrote him while in prison in the 1950’s. Title V below), either through coverage of in connection with any Federal Reserve facility The Prison Letters of Fidel Castro has since fees, purchasing H4H mortgages to ensure af- to finance the purchase of municipal securi- served as a platform from which Dr. Conte- fordable rates, or both ties. Aguero could expose the atrocities committed 3. Program for loans to pay down second In addition, more reforms are enunciated for by Castro to the world. lien mortgages that are impeding a loan modi- Homeowners in Title V. The Home Buyer The Prison Letters of Fidel Castro was only fication subject to any writedown by existing Stimulus provisions require Treasury to de- the beginning for this storied and well cele- lender Treasury may require velop a program, outside of the TARP, to stim- brated poet whose honors are numerous, mer- 4. Servicer incentives/assistance—payments ulate demand for home purchases and clear itorious, and well-deserved. The Dominican to servicers in connection with implementation inventory of properties, including through en- Republic has honored him as ‘‘The Highest of qualifying loan modifications suring the availability of affordable mortgage Voice in America’’; in Uruguay, he was se- 5. Purchase of whole loans for the purpose rates for qualified home buyers. lected by delegates from 14 nations to be the of modifying or refinancing the loans (with au- In developing such a program Treasury may President of Alliance for Freedom; and his thorization to delegate to FDIC) take into consideration impact on areas with contributions to the Dominican Republic and In consultation with the FDIC and HUD and the highest inventories of foreclosed prop- its quest for freedom were recognized by the with the approval of the board, Treasury may erties. The programs will be executed through country’s armed forces in 1965 when he was determine that modifications to an initial plan the purchase of mortgages and MBS using awarded the title of ‘‘Continental Leader and are necessary to achieve the purposes of this funding under HERA. Treasury will provide Standard Bearer of Democracy in America.’’ act or that modifications to component pro- mechanisms to ensure availability of such re- I pray that many more in America and grams of the plan are necessary to maximize duced rate loans through financial institutions around the world will choose to follow the ex- prevention of foreclosure and minimize costs that act as either originators or as portfolio ample of Dr. Luis Conte-Aguero. It is a bless- to the taxpayers. lenders. ing that the elegance of his pen will preserve

VerDate Nov 24 2008 05:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.010 E21JAPT1 smartinez on PROD1PC64 with REMARKS January 21, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E117 his legacy for future generations so that they bank that is foreclosing on their home. The his allies apparently decided they could not may also choose to expose the crimes of ty- first $350 billion is gone with very little to show risk letting Ms. Ebadi continue the work she rants and fight for the freedom of all people. for it. I would prefer that Congress go back to has done with distinction (and without pay) for the past 15 years—exposing government Thank you, Dr. Conte-Aguero. the drawing board and develop a comprehen- violations of human rights and defending f sive program to save people’s houses without human rights and democracy activists. rewarding the institutions that made bad loans. No doubt the authorities were unhappy TARP REFORM AND In the absence of such action, I support H.R. with a report produced by her center that ACCOUNTABILITY ACT OF 2009 384, because we must ensure that at least was cited recently by the United Nations’ some of the second $350 billion of taxpayer secretary general, Ban Ki-moon, when the SPEECH OF dollars goes to help people stay in their General Assembly approved a nonbinding homes and weather this recession. resolution condemning Iran’s human rights HON. FORTNEY PETE STARK record. But we suspect their ambitions go far OF CALIFORNIA f beyond trying to suppress one report. They IN THE HOUSE OF REPRESENTATIVES AMERICA MUST STAND WITH are clearly hoping to intimidate Ms. Ebadi and all other independent voices in Iran. Thursday, January 15, 2009 HUMAN RIGHTS DEFENDERS That must not be allowed to happen. The House in Committee of the Whole We condemn Tehran’s mistreatment of this House on the State of the Union had under HON. FRANK R. WOLF woman of extraordinary honor and courage. consideration the bill (H.R. 384) to reform OF VIRGINIA We urge the United States, Europe and other the Troubled Assets Relief Program of the major powers to keep pressure on Iran to en- IN THE HOUSE OF REPRESENTATIVES Secretary of the Treasury and ensure ac- sure that no further harm comes to Ms. countability under such Program, and for Wednesday, January 21, 2009 Ebadi and that she remains free to do her es- other purposes: sential work. Mr. WOLF. Madam Speaker, I would like to Mr. STARK. Mr. Chair, I rise today in sup- If Tehran wants relief from international share with our colleagues an editorial in the criticism about its human rights record, it port of H.R. 384, the TARP Reform and Ac- New York Times highlighting the case of Ira- must start by adhering to the Universal Dec- countability Act. nian human rights activist, and Nobel Prize laration of Human Rights and respecting the I am one of the few members on my side laureate, Shirin Ebadi, who faces harassment rights of all of its citizens. of the aisle to vote against the TARP bill both and intimidation at the hands of the Iranian times it came before this House. I did so be- government. f cause I believed that it rewarded the very enti- She is not alone. JACK HAMILTON AND THE COMMU- ties that built the financial house of cards that According to the most recent State Depart- NITY ACTION AGENCY OF SOM- has come crashing down. The Bush Adminis- ment Human Rights Report, ‘‘[Iran’s] poor ERVILLE tration pressed this body to act with all haste human rights record worsened, and it contin- based on faulty information about the prob- ued to commit numerous, serious abuses . . . lems we faced and with scant explanation for Security forces arbitrarily arrested and de- HON. MICHAEL E. CAPUANO how the resources requested would be used. tained individuals and held political prisoners OF MASSACHUSETTS The bill left too much discretion to the Sec- and women’s rights activists. There was a lack IN THE HOUSE OF REPRESENTATIVES retary, and provided too little oversight of the of judicial independence and of fair public Wednesday, January 21, 2009 historic outlay of taxpayer funds. I compared trials. The government severely restricted civil the Bush Administration’s rush to bail out Wall liberties, including freedoms of speech, press, Mr. CAPUANO. Madam Speaker, I rise to Street to their rush to invade Iraq. I take no assembly, association, movement, and pri- pay tribute to my friend and constituent, Jack pleasure in being right on this score—but the vacy. The government placed severe restric- Hamilton, who is retiring after almost three management of the first outlay of TARP funds tions on freedom of religion. Official corruption decades as Executive Director of CAAS, the has been erratic and inefficient. In fact, the and a lack of government transparency per- Community Action Agency of Somerville. Jack execution of this bailout provides the perfect sisted.’’ is the man who made both ‘‘community’’ and thumbnail of the eight years of the Bush Ad- We must continue to stand with human ‘‘action’’ a reality in the day to day work of the ministration: they didn’t have a plan, they rights defenders like Shirin Ebadi, who is agency. He fought poverty and discrimination didn’t do what they said they were going to bravely confronting her own government’s in- every day of his adult life. He communicated do, they didn’t take care of struggling home- justices. a sense of urgency to his staff and inspired both colleagues and clients with his deep owners, but made sure to look after the inter- [From the New York Times, January 2, 2009] ests of big business. The mission was not ac- commitment to the dignity and well-being of THE WOMAN THE MULLAHS FEAR complished. every person. I do not support the release of additional (Editorial) Under his leadership an anti-poverty agency TARP funds and will vote to withhold those Men hold all of the meaningful levers of grew to offer services ranging from early child- funds if such a bill comes before the House. political power in Iran, but it is a woman hood education and parenting support, to help Today, however, we have a chance to make they fear. If not, why is the mullah-led gov- for tenants, access to health care, and advo- ernment trying to shut down the operations a bad law better and that deserves our sup- of Shirin Ebadi? cacy for the disabled. He was an active cit- port. The reforms in this bill are the conditions Ms. Ebadi, a lawyer and her country’s lead- izen, far beyond what would have been ex- that should have been included in the original ing human rights activist, is the first Mus- pected of him as CAAS Executive Director, package. This bill requires reporting by institu- lim woman to win a Nobel Peace Prize. On and he encouraged others to become in- tions that receive taxpayer money and re- Monday, the authorities stormed her private volved. He never shied away from personal in- quires Treasury to reach an agreement with office, seizing her computers and her clients’ volvement in electoral politics, for and against institutions that take taxpayer funds on exactly documents. A week earlier, they closed her those candidates whom he saw as worthy, or how those funds will be used. This bill also Center for Defenders of Human Rights, a coa- unworthy, of support, but he never let petty lition of human rights groups and other ac- limits the ability for those institutions to use tivists whose members had planned to cele- political differences limit his effectiveness. taxpayer funds to pay their executives big bo- brate the 60th anniversary of the United Na- Jack worked with elected officials and with nuses that encourage short-term risk taking. tions’ Universal Declaration of Human me when I served as Mayor, collegially and Most importantly, this bill mandates that the Rights. constructively, but he never withheld his criti- Treasury Department commit significant When she was awarded the peace prize in cism when he felt a rebuke was necessary. funds—up to $100 billion—to foreclosure miti- 2003, the Nobel committee called Ms. Ebadi Above all, he was determined to work with gation and keeping people in the homes they ‘‘a courageous person’’ for standing up anyone and everyone engaged in an important own or rent. against Iran’s bullying government. In the issue, to cooperate and to understand such years since, she has endured repeated death Our Nation is in a deep recession and peo- threats from radical groups and regular gov- honest differences as might arise. He is a man ple at all economic levels are feeling the pain. ernment intimidation. That courage has of compassion and integrity, capable of right- People struggling to make ends meet are hav- never faltered. eous indignation and generous anger. I am ing a tough time understanding why our gov- With presidential elections scheduled for proud to be his friend and I am grateful for his ernment is using tax money to bail out the June, President Mahmoud Ahmadinejad and service to the city we both love.

VerDate Nov 24 2008 05:46 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A21JA8.012 E21JAPT1 smartinez on PROD1PC64 with REMARKS E118 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2009 ISRAEL’S RIGHT TO DEFEND right to defend herself against those who seek I am particularly grateful that our leadership HERSELF FROM ATTACK to destroy her and continue to support efforts has chosen to include the provisions of the to bring a lasting peace between Israel and Immigrant Children’s Health Improvement Act HON. JEB HENSARLING her neighbors. in this SCHIP reauthorization. This provision OF TEXAS Madam Speaker, I support H. Res. 34 and will restore the states’ option to provide cov- IN THE HOUSE OF REPRESENTATIVES Israel’s right to defend herself from attack. erage to legal immigrant children who meet all f other eligibility criteria, thereby seizing the op- Wednesday, January 21, 2009 portunity to address health disparities in com- Mr. HENSARLING. Madam Speaker, as a AFFIRMATION OF SUPPORT munities of color that historically have had Member of Congress it is a high honor to cast TOWARDS THE STATE OF ISRAEL very poor access to health care. my vote in the people’s House. In my career, Madam Speaker, I believe this bill takes a I have exercised that privilege over 4,200 HON. TRAVIS W. CHILDERS giant step forward in honoring our moral im- times. While my record is not perfect, I am OF MISSISSIPPI perative to ensure that age, race and income proud that last year I participated in 99 per- IN THE HOUSE OF REPRESENTATIVES do not determine the health status of our chil- cent of all votes. dren. I am proud to vote for its passage today, Wednesday, January 21, 2009 That is all the more reason why I am filled to protect our commitment to our children, and with regret that I unintentionally missed my op- Mr. CHILDERS. Madam Speaker, I rise to offer them the promise of a healthier tomor- portunity to cast a vote last Friday on Rollcall today to affirm that Hamas’s continued and row. No. 10, the resolution recognizing Israel’s right violent attacks against Israel have again un- f to defend herself against attacks from Gaza. dermined the potential for peace under al- HONORING MARY ANN RIOJAS As a longtime supporter of Israel and her right ready tenuous conditions, harming both Pal- to exist, I want to inform the House that were estinians and Israeli civilians in an unprovoked I present for the vote, I would have voted in assault. I join many of my fellow Americans in HON. GEORGE RADANOVICH favor of this important resolution. calling for Hamas to end its attacks, recognize OF CALIFORNIA Madam Speaker, I offer my strong support Israel’s right to exist, dismantle its terrorist in- IN THE HOUSE OF REPRESENTATIVES of Israel and H. Res. 34. Since the withdrawal frastructure, and accept previous agreements Wednesday, January 21, 2009 of Israeli troops from Gaza in 2005, Hamas between Israel and the Palestinians. I was Mr. RADANOVICH. Madam Speaker, I rise has continually launched thousands of rockets proud to vote last week with a bipartisan ma- today, along with my colleagues, Representa- into southern Israel, killing innocent civilians, jority of my colleagues in support of H. Res. tive JIM COSTA and Representative DEVIN destroying vital infrastructure and private prop- 34, expressing our continued commitment to NUNES, to commend and congratulate Mary erty, and holding hostage virtually all southern the welfare and survival of Israel, and recog- Ann Riojas upon being selected by ABC’s re- Israel’s residents. nizing its right to act in self-defense. ality television show, ‘‘Extreme Makeover: Though the Egyptian-brokered ceasefire of f Home Edition.’’ Ms. Riojas and her family June 2008 reduced the number of rocket at- CHILDREN’S HEALTH INSURANCE were surprised by Ty Pennington and his crew tacks from Gaza, the attacks never fully on January 8, 2009 at their home in Fresno, PROGRAM REAUTHORIZATION ended. Instead, Hamas and its foreign allies CA. ACT OF 2009 used this opportunity to smuggle more weap- Mary Ann Riojas was born without legs and ons into the region. Once the ceasefire ex- with only one fully developed arm. As a child, SPEECH OF pired on December 19, 2008, Hamas resumed Ms. Riojas was placed into the foster care its daily attacks on Israel with increased feroc- HON. LUCILLE ROYBAL-ALLARD system, and was faced with an unstable home ity using its new and improved longer range OF CALIFORNIA life. She began to gain her independence Iranian-made rockets smuggled in during the IN THE HOUSE OF REPRESENTATIVES when she was introduced into the Easter ceasefire. Israel was left with little choice but Seals program and they provided her with her Wednesday, January 14, 2009 to retaliate against these attacks by targeting first wheelchair. With this wheelchair she was Hamas’ military forces and weapons stock- Ms. ROYBAL-ALLARD. Madam Speaker, I able to attend Easter Seals Camp Harmon in piles. rise in support of H.R. 2, the Children’s Health the Santa Cruz Mountains. At Camp Harmon While any loss of life is deplorable, the fact Insurance Program Reauthorization Act of she learned how to swim and was able to par- remains that it was Hamas who forced Israel 2009. This bill represents a strong bipartisan ticipate in camp activities. The summer camp to resort to a military solution. Thus, I offer first step to reform our broken health care sys- program provided her an opportunity to meet Israel my full support in the efforts to protect tem by guaranteeing that millions of uninsured new people, try new things and continue to her citizens. If America fell under the same children will have the health care that they gain her independence. daily barrage of rocket attacks, we would not need. Its passage will bring a symbolic end to As a young adult, Ms. Riojas decided to hesitate to strike back with military force, nor the broken promises of the Bush Administra- stay at home and raise her four children. For would we seek permission to take the nec- tion, which twice chose to deny coverage to 4 a short time she was receiving public assist- essary steps to protect our citizens. million children in desperate need of health ance to keep her family afloat. In spite of her Madam Speaker, Israel has a legal, moral, care. disabilities, and financial struggle, she was de- and historical right to exist in peace with se- Over the past decade the State Children’s termined to become the first in her family to cure and defensible borders. While it is my Health Insurance Program (SCHIP) has earn a college degree; she graduated in 2002 earnest prayer that this current conflict may be helped reduce the number of uninsured chil- from San Joaquin Valley College with an As- resolved shortly through a durable and sus- dren by one-third and has made significant sociate of Arts degree in business administra- tainable ceasefire, Israel cannot put at risk the progress in improving the health of low-income tion. To further her independence, she ob- security of her people by allowing Hamas to children. H.R. 2 will reauthorize this critical tained her drivers license, and with the assist- continue to export violence from Gaza. program until 2013, ensuring that 7 million ance of Easter Seals, she purchased her first The loss of innocent civilian life is tragic and children currently covered by SCHIP continue fully-equipped, hand-controlled vehicle. it is deplorable that Hamas complicates to receive health coverage. Equally as impor- When she was unable to find a job because Israel’s attempts to avoid civilian casualties by tant, this bill will extend health coverage to an of her disabilities, Ms. Riojas became an em- stockpiling weapons in homes and in mosques additional 4 million low-income children who ployee of Easter Seals. Her first job was as and using public places like schools to launch are currently uninsured. the office manager at the Child Development their sinister attacks on Israel. The Palestinian The Children’s Health Insurance Program Center at Children’s Hospital Central Cali- people deserve better. Reauthorization Act of 2009 strengthens fornia. In 2005, she became the National Am- Peace can never be achieved so long as SCHIP by including incentives for states to de- bassador for Easter Seals and travelled all terrorist groups like Hamas continue to oper- velop effective outreach and enroll more eligi- over the country spreading her joy and enthu- ate. Israel has been our staunchest ally in the ble children. In addition, the bill improves ac- siasm for life. Ms. Riojas eventually changed Middle East and a full partner in the global cess to both mental health services and dental jobs, and in 2006, she began working for the war against radical jihadists—individuals who health care, and offers states the option to Fresno Housing Authority as a counselor. This would destroy our Nation, our children, our cover targeted low-income pregnant women position has allowed her to assist families in values, and the very existence of Western civ- as a way to provide the essential prenatal her community that are facing housing and fi- ilization. We must continue to support Israel’s care that can help reduce birth defects. nancial problems.

VerDate Nov 24 2008 05:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.016 E21JAPT1 smartinez on PROD1PC64 with REMARKS January 21, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E119 Ms. Riojas does not see herself as disabled, TARP REFORM AND ing on all parties to cease hostilities and focus but rather as a mother and an advocate for ACCOUNTABILITY ACT OF 2009 their efforts on the Israeli-Palestinian peace those with special needs. She is a strong process. SPEECH OF woman who has raised four children; Nichole, f Victoria, Angel and Jessie. She continues to HON. EARL BLUMENAUER inspire others on a daily basis. Being selected TARP REFORM AND OF OREGON for the show is a tribute to Ms. Riojas’ dedica- ACCOUNTABILITY ACT OF 2009 IN THE HOUSE OF REPRESENTATIVES tion to her community and personal commit- SPEECH OF ment to overcome all of life’s adversities. Wednesday, January 14, 2009 Madam Speaker, we rise today to commend The House in Committee of the Whole HON. PAUL RYAN and congratulate Mary Ann Riojas upon being House on the State of the Union had under OF WISCONSIN selected for the ABC reality show ‘‘Extreme consideration the bill (H.R. 384) to reform IN THE HOUSE OF REPRESENTATIVES Makeover: Home Edition.’’ I invite my col- the Troubled Assets Relief Program of the Wednesday, January 14, 2009 Secretary of the Treasury and ensure ac- leagues to join me in wishing Ms. Riojas and The House in Committee of the Whole her family many years of happiness and suc- countability under such Program, and for other purposes: House on the State of the Union had under cess. consideration the bill (H.R. 384) to reform Mr. BLUMENAUER. Mr. Chair, last fall, I op- the Troubled Assets Relief Program of the f posed the initial round of financial recovery Secretary of the Treasury and ensure ac- spending on the grounds that there were too countability under such Program, and for TARP REFORM AND many unknowns about what, and who, our other purposes: ACCOUNTABILITY ACT OF 2009 federal dollars were financing. Subsequent Mr. RYAN of Wisconsin. Mr. Chair, the events, which revealed that many recipients Emergency Economic Stabilization Act of SPEECH OF continued to hold back from making the loans 2008, passed last October, not only granted HON. CHRISTOPHER S. MURPHY necessary for economic recovery, justified my the Treasury the authority to use $350 billion initial position. in public funds to prevent a collapse of the fi- OF CONNECTICUT With H.R. 384, Congress is beginning this nancial system, but it also greatly expanded IN THE HOUSE OF REPRESENTATIVES process to recover and renew America’s eco- the Federal Reserve’s policy toolkit in ad- Thursday, January 15, 2009 nomic strength with a new administration. Fur- dressing the crisis through a somewhat ob- The House in Committee of the Whole ther congressional action is necessary be- scure, but important, provision of the legisla- House on the State of the Union had under cause the efforts to date have been off the tion. The bill authorized the Fed to begin pay- consideration the bill (H.R. 384) to reform mark. This bill is the first step to providing ing interest on the reserves that commercial the Troubled Assets Relief Program of the guidance to the new administration, which has banks hold with the central bank. This ability Secretary of the Treasury and ensure ac- already learned many of the lessons from the has essentially allowed the Fed to establish a countability under such Program, and for past administration’s failed effort. ‘‘floor’’ for the federal funds rate, the main other purposes: I have come to this juncture today with an lever of its economy-wide monetary policy Mr. MURPHY of Connecticut. Mr. Chair, I even greater sense of urgency than even last stance, even while it greatly expands the pro- would like to draw attention to section 403 of fall. Thanks to this legislation we can provide vision of liquidity to various segments of the fi- H.R. 384, the ‘‘TARP Reform and Account- hope to American families. This legislation nancial markets to address the crisis. To this ability Act.’’ It is clearer every day that there puts stronger oversight mechanisms in place end, the Fed has been increasing the asset is a crisis in the commercial real estate credit and requires the Treasury Department to side of its balance sheet through a variety of markets. Section 403 of H.R. 384 clarifies reach enforceable and measurable agree- lending facilities and asset purchases. The Treasury’s authority to take action to support ments on the use of TARP funds. The legisla- scope of its lending has also been amplified liquidity in the commercial real estate market. tion also places strong limitations on executive by frequently invoking emergency powers Right now the $3.4 trillion commercial mort- compensation, provides strong foreclosure re- under the Federal Reserve Act’s ‘‘unusual and gage market is frozen. Most lenders have lief, and includes significant incentives that will exigent circumstances’’ clause, which it has withdrawn from the market and there is no aid homebuyers struggling to refinance their used to justify lending to important, non-de- secondary market for commercial mortgages. loans. For these reasons, H.R. 384 deserves pository financial institutions. In 2007, the market provided approximately my support. The Fed has made it clear that it will con- $240 billion in financing, which represented f tinue to expand its balance sheet to make nearly 50 percent of all commercial lending. In sure that credit is available to consumers and contrast, the market came to a screeching halt RECOGNIZING ISRAEL’S RIGHT TO small businesses and the integrity of the over- and provided less than $13 billion in issuance DEFEND ITSELF AGAINST AT- all financial system is preserved. In recent in 2008, despite borrowers’ demand. In 2009, TACKS FROM GAZA months, for instance, the Fed has established tens of billions of commercial real estate loans new and innovative lending facilities intended SPEECH OF will come due without any capacity to refi- to boost the flow of funding to the commercial nance these performing loans. The result HON. LUCILLE ROYBAL-ALLARD paper market and key asset-backed security could very well be widespread loan defaults. OF CALIFORNIA markets, it has committed itself to purchasing With the downturn in the U.S. economy now IN THE HOUSE OF REPRESENTATIVES billions of mortgage-backed securities in order having dramatic effects on the commercial real to keep mortgage rates low for the health of estate market, Section 403 affirms the Treas- Friday, January 9, 2009 the housing market, and it has continued to ury Department’s ability to take action to help Ms. ROYBAL-ALLARD. Madam Speaker, I play a key role in providing assistance to sys- preserve this important sector of our economy. rise to support H. Res. 34 recognizing the temically important financial institutions. These With the clarification included in Section State of Israel’s right to exist in the community actions on the part of the central bank have, 403, the Treasury can move forward in deter- of nations and reaffirming America’s strong in fact, come very close to replicating the origi- mining how best to address this situation—ei- support for Israel. nal intent of the TARP program. And these ac- ther through the Term Asset-backed Securities Paramount among any sovereign state’s tions, along with the deployment of the initial Lending Facility; or by setting aside TARP rights is the right to defend itself. I voted to af- $350 billion of TARP funding, have shown funds for the creation of a commercial lending firm that right for our good friend, the State of signs of being effective—the economy is still facility that would provide the private market Israel against attacks from Hamas. If the in a precarious state, but a systemic, and cat- with liquidity and allow for the extension of Hamas-led government truly wishes to be a astrophic, collapse of our financial and credit new credit, as well as assist in refinancing ex- member of the global community, it must ac- markets has been avoided. isting performing loans. knowledge and abide by all the world’s rules My fear is that the second $350 billion in It is important that we continue to act to ad- including severing all links to terrorism and ac- TARP funding will go far beyond the original dress this crisis in a responsible manner that knowledging the right of Israel’s peaceful ex- mission of preserving overall financial market protects the American taxpayer and preserves istence. stability, and instead will be used to fund a vital sectors of the United States economy and Madam Speaker, the Middle East has been heavy-handed, neo-industrial policy. Various I urge my colleagues to do so through their plagued by chronic fighting long enough. I join industries have already marshaled their lobby- support of H.R. 384. my colleagues in supporting Israel and in call- ists for a claim on these public dollars. And

VerDate Nov 24 2008 05:38 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.019 E21JAPT1 smartinez on PROD1PC64 with REMARKS E120 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2009 with our Federal budget expected to reach his- As an additional procedure along JANUARY 28 toric levels this year, we cannot risk more pub- with the computerization of this infor- 9:30 a.m. lic funds to be squandered. mation, the Office of the Senate Daily Foreign Relations In light of the Fed’s vastly expanded policy Digest will prepare this information for Business meeting to consider the nomi- options for addressing key sources of market printing in the Extensions of Remarks nations of James B. Steinberg, to be turmoil going forward and their relative effec- section of the CONGRESSIONAL RECORD Deputy Secretary, and Jacob J. Lew, to tiveness—combined with the very real risk that on Monday and Wednesday of each be Deputy Secretary for Management more TARP funding will be used for an indus- week. and Resources, both of the Department trial policy—I am voting against the release of Meetings scheduled for Thursday, of State. the second half of TARP funds. Although I am January 22, 2009 may be found in the SD–419 concerned about the Fed moving into new and Daily Digest of today’s RECORD. Veterans’ Affairs expanded policy territory, that concern is tem- To hold an oversight hearing to examine perer by the fact that the Fed is relatively insu- MEETINGS SCHEDULED veteran’s disability compensation, fo- lated from politics and lobbyists and is more cusing on the appeals process. SR–418 singularly focused on the stability and health JANUARY 27 10 a.m. of the financial system, which was my fore- 9:30 a.m. Armed Services Budget most reason for approving the original TARP To hold hearings to examine federal re- funding last October. To hold hearings to examine challenges facing the Department of Defense. sponse to the housing and financial cri- f SD–106 sis. SENATE COMMITTEE MEETINGS 10 a.m. SD–608 Banking, Housing, and Urban Affairs Foreign Relations Title IV of Senate Resolution 4, To hold hearings to examine investment To hold hearings to examine global cli- agreed to by the Senate on February 4, securities fraud, focusing on regulator mate change. 1977, calls for establishment of a sys- and oversight concerns. SD–419 tem for a computerized schedule of all SD–538 Homeland Security and Governmental Af- meetings and hearings of Senate com- Health, Education, Labor, and Pensions fairs mittees, subcommittees, joint commit- To hold hearings to examine access to To hold hearings to examine lessons from tees, and committees of conference. prevention and public health for high the Mumbai, India terrorist attacks. This title requires all such committees risk populations. SD–342 to notify the Office of the Senate Daily TBD Judiciary Judiciary Business meeting to consider the nomi- Digest—designated by the Rules Com- To hold hearings to examine health in- nation of Eric H. Holder, Jr., to be At- mittee—of the time, place, and purpose formation technology (IT), focusing on of the meetings, when scheduled, and protecting Americans’ privacy in the torney General. any cancellations or changes in the digital age. SH–216 meetings as they occur. SD–226

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HIGHLIGHTS Senator Ken Salazar, of Colorado, submitted a letter of resignation from the United States Senate. Senator Hillary Clinton, of New York, submitted a letter of resignation from the United States Senate. Senate Enzi Amendment No. 28, to clarify standing. Chamber Action Page S710 Routine Proceedings, pages S673–S732 Enzi Amendment No. 29, to clarify standing. Measures Introduced: Fourteen bills and two reso- Page S711 lutions were introduced, as follows: S. 282–295, and A unanimous-consent-time agreement was reached S. Res. 18–19. Page S719 providing for further consideration of the bill at ap- Measures Passed: proximately 10:30 a.m., on Thursday, January 22, 2009, and that there be up to 60 minutes of debate Majority Party Appointments: Senate agreed to equally divided and controlled between Senators S. Res. 18, making majority party appointments to Hutchison and Mikulski, or their designees, relative certain Senate committees for the 111th Congress. to Hutchison Amendment No. 25 (listed above), Pages S729–30 prior to a vote on or in relation to the amendment; Minority Party Appointments: Senate agreed to provided further, that there be no amendments in S. Res. 19, making minority party appointments for order to Hutchison Amendment No. 25 prior to the the 111th Congress. Page S730 vote. Page S732 Measures Considered: Nomination Confirmed: Senate confirmed the fol- Lilly Ledbetter Fair Pay Act: Senate resumed con- lowing nomination: sideration of S. 181, to amend title VII of the Civil By 94 yeas 2 nays (Vote No. EX. 6), Hillary Rights Act of 1964 and the Age Discrimination in Rodham Clinton, of New York, to be Secretary of Employment Act of 1967, and to modify the oper- State. Pages S673–93 ation of the Americans with Disabilities Act of 1990 Executive Communications: Pages S718–19 and the Rehabilitation Act of 1973, to clarify that Executive Reports of Committees: Page S719 a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each Additional Cosponsors: Pages S719–20 time compensation is paid pursuant to the discrimi- Statements on Introduced Bills/Resolutions: natory compensation decision or other practice, tak- Pages S720–27 ing action on the following amendments proposed Amendments Submitted: Pages S727–29 thereto: Pages S693–S712 Authorities for Committees to Meet: Page S729 Pending: Hutchison Amendment No. 25, in the nature of Record Votes: One record vote was taken today. a substitute. Pages S693–96, S698–S712 (Total—6) Page S693 Specter Amendment No. 26, to provide a rule of Adjournment: Senate convened at 12 p.m. and ad- construction. Pages S696–97 journed at 7:49 p.m., until 9:30 a.m. on Thursday, Specter Amendment No. 27, to limit the applica- January 22, 2009. (For Senate’s program, see the re- tion of the bill to discriminatory compensation deci- marks of the Acting Majority Leader in today’s sions. Page S697 Record on page S732.) D58

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the nominee, who was introduced by Senator Schu- Committee Meetings mer and Paul Volcker, former Chairman, Board of (Committees not listed did not meet) Governors of the Federal Reserve System, testified and answered questions in his own behalf. FISCAL CHALLENGES Committee on the Budget: Committee concluded a hear- NOMINATION ing to examine addressing short-and long-term fiscal Committee on Foreign Relations: Committee ordered fa- challenges, after receiving testimony from Alice M. vorably reported the nomination of Susan E. Rice, to Rivlin, Brookings Institution, and Robert D. be Permanent Representative to the United Nations, Reischauer, and Rudolph G. Penner, both of the with the rank and status of Ambassador, and to be Urban Institute, all of Washington, DC. Representative to the Sessions of the General Assem- NOMINATION bly of the United Nations during her tenure of serv- ice as Representative to the United Nations. Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine the FINANCIAL CRISIS nomination of Ray LaHood, to be Secretary of Trans- portation, after the nominee, who was introduced by Committee on Homeland Security and Governmental Af- Senator Durbin and former Representative Michel, fairs: Committee concluded a hearing on the finan- testified and answered questions in his own behalf. cial crisis and financial governance, after receiving testimony from Gene L. Dodaro, Acting Comptroller NOMINATION General, Government Accounting Office; Howell E. Committee on Finance: Committee concluded a hearing Jackson, Harvard Law School, Cambridge, Massachu- to examine the nomination of Timothy F. Geithner, setts; and Steven M. Davidoff, University of Con- of New York, to be Secretary of the Treasury, after necticut School of Law, Hartford. h House of Representatives wards (TX), Scott (VA), Langevin, Larsen (WA), Chamber Action Bishop (NY), Moore (WI), Connolly (VA), and Public Bills and Resolutions Introduced: 15 pub- Schrader. Committee on Education and Labor: Rep- lic bills, H.R. 611–625; and 5 resolutions, H. Con. resentatives Kildee, Payne, Andrews, Scott (VA), Res. 24; and H. Res. 74–77 were introduced. Woolsey, Hinojosa, McCarthy (NY), Tierney, Pages H441–42 Kucinich, Wu, Holt, Davis (CA), Grijalva, Bishop Additional Cosponsors: Pages H442–43 (NY), Sestak, Loebsack, Hirono, Altmire, Hare, Reports Filed: There were no reports filed today. Clarke, Courtney, Shea-Porter, Fudge, Polis (CO), Tonko, Pierluisi, Sablan, and Titus. Committee on Speaker: Read a letter from the Speaker wherein she Foreign Affairs: Representatives Ackerman, appointed Representative DeGette to act as Speaker Faleomavaega, Payne, Sherman, Wexler, Engel, Pro Tempore for today. Page H391 Delahunt, Meeks (NY), Watson, Smith (WA), Committee Elections: The House agreed to H. Res. Carnahan, Sires, Connolly (VA), McMahon, Tanner, 74, electing the following Members to certain stand- Gene Green (TX), Jackson-Lee (TX), Lee (CA), Berk- ing committees of the House of Representatives: ley, Crowley, Ross, Miller (NC), Scott (GA), Costa, Committee on Agriculture: Representatives Holden, Ellison, Giffords, and Klein (FL). Committee on the McIntyre, Boswell, Baca, Cardoza, Scott (GA), Mar- Judiciary: Representatives Berman, Boucher, Nadler shall, Herseth Sandlin, Cuellar, Costa, Ellsworth, (NY), Scott (VA), Watt, Zoe Lofgren (CA), Jackson- Walz, Gillibrand, Kagen, Schrader, Halvorson, Lee (TX), Waters, Delahunt, Wexler, Cohen, John- Dahlkemper, Massa, Bright, Markey (CO), Kratovil, son (GA), Pierluisi, Gutierrez, Sherman, Baldwin, Schauer, Kissell, Boccieri, Pomeroy, Childers, and Gonzalez, Weiner, Schiff, Linda T. Sa´nchez (CA), Minnick. Committee on the Budget: Representatives Wasserman Schultz, and Maffei. Committee on Nat- Schwartz, Kaptur, Becerra, Doggett, Blumenauer, ural Resources: Representatives Kildee, Berry, Boyd, McGovern, Tsongas, Etheridge, McCol- Faleomavaega, Abercrombie, Pallone, Napolitano, lum, Melancon, Yarmuth, Andrews, DeLauro, Ed- Holt, Grijalva, Bordallo, Costa, Boren, Sablan,

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Committee Agreed to table the appeal of the ruling of the on Science and Technology: Representatives Costello, chair on a point of order sustained against the Eddie Bernice Johnson (TX), Woolsey, Wu, Baird, Gohmert motion to recommit the bill to the Com- Miller (NC), Lipinski, Giffords, Edwards (MD), mittee on Financial Services with instructions to re- Fudge, Lujan, Tonko, Griffith, Rothman (NJ), port the same back to the House forthwith with an Matheson, Davis (TN), Chandler, Carnahan, Hill, amendment, by a recorded vote of 251 ayes to 176 Mitchell, Wilson (OH), Dahlkemper, Grayson, noes, Roll No. 24. Pages H413–15 Kosmas, and Peters. Committee on Small Business: Rejected the Barrett (SC) motion to recommit the Representatives Moore (KS), Shuler, Dahlkemper, bill to the Committee on Financial Services with in- Schrader, Kirkpatrick (AZ), Nye, Michaud, Bean, Li- structions to report the same back to the House pinski, Altmire, Clarke, Ellsworth, Sestak, Bright, forthwith with an amendment, by a yea-and-nay vote Griffith, and Halvorson. Committee on Veterans’ Af- of 199 yeas to 228 nays, Roll No. 25. Pages H415–18 fairs: Representatives Corrine Brown (FL), Snyder, Accepted: Michaud, Herseth Sandlin, Mitchell, Hall (NY), Myrick amendment (No. 8 printed in H. Rept. Halvorson, Perriello, Teague, Rodriguez, Donnelly 111–3) that prohibits TARP fund recipients from (IN), McNerney, Space, Walz, Adler (NJ), Kirk- outsourcing new customer service or call center jobs patrick (AZ), and Nye. Pages H391–92 to foreign companies; Pages H407–08 Suspensions: The House agreed to suspend the rules Frank (MA) amendment (No. 9 printed in H. and agree to the following measures: Rept. 111–3) that requires that any assisted institu- Observing the birthday of Martin Luther King, tion publicly report, not less than quarterly, on the Jr., and encouraging the people of the United institution’s use of the assistance, and requires the States to observe the birthday of Martin Luther Treasury to make those reports readily available on- King, Jr., and the life and legacy of Dr. Martin line; Pages H408–09 Luther King, Jr.: H. Res. 73, to observe the birth- Flake amendment (No. 10 printed in H. Rept. day of Martin Luther King, Jr., and to encourage the 111–3) that clarifies that the TARP Special Inspec- people of the United States to observe the birthday tor General has oversight power over any actions of Martin Luther King, Jr., and the life and legacy taken by Treasury under this legislation that he deems appropriate, with certain exceptions; and of Dr. Martin Luther King, Jr. and Pages H394–98 Pages H409–11 Honoring the contributions of Catholic schools: Hinchey amendment (No. 11 printed in H. Rept. H. Res. 39, to honor the contributions of Catholic 111–3) that requires Treasury to immediately obtain schools. Pages H398–H402 information from recipients of TARP funds and their Suspensions—Proceedings Postponed: The House precise use of funds allocated prior to January 1, debated the following measures under suspension of 2009, and requires the Treasury to conduct an anal- the rules. Further proceedings were postponed: ysis of the use of those funds within 30 days of en- Expressing support for designation of the week actment (by a recorded vote of 427 ayes to 1 no, of February 2 through February 6, 2009, as ‘‘Na- Roll No. 23). Pages H411–13 tional School Counseling Week’’: H. Res. 56, to ex- Agreed that the Clerk be authorized to make press support for designation of the week of February technical and conforming changes to reflect the ac- 2 through February 6, 2009, as ‘‘National School tions of the House. Page H419 Counseling Week’’ and Pages H402–05 H. Res. 62, the rule providing for further consid- eration of the bill, was agreed to on Thursday, Janu- Commending the University of Florida Gators ary 15th. for winning the Bowl Championship Series Na- tional Championship Game: H. Res. 58, to com- Recess: The House recessed at 2:35 p.m. and recon- mend the University of Florida Gators for winning vened at 3:05 p.m. Page H412 the Bowl Championship Series National Champion- Moment of Silence: The House observed a moment ship Game. Pages H405–07 of silence in honor of Horace Kornegay, former TARP Reform and Accountability Act of 2009: Member of Congress. Page H418 The House passed H.R. 384, to reform the Troubled Committee Resignation: Read a letter from Rep- Assets Relief Program of the Secretary of the Treas- resentative Foxx, wherein she resigned from the ury and ensure accountability under such Program, Committees on Education and Labor, Oversight and by a recorded vote of 260 ayes to 166 noes, Roll No. Government Reform, and Agriculture. Page H419

VerDate Nov 24 2008 04:52 Jan 22, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D21JA9.REC D21JAPT1 smartinez on PROD1PC64 with DIGEST January 21, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D61 Committee Resignation: Read a letter from Rep- Committee on Foreign Relations: to hold hearings to exam- resentative Alexander, wherein he resigned from the ine the nominations of James B. Steinberg, to be Deputy Committee on the Budget. Page H419 Secretary, and Jacob J. Lew, to be Deputy Secretary for Management and Resources, both of the Department of Quorum Calls—Votes: One yea-and-nay vote and State, 9:30 a.m., SD–419. three recorded votes developed during the pro- Committee on Health, Education, Labor, and Pensions: to ceedings of today and appear on pages H412–13, hold hearings to examine what States are doing to keep H414–15, H417–18 and H418–19. There were no citizens healthy, 10 a.m., SD–430. quorum calls. Select Committee on Intelligence: to hold hearings to exam- Adjournment: The House met at 12 noon and ad- ine the nomination of Dennis Blair, to be Director of Na- journed at 7:23 p.m. tional Intelligence, 10 a.m., SH–216. Committee Meetings House Committee on Armed Services, hearing on preventing ECONOMIC STIMULUS; COMMITTEE weapons of mass destruction proliferation and terrorism, ORGANIZATION 10 a.m., 2118 Rayburn. Committee on Appropriations: Ordered reported, as Committee on the Budget, to meet for organizational pur- amended, the American Recovery and Reinvestment poses, 10:15 a.m., 210 Cannon. Act of 2009. Committee on Energy and Commerce, to consider the por- Prior to the markup, the Committee met for orga- tions of the economic recovery package under the Com- nizational purposes. mittee on Energy and Commerce’s jurisdiction, 10 a.m., 2123 Rayburn. COMMITTEE ORGANIZATION Committee on House Administration, to meet for organiza- Committee on Education and Labor: Met for organiza- tional purposes, 1 p.m., 1310 Longworth. tional purposes. Committee on the Judiciary, to meet for organizational purposes, 10 a.m., and to hold a hearing on the following bills: H.R. 200, Helping Families Save Their Homes in Joint Meetings Bankruptcy Act of 2009; and H.R. 225, Emergency No joint committee meetings were held. Homeownership and Equity Protection Act, 2 p.m., 2141 f Rayburn. Committee on Transportation and Infrastructure, hearing on COMMITTEE MEETINGS FOR THURSDAY, Infrastructure Investment: Ensuring an Effective Eco- JANUARY 22, 2009 nomic Recovery Package, 10 a.m., 2167 Rayburn. (Committee meetings are open unless otherwise indicated) Committee on Veterans’ Affairs, to meet for organizational purposes, 10 a.m., 334 Cannon. Senate Committee on Ways and Means, to mark up H.R. 598, Committee on Finance: business meeting to consider the To provide for a portion of the economic recovery pack- nomination of Timothy F. Geithner, of New York, to be age relating to revenue measures, unemployment, and Secretary of the Treasury, 10 a.m., SD–215. health, 10 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, January 22 10 a.m., Thursday, January 22

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: To be announced. morning business (not to extend beyond 10:30 a.m.), Sen- ate will continue consideration of S. 181, Lilly Ledbetter Fair Pay Act, and vote on or in relation to Hutchison Amendment No. 25.

Extensions of Remarks, as inserted in this issue

HOUSE Hensarling, Jeb, Tex., E118 Rahall, Nick J., II, W.Va., E114 Hinchey, Maurice D., N.Y., E112 Ros-Lehtinen, Ileana, Fla., E116 Blumenauer, Earl, Ore., E119 Hirono, Mazie K., Hawaii, E112 Roybal-Allard, Lucille, Calif., E118, E119 Capps, Lois, Calif., E115 Jackson-Lee, Sheila, Tex., E115 Ryan, Paul, Wisc., E119 Capuano, Michael E., Mass., E117 Lee, Christopher John, N.Y., E111 Stark, Fortney Pete, Calif., E117 Childers, Travis W., Miss., E118 Markey, Betsy, Colo., E112 Edwards, Chet, Tex., E115 Miller, Jeff, Fla., E113 Wolf, Frank R., Va., E117 Etheridge, Bob, N.C., E114 Murphy, Christopher S., Conn., E119 Yarmuth, John A., Ky., E113 Guthrie, Brett, Ky., E113 Radanovich, George, Calif., E113, E118 Young, C.W. Bill, Fla., E111

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